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 seized and impounded pursuant to a criminal investigation, which are parked illegally, 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 City Council in enacting these regulations to provide a fair and impartial means for the Newman 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. 2010-1 § 1, 1-26-2010)
The following words and phrases used in this chapter shall have the following meanings:
A. 
"Abandoned vehicles rotation list"
means a list maintained by the Newman 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 the California Vehicle Code, from public to private property.
B. 
"Attendant"
means an employee of an operator qualified by knowledge and experience to operate a tow car or tow truck.
C. 
"Operator"
means any person, firm, corporation or association engaged in the business of towing motor vehicles.
D. 
"Rotation list"
means a list maintained by the Police Department of operators from which the Police Department will make calls for towing services on a sequential basis.
E. 
"Tow car" or "tow truck"
means a motor vehicle as defined in Section 615 of the Vehicle Code of the State of California.
F. 
"Towing service"
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. 2010-1 § 1, 1-26-2010)
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. 2010-1 § 1, 1-26-2010)
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 Newman Police Department.
(Ord. 2010-1 § 1, 1-26-2010)
It shall be 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 by an officer or representative of the Newman Police Department to provide such towing service work.
(Ord. 2010-1 § 1, 1-26-2010)
Within 60 days after the effective date of the ordinance codified in this chapter, the Chief of Police shall establish and thereafter maintain a rotation list of towing service operators. Such rotation service operators who make application and meet the requirements of this chapter shall be included on the list. Each operator of a towing service placed on the rotation list shall execute an agreement with the City to comply with all of the provisions of this chapter.
(Ord. 2010-1 § 1, 1-26-2010)
Within 60 days after the effective date of the ordinance codified in this chapter, the Chief of Police shall establish and thereafter maintain an abandoned vehicle rotation list of towing service operators who have agreed to remove abandoned vehicles as authorized by the California Vehicle Code. Such list shall be compiled by the Chief of Police and consist of the towing service operators that meet the requirements of this chapter. 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. 2010-1 § 1, 1-26-2010)
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. 2010-1 § 1, 1-26-2010)
A. 
Application. Each operator of a towing service desiring assignment to the rotation list or abandoned vehicle rotation list shall pay a fee as set by resolution of the City Council. Applications shall be filed on forms supplied by the Newman Police Department, which shall be signed by the applicant under penalty of perjury and 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 Chief of Police may deem relevant and necessary to investigate and evaluate the qualifications of the applicant.
B. 
Application – Investigation. The Chief of Police shall cause to be conducted an investigation of each application by a towing service and a report of such investigation shall be attached to the applicant.
C. 
Approval or Rejection of Application.
1. 
Findings. The Chief of Police, 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.
2. 
The Chief of Police shall approve the application by a towing service operator for consideration for assignment to the rotation list if he/she 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 this section;
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. 2010-1 § 1, 1-26-2010)
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 as required by the California Vehicle Code.
C. 
Lights. Vehicles shall at all times be equipped with lighting equipment as required by the California Vehicle Code 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 Chief of Police, capable of communicating with the parent company dispatcher. Citizen band radios do not meet this requirement.
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, and shall be equipped with at least two five-gallon cans of absorbent material.
F. 
All other equipment as required by the California Vehicle Code.
(Ord. 2010-1 § 1, 1-26-2010)
All tow service operators shall obtain a tow vehicle inspection certificate from the California Highway Patrol and submit to the Newman Police Department annually.
(Ord. 2010-1 § 1, 1-26-2010)
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 driver's license issued by the State of California.
(Ord. 2010-1 § 1, 1-26-2010)
A. 
Each tow car or tow truck shall be operated by an attendant with a valid current attendant's permit issued pursuant to this chapter.
B. 
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 Chief of Police.
(Ord. 2010-1 § 1, 1-26-2010)
A. 
Application. An application for attendant's permit shall be made upon forms furnished by the City, signed by the applicant under penalty of perjury, 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 driver's 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 within 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. 
Application Fee – Fingerprints. Applicants for attendant's permits shall pay to the City a fee as set by resolution of the City Council. When the application is processed, fingerprints shall be submitted as required by the Bureau of Identification, State of California. The applicant shall pay the fingerprint fee in addition to the City fee.
C. 
Investigation. The Chief of Police 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.
D. 
Approval or Rejection of Application – Findings.
1. 
The Chief of Police, 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.
2. 
The Chief of Police shall issue an attendant's permit if he/she finds that the applicant:
a. 
Is the age of 18 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;
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, 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.
3. 
Applicant shall be rejected if:
a. 
Applicant has more than two convictions for hazardous traffic violations in the prior 12 months; or
b. 
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 12 months; or
c. 
Applicant has more than one conviction for a hazardous misdemeanor traffic violation in the past 12 months; or
d. 
Applicant has three or more convictions or accidents in any of the above-listed categories; or
e. 
Applicant has been convicted at any time for a crime of violence, dangerous or deadly weapons, or moral turpitude.
(Ord. 2010-1 § 1, 1-26-2010)
The attendant's permit shall be in the form of a card which shall bear the photograph of the applicant. The 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 Newman Police Department. If an attendant changes employment from one towing service to another, he/she shall notify the Newman Police Department of that change. If an attendant leaves the towing service for other employment, he/she shall turn in the permit to the Newman Police Department.
(Ord. 2010-1 § 1, 1-26-2010)
The Chief of Police may suspend or revoke any attendant's permit for the same reasons that the Chief of Police can deny a permit, as set forth in this chapter. Attendant permit holders must report all arrests, citations and accidents to the Chief of Police within one week of incident. Failure to do so may result in permit revocation.
(Ord. 2010-1 § 1, 1-26-2010)
The Chief of Police may suspend or revoke any towing service from either or both rotation list(s) 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 10 consecutive days without having obtained permission for cessation of such operation from the Chief of Police, 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 seven 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 with this chapter 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 72 hours prior to actual suspension or revocation.
(Ord. 2010-1 § 1, 1-26-2010)
A. 
Vehicle Storage. Each towing service operator shall have a storage lot located within the City limits of Newman 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 Newman Police Department for towing service and to citizens' requests for release of vehicles, 24 hours each day, seven days per week, including holidays.
C. 
Insurance. Towing service operators shall maintain in full force and effect policies of public liability insurance as protection against:
1. 
Garage liability coverage providing towing and wrecker liability;
2. 
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;
3. 
Contractual liability.
D. 
Workers' compensation insurance shall be carried as required by State law.
E. 
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 30-day written notice prior to any cancellation, nonrenewal or any material change in coverage, terms or conditions of the policy(s).
F. 
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 $500,000 for each accident and $500,000 for injuries in any one occurrence and property damage liability in the sum of $100,000, naming the City and its elected officials, employees and volunteers as additional insured, and which policy shall provide that the City shall be given 30 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.
G. 
If the towing service operator elects to provide transportation for passengers as part of the towing service, the requirement for liability insurance shall be $1,000,000 for each accident and $1,000,000 for injuries in any one occurrence. The other requirements for insurance and limits of liability remain the same.
(Ord. 2010-1 § 1, 1-26-2010)
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 resolution of the City Council. 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 be reviewed 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.
C. 
Any operator placed on the rotation list herein shall remove, or provide nontowing service, at a 50 percent reduced cost or expense to the City, any disabled or damaged vehicle owned or leased by the City and which is located within or in close proximity to the City.
(Ord. 2010-1 § 1, 1-26-2010)
Tow service operators shall respond to all calls for towing service within 20 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. 2010-1 § 1, 1-26-2010)
A. 
Vehicles impounded by the Newman Police Department shall be held by the operator until the vehicle is released in writing by the Police Department. Contents of vehicle impounded shall not be removed without the prior written approval of the Police Department. Impounded vehicles shall be deemed to be in the custody of the Newman Police Department until released in writing by the Newman Police Department, and in the interim shall be stored inside a locked building. Tow service operators shall have a storage building available to the Newman Police Department that will store no less than two vehicles.
B. 
The storage building must be located within 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. 2010-1 § 1, 1-26-2010)
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/her representative during normal business hours. All vehicles shall be accessible at all times to the Newman Police Department and other law enforcement personnel. The operator may be required to assist making vehicles accessible upon request of the Newman Police Department.
(Ord. 2010-1 § 1, 1-26-2010)
A. 
Turn Determination. 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.
B. 
Deviation. 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 Chief of Police or his/her authorized representative determines that there is an emergency, the provisions of this chapter shall not apply and the Newman Police Department may obtain towing service from any source deemed appropriate.
(Ord. 2010-1 § 1, 1-26-2010)
A. 
Any applicant for or holder of a permit whose application is rejected or whose permit is suspended or revoked, as provided in this chapter, may appeal such denial to the City Manager or his/her designee. Any appeal must be in written form, and be received by the City Manager within 10 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 Administrator relative to the rejection, suspension or revocation. The date shall be no later than 14 days after receipt of the appeal. Within seven days after that hearing, the City Manager shall affirm, modify or reverse the rejection, suspension or revocation. If the rejection, suspension or revocation is modified or reversed, the Chief of Police shall take action consistent therewith.
B. 
If the City Manager affirms the rejection, suspension or revocation, he/she shall notify the applicant or permit holder of his decision by mail within three days of his 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 10 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 15 or later than 45 days following the receipt of the appeal. During the hearing of the appeal, any person shall be entitled to be heard relative to the rejection, suspension or revocation. If the Council reverses the rejection, suspension or revocation, the Chief of Police shall issue or reinstate the permit.
(Ord. 2010-1 § 1, 1-26-2010)
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 Newman Police Department shall not be responsible for costs incurred by the removal of abandoned vehicles either from public or private property.
(Ord. 2010-1 § 1, 1-26-2010)