Concord Municipal Code Art. V Police Towing Services

The City Council finds that it is in the best public interest to:

(1) Provide the Police Department with an expeditious means for moving damaged and disabled vehicles from the streets and highways of the city and for removing abandoned vehicles, illegally parked vehicles, and those vehicles which must be removed for safekeeping or other lawful reasons.

(2) Provide a dependable towing service to the public through the establishment of a rotation towing system with minimum standards for city-related vehicle towing services.

(Code 1965, § 3330; Code 2002, § 54-151. Ord. No. 86-20)

It shall be unlawful for any tow operator, his agent, or employee to solicit any tow job under this article at the scene of an accident without having first been called by the owner or operator of the disabled vehicle or by the Concord Police Department.

(Code 1965, § 3331; Code 2002, § 54-152. Ord. No. 86-20)

The City Council, by resolution, shall promulgate rules and regulations describing the duties and procedures to be complied with by towing service operators providing city-related towing services pursuant to this article. Such rules and regulations and amendments, upon being filed with the City Clerk, shall constitute enforceable provisions of this article and shall be subject to the penalty provided therein. Violations of the rules and regulations adopted pursuant to this section shall be punishable in accordance with section 1.05.230 of this Code.

(Code 1965, § 3332; Code 2002, § 54-153. Ord. No. 17; Ord. No. 86-20; Ord. No. 92-17)

Any towing service operator selected to participate in the police towing services program shall indemnify, defend, and hold harmless the city against and from any and all claims or suits for damages or injury arising from the operator’s performance pursuant to this article.

(Code 1965, § 3333; Code 2002, § 54-154. Ord. No. 86-20; Ord. No. 92-17)

(a) Upon filing an application to be placed on the rotation list, the applicant shall deposit the processing, inspection, and administration fees as established by the Resolution Establishing Fees and Charges for Various Municipal Services. Every towing service operator providing towing services pursuant to this article shall be subject to the maximum rates for towing services and the annual fees for vehicle and equipment inspections, background investigations, and towing program administration as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.

(b) The City Council shall, upon recommendation from the Chief of Police, determine the maximum chargeable fees and rates for each normal rotation request. These rates shall be set forth in the Resolution Establishing Fees and Charges for Various Municipal Services. The Council shall fix the rates after reviewing the rates allowed in neighboring communities and operating data supplied by operators who have been placed on the rotation list. The fees may be reviewed by Council every two years and may be modified as necessary to comply with this section. For towing services provided under this article, the operator shall charge no more than the rate fixed by the City Council. The operator shall maintain the business records of all rates charged and collected for towing services for a period of four years.

(Code 1965, § 3334; Code 2002, § 54-155. Ord. No. 86-20; Ord. No. 92-17)