Calexico Municipal Code Ch. 10.58 Towing Services

It is the intent of this chapter and any subsequent amendments thereto to prescribe the basic regulations for the operation of tow vehicles in situations where police investigations or public safety is at issue, in emergency situations; in the removal of vehicles that are abandoned, vehicles involved in an accident, or that constitute an obstruction to traffic because of mechanical failure. It is the purpose of the city council in enacting this chapter to provide a fair and impartial means of selecting a towing company or companies to provide towing services, and to ensure that such service is prompt, reasonably priced, and is in the best interest of efficient policing operations and public safety.

(Ord. No. 1089, § 2, 9-1-09)

Unless otherwise expressly stated, the following terms are, for the purpose of this chapter, defined as follows:

"Chief of police" means the chief of police of the police department of the city of Calexico.

"City" means the city of Calexico.

"City council" means the city council of the city of Calexico.

"City manager" means the city manager of the city of Calexico.

"Franchise" means the right and privilege to perform towing services for the city.

"Franchisee" means the person or persons granted a franchise by the city to provide towing services to the city under and pursuant to the provisions of this chapter.

"Impound tow" means the towing of vehicles at the direction of the police department when the consent of the vehicle owner to tow the vehicle is not required under existing law, including the towing of motor vehicles that are illegally parked, abandoned, are evidence of a crime, or are otherwise subject to the authority of the police department.

"On-demand tow" means the towing of a vehicle by a specific tow company that has been requested by the vehicle owner or operator.

"Police department" means the police department of the city of Calexico.

"Referral tow" means the towing of a vehicle by the police department at the request of the vehicle owner or operator, when the vehicle owner or operator waives his or her right to name a specific towing company to remove the vehicle from the public way, and when the police department believes there is an interest in public safety in having the vehicle removed from public streets.

"Towing company" means any company or organization formed for the purpose of providing services related to the towing of motor vehicles.

"Tow truck" means a motor vehicle that has been altered or designed or equipped for and exclusively used in the business of towing vehicles by means of a crane, tow bar, tow line or dolly or is otherwise exclusively used to render emergency assistance to other vehicles. A "roll-back carrier" designed to carry up to two vehicles is also a tow truck.

"Tow truck operator" means the driver of the vehicle used for towing another motor vehicle.

"Towing services" includes the towing, storage, and impound of vehicles, as well as ancillary services such as jump-starts, lock-outs, and tire changes.

(Ord. No. 1089, § 2, 9-1-09)

A. No person shall perform towing services for the city unless such person has obtained a franchise from the city, except as specified in this chapter.

B. The city council may award one or more franchises for towing services on such terms and conditions as the city council may establish in its sole discretion. If more than one franchise is awarded, services shall rotate among the various franchisees on an equal basis, to be established by the franchise agreement.

C. A franchise shall not be required for:

1. Operators performing towing services for other than the city of Calexico.

2. Operators performing towing services at the direction of the city when no franchisee is available or able to perform such services or cannot provide such services in a timely manner; or

3. An officer or employee of the city in the course of official duty.

D. A franchisee shall not transfer, sell, sublet or assign the franchise, nor shall any of the rights or privileges therein be leased, assigned, sold in whole or in part, nor shall title thereto, either legal or equitable, or any right, interest in property therein pass to or vest in any person, either by act of the franchisee or otherwise, unless written authorization for such transfer, sale, subletting or assignment is obtained from the city council. For purposes of this section, an acquisition by any person, group, partnership, or other entity of at least ten percent of the operator shall be considered a sale, transfer or assignment. Any such transfer, sale, sublease or assignment shall immediately void the franchise agreement.

(Ord. No. 1089, § 2, 9-1-09)

A. The city shall enter into franchise agreement(s) for the provision of towing services.

B. Prior to the city granting a franchise for tow truck services, the city manager shall cause a notice of request for proposals that sets out the criteria to be used for selection to be published in a newspaper of general circulation. The city manager or designee shall evaluate the qualifications of the respondents and submit to the city council for consideration the qualifications of the tow truck operator(s) that he/she deems most qualified together with a franchise agreement as provided in Section 10.58.100 of this chapter. Any grant of a franchise by the city council may be subject to such terms, conditions, rules, regulations, restrictions and limitations as the city council deems necessary to protect the public health, safety, or welfare.

C. The information submitted by the respondents shall include but not be limited to:

1. Name and address of respondent;

2. If the respondent is a partnership, the name and address of each partner shall be set forth in the application. If the respondent is a corporation, the application shall state the names and addresses of the corporation's directors, main office, major stockholders and associates, and the names and addresses of the parent and subsidiary companies;

3. A list of all vehicles, including license plate numbers and vehicle identification numbers, to be used in connection with the franchise;

4. Adequate proof of general, automotive, and workers' compensation insurance in an amount and insurance industry rating that is acceptable to the city attorney;

5. Such other and further information as the city manager may reasonably require to evaluate respondent's qualification to provide towing services.

D. In selecting a company or companies to provide towing services, the city manager may consider a company's proposed quality of service, the length and nature of the applicant's experience, the applicant's financial responsibility, the ability of the applicant to meet the city's towing needs, the nature and size of the applicant's facilities and equipment, and any other factor that will safeguard the public interest.

E. Any franchise agreement for towing services shall be for a definite time period, between one and five years. The agreement shall be reviewed and renewed at the end of each term at the discretion of the city manager and the city council.

(Ord. No. 1089, § 2, 9-1-09)

Any towing company that obtains a franchise agreement pursuant this chapter shall:

A. Comply with the city's zoning requirements.

B. Have an office and storage facility in the same location within the city's boundaries, or within the city's sphere of influence, with a sign posted including the company name, address, phone number and hours of operation, to be clearly visible from the roadway. Unless otherwise authorized by the chief of police, such storage facilities shall contain a minimum of [sic] automobile storage spaces.

C. Maintain a sign listing the rates and charges of all towing and storage services offered. Such sign shall be conspicuously posted in the office or other location clearly visible where customer financial transactions take place.

D. Furnish each owner of an automobile impounded by the tow truck operator with a fully itemized billing.

E. Maintain minimum operating hours for storage facilities of Monday through Friday, eight a.m. to five p.m., except holidays.

F. Respond to police department calls twenty-four hours a day, seven days a week, within the response time as established by the chief of police.

G. Agree to protect, indemnify, defend and hold harmless the city and the police department from all claims, demands or liability arising out of or encountered in connection with its agreement with the city or the performance of work in preparation for the towing operation, or claims, demands and liability occurring during the towing and subsequent storage and maintenance activities whether such claims, demands or liability are caused by the tow service or its employees or agents.

H. Conduct its business in an orderly, ethical, businesslike manner, and use reasonable means to obtain and keep the confidence of the motoring public. Franchisee shall be responsible for the acts of its employees and agents while on duty and for damage to towed vehicles while in its possession.

I. Maintain general liability, automotive liability, and workers' compensation insurance as required pursuant to Section 10.58.040(C)(4) of this chapter.

J. Maintain service and financial records and to make them available for audit by the city at any time upon reasonable advance notice.

K. Obtain and maintain a valid city business license to operate a towing company.

L. Have tow truck operators who are qualified to do the work and who are subject to a background check to be conducted by the police department. The police department shall impose a fee on the towing company sufficient to cover the police department's costs in conducting the background check.

M. Maintain proof of good safety records for their services and maintenance records for the company's vehicles, and make them available to the city at any time upon reasonable advance notice.

N. Comply with all applicable federal, state and local regulations for providing towing service.

(Ord. No. 1089, § 2, 9-1-09; Ord. No. 1117, § 2, 7-20-10)

A. With the exception of impound tows, the owner or operator of a disabled vehicle must be offered the opportunity to request the tow company of his or her choice to remove the vehicle from the public right-of-way.

B. The owner or operator of a disabled vehicle may request a referral tow when the vehicle owner or operator waives his or her right to name a specific towing company to remove the vehicle from the public way, and when the police department believes there is an interest in public safety in having the vehicle removed from public streets.

C. If the police department determines that the towing company requested by a vehicle owner in an on-demand tow will not be able to remove the vehicle from the public roadway within a reasonable amount of time, the police department shall have the right to clear the vehicle from the roadway in the interest of public safety, by having the vehicle towed by any other towing company. In determining the amount of delay that is reasonable, the police department shall consider the traffic volume, weather conditions, time of day, the location of the damaged vehicle, the condition of the roadway, and any other relevant factors that exist at the time of the accident.

(Ord. No. 1089, § 2, 9-1-09)

A. The towing and storage fees charged by a franchisee will be as set forth by city council resolution and may not be charged in excess of the rate set by the city council.

B. Storage fees shall be charged by calendar day except that vehicles stored eight hours or less shall be charged no more than one day storage.

(Ord. No. 1089, § 2, 9-1-09)

In addition to any service fees imposed by the franchisee, any registered owner or his or her agent, whose car is impounded or stored by the city of Calexico shall pay an administrative fee to the city in an amount equal to city's administrative costs relating to the removal, impound, storage or release of the vehicles. Such fees are to be determined by separate resolution of the city council. No vehicle shall be released without a valid release form from the city. Fees may be collected by the franchise towing company as agent for the city or collected directly by the police department.

A. The administrative fees shall only be imposed on the registered owner or agent of that owner in accordance with California Vehicle Code Section 22850.5.

B. The police department may waive the administrative fees due to extenuating circumstances. Circumstances under which the administrative fees may be waived include the impounding of recovered stolen or embezzled vehicles, and vehicles impounded due to driver injury or incapacitation.

(Ord. No. 1089, § 2, 9-1-09)

A. Any tow truck company granted a franchise pursuant to the provisions of this chapter shall pay to the city franchise charges and fees as may be determined by separate resolution of the city council. Such fee shall not exceed the city's annual cost of administration and enforcement of this chapter. Payments shall be made as set out in the franchise agreement.

B. The payment to the city by the franchisee pursuant to this chapter shall be in addition to any license fee or business tax prescribed by the city for the same time period.

(Ord. No. 1089, § 2, 9-1-09)

All franchises granted by the city council pursuant to this chapter shall be memorialized in a written agreement between the franchisee and the city and be approved by resolution of the city council.

(Ord. No. 1089, § 2, 9-1-09)

The police department shall be authorized to receive written complaints from citizens regarding suspected violations of this chapter. Any such complaint may form a basis for suspension, revocation, or non-renewal of a franchise agreement.

(Ord. No. 1089, § 2, 9-1-09)

A. The chief of police shall have the authority to suspend or revoke a franchise for any violation of this chapter or the policies that implement this chapter, any other otherwise unlawful activity, or for a danger to health and public safety. The chief of police shall issue a written notice to the franchisee stating the reasons for such suspension or revocation. Nonpayment of any franchise fee within thirty days of its due date shall be considered sufficient grounds to suspend or revoke a franchise.

1. A decision of the chief of police to revoke or suspend a franchise may be appealed to the city manager by serving written notice of said appeal to the city clerk within three business days of written notice to the franchisee of the decision of the police chief. If no appeal is filed, then the revocation or suspension shall become final and effective on the fourth business day.

2. If an appeal to the chief of police's determination is filed within three business days, then the city manager shall schedule an informal meeting with the franchisee at a mutually agreed upon time within five business days of the date of service to the city clerk. The chief of police or his/her designee may attend the informal meeting. At the meeting, the basis for the denial, revocation or suspension shall be explained to the appellant and the appellant shall be given an opportunity to respond thereto.

3. The city manager shall render a final decision in writing within five business days following the informal hearing. If the revocation or suspension by the chief of police is upheld, then the appellant may appeal the city manager's decision to the city council by serving written notice of said appeal on the city clerk within five business days of the city manager's decision. If no appeal of the city manager's decision to the suspension or revocation of a franchise is filed within five business days, then such suspension or revocation shall become final and effective on the sixth business day.

4. If an appeal regarding a franchise is filed, the city clerk shall schedule a hearing before the city council within thirty calendar days of the date served with the notice of appeal. The decision of the council is final on the date it is announced.

B. Notwithstanding the above, any revocation or suspension resulting from a deficiency related to insurance coverage or that, in the opinion of the chief of police, is necessary to protect the public safety, shall be effective immediately regardless of the appeal process.

C. All time limits may be extended by mutual consent of the parties.

(Ord. No. 1089, § 2, 9-1-09)