Anaheim Municipal Code Ch. 4.75 Towing or Impounding Vehicles from Private Property

"Driver" means and includes a person who drives or is in actual physical control of a tow truck.

"Illegally parked vehicle" means any vehicle that is parked in violation of the laws of the City of Anaheim, County of Orange and State of California.

"Owner" means and includes every person, firm or corporation owning or controlling any tow truck.

"Public automobile storage facility" means any vehicle storage facility which provides to the public the service of storing or holding vehicles.

"Tow services" means any service whereby vehicles are towed or otherwise removed from one place to another.

"Tow truck" means any vehicle or device used to tow or otherwise remove vehicles from one place to another. This includes a motor vehicle which has been altered or designed and equipped for, and used in, the business of towing vehicles by means of a crane, hoist, tow-bar, tow-line or dolly or is otherwise used to render assistance to other vehicles. (Ord. 4289 § 2 (part); December 1, 1981: Ord. 4558 § 1; December 11, 1984.)

It is unlawful for any person, association, firm, or corporation to engage in, conduct, or carry on, the business of towing or impounding illegally parked vehicles from a private property location within the City of Anaheim in the absence of a permit issued pursuant to the provisions hereinafter set forth. (Ord. 3951 § 1 (part); December 19, 1978.)

.010 Any person desiring to obtain a permit to tow or impound illegally parked vehicles from private property locations within the City of Anaheim shall make application pursuant to Section 4.75.110 of this chapter.

.020 Each application shall be accompanied by an application fee of five hundred dollars. (Ord. 4289 § 2 (part); December 1, 1981.)

An applicant for a permit shall submit the following information:

.010 The full name and present address of the applicant.

.020 The location, description, and hourly availability of the tow trucks owned or operated by the applicant.

.030 The addresses of the available public automobile storage facilities that the applicant will use for housing all vehicles towed from private property.

.040 Written proof that the applicant is over eighteen years of age.

.050 The names, addresses and driver's license numbers of all tow truck operators employed by the permittee.

.060 The business, occupation, or employment history of the applicant for the three years immediately preceding the date of the application.

.070 The business license and permit history of the applicant, owner, or profit interest holder in the tow service.

.080 All criminal convictions to include vehicle code violations.

.090 The owner or operator of any applicant for a permit pursuant to this chapter shall file with the Traffic Division of the Anaheim Police Department the established rates for all towing to be provided pursuant to the permit applied for and shall not change said rates for a period of sixty days from the date of filing with the Traffic Division of the City of Anaheim Police Department. Whenever the owner or operator of any permit desires to change the rates for towing provided pursuant to this chapter, he shall file with the Traffic Division of the City of Anaheim Police Department a notice of intent to change rates at least sixty days prior to the effective date of his change of rate.

.100 Such other identification and information reasonably necessary to effectuate the purpose of this chapter. (Ord. 4325 § 2; April 20, 1982.)

Every tow truck operator and driver performing towing services of illegally parked vehicles from private property in the City of Anaheim shall have on his person a valid permit or copy thereof issued pursuant to this chapter. (Ord. 4289 § 2 (part); December 1, 1981.)

Upon the sale or transfer of any ownership or profit interest whether present or prospective in a tow service, the permit issued hereunder shall be null and void. A new application shall be made deleting the person who no longer holds any ownership or profit interest and naming the person who has been sold or transferred ownership or profit interest in the tow service. A fee of Five Hundred Dollars shall be payable for the application and all the provisions of this chapter shall apply to such new application. (Ord. 4289 § 2 (part); December 1, 1981.)

.010 Each permittee under this chapter shall file with the Traffic Bureau of the Anaheim Police Department the name, address and driver's license number of any tow truck operator employed by the permittee subsequent to the date of the permit application which information shall be so filed not later than fifteen days following the date of such employment.

.020 Each permittee under this chapter shall notify the Traffic Bureau of the Anaheim Police Department of the name of any tow truck operator no longer employed by such permittee which notification shall be given to the Traffic Bureau not later than thirty days following the last date of such operator's employment by said permittee. (Ord. 4558 § 4; December 11, 1984.)

Before authorizing a tow service to remove any illegally parked vehicle from private property, the owner or person in lawful possession of the private property must notify the Anaheim Police Department of:

.010 The name, address and phone number of the person authorizing removal of the illegally parked vehicle from private property.

.020 The location of the private property from which the vehicle is to be removed.

.030 The name, address and telephone number of the location where the vehicle is to be stored.

.040 The license number, model and color of the vehicle to be removed.

.050 The name and address of the person reporting the private property impound.

.060 The owner, or in the case of an apartment or condominium, the association may designate an agency to enforce the provisions of the ordinance codified in this chapter. The person, partnership or corporation so designated shall file with the Police Department a copy of the agreement delegating the responsibility to enforce the provisions of the ordinance codified in this chapter to said person, partnership or corporation with the Anaheim Police Department Traffic Division. However, such agency designated may not be made to any owner, operator, or employee of any towing company.

It is the responsibility of the permittee and his tow service operator to ensure that the Anaheim Police Department is notified by the owner or person in lawful possession of the private property prior to the tow service operator removing any illegally parked vehicle. The person authorizing the impound must be physically present to authorize the impound. The permittee will within forty-eight hours, Saturday, Sunday and Holidays excepted, deliver to the Anaheim Police Department Traffic Bureau a copy of the signed authorization. (Ord. 4326 § 2; April 20, 1982.)

The illegally parked vehicle removed from private property shall be towed or otherwise transported to the nearest available public automobile storage facility. The nearest available public automobile storage facility is defined as that facility which is closest to the private property from which the illegally parked vehicle was towed or otherwise removed. (Ord. 4289 § 2 (part); December 1, 1981.)

The permittee shall not tow from private property unless the private property has displayed signs visible from twenty-five feet at each vehicular entrance. There shall also be displayed one additional sign, visible from twenty-five feet, every one hundred feet thereafter. Each sign shall contain the following message:

NO PARKING

UNAUTHORIZED VEHICLES SUBJECT TO

TOW-AWAY AT OWNER'S EXPENSE

CVC 22658 - AMC 14.32.220

Anaheim Police Telephone 999-1900.

(Ord. 4289 § 2 (part); December 1, 1981.)

The permittee shall maintain on file with the Anaheim Police Department a current rate schedule indicating all charges for towing and storage services. The charges for towing and storage services of illegally parked vehicles removed from private property shall be assessed according to the rate schedule on file at the Anaheim Police Department. (Ord. 4289 § 2 (part); December 1, 1981.)

Any applicant for a permit pursuant to these provisions shall obtain from, complete and return permit application to the License Collector, along with a copy of the company's insurance policy, who shall forward the completed application to the Chief of Police. The Chief of Police shall have a reasonable time in which to investigate the application and the background of the applicant. Based upon such investigation, the Chief of Police, or his representative, shall issue a permit or deny same.

The City Building Division and the Fire Department shall inspect the premises proposed to be devoted to that of an automobile storage facility and shall make recommendations to the Chief of Police.

The Chief of Police shall not issue a permit if, based upon his investigation, he finds any one or more of the following:

(1) Evidence shown that the permit applicant has deliberately falsified the application; or

(2) The permit applicant fails to furnish the information and documents required by this chapter; or

(3) The preceding record of such permit applicant reveals a conviction or a plea of nolo contendere or guilty to a misdemeanor or felony crime of moral turpitude; or

(4) The preceding record reveals that the permit applicant permitted, through an act of omission or commission, his or her employee or agent to engage in any type of offense, misdemeanor, or felony, involving moral turpitude. Under such circumstances, the conduct of the applicant's employee or agent, if such conduct resulted in a conviction or a plea of nolo contendere or guilty, will be considered imputed to the permit applicant for purposes of denial; or

(5) It determines that an inspection or investigation by the City Building Division, Police Department, or Fire Department reveals a deficiency, violation or course of conduct that endangers the peace, health, safety and general welfare of the public; or

(6) The operation as proposed by the applicant, if permitted, would not comply with all applicable laws including, but not limited to, the Anaheim Municipal Code; and

(7) The preceding record reveals that the permit applicant has conducted his business in an unethical or discourteous manner; or

(8) The applicant is not of the age of eighteen years or older;

(9) The applicant's fee schedules are more than fifteen percent above rates charged by the City of Anaheim's contracted Police Towing Services.

In the event the permit is denied by the Chief of Police, written notice of such denial shall be given to the applicant specifying the grounds for such denial. Notice of the denial of the permit shall be deemed to have been served upon personal service of the applicant or when deposited in the United States mails with postage prepaid and addressed to the applicant at his last known address. Such refusal to issue a permit may be appealed to the City Council under the procedures as set forth below.

Within thirty days from the date of denial, any person denied a permit pursuant to these provisions by the Chief of Police may appeal to the City Council in writing stating reasons why the permit should be granted. The City Council may grant or deny the permit, and such decision shall be final upon the application. Also, the City Council may elect, on its own motion, to review any determination of the Chief of Police granting or denying a permit.

All permits issued hereunder are nontransferable. (Ord. 4289 § 2 (part); December 1, 1981.)

.010 The Chief of Police may suspend or revoke the permit issued hereunder when he determines:

(1) That the permit holder violated, or permitted other persons to violate, through an act of omission or commission by the permit holder, any felony, any misdemeanor offense involving moral turpitude, or any act of discourteous or unethical conduct; or

(2) That the permit holder, his agent, or employee committed any violation of the Anaheim Municipal Code including, but not limited to, the provisions of Chapter 4.75; or

(3) That an inspection or investigation by the City Building Division, Police Department, or Fire Department reveals a deficiency, violation, or unethical or discourteous course of conduct that endangers the peace, health, safety or general welfare of the public; or

(4) That the permit holder employs tow truck operators under eighteen years of age; or

(5) That the permit holder has failed to notify the Anaheim Police Department, Traffic Bureau, in writing of the names, addresses, and driver's license numbers of any newly employed tow truck operators within fifteen days of their hire date, or failed to notify the Traffic Bureau within thirty days of any tow truck operator who is no longer employed by such permit holder.

.020 No permit shall be suspended or revoked pursuant to this chapter unless a hearing and notice of such proposed action has been given to the permit holder. Notice of such hearing shall be given in writing and served upon the permit holder at least five days prior to the date of hearing thereon. The notice shall state the ground of the complaint against the holder of such permit, or against the business carried on by the permit holder, and shall state the time and place where such hearing will be held.

.030 Said notice of hearing shall be served upon the permit holder by delivering the same to such person or by leaving such notice at the place of business or residence of the permit holder. If the permit holder cannot be found with due diligence and the service of such notice cannot be made in the manner herein provided, a copy of such notice shall be mailed, postage fully prepaid, addressed to the permit holder at his place of business or residence at least five days prior to the date of such hearing.

.040 The decision of the Chief of Police suspending or revoking any permit issued pursuant to this chapter may be appealed by the permit holder to the City Council by filing a written notice of appeal with the City Clerk within ten days following the date such decision is communicated to the permit holder by the Chief of Police. The City Council shall hold a hearing upon any timely filed appeal within thirty days of the date of filing thereof. Notice of such hearing shall be given to the permit holder by depositing the same in the course of transmission with the United States Postal Service, postage prepaid, at least ten days prior to the date of such hearing. The decision of the City Council shall be final.

.050 It is unlawful for any person to conduct or carry on the business of towing illegally parked vehicles from private property under a suspended or revoked permit until said permit has been reinstated by the Chief of Police or the City Council. However, the filing of a notice of appeal shall act to stay the effectiveness of any order suspending or revoking such permit pending a determination of such appeal by the City Council.

.060 The term "Chief of Police" as used in this section shall include any designated representative of the Chief of Police. (Ord. 4289 § 2 (part); December 1, 1981: Ord. 4558 § 3; December 11, 1984.)

Nothing herein shall constitute a waiver of the requirements for the issuance and possession of a business license. (Ord. 4289 § 2 (part); December 1, 1981.)

Subject to revocation or suspension, the permit shall expire after a term of two years. The permit may thereafter be renewed. Applications for renewal shall be subject to all provisions of the ordinance codified in this chapter. (Ord. 4289 § 2 (part); December 1, 1981.)

The provisions of this chapter shall be applicable to all persons and businesses described herein whether the herein described activities were established before or after the effective date of this chapter, except that those in business as of the date of the enactment of the ordinance codified in this chapter shall have thirty days to comply with the terms herein. (Ord. 4289 § 2 (part); December 1, 1981.)

Every person, whether acting as an individual owner, employee of the owner, operator or employee of the operator, or whether acting as a mere helper for the owner, employer or operator, or whether acting as a participant or worker in any way, who operates or conducts a towing service pursuant to this chapter without first obtaining a permit from the City of Anaheim or shall violate any provisions of this chapter, shall be guilty of a misdemeanor.

Any tow service establishment operated, conducted or maintained contrary to the provisions of this chapter is unlawful and a public nuisance, and the City Attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof, in the manner provided by law and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such tow services from the City of Anaheim and restrain and enjoin any person from operating, conducting or maintaining a tow service in the City of Anaheim contrary to the provisions of this chapter. (Ord. 4289 § 2 (part); December 1, 1981.)