§ 100.210 RULES OF OPERATION.

• (A) Request for services. Official Police Tow Services shall provide towing service when:

• (1) The owner or driver of a disabled vehicle is unable, or fails, to specify a garage or tow service; or

• (2) A disabled vehicle presents a hazard; or

• (3) An authorized Police Department employee requests a towing service for the purposes of storing or impounding a vehicle.

(B) Business hours. Official Police Tow Service's business office shall be located within the storage yard and attended at all times for servicing the public and the city from 8:00 a.m. to 5:00 p.m., Monday through Friday, except for the holidays of January 1, known as New Year's Day; third Monday in January, known as Dr. Martin Luther King Jr's Birthday; third Monday in February, known as Washington's Birthday/President's Day; last Monday in May, known as Memorial Day; July 4, known as Independence Day; first Monday in September, known as Labor Day; the second Monday in October, known as Columbus Day; November 11, known as Veteran's Day; fourth Thursday in

November, known as Thanksgiving Day; and December 25, known as Christmas Day. If January 1, July 4, November 11 or December 25 fall upon a Sunday, the Monday following is a holiday and if they fall upon Saturday, the preceding Friday is a holiday.

(C) Signs required.

(1) An Official Police Tow Service's business office shall have a sign posted including the company name, address, phone number, and hours of operation, clearly visible from the roadway.

(2) An Official Police Tow Service shall maintain a sign listing the rates and charges of all towing and storage services offered. Such rates sign shall be conspicuously placed in the business office or such other places where customer financial transactions take place.

(3) Each Official Police Tow Service shall comply with Cal. Vehicle Code § 27907 regarding signs on tow trucks.

(D) Release or availability of vehicles.

(1) An Official Police Tow Service may collect an additional charge for release of vehicles after normal business hours.

(2) An Official Police Tow Service shall release vehicles stored or impounded by the Police Department, pursuant to authorization provided by appropriate employees of the Police Department. Such authorization shall be in writing on a form provided by the Police Department.

(3) 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 adjustor, or any body shop or car dealer, for the purpose of estimating or appraising damages, except vehicles with a "HOLD FOR EVIDENCE" designation.

(E) Available on demand. An Official Police Tow Service must be available to promptly respond 24 hours a day, seven days a week, 365 days a year, to all requests by the city for towing services.

(F) Professional attire. All operators of an Official Police Tow Service responding to a request for towing service by the city and/or Police Department shall appear in appropriate business attire, which shall include a shirt with the company logo of the Official Police Tow Service. If an operator fails to appear in appropriate attire, the officer on the scene may refuse to allow the Official Police Tow Service to provide towing service at that time. However, the response by the Official Police Tow Service shall still be counted as a turn in the rotation system described in this chapter.

(G) Removal of hazards. After being dispatched by the city and/or Police Department to the scene, an Official Police Tow Service operator shall cooperate with the police officers in removing hazards and illegally parked vehicles as requested, including the complete cleanup of the scene by all Official Police Tow Service operators responding. It is the duty of the police officers to determine when such vehicle should be impounded or moved, and the Official Police Tow Service operator shall abide by their decisions. This requirement shall only apply to Official Police Tow Services summoned to a scene in response to an official request by the Police Department for tow services.

(H) Towing of city vehicles. Each Official Police Tow Service shall tow all city police vehicles free of charge within the city's corporate limits. City police vehicles outside the city’s corporate limits shall be towed at 75% of the established rates, as set forth in § 100.110(A) of this chapter. In addition, each Official Police Tow Service shall tow all other city vehicles, whether within or outside the city’s corporate limits, at 75% of the established rates, as set forth in § 100.110(A) of this chapter.

(I) Responsibility for own acts. Each Official Police Tow Service and its officers, employees and agents shall be responsible for their acts while performing duties pursuant to their respective franchise agreements as follows:

(1) The owners of Official Police Tow Service participating in towing assignments by the city and/or Police Department shall be responsible for the acts of their employees while on duty.

(2) Each participating Official Police Tow Service shall be responsible for damage to vehicles while in its possession caused by the active or passive negligence of that Official Police Tow Service.

(3) Each Official Police Tow Service shall be responsible for damage to persons or property caused by the active or passive negligence or wilful misconduct of its employees en route to or from a city request for tow services.

(4) Each Official Police Tow Service and its employees, drivers, and agents shall comply with all applicable federal, state, and local laws, including but not limited to all applicable provisions of the California Vehicle Code.

(J) Liability insurance. Each Official Police Tow Service shall procure and maintain, at its sole cost, a policy of public liability insurance in an amount and form acceptable to the city Risk Manager. Such liability policy shall be maintained in full force and effect for the entire term of the tow company's franchise agreement and proof of such public liability insurance shall be provided to the city on demand.

(K) Indemnity. Each Official Police Tow Service agrees to protect, indemnify, defend and hold harmless the city, its officers, agents and employees, from and against any and all claims, demands, or liability from or relating to loss, damage, or injury to persons or property in any manner whatsoever arising out of or incident to the Official Police Tow Service's franchise with the city or with the Official Police Tow Service's performance of work under such franchise, including, without limitation, all consequential damages caused in the preparation to respond to an official police request for towing services, in providing official police towing services and subsequent storage of vehicles, and in other related maintenance activities, whether such claims are caused by the negligence of the tow company or its agents and employees.

(L) Records and offices subject to inspection.

(1) All Official Police Tow Service's records, equipment, and storage facilities will be subject to periodic checks by the city and/or Police Department or other city investigators during normal business hours.

(2) Every Official Police Tow Service shall maintain all offices, storage facilities and equipment in a neat, clean and organized manner.

(3) Every Official Police Tow Service shall provide access to employees of the city at any time during normal business hours, for the purpose of inspection or audit to determine that the objectives and conditions of the Official Police Tow Service's franchise with the city are being fulfilled.

(4) An Official Police Tow Service shall record its time in and its time out on every tow truck assignment. Such records shall be available and open to city examination.

(M) Communications Requirements. All Official Police Tow Services shall comply with the following:

(1) Official Police Tow Service shall maintain a telephonic point of contact capable of receiving city requests for towing services 24 hours a day.

(2) Each Official Police Tow Service shall require its internal dispatch to retain data and records relating to the city's requests for towing services on premises for the term of the franchise.

(3) Each Official Police Tow Service shall require the telephonic point of contact to promptly accept and relay requests for towing services made by the city.

(4) Each Official Police Tow Service shall install and maintain at all times during the term of its franchise with the city, communications between their tow vehicle(s) and the official telephonic point of contact. This communication may be either by two way radio or cellular telephone.

(5) Each Official Police Tow Service shall maintain a 24 hour per day communication contact with their tow vehicle(s).

(6) Each Official Police Tow Service shall maintain a 24 hour per day telephone service to receive calls from the public.

(N) Vehicle storage facilities. Every Official Police Tow Service shall have a secure and environmentally safe vehicle storage facility with a minimum of 15,000 usable square feet.

(1) The vehicle storage facility must be located within the corporate city limits of the city.

(2) The vehicle storage facility must be completely enclosed by a six foot high wall or fence with no holes, gaps, or other unsecured openings, and a gate. The wall or fence shall have two or more strands of barbed wire installed in such a manner so as to discourage access over the top of the wall or fence, or the wall or fence shall be a minimum of eight feet in height without barbed wire. All gates into the storage yard shall meet the same standards required of the wall or fence. Any damage to walls, fences or gates which allows, or could potentially allow, unauthorized access to the vehicle storage facility must be repaired within 24 hours.

(3) The vehicle storage facility shall have adequate lighting, and comply with all applicable building codes, zoning regulations, environmental laws and regulations, and any and all other applicable laws, rules and regulations established by federal, state, county and city governments.

(4) Security at the vehicle storage facility shall be adequate to preclude theft, vandalism, or damage by activity while in the tow operator's establishment. The view to all vehicles must be obstructed from the roadway. No vehicles shall be left parked or stored on the public streets at any time. The Official Police Tow Service operator must provide off-street parking for its equipment and be able to accommodate at least four additional vehicles for customer parking. Storage vehicles should be secured away from the customer parking area and on-site office area.

(5) Each Official Police Tow Service operator shall conspicuously post a tag on the windshield of all vehicles ordered impounded by the Police Department. No vehicle ordered impounded by the Police Department shall be released by the Official Police Tow Service operator until said operator has verified that the applicable city release charges have been paid and obtained written authorization from the Police Department to release a particular vehicle.

(6) Each vehicle storage facility must have adequate storage facilities to provide storage of four vehicles within an enclosed area, totally protected from the weather, contamination or handling by unauthorized person(s). The Police Department will designate when a vehicle is to be placed into inside storage and may place a seal on each door of the vehicle and/or door(s) of the impound facility. Vehicles placed into inside storage shall not be removed therefrom without written authorization from the Police Department.

(7) Each vehicle storage facility must provide an inspection area for authorized members of the Police Department. Such area shall have, at a minimum, a covered inspection area (roof) with a paved (concrete or asphalt) surface, and an inspection pit or vehicle lift.

(8) No Official Police Tow Service shall perform any work upon any vehicle stored or impounded by the Police Department without first obtaining written authorization from the Police Department and the registered owner of the vehicle.

(9) Each Official Police Tow Service shall not dispose of any vehicle stored or impounded by official request of the Police Department, through any process whatsoever, without first obtaining written authorization from the Police Department to dispose of the vehicle.

(O) Unclaimed vehicles. When disposing of unclaimed vehicles, Official Police Tow Services shall abide by all federal, state and local laws pertaining thereto.

(P) Official storage lot. 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 established by resolution of the City Council.

(Ord. 1161, passed 7-12-00; Am. Ord. 1407, passed 3-7-18)