Ceres Municipal Code Ch. 20 Towing

The City Council finds that it is in the public interest that this chapter be enacted to prescribe basic regulations for the operation of those towing service operators participating in a rotation system for the removal of and towing away of motor vehicles which are illegally parked, which are involved in an accident, which constitute an obstruction to traffic because of mechanical failure, or which are otherwise required by law to be towed and/or stored. It is the purpose of the Council in enacting these regulations to provide a fair and impartial means for the Police Department to distribute requests for towing services among qualified firms by establishing a rotation tow program which regulates the number of rotation list providers as necessary to ensure the convenient and economical management of the program and guarantee the continued long-term availability of competent tow service providers necessary to meet the demand for services of the Police Department.

(Ord. No. 2020-1056, § 2, 2-24-2020)

The following words and phrases used in this chapter shall have the following meanings:

Attendant means an employee of an operator qualified by knowledge and experience to operate a tow car or tow truck.

Manager is the person(s) designated by the towing service operator to act as the representative and agent of the operator in managing day-to-day operations with the same liabilities and responsibilities. Evidence of management includes, but is not limited to, evidence that the individual has power to direct or hire and dismiss employees, control hours of operation, create policy or rules or purchase supplies. A manager may also be an owner.

Operator is any person, firm, corporation or association engaged in the business of towing motor vehicles.

Rotation list means a list, maintained by the Police Department, of operators from which the Department will make calls for towing services on a sequential basis.

Service agreement means the document through which towing service operator agrees to provide services outlined in this chapter.

Tow car or tow truck means a motor vehicle as defined in section 615 of the California Vehicle Code.

Towing service means the business of operating tow cars and/or tow trucks in the City for the purpose of towing, moving or removing vehicles from, over or on the public streets thereof.

(Ord. No. 2020-1056, § 2, 2-24-2020)

Except as provided in this chapter, the provisions of this chapter shall be applicable to those towing service operators who are placed on the rotation list for towing service authorized by this chapter.

(Ord. No. 2020-1056, § 2, 2-24-2020)

It shall be unlawful for any person, towing service operator or the agent, attendant or other employee of a towing service operator, whether or not on the rotation list, to respond to any police radio call for the purpose of removing from the public streets and towing away any vehicle subject to the provisions of this chapter unless specifically requested to do so by an officer or representative of the Police Department. The owner or operator of any vehicle may request any specific towing service operator be called to remove and tow away his/her vehicle.

(Ord. No. 2020-1056, § 2, 2-24-2020)

It shall be unlawful for any person, towing service operator, or the agent, attendant or other employee of a towing service operator, whether or not on the rotation list, to solicit any towing service work which is regulated by this chapter without first having been requested by the owner or operator of the vehicle or by an officer or representative of the Police Department to provide such towing service work.

(Ord. No. 2020-1056, § 2, 2-24-2020)

A. The Chief of Police shall establish and maintain a rotation list of towing service operators. The Chief of Police shall have the discretionary authority to determine, from time to time as he may deem necessary, the number of operators placed upon the rotation list. The Chief of Police may, in his discretion, increase or decrease the number of operators on the list as necessary to ensure the convenient and economical management of the rotation tow program and to ensure availability of a sufficient number of financially solvent and competent towing service operators required to meet the needs of the Department for prompt and competent services.

B. The rotation list shall consist of those towing service operators who make application to be included on the list, who meet the requirements of this chapter, and who are selected from time to time by the Chief of Police to be placed upon the list. Each operator of a towing service selected for placement on the rotation list shall sign a service agreement with the City, which agreement shall include compliance with the provisions of this chapter.

C. When reducing or increasing the number of towing service operators on the rotation list or filling a vacancy on the list, the selection decision of the Chief of Police shall not be limited by length of service of any providers in the program or length of waiting time of any provider to be placed on the list. The Chief of Police shall consider all factors which he may deem relevant to the selection process, including but not by way of limitation, the quality, number and type of equipment possessed by the provider, their past history or reputation for prompt, courteous and efficient service, and the quality and expertise of their employees.

(Ord. No. 2020-1056, § 2, 2-24-2020)

Every towing service operator and tow attendant on the rotation list must have a valid permit issued by the Police Department to provide towing services for the Department.

(Ord. No. 2020-1056, § 2, 2-24-2020)

A. Any towing service operator that wishes to be considered for placement on the rotation list shall submit an application on forms provided by the Police Department. If the operator is a corporation or partnership, one of the officers or partners shall be designated as the manager and shall complete the application on behalf of the operator.

B. Each tow attendant employed by an operator-applicant or an operator already on the rotation list shall also submit an application on forms provided by the Police Department.

(Ord. No. 2020-1056, § 2, 2-24-2020)

An application for operator or attendant permit shall not be considered until an application fee has been paid to the Director of Finance. Such fee shall be established from time to time by resolution of the City Council. A copy of the receipt for fees shall be filed along with the application with the Chief of Police.

(Ord. No. 2020-1056, § 2, 2-24-2020)

A. The Chief of Police shall cause to be conducted an investigation of each applicant and a report of such investigation shall be attached to the application.

B. Each applicant seeking to qualify as an operator or attendant shall submit to fingerprinting, or the equivalent, and shall pay any fees associated with the process. If the applicant is a corporation or partnership, the designated manager shall be subject to this requirement.

(Ord. No. 2020-1056, § 2, 2-24-2020)

All towing service operators and attendants shall be enrolled in the DMV Pull Notice Program. Pull notices shall be kept on file by the operators. Operators shall be required to provide copies of pull notices to the Ceres Police Department within 72 hours of receipt. This requirement includes any reports of activity received throughout the year and quarterly reports for all drivers.

(Ord. No. 2020-1056, § 2, 2-24-2020)

A. Towing service operators shall equip and maintain tow trucks in accordance with the provisions of the California Vehicle Code, title 13 of the California Code of Regulations, the specifications in the service agreement, and in a manner consistent with industry standards and practices.

B. All tow trucks shall have recovery capabilities, wheel lift capacity, and a boom. Class D tow trucks used exclusively for salvage and recovery are not required to possess wheel lift capability.

C. An operator that has a car carrier is exempt from recovery, wheel lift and boom capability requirements; however, carrier must be additional unit and not used for recovery.

D. Towing service operators shall maintain and operate at least two tow trucks, one of which shall be a car carrier.

E. Each tow car or tow truck shall meet or exceed the following standards:

1. Truck chassis: Tow vehicles shall have a manufacturer's gross vehicle weight rating (GVWR) of at least 14,500 pounds capacity with rear dual wheels or the equivalent.

2. Company name: Vehicles shall be marked pursuant to section 27907 of the California Vehicle Code.

3. Lights: Vehicles shall at all times be equipped with the lighting equipment required by sections 25253 and 24605 of the California Vehicle Code and may be equipped with such other lights as the operator may desire which are not forbidden by law.

4. Winch: Each vehicle shall have a chassis-mounted, power-driven winch or winches equipped with safety dogs or equivalent braking devices and minimum cable lengths of 100 feet.

5. Booms: Each vehicle shall have a single or double boom with a minimum capacity of four tons.

6. Required equipment: Each vehicle shall comply with section 27700 of the California Vehicle Code. Additionally, the Department requires each vehicle to be equipped with a spill kit.

7. Radio: Each vehicle shall have, in good operating condition, a two-way communication system, approved by the police chief or his representative, capable of communicating with the parent company dispatcher.

8. Safety vests: Tow attendants shall wear a safety vest or reflectorized clothing, meeting Occupational Safety and Health Administration (OSHA) requirements.

9. Road hazard equipment: Each vehicle shall carry flares, cones, triangles or other roadside hazard equipment not forbidden by law.

10. Additional equipment: Each vehicle shall have a flashlight, in operating condition, broom, dustpan, crowbar, pry-bar, rope or strapping implement for securing steering wheels, hammer, screwdriver, wrenches, safety chain and other miscellaneous hand tools.

F. Equipment will be subject to inspection and approval by the Police Department or a representative selected by the Department, at the time of application and annually, thereafter. An inspection fee, and other acceptable process to confirm equipment meets standards shall be established from time to time by resolution of the City Council. The inspection fee shall be paid for all inspections and re-inspections.

G. The Department shall be notified by the operators when equipment is sold or bought. New equipment shall be subject to Department inspection and approval prior to its use on rotation calls.

H. Operators shall make equipment available to the Department, or its representative, for inspection or reinspection, as scheduled.

(Ord. No. 2020-1056, § 2, 2-24-2020)

Business office and storage facility shall be located within a one-mile driving radius of Ceres' city limits. If an operator has multiple locations, tow trucks must respond from the facility that is within the allowed radius.

A. Operators shall maintain sufficient storage space. Storage facility shall be enclosed by a fence or wall which is of adequate height and strength to be capable of protecting stored vehicles and their contents from pilfering or tampering and comply with all zoning and building requirements of the City. All gates or buildings shall be securely locked when not in use and outside lot shall be screened from public view.

B. Hours:

1. Normal business hours shall be not less than 8:00 a.m. to 5:00 p.m., Monday through Friday, except for the following holidays: New Year's Day, Martin Luther King, Jr. Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, the day after Thanksgiving and Christmas Day. An on-call attendant, capable of responding to requests from the Police Department for towing service and citizens' requests for vehicle releases, shall be available 24 hours each day, seven days per week, including holidays. Business hours shall be posted in plain view of the public.

2. When the office must be closed, a sign shall be posted with the reason for closure. The sign shall have a phone number where a request will result in an immediate response to release property or vehicles. Response to the office shall be within the same time frame required for a normal rotation tow, as specified in section 10.20.170.

C. Schedule of fees:

1. The maximum fees which may be charged by an operator for services rendered pursuant to this chapter shall be established from time to time by resolution of the City Council. Such fees shall be established after a review of fees in comparable communities and operating data supplied by the operators on the rotation list. Operators on the rotation list may periodically, but not more than annually, request that fees be reviewed for possible adjustment. No fees shall be charged other than those established pursuant to this section.

2. The operators shall display in plain view at all cashier's stations, a sign as described in section 3070 of the California Civil Code—not less than 17 by 22 inches with lettering not less than one inch in height, disclosing all storage fees and charges in force, including maximum daily storage rate.

3. The approved schedule of fees charged by operators shall be available in the tow truck and shall be presented upon demand to the person(s) for whom the tow services were provided, their agent, or any Ceres police officer at the scene.

D. Insurance: Operators shall maintain minimum levels of insurance from an insurance carrier admitted in California or, if an operator's business is located outside California, a carrier authorized to do business in California in the amounts consistent with the City's standard requirements.

E. The provision on this section which requires that the business office and storage facility of towing service operators be located within a one-mile driving radius of Ceres' City limits shall not apply to any towing service operator who on the effective date of Ordinance No. 2005-948 was authorized to provide towing services on the City's tow rotation list, provided said towing service operator complied with the provision of the prior ordinance which required the business office and storage facility be located within a one mile radius of the Ceres City limits, measured not by driving miles, but by linear miles on a straight line basis. Further, it is the intent of the City Council that should any such towing service operator change the location of its business office and storage facility, the new location must be within a one-mile driving radius of the Ceres City limits.

(Ord. No. 2020-1056, § 2, 2-24-2020)

A. Operators shall maintain records of all tow services furnished. The records will be maintained at the place of business. Invoices shall at a minimum include a description of each vehicle, nature of service, start time, end time, location of call, itemized costs of towing and storage, the tow truck driver's name, and truck used.

B. At the operators' primary office, shall also be maintained, business records relating to personnel, insurance, personnel taxes, payroll, applicable operating authorities, local operating authorities, lien sale actions, Federal Communication Commission licensing, and non-Ceres rotation tows.

C. The Police Department may inspect all operator records without notice during normal business hours.

D. Operators shall permit the Department to make copies of business records at their place of business, or to remove business records for the purpose of reproduction. The Department shall provide a receipt for any original records removed from the place of business.

E. Records shall be maintained and available for inspection for a period of two years plus the current term of the service agreement.

(Ord. No. 2020-1056, § 2, 2-24-2020)

Operators shall maintain a current list of drivers to be dispatched on Ceres rotation tows. Operators shall notify the Police Department within 72 hours upon any change in driver status, including the addition or deletion of drivers.

(Ord. No. 2020-1056, § 2, 2-24-2020)

No operator or applicant shall have a financial interest in the towing-related business of any other operator or applicant.

(Ord. No. 2020-1056, § 2, 2-24-2020)

Towing service operators shall arrive on scene within 30 minutes of a request for service. The operators shall advise Ceres dispatch, at the time the service request is made, if they are unable to respond or unable to meet the maximum response time. If after accepting a call, the operator is unable to respond or will be delayed in responding, the operator shall immediately notify Ceres dispatch.

(Ord. No. 2020-1056, § 2, 2-24-2020)

A. The Chief of Police or designee shall approve the application by a towing service operator if the Chief of Police or designee finds the requirements of the following subsections have been met:

1. Applicant meets all applicable provisions of this chapter, including amendments and additions, and all other applicable laws and regulations.

2. Applicant is at least 18 years of age and has at least three years verifiable experience operating a towing service. If operator does not have the experience, application may be considered if a full-time manager is employed by operator and has required experience. That manager must have authority to conduct all company business and will sign service agreement. If manager is no longer employed by company, agreement will be void. A new manager must be approved by the Chief of Police.

3. Person or persons authorized to conduct all company business has not been convicted of a misdemeanor for a crime involving theft or fraud, violence, weapons violations, narcotics violations, or moral turpitude within five years of applying for permit.

4. Person or persons authorized to conduct all company business has not been convicted of a misdemeanor for driving under the influence more than once within five years of applying for permit.

5. Person or persons authorized to conduct all company business has not been convicted of a felony within seven years of applying for a permit. However, if the applicant has a certificate of rehabilitation pursuant to California Penal Code 4852.01(a), the Chief of Police may use his/her discretion for approval.

6. Applicant has not conspired, attempted to conspire, or committed any other act of collusion with any other operator or applicant for the purpose of secretly, or otherwise, establishing policies and procedures that would bring about any unfair condition which could be prejudicial to the Police Department, the motoring public, or other operators.

7. Applicant has not provided false, incomplete or materially misrepresented information on application.

B. Upon issuance of an operator permit, said permit shall be displayed in plain view of customers at the operator's main business office.

C. The permit remains the property of the Police Department and shall be returned to the Department if the operator leaves the rotation tow program.

(Ord. No. 2020-1056, § 2, 2-24-2020)

A. The Chief of Police shall approve the application by a tow attendant if the Chief of Police finds the requirements of the following subsections have been met:

1. Applicant meets all applicable provisions of this chapter, including amendments and additions, and all other applicable laws and regulations.

2. Applicant is at least 18 years of age.

3. Applicant is eligible to work in the United States.

4. Applicant is able to speak, read and write the English language.

5. Applicant has a valid California drivers' license.

6. Applicant has a safe driving record.

7. Applicant has not been convicted of a misdemeanor for a crime involving theft or fraud, violence, weapons violations, narcotics violations, driving under the influence or moral turpitude within five years of applying for permit.

8. Applicant has not been convicted of a felony within seven years of applying for a permit. However, if the applicant has a certificate of rehabilitation pursuant to California Penal Code 4852.01(a), the Chief of Police may use his/her discretion for approval.

9. Applicant has not provided false, incomplete or materially misrepresented information on application.

B. Upon issuance of an attendant's permit, said permit shall be worn at all times while operating a tow car or tow truck on a Ceres rotation tow. Attendant shall present permit, upon request by a police officer or rotation tow customer.

C. The permit remains the property of the Police Department and shall be returned to the Department if the attendant changes employment from one towing operator to another or leaves the towing service for other employment.

(Ord. No. 2020-1056, § 2, 2-24-2020)

Permits issued for a towing service operator or attendant pursuant to this chapter shall be valid, unless suspended or revoked pursuant to section 10.20.250 or 10.20.255, for a period of one year from date of issuance.

(Ord. No. 2020-1056, § 2, 2-24-2020)

Permits issued pursuant to this chapter shall not be transferable to any other person or business. The sale or transfer of the controlling interest in a company shall immediately invalidate the towing service operator permit and the operator shall be removed from the rotation tow program. A new owner may apply for an operator permit and will be considered pursuant to section 10.20.060 and all other applicable requirements of this chapter.

(Ord. No. 2020-1056, § 2, 2-24-2020)

A. Prior to the expiration of any permit, the operator or attendant shall file with the Chief of Police an application for renewal upon forms provided by the Police Department. An application for renewal shall not be considered until a renewal fee has been paid to the Director of Finance. Such fee shall be established from time to time by resolution of the City Council. A copy of the receipt for fees shall be filed along with the renewal application with the Chief of Police.

B. Applications for renewal of permits shall be granted or denied upon the same basis as the original permit, as provided in sections 10.20.180 and 10.20.190.

C. Renewed permits shall be valid, unless suspended or revoked pursuant to section 10.20.250 or 10.20.255, for a period of one year from date of issuance and must be renewed thereafter in accordance with the terms and conditions of this section.

(Ord. No. 2020-1056, § 2, 2-24-2020)

If the holder of a towing service operator permit fails to renew said permit prior to the expiration date of the current permit, the permit shall cease to be valid and the operator shall be removed from the rotation tow program. The operator shall be required to make application for a new permit and will be considered pursuant to section 10.20.060 and all other applicable requirements of this chapter.

(Ord. No. 2020-1056, § 2, 2-24-2020)

If the holder of a tow attendant permit fails to renew said permit prior to the expiration date of the current permit, the permit shall cease to be valid and the attendant shall be removed from the rotation tow program until a renewal application is submitted and approved, pursuant to section 10.20.220.

(Ord. No. 2020-1056, § 2, 2-24-2020)

A. The Chief of Police may suspend or revoke the permit of a towing service operator on any one or more of the following grounds:

1. Failure to meet the requirements set forth in this chapter for towing service operators.

2. Failure to meet the requirements for issuance of a permit as set forth in section 10.20.180

3. Dispatching non-permitted attendants to rotation calls.

4. Utilizing equipment on rotation calls that has not been inspected and approved by the Police Department.

5. Failure to notify Police Department of temporary closure or unavailability to provide service at least 24 hours prior to the date services will be unavailable.

6. Violation of gross vehicle weight rating (GVWR) and safe loading requirements of a tow truck. This includes exceeding the tow truck's GVWR, front axle weight rating, rear axle weight rating, maximum tire weight ratings, or not maintaining 50 percent of the tow truck's unladen front axle weight on the front axle while towing.

7. Failure to respond to perform required towing service and/or repeated failures to meet the maximum response time.

8. Intentionally overcharging or a pattern of overcharging customers.

9. Substantiated complaints for misconduct including, but not limited to, the following:

a. Rude or discourteous behavior.

b. Lack of service, selective service, or refusal to provide service which operator is/should be capable of performing.

c. Sexual harassment or impropriety.

d. Exhibiting any objective symptoms of alcohol and/or drug use.

10. An arrest of a member or employee for a felony charge,

11. Repeated failure to keep scheduled equipment inspection and reinspection appointments.

12. Failure to comply with Department requests for business and/or driver records.

13. Offering gratuities to or granting requests for gratuities from City of Ceres employees.

14. Failure to satisfy a court order mandating reimbursement to vehicle or property owner for damage or loss which occurred while vehicle was in operator's custody.

15. If any member/employee of the towing service operator gives any false information to any member of the police department or falsifying any police department document.

B. In determining whether to impose a suspension or revocation and the proper duration, the Chief of Police shall consider whether the operator has received prior warnings or suspensions concerning violations of the provisions of this chapter, the extent of the hazard to the public, all mitigating factors, and whether the operator has shown a pattern of improper conduct.

C. Before suspending or revoking an operator's permit, the Chief of Police shall conduct an informal hearing. The operator shall be notified in writing, to the business address, of the time and place of the hearing, shall be informed of the facts on which the Chief of Police might order the suspension or revocation, and shall be given the opportunity to appear and present evidence on his/her own behalf. The hearing shall be held no less than five business days and no more than ten business days from the date of mailing.

D. The operator shall be notified in writing of the Chief of Police decision within five business days from the date of the hearing. The Chief of Police decision shall be subject to no further appeal.

E. Nothing herein shall prohibit the Chief of Police from immediately suspending or revoking any operator whose conduct, in the opinion of the Chief of Police is deemed to be a danger to the public.

F. A suspended operator shall not be eligible for rotation listing in any capacity within a towing service until suspension period is complete.

G. A revoked operator shall not be eligible for rotation listing in any capacity within a towing service for a period of five years from the date of revocation.

(Ord. No. 2020-1056, § 2, 2-24-2020)

A. The Chief of Police may suspend or revoke the permit of a tow attendant on any one or more of the following grounds:

1. Failure to meet the requirements set forth in this chapter for tow attendants.

2. Failure to meet the requirements for issuance of a permit as set forth in section 10.20.190

3. Substantiated complaints for misconduct including, but not limited to, the following:

a. Rude or discourteous behavior.

b. Lack of service, selective service, or refusal to provide service which attendant is/should be capable of performing.

c. Sexual harassment or impropriety.

d. Exhibiting any objective symptoms of alcohol and/or drug use.

4. If any member or employee is arrested for a felony charge.

5. If any member/employee of the towing service operator gives any false information to any member of the police department or falsifying any police department document.

6. Offering gratuities to or granting requests for gratuities from City of Ceres employees.

B. In determining whether to impose a suspension or revocation and the proper duration, the Chief of Police shall consider whether the attendant has received prior warnings or suspensions concerning violations of the provisions of this chapter, the extent of the hazard to the public, all mitigating factors, and whether the attendant has shown a pattern of improper conduct.

C. Before suspending or revoking an attendant's permit, the Chief of Police or designee shall conduct an informal hearing. The attendant shall be notified in writing, to the business address, of the time and place of the hearing, shall be informed of the facts on which the Chief of Police might order the suspension or revocation, and shall be given the opportunity to appear and present evidence on his/her own behalf. The hearing shall be held no less than five business days and no more than ten business days from the date of mailing.

D. The attendant shall be notified in writing of the Chief of Police decision within five business days from the date of the hearing. The Chief of Police decision shall be subject to no further appeal.

E. Nothing in this chapter shall prohibit the Chief of Police from immediately suspending or revoking any attendant whose conduct, in the opinion of the Chief of Police, is deemed to be a danger to the public.

F. A suspended attendant shall not be eligible for rotation listing in any capacity within a towing service until suspension period is complete.

G. A revoked attendant shall not be eligible for rotation listing in any capacity within a towing service for a period of five years from the date of revocation.

(Ord. No. 2020-1056, § 2, 2-24-2020)

A. A call to an operator shall constitute one turn on the list and the operator shall be moved to the bottom of the list. This includes when the operator fails to answer the phone, is unable to respond, is unable to perform the required service, refuses to respond or provide service, or is cancelled due to excessive response time.

1. If it is determined that the operator is not needed and is cancelled by the Police Department, up to and including arrival at the scene and standby time which does not result in a tow, the operator will be placed back at the top of the list.

2. If the operator is cancelled by the vehicle's registered owner or agent prior to the operator taking possession of the vehicle, there shall be no charges for towing. The operator shall immediately contact the Police Department and advise them of the cancellation. The operator will then be placed back at the top of the list.

3. If service, other than towing, recovery, and load salvage, has begun and is cancelled by the vehicle's registered owner or agent, the operator may charge one-half of the regular hourly service charge for the time expended on the call. For purposes of cancellation, service begins when physical work on the vehicle has begun, not the response. No lien shall arise for the service unless the operator has presented a written statement to the vehicle's registered owner or agent for the signed authorization of services to be performed. The operator shall not attempt to take possession of the vehicle in order to establish a lien for any non-towing services performed, or begun and subsequently cancelled, when not entitled to such lien by law.

B. If none of the operators on the rotation list have the necessary skills or equipment to handle a specific task, the Department may request service from any other person or company capable of handling the request. A deviation from the normal rotation for such reason shall not cause a loss of rotation turn by either the operator who was determined to be incapable or not properly equipped for handling the request or by another rotation operator who does respond. In the event that the Chief of Police, or his authorized representative, determines that there is an emergency, the provisions of this chapter shall not apply, and the Department may obtain towing service from any source deemed appropriate.

(Ord. No. 2020-1056, § 2, 2-24-2020)

The provisions of this chapter shall be deemed as supplemental to the business license tax and any other pertinent laws and ordinances of the City.

(Ord. No. 2020-1056, § 2, 2-24-2020)

The Chief of Police may adopt such administrative rules and regulations as may be reasonably required to implement and administer the provisions of this chapter.

(Ord. No. 2020-1056, § 2, 2-24-2020)

In addition to the other processing fees charged pursuant to this chapter, there is assessed an annual administration and supervision fee, as set forth by a resolution of the City Council, against each tow service operator on the tow rotation list. Said fee shall be due on July 1 of each year. The payment of said fee shall be a condition precedent to continued participation on the tow rotation list. A ten percent interest penalty shall be charged on any balance owing after July 10.

The fee may be increased by resolution of the City Council passed at a regularly scheduled meeting of the City Council after at least ten days' written notice to all rotation tow operators of the City's intention to increase the fee. The fee may not exceed the reasonable cost of administering and supervising the rotation tow list program.

(Ord. No. 2020-1056, § 2, 2-24-2020)