Beverly Hills Municipal Code Art. 14 Vehicle Towing Services

No person shall engage in, conduct, or carry on a "vehicle towing service" without a permit issued under the provisions of chapter 1, article 1 of this title. (1962 Code § 6-21.101 et seq.)

EMERGENCY TOWING: Means and includes the towing of a vehicle when authorized by the California Vehicle Code or other law and requested by an officer of the city's police department, or any officer or employee of the city manager's office, fire department or transportation department who is authorized to do so pursuant to section 1-3-201 of this code.

HEAVY DUTY TOW: The towing of a vehicle described in California Vehicle Code section 34500.

LIGHT DUTY TOW: The towing of a vehicle that does not fall within the description set forth in California Vehicle Code section 34500.

NONEMERGENCY TOWING: Includes, but is not limited to, the towing of a vehicle when: a) the vehicle has been involved in a collision and is inoperative; b) the vehicle has experienced mechanical failure but has been removed from traffic lanes and no longer constitutes a hazard; c) the vehicle is mechanically inoperative and is towed for convenience; or d) such towing is authorized by the California Vehicle Code and is requested by an officer of the city's police department, or any officer or employee of the city manager's office, fire department or transportation department who is authorized to do so pursuant to section 1-3-201 of this code.

VEHICLE TOWING SERVICE: The activity of towing vehicles for compensation within the city, including the storing of vehicles and all other services performed incident to towing. (1962 Code § 6-21.101 et seq.; amd. Ord. 95-O-2244, eff. 9-1-1995; Ord. 02-O-2401, eff. 6-20-2002)

The provisions of this article shall not be applicable to the following:

A. Tow service which is exclusively to members of an association, automobile club, or similar organization and receives remuneration only from the sponsoring association, automobile club, or similar organization;

B. Tow service furnished without charges or fee for other vehicles owned or operated by the individual or organization furnishing the tow service;

C. Tow service for other vehicles owned or operated by the individual or organization furnishing the tow service, but which are being operated under the terms of a rent or lease agreement or contract, and such towing is performed on a nonprofit basis or such fee is part of the rent or lease agreement or contract;

D. A vehicle towing service operating from outside of city boundaries which enter the city on a nonemergency towing assignment for the purpose of towing a disabled vehicle to a location outside of the city for repair. (1962 Code § 6-21.101 et seq.)

Any vehicle towing service shall not:

A. Respond to, undertake, or interfere with any police request for emergency towing, unless such vehicle towing service has received authorization from the city by means of a resolution, ordinance, or contract with the city to perform such services for the city.

B. Attach a vehicle to a tow unit on a nonemergency towing assignment without first receiving written authorization to do so by the registered owner, legal owner, driver, or other person in control of such vehicle. Such authorization shall list the services offered and the rates and charges required therefor, and a copy of such authorization shall be furnished to the person authorizing the tow. Such copy shall list the name, address, and telephone number of the vehicle towing operation, and the days and hours the business is open for the release of vehicles. Such copy shall be signed by the tow unit operator performing the authorized service.

C. Make any repairs or alterations to a vehicle without first being authorized by the legal owner, the registered owner, or insurance carrier of the legal or registered owner, or the authorized agent of the legal owner, registered owner or insurance carrier. Parts or accessories shall not be removed from any vehicle without authorization except as necessary for security purposes, and the parts or accessories removed shall be listed on the itemized statement which shall be kept in the business office of the vehicle towing service. The provisions of this section shall not be construed to prohibit permittees from making emergency alterations or repairs necessary to permit towing of such vehicle. (1962 Code § 6-21.101 et seq.)

In addition to the criteria set forth in section 4-1-103 of this title, the permit shall be issued if a vehicle towing service maintains a business office and storage yard that complies with each of the following requirements:

A. A vehicle towing service that performs light duty tow, or light duty tow and heavy duty tow shall maintain a business office and adjacent vehicle storage yard within seven (7) miles of the city boundaries, or such greater distance as approved by the chief of police. A vehicle towing service that does not provide city with light duty tow shall maintain a business office and adjacent vehicle storage yard within a distance determined by the police chief at the time that its vehicle towing service permit is issued.

B. Ensure a safe, secure, and convenient physical location and environment for vehicle storage.

C. A vehicle towing service that provides light duty tow shall provide a storage yard with storage capacity for a minimum of forty (40) vehicles. A vehicle towing service that does not provide city with light duty tow shall maintain a storage yard with storage capacity to be determined by the police chief at the time that its vehicle towing service permit is issued.

D. Whenever the storage yard is unattended, it shall be patrolled by at least one dog trained as a guard dog or shall have other security systems approved by the police chief at the time that its vehicle towing service permit is issued.

E. Provide a minimum average lighting intensity in the storage yard of three-fourths (3/4) foot-candle at all times.

F. Additional vehicle storage yards that do not comply with the provisions of this section may be maintained by the permittee provided any such additional yards are approved in writing and subject to the written conditions of the police chief. (1962 Code § 6-21.101 et seq.; amd. Ord. 02-O-2401, eff. 6-20-2002; Ord. 12-O-2631, eff. 10-12-2012)

A. Applicants for vehicle towing service permits shall file a schedule of rates and charges for each service offered with their application. No charge other than the rates and charges specified in such schedule shall be made, except as provided in this chapter.

B. A schedule of rates and charges shall be posted and maintained listing the rates and charges of all services offered. Such signs shall be conspicuously posted in the office or other place where customer financial transactions occur. The letters on such signs shall be a minimum of one inch (1") high with one-fourth inch (1/4") stroke. The letters shall be a contrasting color from the background.

C. Changes in rates and charges may be made by written notice to the police chief setting forth the new schedule of rates and charges. Such notice shall be filed with the police chief a minimum of ten (10) days prior to the effective date of such charges. A duplicate copy of such notice shall be posted for a period of ten (10) days in the office next to the posted schedule of the existing rates and charges. Upon the expiration of the ten (10) day period, the existing rates and charges may be changed in accordance with such notice.

D. An itemized statement of charges shall be furnished without charge by permittee to the following persons or their agents: any person authorizing towing service, the registered or legal owner of the vehicle, or the insurance carrier of either the registered or legal owner. (1962 Code § 6-21.101 et seq.)

Any vehicle towing service shall provide continuous operations, twenty four (24) hours per day, seven (7) days per week, including holidays. Facilities shall be open and available for release of vehicles, at a minimum, between the hours of nine o'clock (9:00) A.M. through four o'clock (4:00) P.M. of each day Monday through Friday, excluding holidays. (1962 Code § 6-21.101 et seq.)

Permittee shall at all times allow authorized police personnel inspection of the permittee's premises and towing equipment. (1962 Code § 6-21.101 et seq.)

Upon issuance of the permit, and at all times that the permit is in effect, the permittee shall maintain public liability insurance covering permittee's operations in an amount not less than one million dollars ($1,000,000.00). The insurance shall comply with the provisions of title 3, chapter 4 of this code. (1962 Code § 6-21.101 et seq.)

In addition to the grounds for revocation set forth in section 4-1-107 of this title, a permit issued under this article may be revoked for the following reasons:

A. The permittee maintained or operated vehicles used for towing operations in an unsafe manner;

B. The permittee, his agents, or employees obtained a tow contract by use of fraud, trickery, dishonesty, or forgery;

C. The permittee, his agents, or employees stopped on any street, highway, or other public thoroughfare to render vehicle towing service to a person or disabled vehicle without first being requested to do so;

D. The permittee, his agents, or employees towed a vehicle to a location other than designated as the business address of such permittee without first receiving authorization to do so by the person authorizing the tow;

E. The permittee, his agents, or employees, after towing a vehicle to the business location of the permittee without authorization, towed such vehicle to another location for storage;

F. The permittee, his agents, or employees conspired with any person to defraud any owner of any vehicle, or any insurance company, or any other person financially interested in the cost of the towing or storage of any vehicle by making false or deceptive statements relating to the towing or storage of any vehicle;

G. The permittee, his agents, or employees removed a vehicle involved in a collision prior to the arrival of the police, and a person, as a result of such collision, suffered death or injury, or the driver of an involved vehicle, or a party to such collision, was under the influence of an intoxicant of any nature, or there is evidence that such vehicle was involved in a hit and run collision;

H. The permittee, his agents, or employees charged for services not performed, equipment not employed or used, services or equipment not needed, or otherwise materially misstated the nature of any service performed or equipment used. (1962 Code § 6-21.101 et seq.)

The permittee and all persons employed by permittee in vehicle towing operations shall obtain an identification card issued under the provisions of chapter 1, article 2 of this title. The applicant for an identification card under this article shall be at least eighteen (18) years of age and shall possess a valid driver's license issued by the state of California. In addition to the criteria set forth in section 4-1-203 of this title, the police chief shall deny the identification card if the applicant:

A. Has been convicted of reckless driving or driving under the influence of alcohol or narcotics within seven (7) years preceding filing of the application.

B. Has been convicted of a moving traffic violation within one year preceding filing of the application.

C. Has physical impairments which create an unreasonable risk to persons or property in the performance of vehicle towing operations.

D. When one or more of the findings is negative to the applicant, an identification card may be conditionally issued to the applicant where unique circumstances exist, and provided that appropriate conditions are imposed to protect the public health, welfare, and safety. (1962 Code § 6-21.101 et seq.)

Any identification card issued under this article shall be automatically revoked upon the suspension or revocation of the cardholder's California driver's license. (1962 Code § 6-21.101 et seq.)

A. Where the identification card is denied pursuant to section 4-2-1411 of this article, the applicant has fourteen (14) days from the date of the denial to appeal the decision to the transportation official for a hearing.

B. Prior to the suspension or revocation of an identification card, the holder of the identification card shall be notified in writing of the grounds for suspension or revocation, and a hearing before the transportation official shall be held thereon. Notice of the hearing shall be given at least ten (10) days prior to such hearing.

C. Where the identification card is automatically revoked pursuant to section 4-2-1412 of this article, the identification card holder shall be notified in writing of the grounds for the automatic revocation and the identification card holder has seven (7) days from the date of the automatic revocation to appeal the decision to the transportation official for a hearing. (Ord. 02-O-2401, eff. 6-20-2002)

The decision of the transportation official regarding the denial, suspension or revocation of the identification card shall be rendered within five (5) days of the hearing. The decision shall be in writing, and shall set forth the findings and reasons for the decision, and the applicant or holder of the identification card shall be notified in writing in accordance with title 1, chapter 5, article 1 of this code. (Ord. 02-O-2401, eff. 6-20-2002)

Any final decision of the transportation official denying, suspending or revoking an identification card under this article, may be appealed to the traffic and parking commission. Any appeal shall be filed with the transportation official within fourteen (14) days of the decision by the transportation official. The traffic and parking commission shall hold a hearing on the appeal, and the appellant shall be given at least ten (10) days' notice of such hearing. The hearing shall be held under the rules of procedure adopted by the traffic and parking commission. The traffic and parking commission shall have the authority to sustain, modify, or overrule the decision of the transportation official. The decision shall be in writing, shall set forth the reasons for the decision and the appellant shall be notified in writing in accordance with title 1, chapter 5, article 1 of this code. Any decision rendered by the traffic and parking commission under this section shall be final and shall not be appealable to city council. (Ord. 02-O-2401, eff. 6-20-2002)