Burbank Municipal Code Art. 5 Vehicle Towing Services

A. Tow Operation Defined: As used in this article, “tow operation” means the activity of towing vehicles within the City of Burbank. Tow operation includes the storing of vehicles and all other services performed incidental to towing.

B. Exemptions: The provisions of this section shall not apply to any tow operation:

1. That provides towing service exclusively to members of an association, automobile club or similar organization, and receives remuneration only from the sponsoring association, automobile club or similar organization;

2. That provides towing service without charge or fee for other vehicles owned or operated by the individual or organization furnishing tow service;

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

4. That, being located in another city, enters the City of Burbank on a towing assignment for the purpose of towing a disabled vehicle out of the City of Burbank for repair.

C. Tow Unit Operator Defined: As used in this article, “tow unit operator” means the activity of driving or operating a tow unit for the purpose of towing vehicles within the City of Burbank.

D. Police Department to Issue Rules: The Burbank Police Department shall issue “Rules Governing Tow Operations And Tow Operators”. [Added by Ord. No. 3405, eff. 7/29/95.]

Every person engaged in the business of owning or operating a tow operation in the City of Burbank shall pay an annual prorated license fee as established by the City of Burbank Fee Resolution. [Added by Ord. No. 3405, eff. 7/29/95.]

It shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted, or carried on, upon any premises in the City, a tow operation, as herein defined, without first obtaining a permit to do so from the Community Development Department upon approval of the Burbank Police Department.

A. Permit Fee: Applicants for a permit hereunder shall pay a nonrefundable permit application fee as established by the City of Burbank Fee Resolution.

B. Application for Permit; Contents: Any person desiring to obtain a permit to operate a tow operation shall make an application under penalty of perjury to the Community Development Department, which application shall be submitted in duplicate and shall contain the following information:

1. If the applicant is a corporation or partnership, it shall designate one of its officers or general partners to act as its responsible managing officer, and such person shall complete and sign all application forms required by the Community Development Department.

2. If the applicant is a partnership, there shall be submitted a copy of any partnership agreement, which shall be certified by the responsible managing officer.

3. If the applicant is a limited partnership, there shall be submitted a copy of the limited partnership agreement, if any, and the certificate of limited partnership as filed with the County Clerk, which documents shall be certified by the responsible managing officer.

4. If the applicant is a corporation, or a partner of any partnership is a corporation, then the name of the corporation shall be set forth exactly as shown in the Articles of Incorporation, together with any authorizations to issue or transfer stock, as well as proof that said corporation is in good standing and, if a foreign corporation, duly authorized to transact business in the State of California.

5. The exact name, including any fictitious name, if applicable, under which the business is to be operated.

6. A description of the service or services to be provided, the address of the proposed location, and the facilities thereof.

7. A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant.

8. A description of any other business located on the same premises as the tow operation.

9. The names and residence addresses of all tow operators who are or will be employed, or acting as independent contractors, in the tow operation.

10. The tow operation or similar business license history of the applicant; whether such person, in previously operating in this or another city or state, has had a business license or permit revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation.

11. Every applicant for a permit, whether an individual or combination of individuals, and each partner or limited partner of an applicant, if a partnership applicant, and every officer, director, and each stockholder holding five percent (5%) or more of the stock of a corporate applicant, shall furnish the following information:

a. The full name, date of birth, current residence address, business address, and telephone numbers.

b. California driver’s license number or California identification number and social security number, if any.

c. Any other names or aliases, including nicknames, used within five (5) years immediately prior to the date of filing the application.

d. Each residence and business address for the five (5) years immediately prior to the date of filing the application and the inclusive dates of each such address.

e. Written proof that each applicant is at least eighteen (18) years of age.

f. Height, weight, sex, race, color of eyes and hair, photograph and finger- and thumbprints. Photographs shall be two inches by two inches (2" x 2") showing the head and shoulders in a clear manner and shall have been taken within sixty (60) days prior to filing of the application.

g. The tow operation or similar business license or permit history of each individual, whether such individual, in previously operating in this or any other city or state, has had a business license or permit revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation.

h. The name and address of any tow operation business or other establishment currently owned or operated by such individual wherein the business of tow operation is conducted.

i. Any conviction, forfeiture of bond, or plea of nolo contendere upon any criminal violation or city ordinance violation (except minor traffic violations), within a five (5) year period, and, if so, the place and court in which such conviction, plea or forfeiture was heard, the specific charge, and the sentence imposed as a result thereof.

j. The names, current addresses and written statements of at least two (2) property owners of Los Angeles County who will certify as to such individual’s good character or business responsibility; or, in lieu of such references, such other available evidence as to the good character or business responsibility of such individual as will enable the Chief of Police to properly evaluate such character or business responsibility;

k. The name and address of the record owner and lessor of the real property upon or in which the tow operation is to be conducted, and a copy of the lease or rental agreement. If the applicant is not the legal owner of the property, the application must be accompanied by a notarized acknowledgment from the record owner of the property that a tow operation will be located on said property.

l. Authorization for the City, its agents and employees, to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit.

m. Such other identification and information as may be necessary to verify the truth of the matters hereinabove specified as required to be set forth in the application.

C. Notification of Change: An applicant for a permit to operate or conduct a tow operation, or a holder of such a permit, shall report immediately to the Community Development Department any change in address of any person having a financial interest in such tow operation, or any transfer of financial interest therein.

D. Permit Procedures:

1. Subsequent to the filing of an application for a tow operation permit, the Community Development Department shall transmit the application to the Chief of Police for investigation and report as established by Section 3-6-206 of this code.

2. The Community Development Department, concurrently with the referral of an application to the Chief of Police, shall also refer such application to the Fire Department, Building Department, and Community Development and Planning Department to investigate and ascertain within the scope, jurisdiction and duties of said departments, whether the premises to be used are suitable, proper and adequate, and comply with the law for the issuance of the permit.

3. The investigating officers or representatives of said departments shall file with the Community Development Department their reports in writing, stating the extent of their investigation, particulars of any objection, and their recommendations.

4. The Community Development Department, within fifteen (15) working days after receiving the above mentioned recommendations, shall in its discretion grant or refuse to grant the permit.

5. In addition to grounds for refusal set forth in Section 3-6-603 of this code, no permit shall be granted:

a. In violation of any provision of this code or the applicable laws of the State of California; or

b. If it is found that the applicant, or any other person who will be directly or indirectly engaged in the ownership, management or operation of the tow operation:

(1) Has knowingly made any false, misleading or fraudulent statement of facts in the permit application, or any other document required by the City in conjunction therewith; or

(2) Is not eighteen (18) years of age or older; or

(3) Has had a tow operation or other similar permit or license denied, revoked, or suspended by the City or any other State or local agency within five (5) years prior to the date of application.

6. The Community Development Department shall issue the permit if granted. The permit shall be limited to the uses requested in the application and subject to such other restrictions, terms and conditions as the Community Development Department may prescribe. Permits may be granted conditionally in order to ensure compliance with the provisions of this article. [Added by Ord. No. 3405, eff. 7/29/95; Amended by Ord. No. 3828, eff. 8/24/12.]

A. Every license issued under this article shall expire on June 30 of each year.

1. A license may be renewed for one year on written application to the Community Development Department made on or before July 1 of each year, accompanied by the required license renewal fee as established by the City of Burbank Fee Resolution; provided, however, that said renewal application shall not be made prior to May 15 of said year.

2. An applicant for renewal of a tow operation license shall update, under penalty of perjury, all information set forth on original application for permit. [Added by Ord. No. 3405, eff. 7/29/95; Amended by Ord. No. 3828, eff. 8/24/12.]

No person may apply for any license or permit authorized by this article within one year from any denial or revocation of such permit unless the cause of the denial or revocation has, to the police, been removed within such time. [Added by Ord. No. 3405, eff. 7/29/95.]

A. Storage Yard Regulations: Any person conducting a tow operation permitted under this article shall maintain a physical location within the city boundaries of Burbank from which said business is conducted. Such physical location shall provide an office with an adjacent storage area, which has a minimum of ten thousand (10,000) square feet for vehicle storage. Such location shall be approved by the City prior to the permit being issued and must comply with the following requirements:

1. City of Burbank zoning regulations;

2. Entirely surfaced with either concrete or asphaltic material;

3. Free of holes or areas that are decomposed or broken;

4. Shall at all times be maintained clean and free of litter, debris, or weeds;

5. Sufficiently lighted to afford easy visibility to all areas of the lot, yet lighted in such a manner so as not to disturb the neighbors;

6. Lighting of lots shall be adequate to ensure minimal security and permittee shall provide security to preclude theft or damage to stored vehicles;

7. Sufficient to afford ready and easy access to all vehicles;

8. Storage of vehicles shall be kept in an enclosed, secured area, except when under direct supervision. At no time shall such vehicles be parked or stored or left standing on any public street or alley. All vehicles shall be systematically parked and sufficiently separated to preclude the probability of damage. Undamaged (high value) vehicles shall be segregated from wrecks or junks.

9. Outdoor areas used for storage shall be enclosed with a solid wall, wrought iron, or chainlink fence at least six feet (6') in height, having a gate or door of adequate width and equivalent height. Such gate or door shall remain closed except for ingress and egress, so as to preclude viewing by the general public of stored vehicles. The bottom edge of any such fence or wall, including all gates or doors, shall not be more than two inches (2") above the finished parking surface of the enclosed area. All wall or fence enclosures shall comply with this Code and other applicable laws and regulations and shall be maintained in a clean condition, including, but not limited to, free from all graffiti.

10. Any repairs to vehicles must be made within the storage area in a completely enclosed building.

B. Exceptions to Storage Yard Regulations:

1. Tow operations which at no time store any towed vehicle. For the purpose of this exception, “store” shall mean keeping any vehicle for any period of time on any property owned or leased by the tow operation.

2. An automobile repair garage or body shop which provides a towing service as an ancillary service to the repair of vehicles. [Added by Ord. No. 3405, eff. 7/29/95.]

The payment of license and permit fees hereunder shall be independent of any processing of an application for a conditional use permit or other zoning matters relating to the location of a tow operation within the City. [Added by Ord. No. 3405, eff. 7/29/95.]

A. Responsibility for Vehicles and Personal Property: Permittee shall be responsible for vehicles and accessories while in their possession. They shall also be responsible for personal property left in the vehicle at the time possession of that vehicle is taken.

B. Compliance With Statutes and Ordinances: Permittee shall comply with all State and local ordinances, and shall make all reports required by the Vehicle Code of the State of California.

C. Off Street Parking: Permittee shall at all times provide sufficient off street parking space for employees, customers, the parking and storage of vehicles, and other equipment used in the performance of their duties.

D. Clean Scene of Accident: Permittee will clean the scene of any accident that they have responded to. This includes all glass, and vehicle debris in the roadway. [Added by Ord. No. 3405, eff. 7/29/95.]

A change of location will require the processing of a new application and investigation of the permittee. Additional permit and license fees shall be required as provided in the Burbank Fee Resolution. [Added by Ord. No. 3405, eff. 7/29/95.]

Except as provided for in Vehicle Code Section 22658, a permittee shall not attach a vehicle to a tow unit without first receiving written or verbal authorization to do so by the registered owner, legal owner, driver, or other person in control of said vehicle, or at the direction of a police officer. If in writing, 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 tow operation business and the days and hours the business is open for release of vehicles. Such copy shall also be signed by the tow unit operator performing the authorized service. [Added by Ord. No. 3405, eff. 7/29/95.]

A permittee shall hereunder furnish an itemized statement to the person authorizing the towing service, or their agent. Such permittee shall furnish an itemized statement of services performed, labor and special equipment used in completing tow of vehicle and of the charges made therefor upon the request of:

A. The registered owner; or

B. The legal owner; or

C. The insurance carrier of either subsection A or B of this section; or

D. The duly authorized agent of subsection A, B, or C of this section.

Such permittee shall furnish a copy of the statement to any person authorized to receive the statement without demanding payment as a condition precedent. [Added by Ord. No. 3405, eff. 7/29/95.]

Any vehicle towed shall be taken to such place as the owner or driver of the vehicle shall direct. If the owner or driver declines to specify a destination, or is not at the scene of removal, permittee shall tow the vehicle to permittee’s storage lot in the City of Burbank. In no case shall permittee use coercion or pressure of any kind upon the owner or driver of a vehicle to have the vehicle towed to permittee’s own storage yard, garage, body shop or other place of business. [Added by Ord. No. 3405, eff. 7/29/95.]

A permittee hereunder shall refrain from making any repairs or alterations to a vehicle without first being authorized by one of the persons listed in Section 3-4-510 of this article. Parts or accessories shall not be removed from vehicles without authorization except as necessary for security purposes. Under such circumstances, the parts or accessories removed shall be listed on the itemized statement and stored in the business office. This section shall not be construed to prohibit permittees from making emergency alterations necessary to permit the removal by towing of such vehicle. [Added by Ord. No. 3405, eff. 7/29/95.]

The following acts committed by a permittee, their agents or employees hereunder shall be grounds for disciplinary action, revocation, suspension or denial of a permit as outlined by Section 3-6-603 of this code.

A. Obtained a tow contract by use of fraud, trick, dishonesty or forgery; or

B. Stopped on any street, highway or other public thoroughfare to render assistance to a person or disabled vehicle without first being requested to do so (except as a part of a contracted freeway service patrol); or

C. Towed a vehicle to a location other than listed as the business address of such permittee without first receiving authorization to do so by the person authorizing the tow; or

D. After towing a vehicle to the business location of permittee, without authorization, towed such vehicle to another location for storage; or

E. Have 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; or

F. Removed a vehicle involved in a collision prior to arrival by 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; or

G. Have charged for services not performed, equipment not employed or used, services or equipment not needed, or have otherwise materially misstated the nature of any service performed or equipment used.

H. Remove any vehicle from any property within the City in which the permittee, their agents or employees own, wholly or in part, or have any interest through family or business for the purpose of charging towing and/or storage fees in regard to parking issues.

I. Any other violation of this code, the “Rules Governing Tow Operations And Tow Operators”, the California Vehicle Code, the California Penal Code, or the California Civil Code. [Added by Ord. No. 3405, eff. 7/29/95.]

Violation of this regulation or its rules is a misdemeanor and is punishable as provided for in this code. Revocation of a license or permit shall not be a defense against prosecution. [Added by Ord. No. 3405, eff. 7/29/95.]

A. Insurance Required: Before an application for a permit to operate a tow operation will be received or acted upon, the applicant must file with the Community Development Department satisfactory evidence of general liability and automobile insurance written by an insurance company admitted to do business in the State. If the applicant is unable to obtain insurance from a company admitted to do business in the State, then any other insurance policy must be written by an insurance company with a minimum A+ rating.

B. Insurance Coverage; Minimum Required: Applicants are required to have minimum coverage as follows:

1. Bodily injury: One million dollars ($1,000,000.00) for the injury or death of any or more persons in any one accident.

2. Property damage: Three hundred thousand dollars ($300,000.00) each accident.

3. On-hook liability: Tow trucks up to fourteen thousand (14,000) pounds GVW, fifty thousand dollars ($50,000.00). Tow trucks over nineteen thousand five hundred one (19,501) pounds GVW, seventy five thousand dollars ($75,000.00). Tow truck over thirty thousand (30,000) pounds GVW, one hundred thousand dollars ($100,000.00).

4. Garage liability and garage keepers liability in the amounts noted in subsections B1 and B2 of this section.

5. Workers’ Compensation Insurance in the legal minimum amounts.

6. In addition, the policy shall include insurance for fire, theft, and explosion, in the minimum amount of three hundred thousand dollars ($300,000.00) with each occurrence deemed a separate claim. [Added by Ord. No. 3405, eff. 7/29/95; Amended by Ord. No. 3828, eff. 8/24/12.]

The Community Development Department with the approval of the Police Department shall have the right to disallow any tow operation name it feels is inappropriate and conflicts with the City’s image, and may be reviewed annually by the City. [Added by Ord. No. 3405, eff. 7/29/95; Amended by Ord. No. 3828, eff. 8/24/12.]

A. Normal Hours: Permittees shall provide for release of vehicles Monday through Friday from seven o’clock (7:00) A.M. to six o’clock (6:00) P.M., excluding officially recognized holidays. Permittees may additionally release vehicles on other days and hours at the direction of the Police Department. Upon the application to the Community Development Department and showing of hardship by the permittee, the Community Development Department upon approval of the Burbank Police Department may permit an adjustment in the days and hours during which vehicles are to be released.

B. Special Hours for Private Impounds: Permittees who remove vehicles from private property pursuant to Vehicle Code Section 22658 shall verify that the person who has requested removal of the vehicle has notified the Burbank Police Department prior to removing the vehicle from the private property. After removing any vehicle from private property pursuant to Vehicle Code Section 22658, permittees’

storage yard shall remain open until such time as the vehicle is claimed or shall open the storage yard within one-half (1/2) hour after a telephonic request to claim the vehicle has been made. [Added by Ord. No. 3405; Amended by Ord. No. 3828, eff. 8/24/12; 3412.]

A. Sign Requirements: Permittees shall maintain a sign listing the rules and charges of all services offered. Such sign shall be conspicuously placed in the office or other place where customer financial transactions take place. The letters on such sign shall be a minimum of one inch (1") high with one-quarter inch (1/4") stroke. The letters shall be a contrasting color from the background.

B. Rate Schedule: Applicants for tow operation 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 herein provided. Changes in rates and charges shall be made by written notice containing the new schedule of rates and charges to the City at least ten (10) days prior to becoming effective. 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 existing rates and charges. Upon the expiration of the ten (10) day period, the rates and charges shall be changed in accordance with such notice.

C. Revision of Rate Schedule: The Community Development Department, with the approval of the Police Department, may, upon a showing of hardship, permit a revision of the rate and charge schedule within the ten (10) day prior notice required in subsection B of this section. [Added by Ord. No. 3405, eff. 7/29/95; Amended by Ord. No. 3828, eff. 8/24/12.]

A tow unit operator shall wear a name tag attached to their uniform on the outer most shirt or jacket. The uniform shall be as approved by the Burbank Police Department. The first initial of the operator’s first name and the operator’s full last name shall be sewn above the left chest pocket so that it shall be clearly visible with the collar open. The letters shall not exceed one-half inch (1/2"). A detachable metal nameplate may be worn in place of the embroidered name. The uniform shall also have in a conspicuous place the name of the tow operation which employs the tow operator. Tow unit operators shall identify themselves by giving their full, correct name to any patron of the tow operation upon request. [Added by Ord. No. 3405, eff. 7/29/95.]

A tow unit shall have markings as those required by the California Vehicle Code. [Added by Ord. No. 3405, eff. 7/29/95.]

The tow operation, by obtaining a permit under this code, shall agree to allow the City to inspect the following as the City feels necessary but not less than once a year.

A. All tow units registered to the tow operation, and all other tow units which may be used in the tow operation in the City of Burbank.

B. All tow unit operators will be checked for uniform compliance and for drivers license validity including proper classifications and current medical certificates as necessary for the type of tow unit they operate.

C. Storage yard, as defined in Section 3-4-506 of this article. [Added by Ord. No. 3405, eff. 7/29/95.]

Every individual employed or engaged in the business as a tow unit operator shall pay an annual prorated license fee as established by the City of Burbank Fee Resolution. [Added by Ord. No. 3405, eff. 7/29/95.]

A. No person shall operate or drive a tow unit nor shall any person be employed as a tow unit operator until such time as said person has applied and received a written permit issued by the Community Development Department to act as a tow unit operator except that any person employed as a tow unit operator may operate a tow unit without a permit while under the immediate and direct supervision of a permitted tow unit operator for a period of not to exceed seven (7) consecutive calendar days from the initial date of employment.

B. In addition to or in lieu of a City issued permit, a temporary permit not to exceed forty five (45) days may be issued to an applicant by the City provided the following conditions are met:

1. An application for permit is on file at the Community Development Department and all permit fees have been paid; and

2. A preliminary investigation by the City does not reveal information which would normally constitute grounds for denial and;

3. The applicant possesses a valid California Driver’s License with the proper classification for the type of towing service to be performed and towing unit to be driven.

C. The Community Development Department may summarily suspend such temporary permit at any time if it has reason to believe that any of the above conditions have not been met. The Community Development Department shall notify the applicant in writing of the reasons for any such suspension, and the application for a permanent permit shall continue to be processed according to provisions of this code and any applicable rules and regulations of the City. Suspension of a temporary permit may be appealed to the Chief of Police and the Director of Community Development or their designees. The decision regarding the suspension of a temporary permit shall be final. If the permanent permit is denied, the applicant shall appeal any denial to the Permit Appeals Board pursuant to the provisions of Title 2, Chapter 1, Article 15 of this code. [Added by Ord. No. 3405, eff. 7/29/95; Amended by Ord. No. 3828, eff. 8/24/12.]

Applicants for a permit hereunder shall pay a nonrefundable permit application fee as established by the City of Burbank Fee Resolution. [Added by Ord. No. 3405, eff. 7/29/95.]

Any individual desiring to obtain a tow unit operator permit shall make an application under penalty of perjury to the Community Development Department, which application shall be submitted in duplicate and shall contain the following information:

A. The full name, date of birth, current residence and business address, and telephone numbers.

B. California driver’s license number and social security number.

C. Any other names or aliases, including nicknames, used within five (5) years immediately prior to the date of filing the application.

D. Each residence and business address for the five (5) years immediately prior to the date of filing the application, and the inclusive dates of each such address.

E. Written proof that the applicant is at least eighteen (18) years of age.

F. Height, weight, sex, color of eyes and hair, photograph and finger- and thumbprints. Photographs shall be two inches by two inches (2" x 2") showing the head and shoulders in a clear manner and shall have been taken within sixty (60) days prior to the filing of the application.

G. The tow unit operator or similar business license or permit history of the applicant; whether such applicant, in previously operating in this or any other city or state, has had a business license or permit revoked or suspended.

H. The business, occupation and employment history of the applicant for the five (5) years immediately preceding the date of the application and the address of each and every location where such business, occupation and employment was engaged in or performed.

I. Any conviction, forfeiture of bond, or plea of nolo contendere upon any criminal violation or city ordinance violation (including any traffic violations), within a five (5) year period, and, if so, the place and court in which such conviction, plea or forfeiture was heard, the specific charge, and the sentence imposed as a result thereof.

J. Such other identification and information necessary to discover the truth of matters hereinafter specified as required to be set forth in the application.

K. Authorization for the City, its agents and employees, to seek information and conduct an investigation into the truth of the statements set forth in the application and qualifications of the applicant for the permit. [Added by Ord. No. 3405, eff. 7/29/95; Amended by Ord. No. 3828, eff. 8/24/12.]

A. Subsequent to the filing of an application for a tow unit operator permit, the Community Development Department shall transmit the application to the Chief of Police for investigation and report as established by Section 3-6-206 of this title.

B. The investigating officers or representatives of said departments shall file with the Community Development Department their reports in writing, stating the extent of their investigation, particulars of any objections, and their recommendations.

C. In addition to grounds for refusal set forth in Section 3-6-603 of this title, no permit shall be granted:

1. In violation of any provision of this code or the laws of the State of California; or

2. If the applicant has knowingly made any false, misleading or fraudulent statement of facts in the permit application, or any other document required by the City in conjunction therewith; or

3. Has had a tow unit operator or other similar permit or license denied, revoked, or suspended by the City or any other State or local agency within five (5) years prior to the date of application; or

4. Has been convicted of or has entered a plea of guilty or nolo contendere to a felony; or

5. Has a Department of Motor Vehicle driving record which shows a history of poor driving habits.

D. Within thirty (30) days after receipt of the report of the Chief of Police, the Community Development Department shall in its discretion grant or refuse to grant the permit. The Community Development Department shall issue the permit if granted. The permit shall be personal to the applicant and nontransferable and shall be limited to the uses requested in the application and subject to such restrictions, terms and conditions as the Community Development Department may prescribe. Permits may be granted conditionally in order to ensure compliance with the provisions of this article. [Added by Ord. No. 3405, eff. 7/29/95; Amended by Ord. No. 3828, eff. 8/24/12.]

Every license issued under this article shall expire on June 30 of each year.

A. Renewal of License: A license may be renewed for one year on written application to the Community Development Department made on or before July 1 of each year, accompanied by the required renewal fee; provided, however, that said renewal application shall not be made prior to May 15 of said year.

B. Update of Information: An applicant for renewal of a tow unit operator license shall update, under penalty of perjury, all information set forth on original application for the license.

C. License Fee: The annual license renewal fee shall be as established by the City of Burbank Fee Resolution. [Added by Ord. No. 3405, eff. 7/29/95; Amended by Ord. No. 3828, eff. 8/24/12.]

Violation of these regulations or its rules is a misdemeanor and is punishable as provided for in this code. Revocation of a license or permit shall not be a defense against prosecution. [Added by Ord. No. 3405, eff. 7/29/95.]

No person may apply for any permit authorized by this article within one year from any denial or revocation of such permit unless the cause of the denial or revocation has, to the satisfaction of the Police Department, been removed within such time. [Added by Ord. No. 3405, eff. 7/29/95.]

Every person possessing either a temporary or permanent permit to act as a tow unit operator shall at all times while directly engaged in the operation of a tow unit carry upon their person an identification card issued by the Community Development Department identifying the bearer as a tow unit operator and shall display such card to any peace officer upon request. The identification card shall bear the name, physical description, business address, and photograph of the permittee and the name and address of the business employing the permittee.

The identification card shall be returned to the Community Development Department immediately upon suspension, revocation or termination of employment. [Added by Ord. No. 3405, eff. 7/29/95; Amended by Ord. No. 3828, eff. 8/24/12.]

A. Use of Alcohol By Tow Unit Operator: A tow unit operator shall not consume any alcoholic beverage within eight (8) hours of the start of a shift, during a shift, nor if on “standby/on call status”. An odor of alcohol on the operator’s breath shall be sufficient grounds for summary suspension of the tow unit operator permit by either the Police Department or Community Development Department. The tow unit operator shall submit to a preliminary alcohol screening test upon demand of any law enforcement officer. Failure to submit to the preliminary alcohol test shall be grounds for summary suspension of the tow unit operator permit by either the Police Department or Community Development Department.

B. Summary Suspension of Permit: Summary suspension of a tow operator’s permit shall occur immediately. A member of the Police Department or Community Development Department shall take possession of the tow unit operator permit. The operator shall appeal any summary suspension of the permit to the Permit Appeals Board as established by the provisions of Title 2, Chapter 1, Article 15 of this code. Failure to appeal any summary suspension of a permit as provided in this section within thirty (30) days of the suspension shall result in the revocation of the permit.

C. Grounds for Suspension or Revocation of Tow Operation Permit: Allowing a tow unit operator to operate a tow truck in violation of subsection A of this section shall be grounds for suspension or revocation of the tow operation permit. The tow operation permit shall be suspended or revoked upon the third conviction of the same tow unit operator for a violation of subsection A of this section if the three (3) convictions have occurred while the tow unit operator has been employed by the same tow operation. The permittee shall appeal any suspension or revocation of the permit to the Permit Appeals Board as established by the provisions of Title 2, Chapter 1, Article 15 of this code. [Added by Ord. No. 3405, eff. 7/29/95; Amended by Ord. No. 3828, eff. 8/24/12.]

Violation of the provisions of this article or any rules or regulations enacted pursuant to this article is a misdemeanor and is punishable as provided for in this code. Revocation of a license or permit shall not be a defense against prosecution. [Added by Ord. No. 3405, eff. 7/29/95.]