The provisions of this chapter shall apply to all persons and
businesses providing nonconsensual police-directed vehicle tow service
which is directed by the Huntington Beach Police Department whether
established before or after the effective date hereof.
(2445-7/80, 2789-9/85, 3330-6/96, 3481-1/01, 3503-10/01)
A.
As used
in this chapter, "towing operation" means the activity of towing and
storing of vehicles, and the performance of other services incident
thereto, for compensation within the City of Huntington Beach which
is directed by the Huntington Beach Police Department without the
consent of owner(s) of the vehicle at the direction of the Huntington
Beach Police Department. Such towing shall include:
B.
The
provisions of this chapter shall not apply to any towing operation:
1.
That
provides tow service exclusively to members of an association, automobile
club or similar organization, and receives remuneration only from
the sponsoring association, automobile club or similar organization;
2.
That
provides tow service without charge or fee for other vehicles owned
or operated by the individual or organization furnishing tow service;
3.
That
provides tow service for other vehicles owned or operated by the individual
or organization furnishing the tow service, but which are being operated
under terms of a rent or lease agreement or contract, and such towing
is performed on a nonprofit basis or said fee is a part of the rent
or lease agreement or contract;
4.
That
provides exclusively consensual, nonemergency towing assignments which
include towing of vehicles that have been involved in a collision,
but have been removed from the scene; that have experienced mechanical
failure, but have been removed from the roadway and no longer constitute
a hazard; or that, being mechanically operative, are towed for convenience.
All non-emergency towing assignments require authorization from the
registered owner, legal owner, driver, or other person in control
of such vehicle; and/or
5.
That
provides tow service without the implied or express consent or knowledge
of the owner(s) of the vehicle which is not directed by the Huntington
Beach Police Department, including but not limited to towing initiated
pursuant to California Vehicle Code Section 22658(a) [illegal parking
on private property] and Section 22953(b) [illegal parking within
15 feet of a fire hydrant, in a fire lane, or in a stall designated
for disabled person parking] and any similar or successor statutes.
(2445-7/80, 2789-9/85, 3330-6/96, 3481-1/01, 3503-10/01)
No person shall engage in, manage, conduct or operate a towing
operation as an official police impound garage and towing service
or perform a police-directed tow unless said person is either employed
by or under an agreement with the City to provide said services. The
City Council shall approve any such agreement or amendment thereto.
(2445-7/80, 2789-9/85, 3503-10/01)
The City shall select the persons or business(es) that provide
police impound garage and towing services pursuant to an open bidding
procedure. The selection procedure and standards shall provide at
a minimum that:
A.
No more
than three persons or business entities shall be awarded agreements.
B.
The
City shall use its best efforts to assign requests for towing services
on the 15th and last day of the month on a rotating schedule.
C.
The
tow operator shall be required to respond to the location specified
in a call for service within 20 minutes after notification at least
95% of the time.
D.
The
tow operator shall maintain a tow storage yard within the City limits.
E.
The
tow operator shall meet all insurance requirements as established
by resolution of the City Council, in addition to insurance requirements
as set forth in the agreement.
F.
The
agreement will be for a term of no more than five years subject to
an option for five additional years.
(3503-10/01)
A.
Rates
and charges for all tows and vehicle storage shall be established
by resolution of the City Council of the City of Huntington Beach.
Written notice of proposed changes shall be mailed to the affected
tow services a minimum of 45 days prior to the date set for City Council
approval by the Police Chief or his or her designee.
B.
No tow
or storage fee charged shall be higher than the fees authorized by
resolution of the City Council.
(3395-8/98, 3503-10/01)
Any person violating any provision of this chapter shall be
guilty of a misdemeanor and upon conviction thereof shall be punished
by a fine of not more than $500.00 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 of the provisions of this chapter is committed, continued,
or permitted.
(2445-7/80, 2789-9/85)
