Compton Municipal Code § 9-22 Tow Truck Code

[Added by Ord. #1584, § 2-6430]

The provisions of this section shall be known as the "Tow Truck Code" and may be cited as such.

[Ord. #2207, § 1]

Those tow truck operators chosen by the City Council to order or request the towing of City vehicles or private vehicles desired to be removed by the local authorized law enforcement agency(s) of the City or auto abatement personnel, pursuant to provisions of law, shall be limited to tow truck businesses that are in compliance with the provisions of the Tow Truck Code.

[1]

Editor's Note: Former Subsection 9-22.2, Definitions, previously codified herein and containing portions of Ordinance Nos. 1584 and 1715, was repealed in its entirety by Ordinance No. 2207.

[Added by Ord. #1584, § 2-6432]

This section is not the exclusive regulation of tow truck operations. It shall be supplemental and in addition to the other regulatory codes, statutes and ordinances heretofore enacted by the City and state or any other legal entity or agency having jurisdiction.

[Ord. #2207, § 2]

Except as otherwise provided, the provisions of this section shall be administered by the local authorized law enforcement agency(s) of the City or other regularly employed and salaried employee designated by such agency(s).

[Added by Ord. #1584, § 2-6434]

In order to operate within the City, a towing business shall beforehand have duly obtained a towing service permit and business license.

[Added by Ord. #1584, § 2-6435; Ord. #2207, § 3]

a. Applications for permits to provide towing service within the City shall be made on forms furnished by the local authorized law enforcement agency(s) of the City containing spaces for such information with reference to the applicant as the local authorized law enforcement agency(s) of the City may reasonably require.

b. All information required shall be given under oath.

c. Each application shall be accompanied by a true photograph of each applicant approximately 1 1/2 square inches and taken within 30 days of the date of application and by the true fingerprints of the thumb and fingers of each hand of each applicant. In the case of a corporation, such photograph and fingerprints shall be furnished by the president and vice-president, secretary and treasurer of the corporation; in the case of a partnership or firm, of each member or partner of the partnership or firm; and in the case of individuals, of each individual applicant. A nonrefundable fee of $12 shall be remitted at the same time application for a towing permit is sought. Such application shall be made in person between the hours of 8:00 a.m. and 4:00 p.m. on any Friday.

d. Failure to furnish the required truthful information, photograph and fingerprints shall be sufficient grounds for denial of any application.

[Added by Ord. #1584, § 2-6436; Ord. #2207, § 4]

All towing equipment used by towing service permit holders shall comply with the following requirements:

a. All applicable sections of tow car requirements listed in the California Vehicle Code.

b. Adequate equipment to handle any passenger vehicle, motorcycles and/or large and small trucks, trailers, tractors and other similar heavy equipment. Standard tow truck or trucks shall be used, not converted pickup trucks.

c. A cable winch of sufficient size and capacity to retrieve vehicles which have gone over embankments or off traveled portions of roadways into inundated areas or other inaccessible locations.

d. Tow car operators must be proficient in unlocking vehicles on law enforcement order when required.

e. Tow trucks shall be radio-equipped with equipment approved by the local authorized law enforcement agency(s) of the City.

[Added by Ord. #1584, § 2-6437.1]

All vehicles taken into custody by the Police Department must be stored in areas that are enclosed by a substantial wire fence or wall, and that have facilities for locking all gates or doors. Such fence or wall enclosures shall not be less than six feet in height, and shall be provided with not less than one gate or door of adequate width and height. The bottom edge of the enclosure structure shall not be more than two inches above the finished parking surface of the enclosed area. All fence or wall enclosure structures shall be maintained in first class order throughout the term of this contract. Any damage to fence or wall structures shall be repaired within 24 hours to ensure proper protection for the stored vehicles. The facilities shall have a capacity to store 200 vehicles outside and a capacity to store 10 vehicles under sheltering cover giving protection from the elements.

[Added by Ord. #1584, § 2-6437.2]

Storage lots and/or garages shall have an attendant on duty, on the premises during normal working hours. Normal working hours are defined as meaning from 8:00 a.m. to 5:00 p.m., Monday through Friday, and from 8:00 a.m. to 12:00 noon on Saturday.

[Added by Ord. #1584, § 2-6438]

Any person having a permit issued for the conduct of the business under the provisions of this section, may file an application for a transfer of location upon the payment of an application fee of $12 for so doing and it shall not be necessary to pay any other permit fee herein required in connection with a change of location; however, the gross receipts tax mentioned in Subsection 9-2.1a19 shall entitle any person to operate only one tow service in the City, and any person desiring an additional, separate and new location shall make a new application in conformity with the procedure heretofore outlined in this section, and shall pay an initial application fee of $12 for so doing.

[Added by Ord. #1584, § 2-6439]

Any person holding a license or permit to conduct a tow truck service at a given location who should desire to enlarge or extend the area of said place of business by adding thereto adjoining or contiguous property shall not be deemed to be operating more than one tow truck service; but in the event such adjacent or contiguous property is desired to be used in connection with the original business location, the holder of said permit, to include such additional adjoining or contiguous property, shall pay therefor a fee of $12 for so doing. Permits are not assignable.

[Added by Ord. #1584, § 2-6440]

The above provision shall not be deemed to limit the duty of the Council to impose other or further conditions to the granting or renewal of any such permit reasonably deemed to protect and preserve the public peace, health and safety, and general welfare.

[Added by Ord. #1584, § 2-6441]

Permittees shall be insured and provide certificates of insurance for the following types of coverage:

a. Workers compensation insurance as required by the Workers Compensation Law.

b. Comprehensive general liability insurance covering the permittee and City as coinsured with not less than the following limits of liability:

1. Bodily injury or death: $300,000;

2. Property damage, each occurrence: $100,000.

[Added by Ord. #1584, § 2-6442; Ord. #2207, § 5]

Upon the filing of an application for a permit to provide towing services, the City Council shall fix the time and date for public hearing thereon. The Council shall refer the matter to the local authorized law enforcement agency(s) of the City, who shall cause an investigation to be made respecting the necessity for the proposed service or addition of services within the City.

At least 10 days' written notice of the time and place set for the public hearing shall be given to the applicant and to all persons then holding permits. Notice shall also be given the general public by posting a notice of such hearing on the bulletin board in the main lobby of the City Hall at least 10 days prior to such hearing. Any interested person may file with the City Clerk a memorandum in support of or in opposition to the issuance of a permit and certificate. At the public hearing of the matter, evidence may be received with reference thereto but shall not necessarily be limited to the matters contained in the application. In conducting such hearings, the City Council shall, among other matters as it may deem pertinent, take into consideration the number of towing services already in lawful operation in the City; the probable effect of increased service to the City; the character, experience and personal financial responsibility of the applicant; the capacity and ability of the applicant to satisfactorily perform referred towing services; and other factors relevant to the application.

[Added by Ord. #1584, § 2-6443]

Each permittee shall maintain separate accounting records of all charges for impounded and stored vehicles. Such records shall be available to representatives of the City Controller for audit purposes.

[Added by Ord. #1584, § 2-6444; Ord. #1823, § 1; Ord. #1838, § 1; Ord. #1853, § 1; Ord. #1905, § 1; Ord. #2207, § 6; 11-9-2021 by Ord. No. 2340]

The maximum rates to be charged for towing services shall be established as follows:

a. Towing. Charge shall be based on an hourly rate for time actually consumed. Automobile and motorcycle rates shall be $69.50 for the first hour or fraction thereof, $34.75 for each additional half-hour or fraction thereof over first hour.

b. Heavy-Duty Towing.

1. When the disabled truck is upright and does not require special preparation for towing, rates shall be $136 for the first hour or fraction thereof for a heavy-duty tow unit; $68 for each additional half-hour or fraction thereof over first hour; $30 an hour or fraction thereof for each extra man required.

2. When the truck has overturned, or is on another vehicle, or has gone down an embankment, or requires special equipment and preparation prior to towing, rates shall be $190.50 an hour or fraction thereof for a heavy-duty unit; $190.50 per hour for each additional heavy-duty tow unit; $95.25 for each additional half-hour or fraction thereof over the first hour; $30 an hour or fraction thereof for each additional man required.

An additional 50% of the charge incurred may be included in the total fee when the disabled truck carries a dangerous cargo of inflammables, corrosives, explosives or liquid gas.

c. Storage. Charges shall be based on a daily rate which extends from midnight to midnight the following day. A vehicle must be at the tow service for over eight hours before a second day charge can be levied.

1. Motorcycles, including scooters: Rates shall be $4.25 the first day and $4 each day thereafter.

2. Automobiles and trucks to and including one ton; Rates shall be $13 for the first day and $13 each day thereafter.

3. Trucks over one ton and less than 20 feet: Rates shall be $14.50 for the first day and $14.50 for each additional day thereafter.

4. Trucks over one ton and over 20 feet: Rates shall be $19.25 for the first day and $19.25 for each additional day thereafter.

d. Exceptions. When a release request is made within the first hour of storage, the storage fee shall be waived.

When a release request is made within the second hour of storage, the storage fee shall be one-half of the regular fee.

When a release request is made within twenty-four hours, only one day's storage shall be charged, regardless of the calendar date.

When a release request is made between 7:00 p.m. and midnight, one day's storage fee shall be waived providing such release occurs within the mandatory release hours (6:00 a.m. to 7:00 p.m.) of the following day.

e. Long Term Storage. Vehicles impounded by the local authorized law enforcement agency(s) of the City for periods in excess of 30 days will revert to "long term," half-rate storage fee, i.e., automobiles at $6.50 a day.

f. After-Hours Service. Contractor agrees to respond to release any vehicle impounded or stored at his premises, and as compensation may charge 1/2 the basic hourly rate for towing as a fee for his service. If time consumed exceeds 1/2 hour, contractor may charge $24 for each additional 1/2 hour or fraction thereof.

g. Hook-Up/Let Down Fees. Contractor shall not charge a fee for "hooking up" or "letting down" a vehicle from its tow truck if said vehicle was not actually towed to contractor's garage. Unless contractor has departed the tow scene, he shall not tow a stored vehicle to his garage if the owner or authorized agent thereof requests its possession.

[1]

Editor's Note: Section 2 of Ordinance 1838, and as amended by Ordinances 1853 and 1905, provides that all bills shall be itemized; and that all rates and charges, set forth by this ordinance, shall be posted in the operator's office. Moreover, additional charges shall not be made for special equipment or service necessary to prepare vehicles for towing except as provided herein.

[Added by Ord. No. 1584, § 2-6445]

It shall be the duty of the tow truck operator to remove all debris, where possible, from the accident scene before leaving the scene of the accident. Repeated failure to adhere to this subsection may cause for revocation or suspension of a permit.

[Added by Ord. #1584, § 2-6446]

The right of any vehicle owner involved in a traffic collision to call for traffic service of his own choosing shall not be infringed upon so long as the removal of his vehicle is made without undue delay. In those cases where the owner of a damaged vehicle chooses to use the service of the City's referral tow service and storage garage, such services and charges related thereto shall be the responsibility of the contractor and owner of the vehicle.

[Added by Ord. #1584, § 2-6447; Ord. No. 2207, § 7]

Except as otherwise provided, a tow service and storage operator shall not display any signs or advertising materials which indicate that his or her operation is an official towing service or garage of the City without having been so designated by the City Council.

[Added by Ord. #1584, § 2-6448]

The City reserves the right to inspect the facilities, equipment and premises of the permittees hereunder at any time during the life of this permit in order to ensure that all terms and conditions of this Chapter are being satisfactorily met and complied with.

[Added by Ord. #1584, § 2-6449]

A tow truck business lawfully existing on December 1978, is hereby granted an automatic variance so as to permit the continuation of the use for a period not exceeding three years from August 23, 1979, provided no additions or enlargements of such use are made during the period of such automatic variance except those required by law unless full compliance with the provisions hereof are effected prior to such additions or enlargements, and the same are otherwise approved as may be required by law.

[Added by Ord. #1584, § 2-6450; Ord. #2207, § 8]

Permits provided for this section may be granted, denied, revoked, suspended or canceled whenever in the exercise of reasonable and sound discretion the City Council determines that the provisions of this section have not been complied with or that the permittee is not a fit or proper person to operate within the City of Compton. The local authorized law enforcement agency(s) of the City shall conduct an annual review of towing service permits and report to the City Council thereon.

[Added by Ord. #1584, § 2-6451]

a. Unlawful. It shall be unlawful for any person to violate any of the subsections or provisions of this section.

b. Violation a Misdemeanor. No person shall violate any provisions, or fail to comply with any of the requirements of this section. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this section shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of this section shall be liable to the penalty established in § 1-6.

[Added by Ord. #1584, § 2-6452]

Each permittee who contracts with the City to provide towing services shall pay to the City a sum of 5% of that portion of the permittee's gross receipts exceeding $5,000 developed from or attributed to the City's referred tow business (storage fees not included). Such payments shall be made on or before the last day of the month following the close of each calendar quarter, after the $5,000 figure has been reached. This payment shall be payable in addition to the permittee's general business tax. A permittee who fails to remit the payment when due and imposed by this section shall pay a penalty of 10% of the amount due in addition to the payment.

[Ord. #1683, § 1; Ord. #2207, § 9]

Vehicles which are taken into police custody pursuant to this section shall be released in accordance with the following provisions:

a. Impounded Vehicles. Any vehicle or part which the local authorized law enforcement agency(s) of the City has ordered held by the operator because of involvement in any crime or infraction or the true owner of the vehicle cannot be ascertained, shall be deemed an impounded vehicle and shall not be released to any person without the prior written approval of the local authorized law enforcement agency(s) of the City.

b. Stored Vehicles. Any vehicle or part which is kept for safekeeping and is not otherwise an impounded vehicle or part as defined above shall be deemed a stored vehicle and may be released at the discretion of the operator to any person presenting proper identification and evidence of ownership and upon payment of all required charges. Operator shall hold the City of Compton and its local authorized law enforcement agency(s) harmless from any claims arising from the alleged improper release of vehicles or parts.