Chino Municipal Code Ch. 5.36 Towing Service Regulations

The city council finds that the residents of the city of Chino and members of the public who own or operate motor vehicles are in need of reliable and responsive tow services and storage in the event that they are unable to operate their motor vehicles or their motor vehicles become inoperable. The city council further finds in partial reliance on the findings in California Vehicle Code Section 14607.4 that the public health, safety and welfare will be served making the streets safer though enforcement of the requirements of the California Vehicle Code and Department of Motor Vehicles that drivers be licensed and insured, that vehicles be registered and others requirements which may be applicable. The public health, safety and welfare will also be served by the removal of motor vehicles from the public right of way, or private property, that are inoperable, illegally parked, constitute a nuisance or safety hazard, or are required for statutory or evidentiary purposes. Therefore, the purpose of this chapter is to establish a system to regulate privately owned and operated tow services that will remove, transport and store motor vehicles in a safe, reliable and responsive manner.

(Ord. 99-13 §2, 1999.)

As used in this chapter, the following words are defined as follows:

"City" means the city of Chino.

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

"Chief of police" or "chief" means the chief of police of the Chino police department or anyone designated by the chief.

"Permittee" means a tow service operator that has been issued a tow service permit.

"Rotational list" means a list maintained by the chief of police containing the names of the tow service operators permitted hereunder to respond to calls for service by officers of the Chino police department.

"Tow service operator" means any person engaged in the business of towing and/or storing motor vehicles for hire.

"Tow service permit" means a permit issued by the chief of police to a tow service operator hereunder that authorizes said operator to respond to calls for service by officers of the Chino police department, which shall be subject to the provisions of this chapter and any conditions imposed thereon by the chief of police.

(Ord. 99-13 §2, 1999.)

A. The chief of police may issue nonexclusive tow service permits to three tow service operators to provide for the towing and storage of motor vehicles. The chief of police, in his/her discretion, may issue additional nonexclusive tow service permits depending on the city's needs. In exchange for the grant of a permit, the permittee shall comply with the provisions of this chapter including the collection and payment of such fees, as determined by city council resolution from time to time, for calls for service initiated by the Chino police department.

B. No tow service operator may respond to any call for service initiated by an officer of the Chino police department, or authorized dispatcher thereof, without first having obtained a tow service permit from the chief of police. In furtherance of the purpose of this chapter, the chief of police shall issue a sufficient number of tow service permits to meet the needs of the residents of the city and members of the public who own or operate motor vehicles within the city. The number of tow service permits issued shall not exceed one for every twenty thousand of population in the city.

C. As an exception to the provisions of this chapter, the police chief may issue temporary tow service permits to one or more tow service operators to provide for the towing and storage of motor vehicles without compliance with the provisions of this chapter in emergency situations.

(Ord. 99-13 §2, 1999.)

(Ord. 2023-003, § 2, 2023.)

The following conditions are imposed upon each and every tow service permit issued by the chief of police:

A. All of the requirements and duties contained in this chapter;

B. The permit is a privilege, not a right, and it may be revoked at any time in the manner provided in Section 5.36.150;

C. The tow service operator, its principals, agents and employees are not employees of the city;

D. The tow service operator releases the city from any and all claims, expenses, damages, losses and liability that may arise from the issuance of the permit, permit conditions, revocation of the permit, or any service rendered in response to any call for service from the Chino police department;

E. As between the city, the tow service operator assumes any and all expenses, damages, losses and liability for any motor vehicle serviced, transported, stored or released from storage;

F. An acknowledgment that the tow service operator shall not release any motor vehicle impounded and sealed by an officer of the Chino police department and stored at the storage area of the tow service operator without the prior written authorization from the chief of police;

G. The tow service operator accepts responsibility for any and all personal property left in the vehicles that it may tow or store;

H. The tow service operator agrees to indemnify and hold harmless, the city, its officers and employees from any and all claims, damages, expenses, loses and liability arising from any act or omission in connection with any service rendered in response to any call from the Chino police department;

I. The tow service operator shall maintain insurance as required by Section 5.36.080.

J. The tow service operator shall collect such fees as the city council may establish and shall remit to the city those fees or portions thereof which may be required by the city from time to time pursuant to Section 5.36.130.

K. The tow service permit is nontransferable.

(Ord. 99-13 §2, 1999.)

Each and every tow service operator requesting a tow service permit shall submit an application to the chief of police providing the following information:

A. The name of the tow service operator;

B. The business address and telephone number of the principal place of business of the tow service operator, and the address and telephone number of its storage area if different from its principal place of business;

C. The name, home address and telephone number of the designated representatives of the tow service operator who are authorized to respond to service calls and to represent the tow service operator;

D. The telephone number and location where service calls will be received by the tow service operator;

E. The location, size and security features of the storage area where towed motor vehicles shall be stored;

F. The location where the public may claim stored motor vehicles;

G. Identification of the towing equipment to be utilized by the tow service operator to provide service to the Chino police department including their vehicle identification and license numbers and their size and capacity;

H. Insurance coverage maintained, including insurance companies and policy numbers;

I. An acknowledgment that the tow service operator shall provide service to the Chino police department on a continuous twenty-four hour per day basis each day of the year unless exempted by the chief of police;

J. A statement that no principal, agent, contractor, or employee of the tow service operator has been convicted of any felony or any misdemeanor involving theft, burglary, possession of stolen property, violence on the person of another, illegal acquisition of vehicles, parts or documents, flagrant or repeated violations of the Vehicle Code, violations involving narcotics or dangerous drugs or moral turpitude. Any principal, agent, contractor or employee who has been convicted of such crimes may work for the tow service operator, but shall not drive or operate any vehicle related to the tow services provided under this chapter in the City of Chino.

K. A statement executed by the tow service operator that the tow service operator has received, read, understood and agrees to comply with the provisions of this chapter and all conditions imposed on the tow service permits; and

L. A statement executed by the tow service operator that the tow service operator is credit worthy, not insolvent and has not filed any petition in bankruptcy.

(Ord. 99-13 §2, 1999.)

(Ord. 2023-003, § 3, 2023.)

A. Within ninety days after receiving a completed application for a tow service permit, the chief of police shall investigate the accuracy and truthfulness of the information contained in the application. During the investigation, the tow service operator shall cooperate with the investigation and shall provide such additional information as requested by the chief. Upon completion of the investigation, the chief may grant or deny a permit and notify the applicant thereof.

B. If the investigation by the chief of police discloses that the information provided in the application is complete and accurate, the chief of police may issue the permit. If any information provided in the application is found to be incorrect or inaccurate, the application shall be denied and returned to the applicant to provide correct information. The application may be resubmitted following correction.

C. The permit application shall be denied if the investigation discloses any violations of this chapter or any response to the matters set forth in subsections E, F, J or L of Section 5.36.050 which indicates that the applicant is unable or unwilling to comply with the requirements of this chapter, including Section 5.36.150.

D. The first permit to a tow service operator shall be valid for a period of one year only. Tow service permits in existence on the effective date of this chapter shall have a term of three years. Prior to the expiration of an existing permit, the tow service operator may apply to renew the permit by submitting a new application and application fee therefor to the chief. After an investigation of the application for a renewal of the permit, the chief may renew the permit for one year or three years based upon the performance of the tow service operator during the prior permit period.

E. Notwithstanding any other provision of this chapter, the chief may grant or deny any application hereunder if the tow service operator fails to comply with the provisions of this chapter or if the public will not be served by the issuance of such a permit.

(Ord. 99-13 §2, 1999.)

Each tow service operator granted a permit hereunder shall provide and maintain the facilities and equipment described herein. No tow service operator shall be granted a permit hereunder unless and until the tow service operator has provided satisfactory evidence to the chief of police that it has provided and can maintain the following:

A. A current business license and business licenses for each of the last three years from the city of Chino as a tow service operator;

B. A principal place of business and the storage yard located in the city or within the Sphere of Influence of the city;

C. Two or more tow vehicles of sufficient size and weight to remove and transport motor vehicles, excluding truck tractors;

D. The tow vehicles shall comply with the provisions of the California Vehicle Code including but not limited to Sections 24605, 25253, 25300, 27700 and the requirements for smog equipment;

E. The tow vehicles shall be equipped as follows:

1. A two way radio on the same frequency as the base station located at the point where calls for service originating from the Chino police department are received;

2. Flashing amber warning lamps which shall be displayed as may be deemed advisable to warn approaching motorists during the period of preparation at the location from which the disabled motor vehicle is to be towed, and which may be displayed to the rear when such tow vehicle is towing motor vehicles and moving at a speed slower than the normal flow of traffic.

3. One or more brooms to be used by the tow vehicle operator to remove all glass and debris deposited on the roadway by the disabled motor vehicle which is to be towed;

4. A shovel to be used whenever practical to spread dirt upon that portion of the roadway where oil or grease has been deposited by the disabled vehicle to be towed; and

5. One or more fire extinguishers with a 20-ABC rating.

F. The storage facilities for the security of towed vehicles shall consist of the following:

1. A fenced storage yard; and

2. An additional secured storage area within the fenced storage yard capable of accommodating four vehicles.

(Ord. 99-13 §2, 1999.)

Each tow service operator granted a permit hereunder shall provide and maintain the insurance coverage as described herein. Each tow service operator granted a permit hereunder shall not be issued a permit unless and until the tow service operator has submitted satisfactory evidence to the chief of the following insurance coverage:

A. Liability insurance for injury or accidental death with minimal limits of seven hundred fifty thousand dollars that covers the operation of the tow service owner's business, equipment, or other vehicles for any bodily injury or property damage.

B. Liability insurance for property damage with minimal limits of one hundred thousand dollars that covers loss by fire, windstorm, theft, negligence, vandalism, malicious mischief and explosion within the tow service's garage and/or storage facility.

C. Workers compensation insurance as required by the state of California, garage keepers insurance and comprehensive general liability insurance in a sum required by the city.

D. Each insurance policy required under this section must contain an endorsement by the carrier to provide thirty days notice to both the city and the insured in the event of any change in coverage under the policy or bond.

E. Each insurance policy shall name the city and its officers and employees as an additional insured thereunder.

(Ord. 99-13 §2, 1999.)

Each and every tow service operator issued a permit hereunder shall perform and comply with the following duties:

A. Provide service for the towing of motor vehicles and their safe storage on a continuous twenty-four hour per day basis each day of the year in response to calls for service initiated by the Chino police department unless exempted by the chief;

B. Maintain a person on duty at all times for the purpose of receiving calls initiated by the Chino police department to dispatch tow vehicles;

C. Arrive at the location requested by the Chino police department within twenty minutes of the time the call for service was received, or within thirty minutes if the tow service operator is requested to tow a vehicle that weighs five tons or more;

D. Remove all glass and debris deposited on the roadway by, or in the vicinity of, the motor vehicle to be towed;

E. Spread sand upon that portion of the roadway where oil or grease has been deposited by, or in the vicinity of, the motor vehicle to be towed;

F. Tow the motor vehicle in a safe manner as requested by the owner or operator thereof unless otherwise directed by an officer of the Chino police department;

G. Store the motor vehicle if requested by the owner or operator thereof, or impound and seal the motor vehicle if requested by the Chino police department at the storage facility maintained by the tow service operator;

H. Maintain an attendant at the storage facility during normal business hours for the release of stored motor vehicles to the owners thereof;

I. Maintain a claim check system to assure that stored motor vehicles are released to their legal or registered owners, or those persons authorized by their legal or registered owners, from the storage facility;

J. Not release any motor vehicle impounded and sealed by the Chino police department without written authorization from the chief of police;

K. Maintain all tow vehicles, equipment and storage facility in a safe and clean condition at all times; and

L. Comply with all reporting requirements of California Vehicle Code Section 10652 and 14602.6 for any vehicle stored for thirty days.

(Ord. 99-13 §2, 1999.)

A. The tow service operator shall record and maintain the following information for each call for service originating from the Chino police department to which it responds:

1. Date and time call each call for service is received;

2. Date and time the tow vehicle arrives at location of the motor vehicle;

3. A description of the motor vehicle including its license number, make, year, color and any visible damage;

4. The nearest street address or other street location of motor vehicle;

5. Name of driver of the motor vehicle, if any;

6. A description of service rendered;

7. The location where vehicle is towed;

8. Date and time the motor vehicle was delivered; and

9. The name of principal or employee who was dispatched by the tow service operator to the motor vehicle.

B. The tow service operator shall record the following information when a towed vehicle is stored at the storage facility of the tow service operator:

1. The date and time the motor vehicle was stored and released;

2. The name of legal or registered owner, or those persons authorized by the legal or registered owners, to whom the motor vehicle was released; and

3. Name of officer at Chino police department authorizing release of motor vehicle, if applicable.

C. The tow service operator shall record and maintain accurate records showing the towing services and storage fees charged and paid for the service rendered hereunder.

D. All such records shall be verified by the tow service operator and submitted to the chief of police no later than five days after the end of each month for the motor vehicles towed or stored during the prior month.

E. The chief of police and any member of the Chino police department may inspect the principal place of business, tow vehicles, equipment, vault, security room, storage facility, stored motor vehicles and the records described herein at any reasonable times, but not less than once each year.

(Ord. 99-13 §2, 1999.)

Officers of the Chino police department are authorized to request towing and or impoundment of motor vehicles pursuant to the California Vehicle Code, including sections 2802.5, 9801, 10751, 14601, 14602, 14602.5, 14602.6, 14602.7, 16029, 22523, 22651, 22651.2, 22651.3, 22651.9, 22655, 22655.3, 22655.5, 22659.5, 23109, 23109.2, 23195, 23224, 34660, and 38301.5, or any additional provisions which become applicable in the future.

(Ord. 99-13 § 2, 1999.)

The chief of police shall make reasonable efforts to insure that tow service operators are called for service on a rotational basis such that each tow service operator receives a nearly equal number of days wherein each tow service operator is called to provide service. This shall be accomplished by placing each permitted tow service operator on the rotational list in the order that their permits were granted. Thereafter, the chief of police shall assign the calls for service, on a daily basis. This rotational process shall be repeated so that each tow service operator receives a nearly equal number of days to be called to provide service. However, no guarantee is made that each tow service operator shall receive, or be entitled to receive, an equal number of calls for service. Further, no tow service operator whose permit has been suspended or revoked shall receive, nor be entitled to receive, any calls for service during any period of suspension or revocation. In the event that a tow service operator does not appear at the location for service within twenty five minutes after the call for service is initiated by an officer of the Chino police department, the police officer may call the next tow service in order on the rotational list. Further, each police officer may call a tow service operator out of order if the circumstances so require.

(Ord. 99-13 § 2, 1999.)

A. The city of Chino is authorized to establish and collect fees for impoundment and storage of motor vehicles pursuant to the Vehicle Code. Tow service operators are authorized and directed to provide towing, impoundment and storage of motor vehicles on behalf of the city and to collect fees therefor on behalf of the city and to retain all or portions of such fees and charges as authorized hereunder.

B. The chief of police shall determine a schedule of fees to be charged by tow service operators for services performed and storage in response to calls for service requested by the Chino police department and recommend the adoption of such fees by the city council. The fees shall be reasonable. In determining the fee schedule, the chief of police shall consult and obtain recommendations from tow service operators and other public agencies. The schedule of fees shall include a release fee payable to the city based upon the reasonable costs to administer, monitor, and enforce the provisions of this chapter. Such schedule of fees related to towing and storage of vehicles shall be paid by the legal or registered owners of such vehicles, or by those persons authorized by such owners, who claim the motor vehicles from the tow service operators.

C. The city council shall adopt a schedule of fees, by resolution, for towing, storage and release of vehicles as recommended by the chief of police provided that the fees payable to the tow service operators are reasonable and that the release fees payable to the city are based upon the projected actual costs to administer the provisions hereof. The resolution shall designate the fees, including the amounts or percentages thereof to be retained by tow service operators.

D. The Chino police department shall collect release fees from the legal or registered owners, or those persons authorized by their legal or registered owners, who claim stored motor vehicles prior to releasing said motor vehicles from storage. The city manager, or designee, may reduce or waive the release fee as provided in this chapter or the Vehicle Code. The chief shall issue a receipt for payment of said release fees and an authorization to release said motor vehicles from storage.

E. No permittee shall release a motor vehicle from storage unless and until the owner thereof, or the person authorized by said owner, presents an authorization for the release thereof issued by the chief of police.

F. Each permittee shall collect all applicable storage fees prior to releasing vehicles. The tow service operator shall transmit one-half of all storage fees collected to the Chino police department and retain one-half of such fees as compensation for its storage services, and shall remit the balance at the end of each month to the city. The permittee may retain all towing fees. Further, each permittee shall conduct lien sales on behalf of the city, remitting such portion of the proceeds thereof as may be required by the city from time to time.

(Ord. 99-13 § 2, 1999.)

(Ord. 2023-003, § 4, 2023.)

No tow service operator, whether or not permitted hereunder, shall respond to the location of an accident or emergency within the city of Chino for the purpose of towing motor vehicles unless specifically called there by an officer of the Chino police department, the California Highway Patrol, or the driver, registered owner or legal owner of the motor vehicle requiring service. This section is intended to prohibit tow service operators from soliciting business at the scene of any accident or emergency involving any motor vehicle. This section shall not be construed to prohibit tow service operators from contracting with any person for providing tow services within the city of Chino that are not related to an accident or emergency provided that the chief of police shall resolve any conflict on what situation constitutes an accident or an emergency for which only a permitted tow service operator is allowed to respond or contract services.

(Ord. 99-13 § 2, 1999.)

A. The issuance of a tow service permit is a privilege, not a right, and it creates no property interest thereto in any tow service operator. After issuance of a tow service permit to a tow service operator, the chief of police shall have the discretion to take administrative action including the imposition of additional conditions on any permit, placing a permit on probation, suspending a permit or revoking a permit whenever the chief determines:

1. That a permit was secured by fraud or by the concealment of a material fact by the tow service operator, its principal, agents or employees thereof, and such fact, if known, would have resulted in the denial of a permit; or

2. That the tow service operator has violated or failed to comply with any of the provisions of this chapter, or any condition imposed on the permit; or

3. That the tow service operator has failed to provide satisfactory services; or

4. That the tow service operator is in violation of any of the provisions of law including this code.

B. A tow service operator whose permit has been suspended or revoked by administrative action of the chief of police may seek review of such action by the city council by the filing of a written request for review with the city clerk within ten days following the determination of the chief of police. Such request for review shall state all of the grounds upon which review is sought as the city council may not consider grounds not stated in the request for review. The city clerk shall transmit the request to the city council at the next regular meeting and the city council shall determine whether it will consider the request. Upon review of the request, the city council may either deny the request or schedule it for further consideration at a subsequent meeting. If it chooses to consider the request, the city council may request information thereon from the chief of police and provide notice thereof to the tow service operator. At such subsequent meeting, the city council may consider the information provided by the chief of police and any further information that may be provided by the tow service operator. Thereupon, the city council may affirm, reverse or modify the suspension or revocation imposed by the chief of police including the imposition of additional conditions. The action of the city council shall be final and conclusive. In addition, the city council, in its sole discretion, may suspend or revoke any tow service permit at any time, with or without cause and with or without notice.

(Ord. 99-13 § 2, 1999.)

Any person who violates any provision of this chapter shall be guilty of a misdemeanor.

(Ord. 2004-05 § 7, 2004: Ord. 99-13 § 2, 1999.)