The city council finds that it is in the public interest that
this chapter be enacted to prescribe basic regulations for the operation
of those towing services in the city participating in a rotation system
for the removal of and towing away of motor vehicles which are illegally
parked, which are abandoned, which are involved in an accident, or
which constitute an obstruction to traffic because of mechanical failure.
It is the purpose of the council in enacting these regulations to
provide a fair and impartial means for the Manteca police department
to distribute requests for towing services among qualified firms and
to ensure that such service is prompt, reasonably priced, and in the
best interests of the public health, safety and welfare.
(Ord. 763 § 1, 1987)
The following words and phrases used in this chapter shall have
the following meanings:
means a list maintained by the Manteca police department
of operators from which the police department will make calls for
towing services for the purpose of removing abandoned vehicles as
authorized by Sections 22651(k), 22651(o) and 22669(a) of the California
Vehicle Code, from public to private property.
is an employee of an operator qualified by knowledge and
experience to operate a tow car or tow truck.
means any person, firm, corporation or association engaged
in the business of towing motor vehicles.
is a list maintained by the Manteca police department of
operators from which the police department will make calls for towing
services on a sequential basis.
means a motor vehicle as defined in Section 615 of the Vehicle
Code of the state of California.
means the business of operating tow cars and/or tow trucks
in the city for the purpose of towing, moving or removing vehicles
from, over, or on the public streets thereof.
(Ord. 763 § 2, 1987)
Except as hereinafter provided, the provisions of this chapter
shall be applicable to those towing service operators who are placed
on the rotation list or abandoned vehicle rotation list for towing
service authorized by this chapter.
(Ord. 763 § 3, 1987)
It is unlawful for any person, towing service operator or the
agent, attendant or other employee of a towing service operator, whether
or not on the rotation list, to respond to any police radio call for
the purpose of removing from the public streets and towing away any
vehicle subject to the provisions of this chapter unless specifically
requested to do so by an officer or representative of the Manteca
police department. The owner or operator of any vehicle may request
any specific towing service operator be called to remove and tow away
his or her vehicle.
(Ord. 763 § 4, 1987)
It is unlawful for any person, towing service operator, or the
agent, attendant or other employee of a towing service operator, whether
or not on the rotation list, to solicit any towing service work which
is regulated by this chapter without first having been requested by
the owner or operator of the vehicle or be an officer or representative
of the Manteca Police Department to provide such towing service work.
(Ord. 763 §5, 1987)
Within sixty days after the effective date of this chapter,
the police chief shall establish and thereafter maintain a rotation
list of towing service operators. Such rotation service operators
that meet the requirements of this chapter and who make application
to be included on the list. Each operator of a towing service placed
on the rotation list shall sign an agreement to comply with all of
the provisions of this chapter.
(Ord. 763 § 6, 1987)
Within sixty days after the effective date of this chapter,
the police chief shall establish and thereafter maintain an abandoned
rotation list of towing service operators who have agreed to remove
abandoned vehicles as authorized by Section 22651(k), 22651(o) and
22669(a) of the California Vehicle Code. Such list shall be compiled
by the police chief and consist of the towing service operators that
meet the requirements of this chapter and make application to be included
on the list. Each operator of a towing service placed on the abandoned
vehicle rotation list shall sign an agreement to comply with all of
the provisions of this chapter.
(Ord. 763 § 7, 1987)
In the event that no towing service operator agrees to be placed
on the abandoned vehicle rotation list, then all tow service operators
that are on the rotation list will be required to provide towing services
to remove abandoned vehicles as directed by the police department.
(Ord. 763 § 8, 1987)
A.
Each
operator of a towing service desiring assignment to the rotation list
or abandoned vehicle rotation list shall pay to the director of finance
a processing fee as each application. A copy of the receipt for fees
shall be filed along with the application with the police chief. Applications
shall be filed on forms supplied by the Manteca police department,
which applications shall contain the following information:
1.
The
name, residence address and telephone number of the applicant. If
the applicant is a partnership, the name, residence address and telephone
number of each partner. If the applicant is a corporation, the name,
residence address and telephone number of each director, each officer
and the general manager;
2.
The
applicant's date of birth, weight, height, color of eyes and hair.
If the applicant is a partnership, the date of birth, weight, height,
color of eyes and hair of each partner. If the applicant is a corporation,
the date of birth, weight, height, color of eyes and hair of each
director, each officer and the general manager;
3.
The
name under which the towing service operates and the business address
and telephone number of the towing service;
4.
The
make, year, model, color and license number of every tow truck that
will be operated by the towing service;
5.
The
name of each city, county and state, including the specific addresses
therein, in which the applicant has been engaged in or has conducted
a towing service, or has been employed as a towing service operator
or attendant within the last five years. If the applicant is a partnership,
such information shall be provided for each partner. If the applicant
is a corporation, such information shall be provided for each director,
each officer and the general manager;
6.
A
statement of all felonies and misdemeanors (including moving traffic
violations and excluding parking violations) for which the applicant
has been convicted within the five years immediately preceding the
date of the application. If the applicant is a partnership, such information
shall be provided for each partner. If the applicant is a corporation,
such information shall be provided for each director, each officer
and the general manager;
7.
Such
other information as the police chief may deem relevant and necessary
to investigate and evaluate the qualifications of the applicant.
B.
All
applications shall be signed by the applicant under penalty of perjury.
(Ord. 763 § 9, 1987)
The police chief shall cause to be conducted an investigation
of each application by a towing service operator, and a report of
such investigation shall be attached to the application.
(Ord. 763 § 10, 1987)
The police chief, upon consideration of an application by a
towing service operator and the investigative reports and documents
attached thereto, shall approve or reject the application in accordance
with the provisions of this chapter.
(Ord. 763 § 11, 1987)
The police chief shall approve the application by a towing service
operator for consideration for assignment to the rotation list if
the police chief finds:
A.
That the vehicles described in the application and proposed to be operated by the towing service meet the minimum standards set forth in Section 5.44.130;
B.
That
the applicant meets all of the requirements of this chapter and all
other applicable laws and regulations;
C.
That
the applicant has adequate experience in the operation of a towing
service;
D.
That
the applicant has not yet been convicted within five years immediately
preceding the application of crime involving honesty, or veracity,
violence, dangerous or deadly weapons, or more than once during the
five-year period has been convicted of the use or possession of narcotics,
or for operating a vehicle under the influence of intoxicating liquor.
(Ord. 763 § 12, 1987)
Each tow car or tow truck shall meet the following standards:
A.
Truck
Chassis. Vehicles shall have at least one-ton capacity with rear dual
wheels or equivalent.
B.
Company
Name. Vehicles shall be marked pursuant to Section 27907 of the California
Vehicle Code.
C.
Lights.
Vehicles shall at all time be equipped with lighting equipment required
by Sections 25253 and 24605 of the Vehicle Code of the state of California
and may be equipped with such other lights as the operator may desire
which are not forbidden by law.
D.
Radio.
Each vehicle shall have in good operating condition a two-way communication
system approved by the police chief, capable of communicating with
the parent company dispatcher.
E.
Additional
Equipment. Each vehicle shall have a flashlight in operating condition,
a dustpan, crowbar, pry-bar, rope or strapping implement for securing
steering wheels, hammer, screwdriver, wrenches, safety chain and other
miscellaneous hand tools.
(Ord. 763 § 13, 1987)
No person shall drive or be permitted to drive upon the streets
of the city a tow car or tow truck regulated by this chapter unless
the person shall have a current valid drivers license issued by the
state.
(Ord. 763 § 15, 1987)
Each tow car or tow truck shall be operated by an attendant
with a valid current attendant's permit issued pursuant to this chapter.
(Ord. 763 § 14, 1987)
No person shall operate or be permitted to operate a tow car
or tow truck regulated by this chapter without first obtaining an
attendant's permit to do so from the police chief.
(Ord. 763 § 16, 1987)
A.
An application
for attendant's permit shall be made upon blank forms furnished by
the city and shall contain:
1.
The
applicant's full name, present residence address, and any other residence
address during the past year;
2.
Age,
date of birth, weight, height, color of eyes and hair and drivers
license number;
3.
A
statement of all felonies and misdemeanors (including moving traffic
violations and excluding parking violations) for which the applicant
has been convicted with the five years immediately preceding application
for the permit; and
4.
A
statement of past experiences as a tow car or tow truck operator or
attendant, including the name and address of each employment as a
towing service operator or attendant within the five years immediately
preceding application for the permit.
B.
All
applications shall be signed by the applicant under penalty of perjury.
(Ord. 763 § 17, 1987)
Applicants for attendant's permits shall pay to the director
of finance a processing fee as established from time to time by resolution
of the city council for each application. A copy of the receipt for
fees paid shall be filed along with the application with the police
chief. When the application is processed, fingerprints shall be submitted
as required by the Bureau of Identification, state of California.
(Ord. 763 § 18, 1987)
The police chief shall cause to be conducted an investigation
of each application for an attendant's permit; and a report of such
investigation, including a copy of the traffic and police record of
the applicant, if any, shall be attached to the application.
(Ord. 763 § 19, 1987)
The police chief, upon consideration of an application for an
attendant's permit, and the investigation reports and documents attached
thereto, shall approve or reject the application in accordance with
the provisions of this chapter.
(Ord. 763 § 20, 1987)
The police chief shall issue an attendant's permit if the police
chief finds that the applicant:
A.
If the
age of eighteen years or over;
B.
Is able
to speak, read and write the English language;
C.
Has
a safe driving record. Applicant must possess a valid California Driver's
License. Applicant shall be disqualified if:
1.
Applicant
has more than two convictions for hazardous traffic violations in
the prior twelve months, or
2.
Applicant
has been involved in more than two accidents in which the applicant
was the primary cause of the accident or significantly contributed
to the cause of the accident in the prior twelve months, or
3.
Applicant
has more than one conviction for a hazardous misdemeanor traffic violation
in the past twelve months, or
4.
Applicant
has more than three convictions or accidents in any of the above listed
categories;
D.
Has
met all of the requirements of this chapter and all other applicable
laws and regulations;
E.
Has
not been convicted within the five years immediately preceding application
for a permit of a crime involving honesty or veracity, violence, dangerous
or deadly weapons, or more than once during the five-year period has
been convicted of the use or possession of narcotics, or for operating
a vehicle under the influence of intoxicating liquor.
(Ord. 763 § 21, 1987)
The attendant's permit shall be in the form of a card which
shall bear the signature, photograph and fingerprint of the applicant.
Such card shall be issued in duplicate; and one copy with the fingerprint,
photograph and signature of the applicant shall be placed on file
with the police chief. The other card shall be carried on the person
of the permittee at all times while operating a tow car or tow truck.
The permit, when issued, remains the property of the Manteca police
department. If an attendant changes employment from one towing service
to another, he or she shall notify the Manteca police department of
that change. If an attendant leaves the towing service for other employment,
he or she shall turn in his or her permit to the Manteca police department.
(Ord. 763 § 22, 1987)
The police chief may suspend or revoke any attendant's permit
for the same reasons that the police chief can deny a permit, as set
forth in this chapter.
(Ord. 763 § 23, 1987)
The police chief may suspend or revoke any towing service from
the rotation list on any one or more of the following grounds:
A.
That
the towing service operator fails to meet the requirements for the
approval of an application by a towing service operator, as set forth
in this chapter;
B.
That
the operator has failed to operate the towing service in accordance
with the provisions and requirements of this chapter;
C.
That
the operator has ceased to operate the towing service for a period
of ten consecutive days without having obtained permission for cessation
of such operation from the police chief, except for short term absences
when prior notice has been given to the police department and provisions
have been made for the release of vehicles during this time; short
term absences is defined as a period of time less than twenty-one
days;
D.
That
any of the operator's insurance required by this chapter has been
cancelled, not renewed or been materially changed in coverage, terms
or conditions;
E.
That
the operator has failed to respond to a towing service request made
by the police pursuant to the provisions of this chapter; and
F.
Failure
to comply when towing service has been sold to a new owner. Written
notice of the reasons for removal of an operator's service from the
rotation list shall be given seventy-two hours prior to actual suspension
or revocation.
(Ord. 763 § 24, 1987)
A.
Vehicle
Storage. Each towing service operator shall have a storage lot located
within a six-mile radius of the city limits of the city which is adequate
to store not less than five vehicles. A storage building must also
be available to the operator capable of storing a minimum of two vehicles.
Such storage lot and building shall be enclosed by a fence or wall
which is of sufficient height and strength to be capable of protecting
stored vehicles and their contents from pilfering or tampering and
comply with all zoning and building requirements of the city. Such
fence shall be at least six feet in height and shall be provided with
at least one door or gate with the bottom edge of any fence to be
not more than two inches above the parking surface of the storage
lot and the top edge of the fence or wall enclosure, including all
gates and doors thereto, to be equipped with not less than two barbed
wires installed so as to discourage access over the top of the fence
or wall. All gates or buildings shall be securely locked when not
in use and storage lots shall be screened from public view.
B.
Hours.
Each towing service operator shall have an attendant on call, capable
of responding to requests from the Manteca police department for towing
service and to citizens' requests for release of vehicles, twenty-four
hours each day, seven days per week including holidays.
C.
Insurance.
Towing service operators shall maintain in full force and effect policies
of insurance as protection against:
1.
Public
liability including:
a.
Garage liability coverage providing towing and wrecker liability,
b.
Garage keeper's legal liability or equivalent protection affording
fire, theft, vandalism and malicious mischief, covering the vehicles
stored and/or impounded while in the care, custody and control of
the towing service operator,
c.
Contractual liability;
2.
Worker's
Compensation.
D.
Certificates
of insurance evidencing such insurance as required by this chapter
shall be filed with the police chief of the city prior to assignment
of a towing service operator to the rotation list. The certificate(s)
shall provide that the city shall receive a thirty-day written notice
prior to any cancellation, nonrenewal or any material change in coverage,
terms or conditions of the policy(s).
E.
Regardless
of the provisions of any other ordinances or provisions of this code,
towing service operators who participate in the rotation list or abandoned
vehicle rotation list shall obtain and maintain in full force and
effect liability insurance in the amount of five hundred thousand
dollars for each accident and five hundred thousand dollars for injuries
in any one occurrence and property damage liability in the sum of
one hundred thousand dollars, naming the city and its elected officials,
employees and volunteers as additional insureds, and which policy
shall provide that the city shall be given thirty days written notice
prior to the cancellation of any such policy. Towing service operators
who are insured at the above listed limits shall not carry passengers
in or on their tow car or tow truck, or in the vehicles being towed,
at any time while engaged in towing service pursuant to the provisions
of this chapter.
F.
If the
towing service operator elects to provide transportation for passengers
as part of the towing service, the requirement for liability insurance
shall be one million dollars for each accident and one million dollars
for injuries in any one occurrence. The other requirements for insurance
and limits of liability remain the same.
G.
Worker's
compensation insurance shall be carried in compliance with the laws
of the state.
(Ord. 763 § 25, 1987; Ord. 981 § 1, 1993)
A.
The
maximum fees and charges which may be charged by towing service operators
for services rendered pursuant to this chapter shall be established
by resolutions of the city council adopted from time to time. Such
rates and charges shall be established after a review of rates and
charges used in comparable communities and operating data supplied
by towing service operators on the rotation list established pursuant
to this chapter. The rates and charges shall provide for extra fees
in case of unusual circumstances. Towing service operators on the
rotation list established pursuant to this chapter may periodically,
but not more frequently than annually, request such schedule of rates
and charges by review for possible adjustment.
B.
No rates,
charges or other fees shall be charged for towing services provided
pursuant to this chapter other than those authorized by the schedule
of rates and charges established pursuant to this section. Each towing
service operator shall keep full and complete records of all such
fees and charges charged for towing service provided pursuant to the
provisions of this chapter.
(Ord. 763 § 26, 1987)
Tow service operators shall respond to all calls for towing
service within twenty minutes or less. If a towing service operator
is unable to respond within such time and notifies the police department
of that fact at the time the call for service is received, the operator
will be assigned an alternate turn.
(Ord. 763 § 27, 1987)
A.
Vehicles
impounded by the Manteca police department shall be held by the operator
until the vehicle is released in writing by the Manteca police department.
Contents of vehicle impounded shall not be removed without the prior
written approval of the Manteca police department. Impounded vehicles
shall be deemed to be in the custody of the Manteca police department
until released in writing by the Manteca Police department, and in
the interim shall be stored for safekeeping by the operator. The Manteca
police department may require such impounded vehicles to be stored
inside a locked building. Tow service operators shall have a storage
building available to the Manteca police department that will store
no less than two vehicles.
B.
The
storage building must be located within two miles of the city limits.
If the storage building is already filled to capacity by police department
impounds then the next operator on the rotation list having such storage
facilities available will be called, without loss of rotation turn
to those passed over.
(Ord. 763 § 28, 1987)
All vehicles, except impounded vehicles, stored pursuant to
the provisions of this chapter, shall be made available for the purpose
of estimating or appraising damages by the owner of the vehicle or
his or her representative during normal business hours. All vehicles
shall be accessible at all times to the Manteca police department
and other law enforcement personnel. The operator may be required
to assist making vehicles accessible upon request of the Manteca police
department.
(Ord. 763 § 29, 1987)
Requests for towing of vehicles, emergency road service, and
other similar services will be considered to be a rotation turn except
when an operator or attendant requests no compensation for the services
rendered or when services of a specific operator are requested by
a citizen.
(Ord. 763 § 30, 1987)
The police department may deviate from the normal rotation schedule
if the operator next on rotation is, in the judgment of the department,
incapable of or not properly equipped for handling a specific task
requiring special skills or equipment. If none of the operators on
the rotation list have the necessary skills or equipment to handle
a specific task, the police department may request service from any
other person or company capable of handling the request. A deviation
from the normal rotation for such reason shall not cause a loss of
rotation turn by either the operator who was determined to be incapable
or not properly equipped for handling the request or by another rotation
operator who does respond. In the event that the police chief or his
or her authorized representative determines that there is an emergency,
the provisions of this chapter shall not apply and the Manteca police
department may obtain towing service from any source deemed appropriate.
(Ord. 763 § 31, 1987)
A.
Any
applicant for or holder of a permit whose application is denied or
whose permit is suspended or revoked, as provided in this chapter,
may appeal such denial to the city manager. Any appeal must be in
written form, and be received by the city manager within ten days
of the effective date of the denial, suspension or revocation. The
city manager shall set a date and time at which the applicant or permit
holder will have the opportunity to be heard and present evidence
to the city manager relative to the denial, suspension or revocation.
The date shall be no later than fourteen days after receipt of the
appeal. Within seven days after that hearing, the city manager shall
affirm, modify or reverse the denial, suspension or revocation. If
the denial, suspension or revocation is modified or reversed, the
police chief shall take action consistent therewith.
B.
If the
city manager affirms the denial, suspension or revocation, he or she
shall notify the applicant or permit holder of his or her decision
by mail within three days of his or her determination. The applicant
or permit holder may appeal the city manager's determination to the
city council. Any appeal must be in written form, and be received
by the city clerk within ten days of the effective date of the mailing
of the notice of the city manager's decision. The city clerk shall
then set the appeal as a public hearing item on the council agenda
at a regular or special meeting of the city council. The date the
appeal is set for hearing shall be no sooner than fifteen or later
than forty-five days following the receipt of the appeal. During the
hearing of the appeal any person shall be entitled to be heard relative
to the denial or revocation. If the council reverses the denial, suspension
or revocation, the police chief shall issue or reinstate the permit.
(Ord. 763 § 33, 1987)
The provisions of this chapter shall be deemed as supplemental
to the business license tax and any other pertinent laws and ordinances
of the city. The city and the Manteca police department shall not
be responsible for costs incurred by the removal of abandoned vehicles
either from public or private property.
(Ord. 763 § 34, 1987)
