The purpose of this chapter is to establish basic requirements for the operation of any towing services in the city in responding to police emergency situations and in the removal of vehicles which are authorized to be towed at the request of the city pursuant to applicable law (e.g., because apparently abandoned, improperly parked, or stopped on public property, involved in an accident, or constituting an obstruction to traffic because of mechanical failure). In enacting this chapter, it is the intent of the city council to provide a fair and impartial means for distributing requests for such towing services among qualified towing firms and to insure that costs for such service are fair to the public, the towing company, and the city.
(Ord. 2066 § 1, 2009)
For the purpose of carrying out this chapter, the following words, phrases and terms shall be deemed to have the meaning ascribed in this section.
"Agreement"
shall mean the contract between the city and the tow company.
"Chief of police"
means the chief of the Monterey Park police department. The chief of police may designate duties under this chapter other than the duty to approve the tow service policy.
"City"
shall mean the city of Monterey Park.
"Consensual tow"
shall mean either: (1) a call for towing service which is initiated by a police department employee for the purpose of removing a vehicle which has been involved in a collision where the owner or driver has not specified a tow company or garage; or (2) a call for towing service which is initiated by a police department employee at the request of the driver of a disabled vehicle and the towing service or garage is unspecified and the tow is not made pursuant to the California Vehicle Code.
"Non-consensual tow"
shall mean a call for towing service which is initiated by a police department employee for the purpose of storing or impounding a vehicle, pursuant to the California Vehicle Code.
"Personal property"
shall mean any item in, on, or within a vehicle which is impounded or stored by a tow company pursuant to direction of the police department, but which is not affixed to the vehicle.
"Police department"
shall mean the police department of the city of Monterey Park.
"Service call"
shall mean a call for clean up service which is initiated by a police department employee for the purpose of removing fluids or solid materials, including, but not limited to, a vehicle, from the highway, including sidewalk and parkway, at the scene of a collision.
"Tow company"
shall mean that business or entity providing towing services pursuant to an agreement with the city which has been approved by the city council.
"Tow service"
shall mean any and all services provided by a tow company under an agreement.
"Tow service policy"
shall mean those guidelines and requirements established by the chief of police to regulate tow service. The tow service policy may be amended from time to time, provided, however, that the city shall give the tow company not less than thirty days prior written notice of any change in tow service policy.
(Ord. 2066 § 1, 2009)
(a) 
The city may enter into an agreement with one or more entities which provide towing service. Any such entity must have a storage facility which complies with the provisions of this chapter and the tow service policy located either within the city or within two miles of the boundaries of the city of Monterey Park. If the city enters into more than one agreement, there shall be no direct business tie between the tow companies subject to the agreements, whether through ownership of the business, ownership of the equipment, joint insurance policies, or otherwise. Notwithstanding the foregoing, storage facilities may be shared by tow companies, provided the space in a storage facility is paid for by each of the companies on the basis of size, rather than by number of vehicles and the storage facilities are separated by conditions or barriers approved in advance by the police department.
(b) 
Any agreement entered into pursuant to the provisions of this chapter shall require the tow service to comply with all applicable state and federal statutes, rules and regulations, all requirements of this chapter, and the tow service policy.
(c) 
Unless waived by the city council for good cause, the city will not enter into an agreement with a tow company unless that tow company has provided towing service, in California, during the immediate twenty-four months prior to the effective date of the agreement.
(d) 
No tow company may transfer or assign its agreement with the city without the express written consent of the city council.
(e) 
If the city contracts with more than one tow company, the tow companies shall be placed on a "rotation list" in an initial order to be determined by the chief of police. The rotation period (e.g., every other call, or over some specified time period) shall be established by the police chief as he or she determines is required for the public health, safety and welfare. Notice of any change in the adopted rotation period shall be provided not less than ten days prior thereto to each tow company. Rotation of tow services shall be performed as follows;
(1) 
The tow company at the top of the order on the rotation list shall have preference to tow all vehicles from a specific scene, provided that the tow company responds to the service call with all equipment needed to accomplish the necessary tow service within the response time specified in this chapter.
(2) 
Whenever a tow company cannot respond to a service call with all equipment needed to accomplish all tow service required at a specific scene within the response time specified in this chapter, the next tow company on the rotation list shall be called to provide tow service to the remaining vehicle(s).
(3) 
In the event of an error (as determined by the chief of police) resulting in a tow company not being called during its proper rotation, the chief of police may authorize that company to be given an equal number of calls during the next rotation period when that company would otherwise be off the rotation.
(4) 
Whenever a tow company cannot, for any reason, respond to a service call with any equipment needed to accomplish the requested tow service within the response time specified in this chapter, that tow company shall be passed over and the next tow company on the rotation list shall be called. The tow company passed over shall become eligible to provide tow service again at its next turn in rotation.
(5) 
Notwithstanding the foregoing, whenever a police department employee determines that an emergency exists because a tow company is unable, for any reason, to provide adequate tow service, the police department employee shall have the right to have such duties performed by any other means available.
(f) 
The following shall not be considered "rotation" calls:
(1) 
Whenever the driver or owner of a disabled ("consensual tow") vehicle specifies a particular club, association or towing entity to be called to provide service, provided the specified entity states that it can respond within thirty minutes of the call.
(2) 
Whenever a towing entity is called to tow a city police vehicle.
(g) 
If the city enters into more than one agreement, a tow company shall not respond to any police department call assigned to another tow company unless requested to do so by the police department. Police requests for tow service and the reason for the cancellation of a tow company for service shall be documented in the police department CAD/RMS system.
(h) 
Each agreement may provide for payment by the tow company to the city in the amount established by the city council provided that the payment amount shall not exceed that amount necessary to reimburse the city for its actual and reasonable costs incurred in connection with the towing program which are not otherwise reimbursed through the city's release fee.
(Ord. 2066 § 1, 2009)
(a) 
The tow company shall provide tow service twenty-four hours per day, seven days per week. The towing company shall maintain at all times all services necessary to fulfill this requirement, including, but not limited to, the following:
(1) 
At least one driver on-duty;
(2) 
At least one driver on stand-by;
(3) 
Dispatching capability; and
(4) 
An office staffed to the extent that employees can release vehicles, file and maintain documents, and answer questions from the public both in person and on the phone.
(b) 
The tow company's business office shall be open Monday through Friday, from eight a.m. to five p.m. The tow company's business office may be closed on those holidays which are recognized by the city, provided that a notice of such closure is posted in the tow company's business office at least thirty days in advance.
(Ord. 2066 § 1, 2009)
The service area for the towing services under an agreement shall include the entire city limits of the city of Monterey Park and any area outside the city where police department personnel require towing services.
(Ord. 2066 § 1, 2009)
The tow company shall have a current business license issued by the city. The business license shall be posted in the tow company's business office.
(Ord. 2066 § 1, 2009)
A tow company called for service shall respond to the designated site within fifteen minutes from the time of the service call, provided, however, that the service call specifies that a big rig tow vehicle is required, the response time may be up to forty-five minutes from the time of the service call.
(Ord. 2066 § 1, 2009)
(a) 
Upon arrival at the location where service was requested, the tow company driver shall, without undue delay, safely move vehicles to a location where they do not impede or obstruct traffic.
(b) 
The tow company driver shall remove any debris and fluids (except clear water) on the ground originating from the vehicle, including but not limited to oil and diesel fuel, but excluding debris or fluids originating from cargo carried by the vehicle. Hazardous material spills and debris shall be handled by the Monterey Park fire department or the fire department's designated clean-up service contractor. The tow company shall release used (contaminated) absorbent only to a business licensed to dispose/treat the used absorbent. In removing and disposing of debris and fluids, all state and federal laws and regulations shall be followed, including, but not limited to, all applicable regulations of the Southern California Air Quality Management District.
(c) 
Notwithstanding the foregoing, tow drivers shall not enter into a closed roadway or closed accident/crime scene (i.e., cones, flares, barricades, crime scene tape, or vehicles blocking roadway) until directed to do so by police personnel at the scene.
(d) 
In the performance of its duties under this chapter, a tow company shall not discriminate against any member of the public, employee, subcontractor, or applicant for employment because of race, color, religion, ancestry, sex, national origin, disability, sexual orientation, or age.
(Ord. 2066 § 1, 2009)
(a) 
The tow company shall ensure that only qualified and competent tow drivers respond to calls initiated by the police department. Tow truck drivers shall have the necessary knowledge and training to effectively operate the tow truck and its equipment, to properly clean a site as required by this chapter, and to unlock locked vehicles when so requested by the police department. Tow drivers shall meet all requirements of the California Vehicle Code and, in addition, shall have those licenses and certifications designated in the tow service policy.
(b) 
Tow companies shall not employ tow truck drivers with poor driving records. To do so knowingly or negligently will be grounds for suspension or termination of the agreement. No driver may be employed who meets the definition of a negligent operator under the California Vehicle Code.
(c) 
The tow company shall provide the police department with a list of drivers which shall contain such information and be in such form as is required by the tow service policy. The tow company shall provide an updated list to the police department containing all information required by the tow service policy within five days of any personnel changes. False or misleading information shall be cause for termination of the agreement.
(d) 
The police department shall conduct a background investigation check of each driver designated by the tow company to perform tow services under the agreement. Tow truck drivers shall present themselves to the police department for the purpose of being fingerprinted, if requested to do so by the police department.
(e) 
The tow company shall furnish each of its employees with a distinctive company uniform. Each uniform shall have the firm name, as well as the employee's name, in a conspicuous place. Each employee shall have sufficient uniforms so as to maintain a neat, clean appearance at all times. Minimum requirements for uniforms include a shirt and pants.
(Ord. 2066 § 1, 2009)
(a) 
The tow company shall provide facilities for the storage of vehicles and personal property which meet all requirements of this chapter and the tow service policy, including, but not limited to, a secure evidence hold area. The location of such facilities shall be designated in any application for an agreement under this chapter, and they shall be subject to inspection and approval by the chief of police prior to the approval of an agreement. No secondary storage area can be used without the prior written approval of the chief of police. Prior to utilizing any new storage facility that was not listed on the application; the tow company shall obtain the written approval of the chief of police.
(b) 
Only tow company employees and law enforcement employees shall have access to any open storage area, provided, however, that members of the public shall have limited access to the open storage area after receiving police department permission, when escorted by a tow company employee or law enforcement officer, for the purpose of removing personal property from a stored or impounded vehicle, or if brought to the location by a law enforcement officer for investigative purposes.
(c) 
The towing company shall be held accountable for all personal property together with the vehicle, and any accessories affixed to the vehicle, stored within its storage facility. The city and its officers, agents, and employees shall be relieved of all responsibility for such items.
(d) 
No vehicle impounded or stored at the direction of the police department shall be released without written approval from the police department. Vehicles with "evidence holds" will not be touched, moved, or tampered with in any manner without the police department's written consent.
(e) 
The tow company shall notify the police department prior to the removal of personal property from a vehicle and will provide a receipt therefor, with a copy placed in the stored vehicle, and a copy forwarded to the police department traffic bureau. The receipt will include the police department report number. Any such removed property will be placed in a locked storage unit which is consistent with the requirements of the tow service policy. No personal property will be released from any vehicle which has been impounded or stored at the direction of the police department without prior written approval from the police department.
(f) 
The tow service policy shall provide for all rules and regulations relating to the storage of evidence, whether a vehicle or personal property.
(Ord. 2066 § 1, 2009)
(a) 
All rates charged by the tow company for tow services provided under the agreement, whether a consensual or non-consensual tow, shall be as approved by the city council, provided, however, that tow rates shall not exceed the rates established by the California Highway Patrol, East Los Angeles Area Tow Service Agreement. Notwithstanding the foregoing, if a fluid spill (except clear water) from a vehicle which requires a tow company to use an absorbent material was caused by the negligence of the vehicle owner, the tow company may charge an additional clean-up fee equal to the actual cost of the clean-up service provided by the tow company.
(b) 
Tow and storage rates shall be posted conspicuously in public view, in accordance with California Civil Code Section 3070, at the tow company's business office.
(c) 
Except as otherwise provided by state law or this chapter, the tow company shall bill the registered owner of the vehicle towed or stored for such charges.
(d) 
The tow company shall conduct all lien sales pursuant to the applicable California Vehicle Code sections.
(e) 
The following requirements apply to charges for "evidence hold" vehicles:
(1) 
The initial towing fee shall be the responsibility of the owner of the vehicle.
(2) 
No storage fees will be billed to the city of Monterey Park for evidence hold vehicles.
(3) 
All such vehicles shall be released from evidence as soon as practicable with formal notification being made to the operator as to the effective date of release. Any storage charges incurred after such effective date shall be the responsibility of the vehicle's owner.
(4) 
Whenever a vehicle is held for evidence, the tow company shall contact the police department on the third calendar day of storage to confirm its status. Notification will be made to an on-duty watch commander who will forward the request to the appropriate division or bureau. If a consensual hook-up or service has begun and is canceled by the vehicle owner or the vehicle owner's agent, or if a non-consensual hook-up or service has begun and is canceled by the police department the charge shall be one-half of the regular towing charge.
(g) 
If a tow initiated by the police department is determined to be inappropriate, fees incurred by the vehicle owner shall be the responsibility of the city. The vehicle owner must apply to the city for a refund of such fees within ten days after making payment therefor. The police department shall investigate the matter, and determine within twenty days whether a refund shall be made. The chief of police shall make the determination, which shall be final and not appealable.
(Ord. 2066 § 1, 2009)
(a) 
The tow company shall provide such trucks and equipment as are specified in the tow service policy. All trucks and equipment shall be maintained in good working condition, consistent with industry standards and practices, and in full and complete compliance with the California Vehicle Code throughout the term of the agreement.
(b) 
All tow trucks utilized under the agreement shall clearly display, in contrasting colors, the name of the tow company, its address, its telephone number and the truck number. Tow trucks shall not display the words "Official Police Tow" or words to that effect without prior written approval from the police department.
(Ord. 2066 § 1, 2009)
(a) 
Inspections of the tow company's facilities, vehicles and equipment will be conducted as set forth in the tow service policy. Any facility, vehicle or equipment found to be in violation of the requirements of any federal or state law, rule, or regulation, this chapter, or the tow service policy shall be repaired or replaced and inspected by the police department prior to returning to service.
(b) 
Failure of a tow company to correct any deficiency or equipment violation may result in the agreement being suspended or terminated pursuant to the procedures set forth in Section 5.84.150 of this chapter.
(Ord. 2066 § 1, 2009)
(a) 
Complaints against a city contracted tow company may be filed with the city for allegations of improper action, including, but not limited to:
(1) 
Discourteous service;
(2) 
Unethical business practices;
(3) 
Unsafe or improper handling of stored or impounded vehicles;
(4) 
Over-charging for services;
(5) 
Excessive delay in responding to calls;
(6) 
Unsafe towing equipment;
(7) 
Violation of state law;
(8) 
Violations of city ordinances;
(9) 
Deficient facility security;
(10) 
Deficient facility storage conditions;
(11) 
Failure to comply with tow service policy;
(12) 
Failure to perform according to the agreement;
(13) 
Failure to keep required records.
(b) 
The tow service policy shall establish a procedure for the investigation of any complaint.
(Ord. 2066 § 1, 2009)
(a) 
Complaints which are verified may lead to suspension or termination of the agreement. If a complaint is determined to be sustained, and the circumstances or prior record show cause for a suspension or termination of the tow company's service, the information shall be forwarded to the chief of police who shall review the investigation, determine the course of action, and forward that decision as a recommendation to the city manager.
(b) 
The city manager's determination shall be in writing and shall be sent to the tow company.
(c) 
The tow company may appeal a determination of the city manager to suspend or terminate the agreement by filing a written request for a hearing with the police department traffic bureau within seven calendar days after the date of the notice of such determination.
(d) 
Upon receipt of a request for hearing, the chief of police will set a hearing date. The tow company will be given not less than ten days' notice of the date, time, and place of the hearing. The hearing date may take place at an earlier date, if all parties agree. At the time the request for hearing is filed, the tow company shall advise the city if it intends to have legal counsel present at the hearing, so that the city may coordinate with the city attorney's office.
(e) 
The decision of the chief of police following hearing shall be final.
(Ord. 2066 § 1, 2009)