Costa Mesa Municipal Code Art. 18 Towing Services

Chief of police

means the Chief of Police of the Costa Mesa Police Department, or his/her designee.

Rotational tow operator

means a tow operator under contract to the City of Costa Mesa to respond to police-initiated requests for tow services.

Tow operation or service

means any activity of towing and/or storing of vehicles, including the removal of vehicles from private property and the performance of other services incidental to towing, for compensation within the city, and shall include rotational tow operators, designated by an agreement with the Costa Mesa Police Department.

Tow operator

means an individual, entity, group of persons, or a business, that obtains a tow operation permit and performs tow services in the City of Costa Mesa. "Tow operator" shall also include the permit holder's agents, assignees or employees.

Tow permit applicant

means an individual, entity, group of persons, or business, that applies for a tow operation permit and to perform tow services in the City of Costa Mesa. "Tow permit applicant" shall also include the permit holder's agents, assignees or employees.

Tow unit

means any vehicle which is used to tow a motor vehicle as part of a tow operations business.

Tow unit driver

means the driver of a tow unit.

(Ord. No. 08-7, § 2, 8-19-08)

(a) The owner or person in lawful possession of private property, including an association of a common interest development as defined in section 1351 of the Civil Code, may cause the removal of a vehicle parked on the property to a storage facility that meets the requirements of section 9-294(i) under any of the following circumstances:

(1) There is displayed, in plain view at all entrances to the property, a sign not less than 17 inches by 22 inches in size, with lettering not less than one inch in height, prohibiting public parking and indicating that vehicles will be removed at the owner's expense, and containing the telephone number of the local traffic law enforcement agency and the name and telephone number of each towing company that is a party to a written general towing authorization agreement with the owner or person in lawful possession of the property. The sign may also indicate that a citation may also be issued for the violation.

(2) The vehicle has been issued a notice of parking violation, and 96 hours have elapsed since the issuance of that notice.

(3) The vehicle is on private property and lacks an engine, transmission, wheels, tires, doors, wind-shield, or any other major part or equipment necessary to operate safely on the highways, the owner or person in lawful possession of the private property has notified the local traffic law enforcement agency, and 24 hours have elapsed since that notification.

(4) The lot or parcel upon which the vehicle is parked is improved with a single-family dwelling.

(Ord. No. 08-7, § 2, 8-19-08)

(a) No person shall operate, or cause to be operated, nor shall any person employ, permit or allow another to operate or cause to be operated a tow unit on the streets of the city, including towing and/or storing of vehicles from private property without first having obtained a towing operator permit in accordance with the requirements of this article.

(b)

(1) The tow operator permit holder shall carry in each tow truck an original or a photocopy of a current business license and a valid tow operator permit.

(2) The tow operator permit holder or its drivers shall on demand show the current business license and a valid tow operator permit to a Costa Mesa police officer or a person duly authorized to enforce this Code.

(Ord. No. 08-7, § 2, 8-19-08)

An application for a tow operator permit shall be filed with the chief of police upon forms provided by the city, which shall be verified and shall contain the following information:

(a) If a sole proprietor, the full name, date of birth, driver's license number, business and residence address of the applicant; or if a corporation, its name, date and place of incorporation, address, and the names of its principal officers, together with their respective residence addresses; or if a partnership, association or unincorporated company, the name of the partners, or the persons comprising such association or company, and the business and residence address of each partner and person; or if the applicant proposes to conduct business under a fictitious name, the applicant shall state the name, address and telephone number of each person owning a financial interest in the business.

(b) The name, address and telephone number of the person or persons who will have general management responsibility for the applicant's business.

(c) Written proof that the applicant is over 18 years of age.

(d) The name, date of birth, address, driver's license number, and all other information required of all tow drivers employed by the applicant under subdivisions (g), (h), and (i) of this Section. The applicant will provide this information for any change in employee status within 10 business days from the date of the change, after the issuance of the permit.

(e) The year of manufacture, make, model, Vehicle Identification Number, state license number, unladen weight, load capacity weight (GVWR) and type of each tow unit which the applicant proposes to use in the operation of its business.

(f) The addresses and a description of all available public automotive storage facilities that the applicant will use for the storage of towed vehicles.

(g) The business, occupation or employment history of the applicant for the three years immediately preceding the date of application.

(h) The business license and permit history of the applicant (and of the tow service owner, if different from the applicant).

(i) All criminal convictions or proceedings in which a conviction, or a plea of guilty or nolo contendere, was entered, including Vehicle Code violations, of the applicant and of any other person or entity having a financial and/or ownership interest in the tow service.

(j) A certificate of insurance pursuant to section 9-291.

(k) A description of the color scheme, monogram, advertising, or other distinguishing characteristics to be used to designate the applicant's tow units.

(l) Any other identification and documentation that is reasonably necessary to effectuate the purpose of this article.

(Ord. No. 08-7, § 2, 8-19-08)

An application as required by section 9-274 shall be accompanied by a filing fee set by resolution of the city council for each tow unit which applicant proposes to operate within the city to cover the administrative cost to the city for processing the application.

(Ord. No. 08-7, § 2, 8-19-08)

(a) Any applicant for a permit pursuant to these provisions shall submit a completed; business license application to the tax collector, as defined in Title 9, article I, section 9-15 of this Code.

(b) The applicant shall submit a tow operator permit application to the police department. The chief of police shall have a reasonable time in which to investigate the application and the background of the applicant. Based upon such investigation, the chief of police shall issue a permit or deny same.

(c) The chief building official or his or her designee and the fire department, on request of the chief of police, shall inspect the premises proposed to be devoted to a public automobile storage facility within the city limits and shall make recommendations to the chief of police.

(d) The Costa Mesa Police Department shall inspect the tow units and towing equipment and make recommendations to the chief of police.

(e) The chief of police shall not issue a permit if, based upon his/her investigation, he/she finds any one or more of the following:

(1) Evidence shows that the permit applicant has deliberately falsified or not completed the application.

(2) The permit applicant fails to furnish the information and documents required by this article.

(3) The permit applicant has been convicted (including a plea of guilty or no contest) of a misdemeanor or felony crime involving registerable sexual offenses (pursuant to Penal Code section 290) or moral turpitude.

(4) The permit applicant has been convicted (including a plea of guilty or no contest) of a felony involving sale or use of a controlled substance, within the last five years.

(5) The applicant has been convicted (including a plea of guilty or no contest) to a misdemeanor or a felony crime involving theft or embezzlement within the last five years.

(6) The permit applicant, through an act of omission or commission, engaged in any type of offense, misdemeanor, or felony, involving moral turpitude. Under such circumstances, the conduct of the applicant's employee, if such conduct resulted in a conviction or a plea of nolo contendere or guilty, will be considered imputed to the permit applicant for the purpose of permit denial.

(7) An inspection or investigation by the building official, police department or fire department reveals a deficiency, violation or course of conduct that endangers the peace, health, safety, and general welfare of the public.

(8) The operation as proposed by the applicant, if permitted, would not comply with all applicable laws including, but not limited to, this Code.

(9) The applicant is not 18 years old or older.

(10) The applicant (or the applicant's employees) has a record of excessive violations of the Vehicle Code which has resulted in the suspension or revocation of his/her driver's license or a driving under the influence, reckless driving, or wet reckless conviction within the last three years.

(11) The applicant is unable to produce an insurance policy as described in section 9-284.7.

(12) The tow units or towing equipment of the applicant failed the initial inspection by the Costa Mesa Police Department, and the applicant was unable to make the necessary repairs to pass a reinspection.

(13) The applicant, or any person connected or associated with the applicant as partner, director, officer, stockholder, associate or manager has been refused a tow operation permit or had a permit suspended or revoked by another city, within a year of applying for a tow operation permit with the city.

(f) In the event the permit is denied by the chief of police, written notice of such denial shall be given to the applicant specifying the grounds for such denial. Notice of the denial of the permit shall be deemed to have been served upon personal service of the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his/her last known address. Within 15 business days from the date of denial, any person denied a permit pursuant to these provisions may request a hearing, as described in section 9-284.10.

(Ord. No. 08-7, § 2, 8-19-08)

(a) A permit shall expire after a term of one year for private property impounds, and two years for rotational tow services. The permit can thereafter be renewed.

(b) In the event any permit holder desires to change any facts included upon his/her original application required by section 9-274, the permit holder shall submit a renewal application, indicating any changes in information.

(c) Applications for renewal shall be subject to all provisions of this article.

(d) The decision of the chief of police can be appealed or reviewed as provided in Title 2, article IX of the Costa Mesa Municipal Code.

(Ord. No. 08-7, § 2, 8-19-08)

(a) Any permit granted pursuant to the provisions of this article may be suspended or revoked by the chief of police, either in whole or in part, upon written notice to the permit holder.

(b) The permit holder shall be provided with written notice specifying the grounds for such suspension or revocation, by first class mail, postage prepaid, or by personal delivery to the permit holder, or by leaving the notice at the permit holder's place of business or residence.

(c) The permit holder may request a hearing, in writing, within 15 business days of the mailing of the notice of suspension or revocation, as described in section 9-279. In the event an appeal is timely filed, the suspension or revocation shall not take effect until a decision has been rendered by the chief of police, the city manager or his designee, or the appellate body where an appeal has been filed, unless it is necessary to immediately suspend or revoke the permit in order to protect evidence of a crime or to preserve the public health, safety or welfare. If no appeal is filed, the suspension or revocation shall become effective upon expiration of the period for filing the appeal.

(d) It is unlawful for any person to conduct or carry on a tow operation business until the suspended or revoked permit has been reinstated by the chief of police, the city manager or his designee or by the appellate body.

(Ord. No. 08-7, § 2, 8-19-08)

A tow operator permit may be suspended or revoked by the chief of police on any of the following grounds.

(a) The permit holder has not filed adequate evidence of liability insurance coverage with the chief of police or has allowed its insurance coverage to lapse or be cancelled.

(b) For the violation of any rule, regulation, or condition set forth in or authorized by section 9-271 through 9-296.

(c) For the violation of any laws of the state or city including zoning laws, with respect to the operation of the business by the permit holder.

(d) For rotational tow operators, failure to comply with the regulations set forth in the Tow Policy Guidelines and Requirements.

(e) If any permit holder's employee, or any person connected or associated with the permit holder as an operator, director, officer, stockholder, general manager, or person who is exercising managerial authority on behalf of the permit holder, has committed any one of the following acts:

(1) Has been convicted of a felony or any crime involving theft, embezzlement, stolen property, fraud or crimes of violence within the last five years.

(2) Has committed any false, fraudulent, deceptive or dangerous act while conducting towing service business.

(3) Has published, uttered or disseminated any false, deceptive or misleading statements or advertisement in connection with the operation of the towing service.

(4) Has conducted the towing service in a manner contrary to the peace, health, safety and general welfare of the public.

(5) Has violated or permitted other persons to violate, through an act of omission or commission, any felony or misdemeanor crime involving registerable sexual offenses (pursuant to Penal Code section 290).

(6) Has violated or permitted other persons to violate, through an act of omission or commission, any felony or misdemeanor crime involving moral turpitude, or a felony involving sale or use of a controlled substance, or any act of dishonesty or fraud within the last five years.

(7) Had an inspection or investigation by the building official, police department or fire department which revealed a deficiency, violation or conduct that endangers the peace, health, safety and general welfare of the public.

(8) Employs tow truck drivers under 18 years of age.

(9) Fails to notify the Costa Mesa Police Department in writing of the name, address and driver's license number of any newly employed tow truck driver within 10 business days of the hire date, or fails to notify the Costa Mesa Police Department within 10 business days of any tow truck driver who is no longer employed by the permit holder.

(10) Fails to obtain and maintain a current Costa Mesa business license.

(11) Has charged fees in excess of the schedule of rates set by city council resolution, or for rotational tow services, or in excess of any applicable federal, state or county laws or regulations for towing and/or storage of vehicles or any service incidental to towing.

(12) Has allowed the services of a driver with a record of excessive violations of the Vehicle Code which has resulted in the suspension or revocation of their driver's license or a driving under the influence, reckless driving or wet reckless conviction within the last three years, to remain in its employment as a driver.

(13) Fails to comply with any California Vehicle Code, federal, state, or county regulations and laws relating to towing and/or storing, of vehicles, including the impounding and storing of vehicles from private property.

(14) Fails to maintain control of any personal property, vehicle accessories and vehicles that have been towed.

(15) Has knowingly made false, misleading or fraudulent statements of a material fact in a report or record required to be filed with the Costa Mesa Police Department, or any other law enforcement agency.

(16) Has obtained a tow contract by use of fraud, trick, dishonesty or forgery.

(17) Has stopped and solicited on any street, highway or public thoroughfare the rendering of assistance to a person or disabled vehicle without first being requested to do so, except to render emergency aid when there exists an imminent peril to life or property.

(18) Has towed a vehicle to a location other than that listed as the business address of such permit holder without first receiving authorization to do so by the person authorizing the tow and by the Costa Mesa Police Department.

(19) Has conspired with any person to defraud any owner of any vehicle, or any insurance company, or any person financially interested in the cost of the towing or storage of any vehicle, by making false or deceptive statements relating to the towing or storage of any vehicle.

(20) Has removed a vehicle involved in a collision prior to arrival of police and a person, as a result of such collision, suffered death or injury; or the driver of an involved vehicle, or a party to such collision, was under the influence of a drug or intoxicate of any nature; or there is evidence that such vehicle was involved in a hit and run collision.

(21) Has charged for services not performed, service or equipment not employed, used or needed, or has otherwise materially misstated the nature of any service performed or equipment used.

(Ord. No. 08-7, § 2, 8-19-08)

In the event the chief of police suspends or revokes a tow operator permit, the permit holder may appeal the chief of police's decision or pursuant to Title 2, article IX of the Costa Mesa Municipal Code.

(Ord. No. 08-7, § 2, 8-19-08)

When the tow operator permit of any person, company or corporation is suspended, revoked or denied for cause, no new or other application for a permit shall be accepted within one year after such revocation or denial.

(Ord. No. 08-7, § 2, 8-19-08)

No permit issued pursuant to the provisions of this article shall be transferable, either by assignment, sale, hypothecation, operation of law or otherwise, without the permission of the chief of police having been first obtained. Application for transfer of any permit shall be subject to the same terms, conditions and requirements as in an application for an original permit.

(Ord. No. 08-7, § 2, 8-19-08)

(a) Any person conducting a towing operation shall maintain a physical location from which the business is conducted. The physical location shall provide an office with an adjacent yard for vehicle storage. The location, which must be within five miles of the Costa Mesa Police Department (99 Fair Drive, Costa Mesa, California 92626), shall be approved by the chief of police, prior to a permit being issued. A permit holder may establish and maintain an additional location within the city as a yard for vehicle storage. Any additional location shall be approved by the chief of police.

(b) No tow operator permit holder shall conduct a towing operation at a location other than the one(s) specified in the permit.

(c) Where no conflict exists with the city's zoning regulation or other provisions of this Code, a change of location may be endorsed on the permit by the chief of police. A change of location form must be submitted to the tax collector and to the Costa Mesa Police Department.

(Ord. No. 08-7, § 2, 8-19-08)