means garage of an operator as defined herein.
means any person, firm, corporation or association or any
combination of the foregoing, licensed by contract with the City to
tow and to store vehicles as provided for in this chapter.
(Prior code § 10-082.1)
Any police officer, officer, or parking enforcement officer
is hereby authorized to remove or cause the removal of a vehicle from
a street, highway, municipal off-street parking lot, privately owned
parking lot or any other public property:
A.
When
such vehicle has been parked or left standing upon a highway for 72
or more consecutive hours; or
B.
When
the use of a street or highway or portion thereof is necessary for
the cleaning, repair or construction of the street or highway or for
the installation of underground utilities, and the vehicle is parked
or left standing upon such highway or portion thereof, and signs,
giving notice that such vehicle may be removed, are erected or placed
at least 24 hours prior to removal, which signs must be in sufficient
number and location to give adequate and reasonable notice; or
C.
Where
the use of a street or highway is authorized by the Chief of Police
for a purpose other than the normal flow of traffic; or for the movement
of equipment, articles or structures of unusual size, and the parking
of such vehicle would prohibit or interfere with such use or movement
and signs, giving notice that such vehicle may be removed, are erected
or placed at least 24 hours prior to removal, which signs must be
in sufficient number and location to give adequate and reasonable
notice; or
D.
When
such vehicle has been left standing or parked within any area designated
by the City Manager as a tow away zone and posted as such during the
hours in which parking is prohibited; or
F.
When
such vehicle is parked in the space or stall or next to a curb designated
for disabled persons and does not display a placard or license plate
issued for physically handicapped persons and there is posted immediately
adjacent to and visible from such stall or space or curb a sign, not
less than 17 inches by 22 inches in size, with lettering not less
than one inch in height, stating the following: "UNAUTHORIZED VEHICLES
NOT DISPLAYING DISTINGUISHING PLACARDS OR LICENSE PLATE ISSUED FOR
PHYSICALLY HANDICAPPED PERSONS WILL BE TOWED AWAY AT OWNER'S EXPENSE"
said sign shall include the telephone number for the Stockton Police
Department.
(Prior code § 10-080.2; Ord. 2015-07-21-1201 C.S. § 3)
Whenever a police officer, officer, or parking enforcement officer
causes the removal of a vehicle from the places herein authorized,
and the police officer, officer, or parking enforcement officer knows,
or is able to ascertain from the registration records of the Department
of Motor Vehicles, the name and address of the owner thereof, such
police officer, officer, or parking enforcement officer shall immediately
give, or cause to be given, notice in writing to such owner of the
fact of such removal, the grounds thereof, and of the place to which
such vehicle has been removed. A copy of such notice shall be given
to the operator of the garage wherein the vehicle is stored. When
the police officer, officer, or parking enforcement officer removing
a vehicle from the places herein provided, does not know and is not
able to ascertain the name of the owner, or for any other reason is
unable to give notice to the owner, as hereinbefore provided, and
in the event the vehicle is not returned to the owner within a period
of 120 hours, then and in that event the police officer, officer,
or parking enforcement officer shall immediately send, or cause to
be sent, written report of such removal, by mail, to the Department
of Motor Vehicles at Sacramento, and shall file a copy of such notice
with the operator of the garage in which the vehicle may be stored.
Such report shall include a complete description of the vehicle, the
date, time and place from which removed, the grounds for such removal
and the name of the garage where the vehicle is stored.
(Prior code § 10-080.3; Ord. 2015-07-21-1201 C.S. § 3)
The City shall enter into a contract on behalf of the City of
Stockton with an operator which contract shall provide that the said
operator shall agree to tow and to store vehicles which are ordered
removed from the highway and other places by police officers, officers,
or parking enforcement officers, pursuant to this chapter, and the
laws of the State, and shall further agree to charge the owner of
the vehicle so removed a fee which shall not be in excess of that
agreed upon in said contract.
(Prior code § 10-080.5; Ord. 2015-07-21-1201 C.S. § 3)
Every operator to whom a contract is awarded for said towing
shall, upon the execution of such contract, file with the Director
of Finance of the City a bond, approved by the City Attorney, in such
amount as may be determined by the City Manager. Said bond shall be
conditioned that the principal will indemnify any and all persons,
firms or corporations, including the City, for any loss sustained
by any unlawful or unauthorized damage to the vehicle which is removed
or stored by the said operator, pursuant to the provisions of this
chapter.
(Prior code § 10-080.9)
A copy of such contract and a schedule of the fees authorized
shall be maintained in a conspicuous place in the garage and filed
in the office of the City Clerk.
(Prior code § 10-080.10)
No vehicle shall be removed from the highway or other place
under the provisions of this chapter except upon the order of a police
officer, officer, or parking enforcement officer acting in accordance
with law; provided, however, that a police officer, officer, or parking
enforcement officer may, when so requested by the owner or operator
of a motor vehicle that is inoperative on or off the highway or other
place, but not in violation of law, transmit said owner's or operator's
request for tow car services to the operator designated by the City
Council, and in such case the fee schedule provided for in the contract
shall apply.
(Prior code § 10-080.11; Ord. 2015-07-21-1201 C.S. § 3)
A police officer, officer, or parking enforcement officer may call for the tow-car services of an automobile owner's association or club when the police officer, officer, or parking enforcement officer has reason to believe the person owning a vehicle that requires tow services has a contractual agreement for such services with such automobile association or club and such association or club will abide by the rules and regulations established under Section 10.16.100.
(Prior code § 10-080.11.1; Ord. 2015-07-21-1201 C.S. § 3)
It is unlawful for the operator to charge the owner of a vehicle
so removed, fees in excess of those authorized by the contract entered
into between the City and the operator, pursuant to this chapter.
(Prior code § 10-080.12)
The City Manager is hereby authorized, directed and empowered
to prepare and promulgate such rules and regulations and revisions
and amendments thereof, as may be necessary to carry out the express
intent of this chapter, provided, however, that no such rules or regulations
shall be contrary to the provisions of this chapter. Said rules and
regulations shall be published once in the official newspaper of the
City and shall become effective at 12:00 midnight the day they are
so published. Copy of said rules and regulations shall be filed in
the office of the City Clerk and shall be posted in a conspicuous
place in the official garage or garages.
(Prior code § 10-080.13)
Nothing contained herein shall be deemed to prohibit, limit
or restrict the use or operation of towing equipment or storage facilities
by City agencies.
(Prior code § 10-080.14)
The registered owner of the removed and impounded vehicle, or authorized agent, may recover said vehicle upon payment to the operator of the fees and charges specified by the City pursuant to Section 10.48.040.
(Prior code § 10.081.1)
The registered owner or other person in lawful possession thereof
may contest the validity of the removal and impound, pursuant to this
chapter, of said vehicle by appearing in the Stockton Municipal Court
Clerk's Office between the hours of 8:15 a.m. and 12:00 p.m. demanding
a hearing on the violation which necessitated the removal and impound.
Said hearing shall be held, unless waived by the defendant, no later
than the next court day following the defendant's demand for a hearing.
(Prior code § 10-081.2)
If the defendant is found guilty, all towing and storage fees as established by the City pursuant to Section 10.16.040, must be paid to the operator by the registered owner or authorized agent to recover the vehicle.
(Prior code § 10-081.3)
If the defendant is found not guilty or the citation dismissed,
the Clerk of the Court shall forthwith give the defendant evidence
of the Judge or Traffic Referee's decision. The defendant shall forward
said evidence to the towing operator who shall cause the release of
the vehicle to the registered owner or authorized agent without charge;
or, if the fees have been previously been paid cause said fees to
be reimbursed to the registered owner.
(Prior code § 10-81.4)
If the registered owner or authorized agent fail to reclaim
the vehicle within 24 hours of the decision of the court, said owner
shall be liable for all fees for storage from the date of the hearing
until the date of reclaiming the vehicle.
(Prior code § 10-081.5)
Any vehicle ordered removed and impounded pursuant to this chapter shall be issued a citation by the impounding officer. Any such citation shall be retained by the towing operator who shall deliver said citation together with a copy of the notice specified in Section 10.16.180 to the registered owner or other person in lawful possession upon such person's appearance and request for recovery of the impounded vehicle at the towing operator's place of business.
(Prior code § 10-081.6)
The following notice printed in 48-point bold type shall be
posted in all places to which members of the public come to recover
removed vehicles.
|
ATTENTION OWNERS OF TOWED
VEHICLES HAVE THE FOLLOWING
OPTIONS:
| |
|
1)
|
You may pay the towing fee, redeem your vehicle and assert whatever
claim you have against the City; or
|
|
2)
|
You may demand a hearing on this citation giving rise to the
removal of your vehicle. Said hearing must be held no later than the
next court date following your demand.
|
|
In the event the municipal court dismisses the citation, you
may recover your vehicle, without liability for the towing fee and
storage charges. You may request a hearing by appearing in the Stockton
Municipal Court Clerk's Office, Traffic Division, 712 East Weber Avenue
(County Courthouse, Stockton, California).
| |
|
If you fail to reclaim said vehicle within 24 hours of the decision
of dismissal by the judge or traffic referee, you shall be liable
to pay all storage charges accumulating from the date of the hearing
until the date of reclaiming the vehicle.
| |
(Prior code § 10-081.7)
A.
Each
operator shall carry on the towing vehicle and have available at all
times either a one five gallon can of dry sand or a one five gallon
can of "grease sweep" and shall spread sand or "grease sweep" upon
that portion of the roadway where oil, grease or other material has
been deposited as a result of an accident or as a result of a disabled
vehicle which is being towed. "Grease sweep" is defined as any porous
material capable of absorbing grease, oil or other liquid material.
B.
Any
operator who violates this section shall be guilty of an infraction.
(Prior code § 10-081.8)
It is unlawful for any person to drive or operate any towing
vehicle described in California Vehicle Code Section 615(a) and regulated
herein without first obtaining a permit in writing to do so from the
Chief of Police of the City.
(Prior code § 10-082.1)
It is unlawful for any operator to allow or permit any driver
to operate or drive within the City a towing vehicle owned or under
the control of said operator unless said driver has a valid permit
issued to said driver pursuant to this title.
(Prior code § 10-082.2)
Application for tow vehicle driver's permits shall be filed
with the Chief of Police upon forms to be furnished by the City.
(Prior code § 10-082.3)
Before the Chief of Police shall accept and process an application
for a tow vehicle driver's permit, the applicant shall pay an application
fee to the Director of Finance of the City in an amount as may be
fixed or established from time to time by resolution of the City Council.
(Prior code § 10-082.4)
Before the Chief of Police shall issue a tow vehicle driver's
permit, the Chief of Police shall cause an investigation to be made
in order to determine the applicant's qualifications and fitness to
be a tow vehicle driver.
(Prior code § 10-082.5)
In order that the Chief of Police may investigate the applicant's
qualifications and fitness to be a tow vehicle driver, every applicant
for a tow vehicle driver's permit shall be photographed and fingerprinted.
The applicant shall pay a fee to defray the costs of said photography
and fingerprinting in an amount as may be fixed or established from
time to time by resolution of the City Council.
(Prior code § 10-082.6)
A tow vehicle driver's permit shall not be issued to any of
the following persons:
A.
Any
person under the age of 18 years.
B.
Any
person who is not of good moral character as reasonably determined
by the Chief of Police, which shall include, but not be limited to,
consideration of any conviction for trafficking in or unlawful use
of narcotics, regardless of whether the record of conviction has been
expunged.
C.
Any
person who has been convicted of a felony until the expiration of
five years from termination of confinement, parole, and/or probation.
D.
Any
person who has been convicted of driving a vehicle recklessly or while
under the influence of intoxicants until the expiration of five years
from termination of confinement and/or probation.
E.
Any
person not possessing a valid driver's license issued by the State
permitting said person to drive a tow vehicle.
F.
Any
person who has not been a continuous resident of the County of San
Joaquin for at least 30 days immediately preceding the date of said
person's application.
G.
Any
person convicted of a crime involving moral turpitude regardless of
whether the record of conviction has been expunged.
H.
Any
person convicted of a weapons violation until the expiration of five
years from termination of confinement, parole, and/or probation, whichever
is later.
I.
Any
person who would be denied and/or have revoked a State tow truck driver
certificate pursuant to Section 13377 of the Vehicle Code of the State,
and any amendments thereto.
J.
Any
person who provided false, incomplete, or materially misrepresented
information on the application for a tow vehicle driver's permit.
K.
Any
person who has failed to pay all fees required pursuant to the title.
(Prior code § 10-082.7; Ord. 2018-12-04-1111 C.S. § 1)
A.
Upon
completion of the investigation, if the Chief of Police finds that
the applicant meets the minimum standards established by this chapter
and is a fit and proper person to be a tow vehicle driver in the City,
the Chief of Police shall issue or cause to be issued to said applicant
a tow vehicle driver's permit. Said permit shall be valid, unless
suspended or revoked, for a period of one year from the date of issuance.
B.
While said investigation is in progress, and provided a preliminary check of locally available records reveals no grounds for refusal under Section 10.16.290, the Chief of Police shall issue or cause to be issued a temporary permit valid for a maximum of 90 days and renewable once, at the request of the applicant, for an additional 90 days. If any ground for refusal, denial, revocation, or suspension of a permit is revealed within the 90-day period, or extension thereof, the temporary permit authorized by this section may be revoked immediately by the Chief of Police and the permittee shall be entitled to a hearing as provided in Section 10.16.300.
(Prior code § 10-082.8)
Upon completion of the investigation, if the Chief of Police
finds the applicant does not meet the minimum standards established
by this chapter to be a tow vehicle driver, the Chief of Police shall
refuse to issue a tow vehicle driver's permit to the applicant.
(Prior code § 10-082.9)
The Chief of Police may revoke, suspend, or refuse to issue
a new tow vehicle driver's permit if the driver or applicant has since
the granting of the original or renewed permit:
A.
Been
convicted of a felony or a crime involving moral turpitude; using,
possessing, selling, or transporting narcotics; or imparting information
for obtaining narcotics.
B.
Been
convicted of driving recklessly or while under the influence of liquor
or narcotics.
C.
Had
the State driver's license revoked or suspended.
D.
Been
convicted of any of the offenses set forth in Sections 20001, 20002a,
22348, 22349, 22350, 22351, 23103, 23104, 23109, 23152 and/or 23153
of the Vehicle Code of the State and amendments thereto, or any combination
of either or any of said offenses.
E.
Been
convicted within a one year period of three or more moving violations,
other than those specified in subsection (d) of the Vehicle Code of
the State of California.
F.
When
for any reason, whether specifically set forth herein or not, after
due investigation, the Chief of Police finds that the applicant is
an unfit person to drive a tow vehicle.
(Prior code § 10-082.10)
Denial or revocation of a tow vehicle driver's permit shall
be made only after a hearing granted to the holder of such permit
before the Chief of Police, after five days' notice to said permit
holder, setting forth the grounds of the complaint against said permit
holder and stating the time and place where such hearing will be held.
Upon revocation of any permit, such permit shall be forthwith surrendered
to the Chief of Police. The decision of the Chief of Police in revoking
the permit shall be final and conclusive.
(Prior code § 10-082.11)
The decision of the Chief of Police of the City as to the fitness
or unfitness of the applicant, either before or after the issuance
of a tow vehicle driver's permit, shall be final and there shall be
no appeal therefrom.
(Prior code § 10-082.12)
A.
It
is unlawful for any driver to operate or be in charge of any towing
vehicle governed or affected by this chapter to fail, at all times
while operating or in charge of such vehicle, to have in his or her
immediate possession the driver's permit required, pursuant this chapter,
to be secured from the Chief of Police. It is also unlawful for any
driver operating or in charge of any vehicle governed or affected
by this chapter to use, for the purpose of operating such vehicle,
a driver's permit issued to another person.
B.
It
is unlawful for any driver to operate any towing vehicle governed
or affected by this chapter to fail to wear a uniform of the type
approved by the Chief of Police.
C.
All
drivers who operate any towing vehicle governed or affected by this
chapter shall, at all times while on duty, keep themselves physically
clean and neat in appearance. Any failure to comply with this section
shall be unlawful.
(Prior code § 10-082.13)
Any person who holds a valid tow vehicle driver's permit may
obtain a new permit for the succeeding year by applying for said new
permit during the month preceding the expiration date of the current
permit. Cost of said new permit shall be an amount as fixed and established
from time to time by resolution of the City Council.
(Prior code § 10-082.14)
If the holder of a tow vehicle driver's permit fails to renew
said permit prior to the expiration date of the current permit, the
tow vehicle driver's permit shall cease to be valid and the permittee
must make application for a new tow vehicle driver's permit as provided
above.
(Prior code § 10-082.15)
On or before the first day of January and the first day of June,
each year, every operator who has employed any person or persons as
a tow vehicle driver or drivers shall furnish the Chief of Police
of the City with the names of every person employed by such person,
firm, or corporation as a tow vehicle driver during the preceding
six month period.
(Prior code § 10-082.16)
