It is the intent of this chapter to prescribe the basic regulations for the operation of police initiated "towing services" to remove illegally parked vehicles, remove vehicles that are apparently abandoned, wrecked, dismantled, or inoperative that constitute a public nuisance, remove vehicles needed for safekeeping or evidentiary purposes, and to remove vehicles involved in an accident or that constitute an obstruction to traffic because of mechanical failure. It is the purpose of the City Council to provide a fair and impartial means of distributing requests for towing services among qualified firms and to ensure that such service is prompt and reasonably priced, and in the best interest of the public as well as the best interest of efficient police operations. Nothing in this chapter shall prohibit or otherwise restrict owners or operators of a vehicle from selecting and calling a towing vehicle of their own choice.
(Prior code § 14-14-1)
"Chief"
means the Woodland Police Chief or designee.
"Department"
means the City Police Department.
"Eligibility list"
means the City's list of towing operators who have filed an application to participate in the rotation list and who the Police Chief has determined to be qualified to participate in the rotation list.
"Rotation list"
means the City's list of towing operators who have been selected from the eligibility list to be used by the department for the purpose of providing tow truck service in accordance with the provisions of this chapter.
"Rules and specifications"
means the City's rules and specifications for towing services, drivers, and vehicle storage facilities, which shall be promulgated by the Police Chief pursuant to Section 10.16.030.
"Tow" or "towing"
means the act of moving damaged or disabled vehicles, illegally parked vehicles, vehicles that be moved for safekeeping and evidentiary purposes, and abandoned, wrecked, dismantled, or inoperative vehicles constituting a nuisance.
"Towing driver"
means a trained and/or qualified individual responsible for the operation of a tow car or tow truck.
"Towing operator"
means a towing company with a valid City business license selected by the Police Chief and to be used by the Police Department on call, on a rotation basis, and engaged in the business of towing and storing vehicles in the City at the direction of the Police Chief.
"Tow truck"
means a motor vehicle that has been altered or designed and equipped for and exclusively used in the business of towing vehicles by means of a crane, tow bar, tow line, dolly, or rollback carrier or is otherwise used to render emergency assistance to disabled and other vehicles.
(Prior code § 14-14-2)
A. 
The Police Chief shall promulgate written rules and specifications governing the provision of towing services, the qualifications and conduct of drivers, and the requirements for vehicle storage facilities. The rules and specifications may be modified from time to time as deemed appropriate by the Police Chief. All towing services provided pursuant to the rotation list shall be subject to the requirements set forth in the rules and specifications.
B. 
The rules and specifications shall include, but not be limited to, provisions requiring that all towing operators participating in the rotation list do the following:
1. 
Obtain a City business license;
2. 
Enter into a towing services agreement with the City;
3. 
Abide by the provisions of this chapter and the rules and specifications promulgated by the Police Chief;
4. 
Protect, indemnify, defend (with counsel reasonably satisfactory to the City Attorney) and hold harmless the City, its elected officials, officers, and employees from all claims, demands or liabilities arising out of or encountered in connection with their agreement with the City or the performance of work or purchase of supplies, equipment and materials in preparation for the towing operations or claims, demands and liabilities arising out of events occurring during the towing and subsequent storage and maintenance of vehicles on behalf of the City, whether or not such claims, demands, or liabilities are caused by the towing operator, its employees, or agents;
5. 
Provide proof and maintain general liability, automobile liability and workers' compensation insurance in an amount and at an insurance industry rating that meets the requirements of the City's Finance Department and which is acceptable to the City Attorney; and
6. 
Have all of their tow trucks used in the performance of towing services on behalf of the City inspected at least once per year. Proof of inspection by the California Highway Patrol shall satisfy this requirement.
(Prior code § 14-14-3)
A. 
The Police Chief shall determine the number of towing operators needed to provide towing services to the Department. On or before December 1st of each calendar year, the Police Chief shall make a determination as to the appropriate number of towing operators to be placed on the rotation list for the following year. The Police Chief's determination shall be based upon the number of towing operators that may be required by the public convenience and necessity and for the efficient operation of the Department. In determining the required number of towing operators, the Police Chief shall consider the following factors:
1. 
The operational needs of the Department;
2. 
The population growth in the City;
3. 
Any additional land area annexed or anticipated to be annexed into the City;
4. 
The number of currently authorized towing operators and their average response times;
5. 
The administrative burdens imposed by the number of towing operators to be included on the rotation list; and
6. 
Other relevant, objective factors to be determined by the Police Chief.
B. 
The Police Chief's determination shall be made in writing and shall include the number of towing operators to be included on the rotation list.
(Prior code § 14-14-4)
A. 
An application for placement on the Department's eligibility list for the rotation list shall be submitted in writing, executed under penalty of perjury, and filed with the Police Chief. In addition to other requirements set forth in the rules and specifications, the application shall contain all the following:
1. 
The full name and identification of the applicant and all persons who are financially interested, whether directly or indirectly, in the towing business;
2. 
The business addresses of the applicant and all financially interested parties;
3. 
The name under which the business will be operated;
4. 
Whether the applicant or any person financially interested in the application has been removed from a rotation list or had a permit to tow motor vehicles suspended or revoked in any other jurisdiction and, if so, the circumstances of that removal, suspension, or revocation;
5. 
A complete description of the vehicles to be operated by the applicant, including the vehicle make, model, year, license number, vehicle identification number, engine horsepower, and a description of hoist equipment and towing weight capacity;
6. 
Current certificates from a State-approved testing station certifying all safety equipment on all towing vehicles. Certification from the California Highway Patrol will satisfy this requirement;
7. 
The names, driver's license numbers, and positions of all employees who will be involved in towing, storing, and releasing vehicles;
8. 
The level and quality of service that would be made available to the public by the provider; such as, the location, the accessibility and adequacy of the provider's proposed storage facilities, whether there is an attendant on duty as opposed to being on call to release vehicles on a 24-hour basis, and the availability of extra pieces of equipment over the minimum required;
9. 
Evidence in writing to show the applicant's ability to comply with all requirements of this chapter and the terms and conditions of the City's tow service agreement;
10. 
Evidence in writing that the applicant has tow trucks capable of providing light duty and medium duty towing and their standard tow and storage rates;
11. 
The reasonableness of fees to be charged for service and the willingness to release a vehicle without charge if impounded or stored in the course of carrying out an official police investigation, upon direction of the Police Chief; and
12. 
Whether the facilities, personnel, and equipment that the applicant proposes to use meet applicable municipal and State requirements of law.
B. 
Applications pursuant to this chapter shall only be accepted during the annual enrollment period, which shall begin on October 1st and end on October 31st of each calendar year.
(Prior code § 14-14-5)
Upon receiving an application, the Police Chief shall cause an investigation to be conducted to determine the applicant's qualifications to comply with the provisions of this chapter. Within 30 days after the filing of the application, the Police Chief shall determine whether the towing operator is eligible for the rotation list. The Police Chief shall determine eligibility pursuant to guidelines set forth in this chapter and the rules and specifications. If the Police Chief determines that a towing operator is qualified, the towing operator's name shall be placed on the eligibility list. Qualified towing operators shall be placed on the eligibility list in the order in which their applications were received. If the Police Chief determines that a towing operator is not qualified, the towing operator shall receive a written statement of the reasons for the Police Chief's decision.
(Prior code § 14-14-6)
A. 
Towing operators selected to provide towing services to the City and to participate in the rotation list shall abide by this chapter and the rules and specifications.
B. 
Based on the number of towing operators needed, as determined by the Police Chief pursuant to Section 10.16.040, the Police Chief shall select from the eligibility list the appropriate number of towing operators to be placed on the rotation list and participate in the towing rotation program for the following year. The Police Chief shall select towing operators from the eligibility list in the order in which their applications were received.
C. 
The towing operator at the top of the list shall be on call to provide towing services to the City in accordance with the rotation system. Once a towing operator completes its designated on-call service, the towing operator's name shall be moved to the bottom of the list, and the towing operator then at the top of the list shall be the next towing operator contacted to provide towing services to the City.
D. 
When the City Manager or the Police Chief determines that an emergency exists, the City may request services from a towing operator who is not at the top of the list.
E. 
The rotation list may be amended from time to time as part of the Police Chief's promulgation or modification of the rules and specifications.
F. 
To continue to participate in the rotation program, each towing operator on the rotation list shall file with the Police Chief a renewal application for the following year. The renewal application must be filed during the annual enrollment period in the year prior to the year for which the renewal is sought. The applicant must describe any changes regarding the information in the original application. If there are no material changes and if the Police Chief determines that the towing operator has performed well during the preceding year, the Police Chief may place the towing operator on the rotation list for the following year. If there are material changes or if the Police Chief determines that the towing operator has not performed well, the renewal application will be treated as if it were an original application and will be subject to the procedures for reviewing new applications, as set forth in this chapter and in the rules and specifications.
G. 
Renewal applications shall include the following:
1. 
Updated City business license;
2. 
Updated liability and workers compensation insurance certificates;
3. 
An updated employee roster and employee information forms;
4. 
Updated fee schedule for review and approval by the Chief of Police;
5. 
Updated CHP inspection forms for tow vehicles;
6. 
Any additional pertinent documentation requested by the Chief of Police.
(Prior code § 14-14-7; Ord. 1726, 11/5/2024)
Towing operators selected by the Police Chief to provide tow services shall enter into an agreement with the City that shall contain eligibility requirements and operating regulations. Every selected towing operator shall post in a conspicuous place in the interior of each tow truck its rates.
(Prior code § 14-14-8)
A. 
A towing operator is required to have a valid City business license.
B. 
No towing operator shall operate on the streets, alleys, or any public way or place of the City unless the driver is holding a valid permit as required by law as an attendant or operator.
(Prior code § 14-14-9)
A. 
Tow trucks shall also pass the annual California Highway Patrol inspection, or its equivalent. All new tow trucks shall be inspected by the City before being placed in service.
B. 
All tow trucks shall have adequate equipment for the towing of vehicles. Basic equipment shall include, but not be limited to: fire extinguisher(s); broom; shovel; reflective triangles; flares; two trash can(s).
C. 
Towing operators shall have at least one vehicle designed to carry motorcycles, by a flatbed truck, trailer or other means, which will not cause additional damage to the motorcycle.
D. 
Towing operators shall have equipment for and have personnel proficient in unlocking locked vehicles.
E. 
Company name, address, and phone number shall be displayed on both sides of the tow truck.
(Prior code § 14-14-10)
A. 
All requests for towing service and the removal of traffic hazards shall be made through the Police Department.
B. 
When it becomes evident that there will be a delay in responding to a request for towing service, the towing company concerned shall promptly advise the Police Department of this delay.
C. 
An attendant capable of responding to police requests for tow service as well as responsible for the arranging the release of vehicles to the public shall be on call 24 hours a day, seven days a week. Official police tow service operators shall also maintain regular business hours of 8:00 a.m. to 6:00 p.m., Monday through Friday, during which time an attendant shall be present in person to respond to police requests and to assist the public in obtaining their vehicles. Vehicles stored 24 hours or less shall be charged a maximum of one-day storage. Each day thereafter shall be calculated by calendar day.
Signs listing the phone number where persons can call to retrieve their vehicles shall be posted in plain view at the front of the storage facility.
D. 
Removing Hazards. After being dispatched by the Police Department to the scene, the tow truck operator shall cooperate with the police officers in removing hazards and illegally parked vehicles as requested. It is the duty of the police officers to determine when such vehicle should be impounded or moved, and the tow truck operator shall abide by their decisions.
E. 
Each towing company shall comply with the California Vehicle Code regarding signs on tow trucks. Only tow trucks bearing the name of the company shall be dispatched to the scene without approval of police communications.
F. 
Vehicles impounded by the police for special investigation, i.e., fingerprints, etc., shall be held under maximum security until cleared by investigating officers. Contents of vehicles subject to a "police hold" shall not be removed.
G. 
The owners of towing companies participating in towing assignments by the Police Department shall be responsible for the acts of their employees while on duty. The towing company shall be responsible for all damage to vehicles while in its possession.
H. 
All towing company records, equipment, and storage facilities shall be subject to periodic inspection by Police Department investigators.
I. 
All vehicles stored or impounded as a result of a tow ordered by the Police Department shall be made available to the owner of the vehicle or his or her representative, any insurance agent, insurance adjuster, or any body shop or car dealer, for the purpose of estimating or appraising damages, except vehicles subject to a "police hold."
J. 
The official police towing service shall record the time in and the time out on every tow truck assignment. Such records shall be available and open for City examination. An electric time clock shall be maintained for this purpose.
K. 
Upon request, official police towing services shall submit a report to the Chief of Police and the Finance Director, which may include any of the following:
1. 
Total police impounds;
2. 
Number of times dispatched by Woodland Police Department;
3. 
Number of these calls resulting in impounds;
4. 
Number of vehicles sold on lien sale under authority of the Civil Code, and reporting such lien sales as per authority of the Vehicle Code;
5. 
Number of vehicles sold under authority of California Civil Code Section 3073;
6. 
Names and addresses of buyers and description of vehicles when sold;
7. 
Number of calls answered which took more than one hour to handle.
L. 
All tow trucks shall be radio-equipped.
M. 
Storage lots shall be properly fenced (at least six feet high) to maintain a maximum of security for stored and impounded vehicles. Such lots shall be accessible for vehicle storage and vehicle releases 24 hours a day, seven days a week.
N. 
Storage lots shall be located within the City or within three miles of the Woodland City limits.
O. 
An official garage shall not proceed with any repair work on a vehicle or place any charges against a vehicle other than those required for removal from the street and storage unless authorized by the owner or designated agent.
P. 
When disposing of unclaimed vehicles, official police tow service operators shall abide by all Civil Code sections pertaining thereto.
Q. 
All vehicles stored or impounded as a result of a tow ordered by the Police Department shall be towed directly to an official storage lot unless the Police Department or other person legally in charge of the vehicle requests that it be taken to some other location. Vehicle release fees shall be as established by resolution of the City Council.
R. 
A towing company may charge a lien sale fee and may begin lien sale proceedings as provided in the California Vehicle and Civil Codes.
S. 
Towing operators shall be available 24 hours a day, seven days a week and be able to respond to the designated area of responsibility within 20 minutes both during daytime and night-time hours. Towing operators will advise the City, at the time of notification, if they are either unable to respond or unable to meet the maximum response time.
T. 
Towing operators shall maintain records of tow services furnished, including a description of vehicles, nature of service, and time and location of calls. Such records may be inspected by Police Department personnel at any time.
U. 
Any damage to, or theft from, a towed vehicle while under the control of towing operators shall be reported to the City's police services.
V. 
All towing operators shall be required to provide a current phone number for afterhours contacts. Towing operators shall incur all costs associated with the phone number, and the City will not be responsible for any such costs. Towing operators shall immediately notify the Police Department of any changes to their reported phone number.
W. 
Towing operators shall provide a means for persons to pick up vehicles during non-business hours. An additional fee may be charged for non-business hour vehicle releases as long as such fee is posted at the business and provided to the Police Department in advance. If towing operators do not respond to release a vehicle during non-business hours, all storage fees associated with that vehicle will stop as of the date/time of no response to the release request. A pattern of non-response to afterhours release requests may result in removal from the rotation list. A first violation of the above will result in a 30-day suspension, and a second violation will result in a removal from the tow rotation list for the remainder of the current year.
X. 
Towing operators shall comply with California Vehicle Code Section 10652 concerning the reporting of the storage of vehicles in excess of 30 days and California Vehicle Code Section 10652.5 concerning vehicle storage fees.
Y. 
Towing operators may not perform any functions pursuant to this chapter if criminal charges are pending against the towing operators or one of its owners or principals. The towing operator's inability to perform these functions constitutes a material breach of its towing services agreement and shall provide the basis for either suspension or revocation of its towing services agreement.
(Prior code § 14-14-11)
A. 
Official police tow service providers shall obtain and maintain at all times, at their own cost and expense, proper and adequate insurance as required by the City's risk manager and as set forth in the towing services agreement.
B. 
All insurance policies shall be submitted to the risk manager for approval prior to the provider's designation as one of the City's official police tow service providers. Satisfactory evidence that such insurance is at all times in force and effect shall be furnished to the risk manager and the Finance Director.
(Prior code § 14-14-12)
A. 
The Police Chief may remove a towing operator from the rotation list for any of the following reasons:
1. 
A finding that a towing operator falsified any portion of its application or failed to include required or important information on the application;
2. 
A finding that the towing operator has failed to comply with or violated any of the terms or conditions of either this Woodland Municipal Code, the towing services agreement, or the rules and specifications;
3. 
A finding that the towing operator has engaged in misconduct or a pattern of behavior, by or through its agents or otherwise, that is either inconsistent with the goals of providing quality service to the community or not in the best interests of the City or its residents.
4. 
Nonpayment of any City business license fees or other fees provided in the agreement or by the Woodland Municipal Code;
5. 
Violation of any of the laws of the State of California or of the City with respect to the operation of the business by the contract holder, or repeated violations by operators, attendants, or vehicles covered by the contract;
6. 
Failure to keep any vehicle used for official police tow services in a safe condition and in good repair;
7. 
Failure to use distinctive coloring, monogram, or insignia;
8. 
For any deviation from the schedule of rates set forth in the agreement; or
9. 
For any cause the City Council finds makes it contrary to the public interest, convenience, necessity, or general welfare for the contract to continue.
B. 
If the towing operator does not agree with the Police Chief's decision to remove the towing operator from the rotation list, it may file an appeal with the City Manager, following the procedures set forth in Section 10.16.150 of this chapter.
(Prior code § 14-14-13)
Any authority to operate as a towing operator in the City granted under the provisions of this chapter may be suspended by the Chief of Police for a period of up to 30 days for any violation of this chapter.
(Prior code § 14-14-14)
Any applicant deemed ineligible by the Police Chief shall have the right to appeal the Police Chief's decision to the City Manager. Appeals shall be made by filing a notice of appeal with the City Manager within 10 days of receipt of a notice of the Police Chief's decision. The City Manager shall hear the appeal within 30 days after the appeal is filed. The City Manager shall notify the applicant of the decision within 10 days after the decision is made. The City Manager may affirm or overrule the Police Chief's decision. The City Manager's decision shall be final.
(Prior code § 14-14-15)
Nothing in this chapter shall be construed to restrict or prohibit the City from conducting its own towing operations or maintaining its own towing storage yard, either in lieu of or in addition to the towing services provided by and the towing storage yards maintained by any towing operators participating in the rotation list.
(Prior code § 14-14-16)
Any towing operator or officer, official, employee, or agent thereof who violates any provision of this chapter shall be guilty of a misdemeanor. In addition to any other penalties, any towing operator violating any provision of this chapter shall be subject to removal from the rotation list.
(Prior code § 14-14-17)
If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter. The City Council declares that it would have adopted this chapter, including every section, subsection, sentence, clause and phrase, irrespective of whether one or more sections, subsections, sentences, clauses or phrases is held invalid.
(Prior code § 14-14-18)