The following words and phrases, whenever used in this chapter, shall be construed as defined in this section, unless from the context a different meaning is intended.
"Towing operation" or "towing service"
means the activity of towing vehicles or removing a vehicle from one place to another for compensation within the city of Westminster. "Towing operation" or "towing service" also means the storing of towed vehicles and any and all other services performed incident to towing.
"Tow truck"
means any vehicle or device used to tow or otherwise remove vehicles from one place to another.
"Non-emergency tow" or "non-emergency towing assignment"
means:
1. 
Towing of vehicles that have been involved in a collision, but have been removed from the scene of the incident;
2. 
The towing of vehicles that have experienced mechanical failure, but have been removed from the roadway and no longer constitute a hazard;
3. 
The towing of vehicles, operative or not, which are towed with the consent and/or authorization from the registered owner;
4. 
All non-emergency tows require written authorization from the registered owner, legal owner, driver or other person lawfully in control of the vehicle to be towed.
"Law enforcement tow"
means the towing of any vehicle at the request of the Westminster police department in the course and scope of police business.
"Private property impound"
means the towing of any vehicle from private property made at the request of the person lawfully in control of said property.
"Illegally parked vehicle"
means any vehicle parked in violation of the city, county and the state law.
(Prior code § 5900; Ord. 2253 § 1, 1996)
The provisions of this chapter shall not apply to the following towing operations:
A. 
A towing operation that provides towing services exclusively to members of an association, automobile club or similar organization and which receives compensation only from that association, automobile club or similar organization.
B. 
A towing operation that provides towing services without a charge or fee for other vehicles owned or operated by an individual or organization furnishing the tow service.
C. 
A towing operation which provides towing services for vehicles owned or operated by an individual or organization under the terms of a rent or lease agreement or contract provided that said towing service is performed on a non-profit basis or that the fee/rate charged by the towing operation is set forth in the rent or lease agreement or contract.
D. 
Persons soliciting for non-emergency towing assignments within the city shall be subject to the provisions of this chapter and are required to have a business license as provided herein.
(Ord. 2253 § 1, 1996)
No person shall engage in, manage, conduct or operate a towing operation without a city of Westminster business license as set forth in Chapter 5.08.
(Prior code § 5900.1; Ord. 2253 § 1, 1996)
No person shall engage in, manage, conduct or operate a towing operation without a police permit issued by the chief of police or authorized representative.
(Prior § 5900.1; Ord. 2253 § 1, 1996)
An application for a permit shall be filed with the chief of police on forms provided by the police department and shall be accompanied by a fee as set by city council resolution.
(Ord. 2253 § 1, 1996)
An application for a permit shall contain the following information:
A. 
The name, date of birth, driver's license number, business and residence address of the applicant, if an individual; or if a corporation, its name, date and place of incorporation, address of its principal officers, together with their respective residence addresses; or if a partnership, association or unincorporated company, the names of the partners, or of the person comprising such association or company, and the business and residence of each partner or person;
B. 
A description of each tow truck or other vehicle proposed to be used by the applicant, together with vehicle identification numbers and state vehicle license numbers thereon;
C. 
The names, dates of birth, addresses and drivers' license numbers of all to truck operators employed by the applicant;
D. 
The business, occupation, or employment history of the applicant for three years immediately preceding the date of the application, including, if applicable, the business license and permit history while operating as a tow service.
E. 
All criminal convictions or proceedings in which a plea of guilty or nolo contendere was entered, including vehicle code violations.
F. 
Such other identification and information as the chief of police deems necessary to carry out the purpose of this chapter.
(Prior code § 5900.1; Ord. 2253 § 1)
The chief of police, or authorized representative, shall cause an investigation of the applicant, and the application for a permit may be denied on any of the following grounds:
A. 
The applicant is a person under the age of eighteen years;
B. 
The applicant, his agent or employee, or any person connected or associated with the applicant as partner, director, officer, stockholder, associate, or manager has committed or aided or abetted in the commission of any act or act of omission which if committed by a permittee would be grounds for suspension or revocation of a permit; or
C. 
The applicant, his/her agent or employee, or any person connected or associated with the applicant as partner, director, officer, stockholder, associate or manager has been refused a permit or had a permit revoked or has been an officer, director, member, partner or manager of any person who has been refused a permit or had a permit revoked.
(Prior code § 5900.2; Ord. 2253 § 1, 1996)
The chief of police, or authorized representative shall notify the applicant of the chief of police's intent to deny an application for a permit. Service of such notice shall be made personally or by certified mail to the address listed in the application. The notice shall include a statement that the applicant may appeal such denial to the city traffic commission by filing a written request for public hearing with the city clerk within fifteen working days, if served by certified mail, after personal service, or within ten working days after personal service upon him/her of the notice of intent to deny. Failure to formally file a written request for a public hearing, will constitute a waiver of his/her right to appeal. If the traffic commission upholds the denial of a permit, the applicant can then appeal the traffic commission's decision to the city council.
(Ord. 2253 § 1, 1996)
Whenever the city clerk has scheduled an appeal before the city council, at the time and date set therefor, the council shall receive all relevant testimony and evidence from the applicant, from interested parties and from city staff. The city council may sustain, overrule or modify the action of the chief of police and the traffic commission. The decision of the city council shall be final.
(Ord. 2253 § 1, 1996)
A. 
The chief of police may, in his/her discretion, or upon the verified complaint in writing of any person, investigate the actions of any permittee and may temporarily suspend a permit for a period not exceeding one year or revoke the permit of any permittee who commits any one or more of the acts or omissions as set forth below.
It shall be grounds for suspension or revocation of a permit if any permittee, their agent or employee or any person connected or associated with the permittee as partner, director, officer, stockholder, general manager, or person who is exercising managerial authority of or on behalf of the permittee has:
1. 
Knowingly made any false, misleading or fraudulent statement of a material fact in an application for a permit, or in any report or record required to be filed with the police department; or
2. 
Violated any provision of this chapter or of any statute relating to his permitted activity; or
3. 
Failed to obtain a current, valid license to do business in the city; or
4. 
Been convicted of a felony or any crime involving theft or embezzlement; or
5. 
Committed any unlawful, false, fraudulent, deceptive or dangerous act or business practice while conducting a towing operation business; or
6. 
Published, uttered or disseminated any false, deceptive or misleading statements or advertisement in connection with the operation of the towing service; or
7. 
Violated any rule or regulation adopted by the city council relating to the permittee's business; or
8. 
Willfully failed to comply with the terms of any contract made as a part of the towing operation; or
9. 
Conducted the towing operation in a manner that would create a hazard to the peace, health, safety and general welfare of the public; or
10. 
The permittee, his agents or employees, solicited on any street, highway or other public thoroughfare the rendering of assistance to a person or disabled vehicle without first being requested to do so except to render emergency aid when there exists an imminent peril to life or property; or
11. 
The permittee, his agents or employees, towed a vehicle to a location other than that listed as the business address of such permittee without first receiving authorization to do so by the person authorizing the tow; or
12. 
The permittee, his agents or employees, after towing a vehicle to the business location of the permittee, towed without authorization, such vehicle to another location for storage; or
13. 
The permittee, his agents or employees, conspired with another person to defraud an owner of a vehicle, or an insurance company, or any other person or entity financially interested in the cost of the towing or storage of a vehicle, by making false or deceptive statements relating to the towing or storage of a vehicle; or
14. 
The permittee, his agents or employees, removed a vehicle involved in a collision prior to the arrival of police, and without authorization from the police; or
15. 
The permittee, his agents or employees, charged for services not performed, equipment not employed or used, services or equipment not needed, or have otherwise materially misstated the nature of any service performed or equipment used.
(Prior code § 5900.6; Ord. 2253 § 1, 1996)
The chief of police, or authorized representative shall notify the permittee of the chief of police's intent to suspend or revoke permittee's permit. Service of such notice shall be made personally or by certified mail to the address as listed on permittee's application for permit. The notice shall include a statement that the applicant may appeal such suspension or revocation to the city traffic commission by filing a written request for public hearing with the city clerk within fifteen business days if served by certified mail, or within ten working days after personal service, upon him/her of the notice of the intent to suspend or deny the permit. Failure to timely file a written request for a public hearing will constitute a waiver of his/her right of appeal.
(Ord. 2253 § 1, 1996)
A. 
Upon receipt of a request for hearing by a permittee, as provided in this chapter, the traffic commission shall notify the permittee by mail of the time and place of such hearing.
At the conclusion of such hearing, the traffic commission shall either:
1. 
Render a decision which will become effective immediately; or
2. 
Render a written decision which shall be furnished to the permittee by certified mail not less than five business days following the conclusion of the hearing. Such written decision shall become effective two working days after the date of mailing of the certified notice.
The decision of the traffic commission may be appealed to the city council, pursuant to the procedure contained in Section 5.64.090, and the permittee shall have the burden of proving that the decision rendered by the traffic commission was unreasonable, erroneous or a clear abuse of discretion. The decision of the city council shall be final.
(Ord. 2253 § 1, 1996)
When an application for a permit is denied for cause, no new application for a permit from the same person or business entity shall be accepted for one year after denial unless the applicant can show a material change in his situation which would justify the issuance of such permit. When the permit of any person or business entity is revoked for cause, no new application for a permit from the same person or business entity shall be accepted for one year after such revocation.
(Ord. 2253 § 1, 1996)
A. 
Before an application for a permit to operate a towing operation shall be received or acted upon, the applicant shall furnish the chief of police, or authorized representative, satisfactory evidence of insurance written by an insurance company admitted to do business in this state.
Liability insurance will be maintained at minimums set as follows:
1. 
For injury to any one person or death of any one person in any one accident or occurrence, one million dollars;
2. 
For injury to two or more persons or death of two or more persons in any one accident or occurrence, one million dollars;
3. 
For injury or destruction of property in any one accident, fifty thousand dollars;
4. 
All policies shall contain a provision for continuing liability thereunder up to the full amount of the coverage, notwithstanding any recovery thereon;
5. 
Such policy shall contain a provision or endorsement that said policy shall not be canceled and/or modified until notice in writing has been given to the city, addressed to the city Clerk, City Hall, Westminster, California, at least thirty days prior to the time such cancellation and/or modification shall become effective.
(Prior code §§ 5900.8, 5900.9; Ord. 2253 § 1, 1996)
A. 
Any person, corporation, or company conducting a towing operation business shall maintain a physical location from which said business is conducted. Such physical location shall provide an office with an adjacent yard for vehicle storage. Such location shall be approved by the chief of police, or authorized representative, prior to the permit being issued.
1. 
A law enforcement tow shall be conducted by a permittee whose business location is within the city of Westminster city limits.
2. 
Private property impounds removed from within the city limits will require the permittee to have and maintain storage facilities within a five radius of the city of Westminster boundaries.
(Prior code § 5900.1; Ord. 2253 § 1, 1996)
A permittee shall not attach a vehicle to a tow truck without first receiving written authorization to do so by the registered owner, legal owner, driver authorized to possess the vehicle, or other person in control of said vehicle. Such authorization shall list the services offered and the rates and charges required therefor. A copy of such authorization shall be furnished to the person authorizing the tow. Such copy shall list the name, address and telephone number of the towing operation business and the days and hours the business is open for release of vehicles. Such copy shall also be signed by the tow truck operator performing the authorized service. This section does not apply to towing operations as defined in Section 5.64.010 A, B and C.
(Ord. 2253 § 1, 1996)
A. 
Before authorizing a tow service to remove any illegally parked vehicle from private property, the owner, person in lawful possession or their authorized representative, of the private property shall notify the Westminster Police Department of:
1. 
The name, address and phone number of the person authorizing the removal of the illegally parked vehicle from private property.
2. 
The location of the private property from which the vehicle is to be removed, and the reason for its removal.
3. 
The name, address and telephone number of the towing company that will be removing the vehicle.
4. 
The license number, model, vehicle identification number and color of the vehicle to be removed.
5. 
Upon receipt of this information the police department will provide a report number for the "Private Property Impound," to the person reporting the tow. This number should be provided to the towing service that tows the illegally parked vehicle from the private party.
6. 
It is the responsibility of the permittee and/or their tow truck operator to ensure that the Westminster Police Department is notified of the removal of the private property impound, within one hour, of the time of tow, location of storage of towed vehicle, and verification of license and vehicle identification number of the towed vehicle.
(Ord. 2253 § 1, 1996)
A. 
When a towing service has requested that it be placed on the on-call list of the police department, said services shall at a minimum consist of the following:
1. 
The towing service shall maintain a twenty-four hour towing service.
2. 
The towing service shall provide prompt, adequate service within twenty minutes of being called.
3. 
At the direction of the police department, the towing service shall remove vehicles which are in violation of state, county and city laws or ordinances.
4. 
At the direction of the police department, the towing service shall remove abandoned or wrecked vehicles from the scene of an accident.
5. 
At the direction of the police department, the towing service shall remove vehicles from ditches, separate two or more vehicles and do any work necessary to perform a towing operation.
6. 
The tow operator shall remove debris from the scene of an accident and perform any other acts necessary to clean up the scene of an accident.
(Prior code 5900.3; Ord. 2253 § 1, 1996)
A permittee shall furnish an itemized statement to the person authorizing the tow service, or his agent. The itemized statement shall include a list of services performed, labor and special equipment used in completing tow of vehicle and of the charges assessed, for the specified services and/or equipment.
Such permittee shall furnish a copy of the statement to the person authorized to receive the statement without demanding payment as a condition for receiving the statement.
(Ord. 2253 § 1, 1996)
No permittee shall make any repairs or alterations to a vehicle without first being authorized by (a) the registered owner, (b) the legal owner, (c) the insurance agent of either (a) or (b), or (d) the authorized agent of any of the foregoing. Parts or accessories shall not be removed from the vehicle without authorization, from any persons listed above, except as necessary for security purposes. Under such circumstances, the parts or accessories removed shall be listed on the itemized statement and stored in a secure location. This section shall not be construed as prohibiting permittees from making emergency alterations necessary to permit the removal by towing of such vehicle.
(Ord. 2253 § 1, 1996)
Permittees shall, at a minimum provide for release of vehicles Monday through Friday from 8:00 a.m. to 5:00 p.m., excluding officially recognized holidays. Permittees shall additionally provide for release of vehicles on other days and hours, for police ordered towing services.
Upon application to the chief of police, or authorized representative, and a showing of hardship by the permittee, an adjustment in the days and hours during which vehicles may be released may be made.
Permittee shall comply with Section 22658.h of the California Vehicle Code, in the release and charge for a vehicle in a private property storage, when the vehicle owner or owner's agent contact the permittee and requests a vehicle's release prior to the vehicle being removed from the property.
(Ord. 2253 § 1, 1996)
A. 
Permittees shall maintain a sign listing the rates and charges for all services offered. Such sign shall be conspicuously placed in the office or other place where customer financial transactions take place.
B. 
All schedules of rates and charges for towing services, including, but not limited to the removal and storage of vehicles, performed for or on behalf of the city or which have occurred as a result of law enforcement activity or in the performance of duties of an official police garage shall not exceed the rates and charges approved and set by city council resolution and shall be uniformly applied to all operators.
C. 
Permittees shall file, with the police department, a schedule of rates and charges for each service offered. No charge other than the rates and charges specified in such schedule shall be made except as herein provided.
Proposals for changes in rates and charges shall be made by written recommendation of the traffic commission to the city council at a duly noticed public hearing and in accordance with the provisions of Section 10.12.090. City council shall, by resolution, adopt a rate and charges schedule and may amend such schedule as they deem necessary after review of any recommendation from the traffic commission.
(Prior code § 5900.12; Ord. 2253 § 1, 1996)
Every person directly engaged in the operation of a tow truck shall carry on their person at all times, while so engaged, a valid California drivers license, in the classification necessary for the vehicle they are operating.
(Ord. 2253 § 1, 1996)
A. 
When a towing operation for which a permit has been issued is sold or transferred to one of the transferees listed in this section, the chief of police, or authorized representative, may endorse a change of ownership on such permit upon written application by the transferee. Only the following transferees or successors shall be entitle to such transfer of permit.
1. 
Duly qualified representative of permittee regularly appointed by a court of competent jurisdiction, assignee for the benefit of creditors, and spouses and/or children of a deceased permittee.
2. 
The surviving partner or partners of a dissolved partnership.
3. 
A new partnership consisting of the members of a predecessor partnership, plus the spouse or spouses of any such members.
4. 
A new corporation organized and controlled by an individual permittee or unincorporated permittee for the purpose of acquiring, and which has acquired the assets of the tow operation previously owned and operated by such permittee.
5. 
Upon dissolution of a closely held corporation, the stockholders to whom the assets are distributed.
(Ord. 2253 § 1, 1996)
A transferee or successor entitled to a transfer of permit must file an application for such transfer with the chief of police within thirty days after he assumes control of the towing operation. The chief of police may require evidence of the transfer of ownership or control as is deemed necessary. A fee equal to twenty percent of the original fee for the permit shall accompany the application. All applicable regulations of this chapter shall apply to the successor.
(Ord. 2253 § 1, 1996)
The chief of police shall transfer the permit to an applicant entitled to such transfer if it is found that the transfer will not adversely affect the peace, health, safety, convenience and general welfare of the public and the transferee possesses the qualifications required of the original applicant.
(Ord. 2253 § 1, 1996)
Where no conflict exists with the city's zoning regulations or other provisions of this code, a change of location may be endorsed on a permit by the chief of police, or authorized representative, upon written application by a permittee, accompanied by a change of location fee in an amount as set by city council resolution.
(Ord. 2253 § 1, 1996)
Permits issued pursuant to the provisions of this chapter are valid for two years from date of issuance unless sooner revoked, suspended or canceled.
(Ord. 2253 § 1, 1996)
Permittee may apply for renewal of his/her permit upon natural expiration of said permit. Applications for renewal shall be subject to all provisions of this chapter.
(Ord. 2253 § 1, 1996)
The provisions of this chapter shall apply to all persons and businesses described herein whether established before or after the effective date of this chapter. Towing operations presently existing in the city shall have thirty days after the effective date of this chapter in which to comply with the provisions as stated.
(Ord. 2253 § 1, 1996)
Any person violating any provision of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine or not more than five hundred dollars or by imprisonment in the county jail for a period not to exceed six months, or by both such fine and imprisonment, and each such person shall be guilty of a separate offense for each and every day or portion thereof during which any violation of any or the provisions of this chapter is committed, continued, or permitted.
(Ord. 2253 § 1, 1996)