Buena Park Municipal Code Ch. 5.48 Towing Services

The provisions of this chapter shall apply to all police initiated tow operations and, except as otherwise specified shall have no application to consensual or non-consensual tow operations initiated by a private party.

(Ord. 1705 § 2, 2022)

As used in this chapter:

"Chief of police"

means the chief of police of the police department, or his/her designee.

"City"

means the city of Buena Park.

"City council"

means the city council of the city.

"City manager"

means the city manager of the city, or his/her designee.

"Consensual tow"

means the towing of a vehicle at the vehicle owner's or lawful operator's request.

"Franchise agreement" or "agreement"

shall mean a franchise agreement awarded by the city council to a tow operator under the provisions of this chapter to provide police initiated tow operations to the police department.

"Guidelines"

means the official policies and procedures of the police department governing police initiated tow operations and/or tow operations generally.

"Non-consensual tow"

means the towing of a vehicle without the vehicle owner's or lawful operator's consent.

"Police department"

means the police department of the city, or any authorized representative thereof.

"Police initiated tow operations"

means towing a vehicle at the request of the police department, including without limitation, vehicle impounds and no-preference vehicle tows. "No-preference tow" means the towing of a vehicle at the request of the police department where no violation of law has occurred such that would require a vehicle impound, including for example, and without limitation, the towing of a vehicle from the scene of an accident where the driver of the vehicle to be towed is not incapacitated and has not requested a AAA tow or specific tow company.

"Police tow franchisee" or "franchisee"

means a tow operator that has been awarded a franchise by the city council under the provisions of this chapter to provide police initiated tow operations to the police department, and includes any agents, tow operator, tow unit drivers, or employees of a franchisee, together with any operator, director, officer, stockholder, general manager, or person who is exercising managerial authority on behalf of a franchisee.

"Tow operations"

means any activity of towing and/or storing of vehicles for compensation within the city, including the removal of vehicles from private property and the performance of other services incidental to towing, and shall include without limitation police initiated tow operations performed by a police tow franchisee.

"Tow operator"

means an individual person, entity, group of persons, or a business that performs tow services in the city, and includes a "tow operator's" agents, assignees, tow unit drivers, or employees.

"Tow unit"

means any vehicle that is used in tow operations.

"Tow unit driver"

means the driver of a tow unit.

"Vehicle Code"

means the California Vehicle Code.

(Ord. 1705 § 2, 2022)

Except as otherwise specified in this chapter, it is unlawful for any person to solicit or perform police initiated tow operations in the city unless: (A) a franchise for the police initiated tow operations has been granted pursuant to the provisions of this chapter; (B) the tow operator is a police tow franchisee; and (C) such franchise is in full force and effect at the time the tow operations are solicited or performed.

(Ord. 1705 § 2, 2022)

A. The city may, from time to time, and in accordance with the provisions of this chapter, solicit and award a franchise to a tow operator for the provision of police initiated tow operations to the police department.

B. The term of a franchise agreement awarded under this chapter shall not exceed ten years. The city may, in its discretion, award and maintain up to three such franchise agreements at any one time, and in the event of multiple franchisees the police department shall rotate calls for towing services among them on an equitable basis.

C. The city's award of a franchise agreement under this chapter shall be on a competitive basis. Prior to the city council's award of a franchise agreement, the city manager shall prepare and advertise a request for proposals from tow operators to perform and provide police initiated tow operations to the police department. The notice requesting proposals shall be published once at least thirty days before the date for the opening of proposals, with such publication occurring in a newspaper of general circulation; or if none, the notice shall be posted in at least three places in the city that have been designated by ordinance as the place for posting public notices.

D. Police tow franchisees shall comply will the provisions of this chapter, the guidelines, the terms and conditions of the franchise agreement, applicable state law, and any amendments made to the foregoing from time to time.

E. The city may, at its option, operate its own vehicle storage yard for vehicles that have been impounded for thirty days pursuant to Section 14602.6(a) of the Vehicle Code.

(Ord. 1705 § 2, 2022)

Each franchisee shall pay a franchise fee in such amount as may be established from time to time by resolution of the city council, subject to limitations of applicable California law. Any franchise fee remaining unpaid on the stated due date shall be subject to a late penalty and interest in the amounts established by resolution of the city council. The city may require a performance or security bond as part of the franchise agreement to ensure payment of franchise fee amounts.

(Ord. 1705 § 2, 2022)

A. Any of the following by a franchisee shall be a violation of this chapter and shall be grounds for immediate suspension of a franchise agreement, or termination of the agreement in accordance with the terms and conditions of said agreement:

1. Failure to obtain or maintain the liability insurance coverage in the types and amounts required by this chapter or in any additional types amounts that may be required by the agreement, or the franchisee has allowed its insurance coverage to lapse or be cancelled, or otherwise fails to provide satisfactory evidence of such insurance to the chief of police.

2. Violation of any rule, regulation, or condition set forth in or authorized by this chapter.

3. Violation of any laws of the state or city, including zoning laws, with respect to the operation of the business by the franchisee.

4. Failure to comply with the regulations set forth in the franchise agreement or any provisions of the guidelines.

5. If any of a franchisee's employees, or any person connected or associated with the franchisee as an operator, director, officer, stockholder, general manager, or person who is exercising managerial authority on behalf of the franchisee, has committed any one of the following acts:

a. Had an inspection or investigation by the police department, Orange County Fire Authority, or city's building official which reveals a deficiency, violation or conduct in franchisee's facilities or tow operations that endangers the peace, health, safety and general welfare of the public;

b. Employs tow unit drivers that are under eighteen years of age;

c. Fails to notify the police department in writing of the name, address and driver's license number of any newly employed tow unit driver within ten business days of the hire date, or fails to notify the police department within ten business days of any tow unit driver who is no longer employed by the franchisee;

d. Fails to obtain and maintain a current city business license;

e. Has allowed a tow unit driver satisfying any of the following criteria to remain employed as a driver: (i) a record of excessive violations of the Vehicle Code resulting in the suspension or revocation of their driver's license; or (ii) a conviction for driving under the influence, reckless driving, or wet reckless within the last three years;

f. Fails to maintain control of any personal property, vehicle accessories and vehicles that have been towed;

g. Has knowingly made false, misleading or fraudulent statements of material fact in a report or record required to be filed with the police department or other law enforcement agency, or in any document filed or submitted to the city in connection with applying for a franchise or complying with the terms or conditions of this chapter or a franchise agreement;

h. Has stopped and solicited on any street, highway or public thoroughfare the rendering of assistance to a person or disabled vehicle without first being requested to do so, except to render emergency aid under circumstances of imminent risk to life or property;

i. Has released a vehicle that has been impounded for evidence purposes, or is subject to a thirty-day hold pursuant to Vehicle Code Section 14602.6(a), without the prior written authorization of the chief of police. In addition to other remedies, any violation of this paragraph is subject to a fine of no less than two hundred fifty dollars and no more than one thousand dollars, and/or to six months in jail.

B. Any of the following acts by franchisee, or any employee or other person connected or associated with franchisee as an operator, director, officer, stockholder, general manager, or person who is exercising managerial authority on behalf of franchisee, shall be grounds for the immediate suspension or termination of the franchise agreement:

1. Has been convicted of a felony or any crime involving theft, embezzlement, stolen property, fraud or crimes of violence within the last five years.

2. Has committed any false, fraudulent, deceptive or dangerous act while conducting towing service business.

3. Has published, uttered or disseminated any false, deceptive or misleading statements or advertisement in connection with tow operations.

4. Has conducted tow operations in a manner contrary to the peace, health, safety and general welfare of the public.

5. Has violated or permitted other persons to commit, through an act of omission or commission, any felony or misdemeanor crime involving registerable sexual offenses (pursuant to Penal Code Section 290).

6. Has committed or permitted other persons to commit, through an act of omission or commission, any felony or misdemeanor crime involving moral turpitude, or a felony involving sale or use of a controlled substance, or any act of dishonesty or fraud within the last five years.

7. Fails to comply with any Vehicle Code, federal, state, or county regulations and laws relating to towing and/or storing of vehicles, including the impounding and storing of vehicles from private property.

8. Has obtained a tow franchise by use of fraud, trick, dishonesty or forgery.

9. Has failed to correct any deficiencies or equipment violations within ten days following notice by the police department to the franchisee of the deficiencies or equipment violations. This subsection shall not apply to unsafe vehicles, as referenced in Vehicle Code Sections 2800(d), 24002, and 24004.

10. Has recommended or promoted the services of any body shop, repair shop or any other business to the owner or driver of any vehicle prior to hooking the vehicle, during the tow or while in the tow operator's custody.

(Ord. 1705 § 2, 2022)

A. Any police tow franchisee shall maintain a physical location from which the business is conducted. The physical location shall provide an office with an adjacent yard for vehicle storage. The location, which must be within a five mile radius of Buena Park City Hall, 6650 Beach Boulevard, Buena Park, CA 90621, shall be approved by the chief of police, prior to a franchise being awarded. A police tow franchisee may establish and maintain an additional location within the city as a yard for vehicle storage, provided that the franchisee has obtained the chief of police's written approval for such additional location.

B. No police tow franchisee shall store any vehicle towed pursuant to its agreement with the city at a location other than the one(s) specified in the agreement with the city.

C. Where no conflict exists with the city's zoning regulations or other provisions of this code, the chief of police may approve in writing a change of location. To obtain such approval, a change of location form must be submitted to be approved by the chief of police.

(Ord. 1705 § 2, 2022)

A. A police tow franchisee's rates for towing and storage of vehicles under the agreement with the city shall not exceed the rates established by city council resolution, and shall be incorporated into the agreement upon approval by the city council. The police tow operator's rates may be subject to periodic automatic increases or adjustments at the rates and in the amounts set forth in the franchise agreement, and shall at all times be subject to any limitations or restrictions imposed by this chapter or applicable California law.

B. A police tow franchisee shall not charge for services not performed, service or equipment not employed, used or needed, or otherwise materially misstate the nature of any service performed or equipment used.

C. A police tow franchisee shall maintain on file with the police department a current schedule of rates and charges for each offered service. No charges other than the rates and charges specified in such schedule shall be made.

D. A police tow franchisee shall make available for inspection and copying his or her rate schedule within twenty-four hours of a request without a warrant to the police department, any law enforcement agency or officer, the Attorney General, district attorney, or the city attorney.

E. A police tow franchisee shall post and maintain, conspicuously, in the operator's business office and/or at any location where customers' financial transactions take place, a list of the rates and charges for all services offered.

F. Each tow unit shall carry a printed copy of the current rate schedule, listing the charge rates for each service provided by the tow operator for the general public.

G. When requested, the tow unit driver shall allow a vehicle owner or operator whose car is being towed or stored, a police officer, or the city, to review the rate list.

H. Rates for lien fees are to comply with Vehicle Code Section 22851.12.

I. Payment of tow fees shall be accepted as prescribed within Vehicle Code 22651.07 by cash, insurer's check or a valid bank card, or, at the option of the tow operator, by check or other acceptable form of payment.

1. A police tow franchisee shall accept a valid credit card or cash for payment of towing and storage by a registered owner or the owner's agent claiming the vehicle. "Credit card" means "credit card" as defined in subdivision (a) of Section 1747.02 of the Civil Code, except for the purposes of this section, credit card does not include a credit card issued by a retail seller.

2. A police tow franchisee shall conspicuously display, in that portion of the storage facility office where business is conducted with the public, the notice required by Vehicle Code Section 22561.07(e).

3. Credit charges for towing and storage services shall comply with Section 1748.1 of the Civil Code.

J. The police tow franchisee shall keep a reasonable amount of cash on hand to make change for cash transactions during normal business hours.

K. The police tow franchisee shall not condition the release of personal property in any manner unless expressly authorized to do so by Vehicle Code Section 22651.07.

(Ord. 1705 § 2, 2022)

The following rules and regulations shall be observed by the police tow franchisee:

A. Notwithstanding any other provision of this code, the police tow franchisee shall not release any vehicle that was impounded as evidence, or for a thirty-day hold pursuant to Section 14602.6(a) of the Vehicle Code, without written permission of the Buena Park police department.

B. If a vehicle is released within twenty-four hours from the time the vehicle is brought into the storage facility, regardless of the calendar date, the storage charge shall be for only one day.

C. If a request to release a vehicle is made and the appropriate fees are tendered and documentation establishing that the person requesting release is entitled to possession of the vehicle, or is the owner's insurance representative, is presented within the initial twenty-four hours of storage, and the storage facility fails to comply with the request to release the vehicle or is not open for business during normal business hours, then only one day's storage charge may be required to be paid. A business day is any day in which the police tow franchisee is open for business to the public for at least eight hours. If a request is made more than twenty-four hours after the vehicle is placed in storage, charges may be imposed on a full calendar day basis for each day, or part thereof, that the vehicle is in storage.

D. A vehicle shall not be removed to a location other than that listed as the business address of such police tow franchisee without first receiving authorization to do so by the police department.

E. A police tow franchisee shall not conspire with any person to defraud any owner of any vehicle, or any insurance company, or any 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.

F. A police tow franchisee shall not remove a vehicle involved in a collision prior to the arrival of the police department in the event of any of the following:

1. A person, as a result of such collision, suffered death or injury;

2. The driver of an involved vehicle, or a party to such collision, was under the influence of a drug or intoxicant of any nature; or

3. There is evidence that such vehicle was involved in a hit and run collision.

(Ord. 1705 § 2, 2022)

A vehicle removed pursuant to this chapter shall be stored in a facility that meets all of the following requirements:

A. Shall remain open during normal business hours and releases vehicles after normal business hours.

1. A gate fee may be charged for releasing a vehicle after normal business hours, weekends, and state holidays. However, the maximum hourly charge for releasing a vehicle after normal business hours shall be one-half of the hourly tow rate charged for initially towing the vehicle, or less.

2. Notwithstanding any other provision of law and for purposes of this paragraph, "normal business hours" are Monday to Friday, inclusive, from eight a.m. to six p.m., except state and federal holidays.

B. Shall be adequately fenced with gates locked and secured and reasonably well-lit to maintain a maximum of security for stored and impounded vehicles. Perimeter gates and fencing shall be maintained to ensure security and discourage unauthorized access.

C. All vehicle storage lots must be inspected and approved by the police department.

D. Open area storage yard(s) shall comply with all requirements of the zoning and building codes of the jurisdiction of the facility.

E. Shall have a working public pay telephone in the office area that is open and accessible to the public.

F. The franchisee shall repair any damage to wall structures and fences within twenty-four hours to ensure proper protection for the stored/impounded vehicles. Notwithstanding the foregoing, if the damage can allow the security of the facility to be breached, the damage must be repaired or security personnel posted at the site of the damage immediately upon the discovery of the damage.

G. Prior to the utilization of a new storage facility that meets the requirements of the Buena Park Municipal Code and Zoning Code, the tow service operator shall obtain the approval of the chief of police or his/her designee and furnish the new address thirty days in advance for inspection.

H. All vehicles impounded for evidence purposes shall be stored in an enclosed and secured facility that is maintained pursuant to best practices and requirements of the police department, including appropriate chain of custody documentation, to preserve evidence. Any damage to the enclosure and/or locking mechanisms shall be repaired immediately, with such damage and repair documented and reported immediately to the police department. The police tow franchisee shall ensure that only authorized personnel and the police department shall have access to the facility, and that the police tow franchisee's personnel shall not tamper in any manner whatsoever with vehicles stored for evidence purposes.

(Ord. 1705 § 2, 2022)

A. All police tow franchisee's towing vehicles, equipment, and facilities shall be subject to inspection during normal business hours by the police department and upon reasonable advance written notice to the franchisee. In addition, a police tow franchisee's tow units, equipment, and/or facilities may be inspected at any time, with or without cause, with or without notice, by the police department, or its designated agent.

B. If any deficiencies or equipment violations are discovered during an inspection, the police tow franchisee will be so advised in writing. The police tow franchisee will be given ten business days to rectify the deficiency or violation. Failure to comply may result in the franchise agreement being suspended until all violations are corrected. Notwithstanding the foregoing, if, in the opinion of the police department, the deficiencies or equipment violations which are discovered prevent any vehicle from being operated in a safe manner, the police department may direct that the unsafe vehicle(s) be taken out of service. Failure to comply will result in a franchisee's franchise agreement being suspended until the unsafe vehicle(s) passes inspection.

(Ord. 1705 § 2, 2022)

In the performance of tow services for the city, the franchisee shall act and be an independent contractor and not an agent or employee of the city, and shall obtain no rights or any benefits that accrue to employees of the police department or city.

(Ord. 1705 § 2, 2022)

The police tow franchisee shall not be permitted to subcontract services provided under or covered by the franchise agreement.

(Ord. 1705 § 2, 2022)

A. Each police tow franchisee shall file with the police department the name, address, date of birth, driver's license number, and all other information required of any tow unit driver employed by the franchise holder subsequent to the date of the franchise application, which information shall be filed not later than ten business days following the effective date of hiring.

B. Each police tow franchisee shall notify the police department of the name of any tow unit driver no longer employed by any franchisee. This notification shall be given to the police department no later than ten business days following the last date of the driver's employment by the franchisee.

(Ord. 1705 § 2, 2022)

Tow unit drivers for all police initiated tow operators shall be proficient in the use of the tow unit and related equipment they are operating, including, but not limited to, lockout tools, to the extent necessary for the safe towing and recovery of various types of vehicles. It is the responsibility of the police tow franchisee to ensure its drivers are qualified and competent employees. The training procedures must be in writing and the police tow franchisee must provide a copy to the police department upon request.

(Ord. 1705 § 2, 2022)

No police tow franchisee shall drive or operate a tow unit, or cause the same to be driven or operated in the city, unless there is on file with the chief of police and the city's risk management department, and in full force and effect at all times while such tow unit is being operated, a policy of insurance, or satisfactory evidence of such insurance, approved by the risk manager, evidencing that the certificate holder is insured under a policy of liability insurance for personal injury, including death and property damage, providing minimum coverage of the amounts set forth in the franchise agreement. The police tow franchisee's policy of insurance shall be executed by a company duly licensed under the laws of the state of California to be an insurance business. Annual or periodic renewal certificates shall be filed with the risk management department and with the chief of police upon renewal or change in coverage.

(Ord. 1705 § 2, 2022)

The police department shall charge a fee to effect the release of a vehicle that has been impounded and/or stored by the police department, with the amount of the fee to be established by city council resolution.

(Ord. 1705 § 2, 2022)

A. Notwithstanding Section 5.48.010, this section shall apply to non-consensual towing operations that result in the removal of an illegally parked vehicle from private property.

B. Before authorizing a tow operator to remove any illegally parked vehicle from private property, the owner or person in lawful possession of the private property must notify the police department of the following:

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

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

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

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

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

C. It is the responsibility of the tow operator to ensure the 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.

D. The owner or person in lawful possession of such property shall give or cause to be given notice in writing to the registered and legal owner of the vehicle of the fact of such removal, and the reason for the removal, and to indicate the place to which the vehicle was removed, if such person knows or is able to ascertain such information from the records of the Department of Motor Vehicles. The mileage of the vehicle at the time of removal must also be reported to the registered owner of the vehicle.

E. If the owner or person in lawful possession of the property is unable to comply with the above notification, full compliance with Section 22853 of the Vehicle Code or any successor provision thereto shall be completed.

F. 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.

G. A tow operator shall not tow from private property unless the private property has displayed signs visible from twenty-five feet at each vehicular entrance and exit. There shall also be displayed one additional sign, visible from twenty-five feet, for each twenty-two thousand five hundred square feet of parking area. Each sign shall contain the following message:

The minimum size of these signs shall be seventeen inches by twenty-two inches with lettering announcing the restricted parking being a minimum of two inches in height.

(Ord. 1705 § 2, 2022)

A. Every person, whether acting as an individual owner, employee of the owner, operator or employee of the operator, or whether acting as a participant or worker in any way, who operates or conducts a police tow service in violation of any provision of this chapter, shall be guilty of a misdemeanor.

B. Each person shall be guilty of a separate offense for each and every day, or portion thereof, during which any violation of any of the provisions of this chapter is committed, continued, or permitted to be committed or continued.

C. Any tow operator establishment operated, conducted or maintained contrary to the provisions of this chapter is unlawful and will be considered a public nuisance. The city attorney may prosecute a criminal action hereunder, or commence an action or actions in any manner provided by law. The city attorney may take any action deemed necessary and may apply to such court or courts having jurisdiction to grant such relief to abate or remove such tow operators from the city.

D. Nothing in this chapter shall absolve a tow operator from any civil and/or criminal liability incurred by the failure of the tow operator or his/her agents and employees to comply with the provisions of the Vehicle Code. All civil or criminal remedies under the Vehicle Code shall be in addition to all penalties under this chapter.

(Ord. 1705 § 2, 2022)