Cathedral City Municipal Code Ch. 12.78 Rotational Towing Services

It is the intent of this chapter and any subsequent amendments thereto to prescribe the basic regulations for the operation of the city of Cathedral City ("city") and Cathedral City police department ("police department") towing service in emergency situations and in the removal of vehicles that are abandoned, involved in an accident, or 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 distributing requests for towing services among qualified franchises, and to ensure that such services are prompt and reasonably priced, and in the best interests of the public as well as in the interest of efficient policing operations for the removal of such vehicles from public streets.

(Ord. 869 § 2, 2023)

For purposes of this chapter, the following terms, phrases, words, and derivations shall have the meaning given in this section:

"City manager"

means the city manager of the city of Cathedral City.

"Code compliance department"

means the city's code compliance department.

"Franchise agreement"

means an agreement between the city and a franchisee for the purpose of providing towing services as provided in this chapter.

"Franchisee"

means a certain tow truck operator to which the police chief, in cooperation with the city manager, grants a nonexclusive franchise for purposes of providing towing services to the city under and pursuant to the provisions of this chapter.

"Place of business"

means the principal place of business of the towing company where owner(s) and/or manager(s) conduct and coordinate the tow company's business.

"Police chief"

means the chief of police of the police department of the city of Cathedral City.

"Police department"

means the police department of the city of Cathedral City.

"Primary storage yard"

means a permanent securely fenced enclosed storage area of an adequate size for the proper storage of vehicles towed and/or impounded, that is controlled by the franchisee, and is located no greater than approximately twenty minutes driving distance from the center point of the city.

(Ord. 869 § 2, 2023)

The police chief, in cooperation with the city manager, may at their discretion grant a nonexclusive franchise to a tow truck operator ("franchisee") to provide towing services to the city under and pursuant to the provisions of this chapter.

(Ord. 869 § 2, 2023)

A. All franchises granted to franchisees pursuant to this chapter shall be nonexclusive and shall be for a term to be specified by the police chief in the franchise agreement between the city and the franchisee.

B. No provisions of this chapter shall be deemed to require restricting the number of franchises to one or any particular number, and no provision of this chapter shall be deemed to require the police chief to grant any franchise if the police chief determines that the grant of any such franchise is not in the best interest of the city and the public.

C. No provision of this chapter shall be deemed to restrict the city's ability to enter into an agreement with a towing company that does not meet the qualifications as provided herein in order to provide specialized towing services on an as-needed basis.

(Ord. 869 § 2, 2023)

A. The selection of the franchisees shall be done through a competitive selection process. Upon any opening(s) on the rotation list, the police chief, in cooperation with the city manager, shall issue a notice of request for qualifications (RFQ) to solicit interested tow truck operators. The RFQ shall be posted on the city's website and posted on a website devoted to procurement services, bid and vendor management such as Planetbids.com. Responses to the RFQ shall be due no earlier than twenty days following posting of the notice as required herein.

B. The police chief, in coordination with the city manager or designee, shall evaluate the qualifications of the tow truck operators responding to the RFQ. No later than sixty days after receipt of the responses to the RFQ, the police chief shall submit to the city council for consideration the qualifications of the tow truck operator(s) that they deem most qualified together with a franchise agreement pursuant to the rotational tow services program.

C. With respect to the selection process as provided herein, the police chief shall determine the number of franchisees needed to provide towing services to the police department. In determining the required number of franchisees, the police chief may consider the following factors:

1. The operational needs of the police department;

2. Population growth;

3. The number of currently authorized franchisees and their average response time;

4. Administrative burdens imposed by the number of franchisees to be included in a rotation list; and

5. Such other reasonable factors as determined by the police chief.

D. With respect to evaluating the qualifications of the tow truck operators responding to the RFQ, the police chief shall consider the following factors:

1. Whether the applicants can satisfy the insurance, business license, and tow operator permit requirements of the franchise agreement;

2. Whether the applicants are qualified on the basis of prior experience in the towing operation business and financial responsibility;

3. Whether the tow operation applicants can provide service calls for the police department twenty-four hours a day, including holidays;

4. Whether the applicants will accept all tows requested by the city, including tows of abandoned or dismantled vehicles and/or tows requiring special equipment;

5. Whether the applicant, or any person involved with the applicant has been refused a towing permit or contract or had a towing permit or contract suspended or revoked by this city or any other city;

6. Applicants' rates, fees and other charges when the tow is initiated by a call from the city, including applicants' standard tow rate; impoundment rates for day and night and whether an after-hours release fee is charged; hourly rates for extended service, based on a twenty-minute maximum normal time after arrival at the location for the tow; and daily storage fees and list of other miscellaneous tow operation fees; and

7. Whether applicants are able to meet the maximum response time as determined by the police chief.

E. With respect to selecting qualified tow truck operators responding to the RFQ, preference will be given to tow truck operators that meet the following criteria:

1. Tow truck operators with a place of business and primary storage yard within the boundaries of the city; and/or

2. Tow truck operators that possess or are able to obtain a Class C and/or Class D tow truck.

(Ord. 869 § 2, 2023)

A. As provided in the franchise agreement, a franchisee must meet the following requirements, including, but not limited to:

1. Having a minimum of three verifiable years of for-hire towing experience, as an owner or principal, prior to responding to a request for qualifications to qualify for a rotational tow listing;

2. Having a valid Motor Carrier Property (MCP) permit;

3. Manager(s) and all tow truck drivers must be enrolled in the Employer Pull Notice (EPN) program;

4. Providing service calls for the police department twenty-four hours a day, including holidays;

5. Responding to requests for service by the police department or code compliance department by providing a tow vehicle at the response location no greater than twenty minutes from the time of such requests, with a properly equipped tow truck of the class required to tow the vehicle, perform vehicle recovery (e.g., rollover, down embankment), provide service (e.g., fuel, flat tire change), and be in possession of the appropriate class of driver license, applicable endorsements, and permits.

6. Maintaining a valid Cathedral City business license pursuant to Chapter 3.28 of the Cathedral City municipal code;

7. Maintaining a primary storage yard located no greater than approximately twenty minutes driving distance from the center point of the city;

8. Ensuring franchisee's tow truck drivers responding to calls initiated by the city are competent and possess a valid California driver's license of an appropriate class for the vehicle to be driven, and a tow truck driver certificate or a temporary tow truck driver certificate issued by the Department of the California Highway Patrol, to permit the operation of the tow truck pursuant to Section 12520(a) of the California Vehicle Code;

9. Possessing or being able to obtain at least one Class A tow truck (i.e., tow truck which has a manufacturer's GVWR of at least fourteen thousand pounds) and Class B tow truck (i.e., tow truck with a GVWR of at least thirty-three thousand pounds, equipped with air brakes and a tractor protection valve or device, and be capable of providing and maintaining continuous air to the towed vehicle); and

10. Procuring and maintaining insurance during the term of the franchise agreement, including, but not limited to, insurance required pursuant to Section 16500.5 of the California Vehicle Code and the franchise agreement.

B. As provided in the franchise agreement, a franchisee must maintain its place of business with the following requirements, including, but not limited to:

1. A sign which clearly identifies the place of business to the public as a tow service;

2. Business hours shall be posted in plain view to the public;

3. Sufficiently staffed to allow customers to talk face-to-face with a tow company's owner, manager, or employee during normal business hours;

4. Open during normal business hours pursuant to Section 22651.07(d) of the California Vehicle Code;

5. Records of all tow services furnished, business records relating to personnel, insurance, personnel taxes, payroll, applicable operating authorities, local operating authorities, lien sale actions, driver's record of duty status (intrastate and/or interstate), Federal Communication Commission licensing (if applicable), and non-city tows; and

6. Maintain business records for a period of two years.

(Ord. 869 § 2, 2023)

The tow truck operators who obtain a franchise pursuant to this chapter shall provide towing service to the city pursuant to the rotational tow services program established by the police chief.

(Ord. 869 § 2, 2023)

A. The vehicle impound cost recovery fee ("VICR fee") shall be set by the police department.

B. The city hereby establishes a VICR fee, payable when a registered owner or a legal owner seeks the release of a vehicle which the police department has impounded.

C. A registered owner who redeems an impounded vehicle or requests its release from a franchisee's storage facility shall first pay to the police department the VICR fee.

D. The police department may waive the VICR fee due to extenuating circumstances. It is not the intention of the city nor the police department to penalize victims. Circumstances under which the VICR fee may be waived include the impounding of recovered stolen or embezzled vehicles, and vehicles impounded due to driver injury or incapacitation.

(Ord. 869 § 2, 2023)

A. The city shall uniformly recover the fully burdened cost of operating the rotational tow program as provided by resolution, approved by the city council, or by the approved rate sheet in the franchise agreement.

B. Any tow truck operator granted a franchise pursuant to the provisions of this chapter shall pay to the city a fee pursuant to the franchise agreement. Such fee shall not exceed the city's annual cost of administration and enforcement of this chapter.

(Ord. 869 § 2, 2023)

All franchises granted by the police chief pursuant to this chapter shall be memorialized in a written franchise agreement between the franchisee and the city.

(Ord. 869 § 2, 2023)

Nothing in this chapter shall be construed as restricting or prohibiting the city from conducting its own towing operations or maintaining its own storage yard, either in lieu of, or in addition to, any franchise awarded pursuant to this chapter.

(Ord. 869 § 2, 2023)

A. Franchisee shall, at all times, comply with federal, state, and local laws and ordinances. Any conviction of the franchisee or employee involving a stolen or embezzled vehicle, fraud related to the towing business, stolen or embezzled property, a crime of violence, a sexual offense, a drug-related offense, felony driving while under the influence of alcohol and/or drugs, misdemeanor driving while under the influence of alcohol and/or drugs, or acts of moral turpitude should be cause for suspension or removal of a franchisee, denial of a franchisees application, or termination of the rotational tow agreement.

B. City personnel, as well as franchisee's and their employees, shall not be offered nor accept gratuities pursuant to Section 12110(a) of the California Vehicle Code.

C. No franchisee or their employees shall accept any gratuities from a repair shop for the delivery of a vehicle, not owned by the repair shop or tow company, for the purpose of storage or repair pursuant to Section 12110(c) of the California Vehicle Code.

D. A franchisee shall satisfy a court order mandating reimbursement to the vehicle or property owner for the damage or loss which occurred while the vehicle was in the franchisee's custody.

E. A franchisee or employee arrested/charged for a violation involving any of the above crimes should be suspended from the rotational tow services program until the case is adjudicated.

(Ord. 869 § 2, 2023)

A. As a condition of inclusion in the rotational tow services program, a franchisee must comply with terms and conditions of the franchise agreement. Failure to comply with the terms and conditions of the franchise agreement shall be cause for disciplinary action (i.e., written reprimand, suspension, termination, or denial of an application).

B. A violation of the equipment requirements related to safety shall be cause for immediate suspension. The suspension shall remain in effect until the suspension period is completed and the city has inspected the equipment and concluded that the franchisee is in compliance.

C. A violation of the gross vehicle weight rating (GVWR) and/or safe loading requirements of a tow truck may be cause for immediate disciplinary action. This includes exceeding the tow truck's GVWR, front axle weight rating, rear axle weight rating, maximum tire weight ratings, or not maintaining fifty percent of the tow truck's unladen front axle weight on the front axle when towing.

D. A violation of intentionally overcharging or a pattern of overcharging shall be cause for suspension. The suspension shall remain in effect until the suspension period is completed and proof of reimbursement to the aggrieved customer has been provided to the city.

E. Any unsatisfactory evaluation rating issued by the city shall be cause for suspension. The suspension shall remain in effect until proof of a satisfactory compliance rating from the city has been provided to the chief of police.

F. Allowing an incompetent tow truck driver to respond to a city call shall be cause for disciplinary action of the franchisee.

G. A franchisee's failure or refusal to respond to a call by the city shall be cause for disciplinary action of the franchisee.

H. A franchisee responding a tow truck driver to a city call (i.e., the drivers dispatched by the franchisee) who has not been approved by the city shall be cause for disciplinary action of the franchisee.

I. Franchisees shall not record (i.e., videotape or photograph) a scene unless it is for official use by the tow company for business-related reasons. The on-scene investigating officer or incident commander shall make the determination when a franchisee may record a scene for tow-related business reasons. In the event a franchisee is determined to be in violation of this provision, they will immediately surrender any such recording device to an officer of the city.

(Ord. 869 § 2, 2023)

A. The chief of police shall take disciplinary action against a franchisee for violations investigated and sustained. Failure by the franchisee, or their agent, to comply with the terms and conditions of the franchise agreement shall be cause for disciplinary action (i.e., written reprimand, suspension, denial of an application, or termination from the rotational tow services program). The chief of police shall retain discretion regarding the length of any suspension imposed pursuant to the terms and conditions of this franchise agreement.

B. No provision of this chapter precludes the city from taking the appropriate enforcement or administrative action for any violations of law.

C. No provision of this chapter shall be deemed to prohibit the city from immediately suspending, terminating, or denying an application of any franchisee or employee for any of the following:

1. Whose conduct, in the opinion of the chief of police, is deemed to be a danger to the motoring public (e.g., registered sex offender, acts of violence, fraud).

2. A violation of equipment requirements, related to safety.

3. Repeated failures or refusals to respond to a call.

4. Who has engaged in conduct constituting a flagrant violation of the franchise agreement.

D. Records of violations shall be retained by the city for thirty-six months, plus the franchise agreement term.

(Ord. 869 § 2, 2023)

A. Violations of the terms and conditions of the franchise agreement may be cause for disciplinary action in the following manner:

1. First violation within a twelve-month period: letter of written reprimand.

2. Second violation within a twelve-month period: one- to thirty-day suspension.

3. Third violation within a twelve-month period: sixty- to ninety-day suspension.

4. Fourth violation within a twelve-month period: termination of the franchise agreement.

B. Violations of the terms and conditions of the franchise agreement which warrant suspension for the first violation are categorized as major violations. Any subsequent or continuing major violation may be cause for termination. In lieu of termination, the city may impose additional suspensions for longer periods, if deemed appropriate. When considering disciplinary action for a major violation of the franchise agreement, a chief of police should take into consideration all violations which have occurred within thirty-six months prior to the date of the current violation.

C. A suspended or terminated franchisee shall not be eligible for a rotation listing for the duration of the suspension or termination. This provision applies to the franchisee working in any capacity within any tow business or operating any tow business, even if operated under new ownership.

D. If the franchisee is serving a suspension, the franchisee shall be required to have complied with all terms and conditions of the current franchise agreement at the time of reinstatement.

E. A franchisee shall comply with all the terms of the suspension (i.e., restitution to victims, court orders) prior to reinstatement or reapplication.

(Ord. 869 § 2, 2023)

A. A hearing shall be granted, upon a franchisee's request, within ten calendar days, for any of the following circumstances:

1. Franchisee is served with disciplinary action.

2. Denial of a franchisee's rotational tow services application.

B. The chief of police shall provide written notification to the franchisee requesting a hearing indicating acknowledgement of the hearing request and a hearing date assigned.

C. A hearing shall be held as soon as practicable. The hearing shall be conducted by the chief of police or designee, and the franchisee shall be entitled to present all relevant facts and circumstances in support of the franchisee's position. The franchisee shall be entitled to present testimony of at least one qualified person (i.e., representation by counsel or attorney).

D. The franchisee shall be notified in writing of the chief of police's decision(s) within ten business days of the date of completion of the hearing.

E. Disciplinary action shall not take effect until the hearing and appeal process has been exhausted, with the exception of a franchisee whose conduct is deemed to be a danger to the motoring public or who continues to violate the terms and conditions of the franchise agreement.

G. If a franchisee fails to request a hearing or appeal within the specified time or fails to appear at a scheduled hearing or appeal, the action taken by the city chief of police shall be final and the disciplinary action shall take effect upon written notification to the franchisee by the chief of police.

(Ord. 869 § 2, 2023)