El Centro Municipal Code Art. IV Tow Vehicle Drivers—permits

It shall be unlawful for any operator to allow or permit any driver to operate or drive within the city a towing vehicle owned or under control of said operator unless said driver has a valid permit issued to said driver pursuant to this article.

(Ord. No. 08-09, § 1)

It shall be unlawful for any operator to allow or permit any driver to operate or drive within the city a towing vehicle owned or under the control of said operator unless said driver has a valid permit issued to said driver pursuant to this article.

(Ord. No. 08-09, § 1)

Application for tow vehicle driver's permit shall be filed with the chief of police upon forms to be furnished by the city.

(Ord. No. 08-09, § 1)

Before the chief of police shall accept and process an application for tow vehicle driver's permit, the applicant shall pay an application fee to the city in an amount as may be fixed or established from time to time by resolution of the city council.

(Ord. No. 08-09, § 1)

Before the chief of police shall issue a tow vehicle driver's permit, the chief of police shall cause an investigation to be made in order to determine the applicant's qualifications and fitness to be a tow vehicle driver.

(Ord. No. 08-09, § 1)

In order that the chief of police may investigate the applicant's qualifications and fitness to be a tow vehicle driver, every applicant for a tow vehicle driver's permit shall be photographed and fingerprinted. The applicant shall pay a fee to defray the cost of said photography and fingerprinting in the amount as may be fixed or established from time to time by resolution of the city council.

(Ord. No. 08-09, § 1)

A tow vehicle driver's permit shall not be issued to any of the following persons:

(1) Any person under the age of eighteen (18) years;

(2) Any person who is not of good moral character to be determined by the chief of police;

(3) Any person who has been convicted of a felony (other than a narcotics violation) until the expiration of five (5) years from termination of confinement, parole, and/or probation;

(4) Any person who has been convicted of driving a vehicle recklessly or while under the influence of intoxicants until the expiration of five (5) years from termination of confinement and/or probation;

(5) Any person not possessing a valid drivers license issued by the state permitting said person to drive a tow vehicle;

(6) Any person who has not been a continuous resident of the county for at least thirty (30) days immediately preceding the date of said person's application;

(7) Any person convicted of a crime involving moral turpitude regardless of whether the record of conviction has been expunged;

(8) Any person convicted of trafficking in, unlawful use, or driving while under the influence of narcotics, regardless of whether the record of conviction has been expunged;

(9) Any person convicted of a weapons violation until the expiration of five (5) years from termination of confinement, parole, and/or probation, whichever is later;

(10) Any person who would be denied and/or have revoked a state tow truck driver certificate pursuant to section 13377 of the California Vehicle Code, and any amendments thereto;

(11) Any person who provides false, incomplete, or materially misrepresented information on the application for a tow vehicle driver's permit;

(12) Any person who has failed to pay all fees required pursuant to this article.

(Ord. No. 08-09, § 1)

(a) Upon completion of the investigation, if the chief of police finds that the applicant meets the minimum standards established by this article and is a fit and proper person to be a tow vehicle driver in the city, the chief of police shall issue or cause to be issued to said applicant a tow vehicle driver's permit. Said permit shall be valid, unless suspended or revoked, for a period of one (1) year from the date of issuance.

(b) While said investigation is in progress, and provided a preliminary check of locally available records reveals no grounds for refusal under section 27-99 of this article, the chief of police shall issue or cause to be issued a temporary permit valid for a maximum of ninety (90) days and renewable once, at the request of the applicant, for an additional ninety (90) days. If any ground for refusal, denial, revocation, or suspension of a permit is revealed within the ninety-day period, or extension thereof, the temporary permit authorized by this section may be revoked immediately by the chief of police and the permittee shall be entitled to a hearing as provided in section 27-100 of this article.

(Ord. No. 08-09, § 1)

Upon completion of the investigation, if the chief of police finds the applicant does not meet the minimum standards established by this chapter to be a tow vehicle driver, the chief of police shall refuse to issue a tow vehicle driver's permit to the applicant.

(Ord. No. 08-09, § 1)

The chief of police may revoke, or refuse to issue a new tow vehicle driver's permit if the driver or applicant has since the granting of the original or renewed permit:

(1) Been convicted of a felony or a crime involving moral turpitude; using possession, selling, or transporting narcotics; or imparting information for obtaining narcotics;

(2) Been convicted of driving recklessly or while under the influence of liquor or narcotics;

(3) Had the state driver's license revoked or suspended;

(4) Been convicted of any of the offenses set forth in section 20001, 20002(a), 22348, 22349, 22350, 22351, 23103, 23104, 23109, 23152 and/or 23153 of the California Vehicle Code and amendments thereto, or any combination of said offenses;

(5) Been convicted within one (1) year period of three (3) or more moving violations, other than those specified in subsection (d) of the California Vehicle Code section 23109;

(6) When for any reason, whether specifically set forth herein or not, after due investigation, the chief of police finds that the applicant is an unfit person to drive a tow vehicle;

(7) When driving for a tow vehicle operator that is obligated by a contract established pursuant to city council resolution, charged or received a fee in excess of rates established by the city council, or violated any of the other provisions of said contract.

(Ord. No. 08-09, § 1)

Denial or revocation of a tow vehicle driver's permit shall be made only after a hearing granted to the holder of such permit before the chief of police, after five (5) days' notice to said permit holder, setting forth the grounds of the complaint against said permit holder and stating the time and place where such hearing will be held. Upon revocation of any permit, such permit shall be forthwith surrendered to the chief of police. The decision of the chief of police in revoking the permit shall be final and conclusive.

(Ord. No. 08-09, § 1)

The decision of the chief of police as to the fitness or unfitness of the applicant, either before or after the issuance of a tow vehicle driver's permit, shall be final and there shall be no appeal therefrom.

(Ord. No. 08-09, § 1)

(a) It shall be unlawful for any driver that is operating or in charge of any towing vehicle governed or affected by this article, without having in his or her immediate possession the tow vehicle driver's permit required by this article, to be secured by the chief of police. It shall also be unlawful for any driver operating or in charge of any vehicle governed or affected by this article to use, for the purpose of operating such vehicle, a tow vehicle driver's permit issued to another person.

(b) All drivers who operate any towing vehicle governed or affected by this article shall, at all times while on duty, keep themselves physically clean and neat in appearance. Any failure to comply with this section shall be unlawful.

(Ord. No. 08-09, § 1)

Any person who holds a valid tow vehicle driver's permit may obtain a new permit for the succeeding year by applying for said new permit during the month preceding the expiration date of the current permit. Cost of said new permit shall be an amount fixed and established from time to time by resolution of the city council.

(Ord. No. 08-09, § 1)

If the holder of a tow vehicle driver's permit fails to renew said permit prior to the expiration date of the current permit, the tow vehicle driver's permit shall cease to be valid and the permittee must make application for a new tow vehicle driver's permit as provided above.

(Ord. No. 08-09, § 1)

On or before the first day of January and the first day of June, each year, every tow vehicle operator doing business in the city who has employed any person or persons as a tow vehicle driver or drivers shall furnish the chief of police with the names of every person employed by such person, firm, or corporation as a tow vehicle driver during the preceding six-month period.

(Ord. No. 08-09, § 1)