Fresno Municipal Code Art. 17 Tow Trucks

Footnotes:

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Editor's note— Ord. 2014-45, § 1, effective December 4, 2014, amended the title of Art. 17.

This article shall be known as the Tow Truck Ordinance of the City of Fresno.

(Added Ord. 79-168, § 1, eff. 11-16-79; Am. Ord. 2014-45, § 1, eff. 12-4-14).

Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this article, and, except to the extent that a particular word or phrase is otherwise specifically defined in this section, the definitions and provisions contained in Article 2 of Chapter 1 of this Code shall also govern the construction, meaning, and application of words and phrases used in this article unless the particular provisions or the context otherwise requires. Whenever any words or phrases used herein are not defined, but are defined in the Vehicle Code of the State of California, and amendments thereto, such definitions shall apply. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be.

(a) "Police Impound" means a written direction from the police officer on the scene to store the vehicle to be towed in a secured area until released by Police Department Personnel. It is the discretion of the police officer to store the vehicle in either an inside or outside storage facility.

(b) "Rotation list" means a list of persons engaged in the business of providing Tow Truck service, which list shall be maintained by the Police Chief or his or her designee for the purpose of rotating police dispatch of Tow Trucks in accordance with the provisions of this article, a Tow Agreement and other applicable law.

(c) "Tow Agreement" means a Non-Professional agreement entered into between the City and an owner of a Tow Truck that defines the obligations, procedures and terms of the Tow Truck Company being placed on the Rotation List, and is approved by the City Attorney's Office.

(d) "Tow Truck" means a motor vehicle which has been altered or designed and equipped for and primarily used in the business of towing vehicles by means of a crane, hoist, tow bar, tow line or dolly, or is otherwise primarily used to render assistance to other vehicles. A "roll-back carrier" designed to carry up to two vehicles, and a trailer for hire that is being used to transport a vehicle shall also be considered a Tow Truck under this Article. An automobile dismantler's tow vehicle or a repossession's tow vehicle shall not be considered a Tow Truck for purposes of this Article.

(Added Ord. 79-168, § 1, eff. 11-16-79; Am. Ord. 2004-67, § 1, eff. 8-10-04; Am. Ord. 2005-89, § 1, eff. 9-25-05; Am. Ord. 2007-53, §§ 1—3, eff. 8-6-07; Am. Ord. 2014-45, § 1, eff. 12-4-14; Am. Ord. 2023-030, § 1, eff. 10-19-23).

It is the intent of this article to regulate the operation of Tow Truck services dispatched by the Police Department of the city pursuant to the authority conferred by the Vehicle Code.

(Added Ord. 79-168, § 1, eff. 11-16-79; Am. Ord. 2004-67, § 2, eff. 8-10-04; Am. Ord. 2005-89, § 2, eff. 9-25-05; Am. Ord. 2014-45, § 1, eff. 12-4-14).

Except as otherwise provided in Section 9-1705, the Police Chief or his or her designee shall dispatch Tow Trucks to perform Tow Truck services on a rotation basis from a rotation list established and maintained in accordance with the provisions of this article, and the Non-Professional Tow Agreement for the Fresno Police Department.

(Added Ord. 79-168, § 1, eff. 11-16-79; Am. Ord. 2004-67, § 3, eff. 8-10-04; Am. Ord. 2005-89, § 3, eff. 9-25-05; Am. Ord. 2007-53, § 4, eff. 8-6-07; Am. Ord. 2014-45, § 1, eff. 12-4-14; Am. Ord. 2023-030, § 1, eff. 10-19-23).

This article shall not apply to the following:

(a) Tow Truck services performed by automobile clubs, automobile associations or garages specified by the owner or driver of the towed vehicle;

(b) Tow Truck services performed for the abatement and removal of abandoned, wrecked, dismantled or inoperable vehicles or parts thereof pursuant to Section 22660, et seq., of the Vehicle Code; or

(c) Tow Truck services performed on an emergency basis to eliminate a dangerous or hazardous condition as determined by the police department, when the dispatcher determines that another Tow Truck can provide the most expeditious response; or

(d) Tow Truck services performed for the removal and storage of evidence vehicles.

(Am. Ord. 79-168, § 1, eff. 11-16-79; Am. Ord. 2014-45, § 1, eff. 12-4-14; Am. Ord. 2020-027, § 1, eff. 9-1-20).

Any person engaged in the business of providing Tow Truck service and desiring to be placed on the rotation list shall submit a signed application for a Non-Professional Tow List placement to the Police Chief or his or her designee. The application shall be in a form approved by the Police Chief or his or her designee and shall include the following:

(a) The applicant's name, home address, business address, and telephone numbers, including the names of persons doing business under fictitious names, members of partnerships, and officers of corporations or associations;

(b) A list of vehicles which will be used as Tow Trucks including a full description of each vehicle and its license number;

(c) The location of the applicant's place of business and storage facility; and

(d) Such other and further information as the Police Chief or his or her designee may require.

(e) No Tow Truck company shall accrue any vested rights as a result of being a party to a Non-Professional Tow Agreement, nor will any Tow Truck company be guaranteed placement on subsequent Non-Professional Tow Agreements for the Fresno Police Department. All applicants for any subsequent Non-Professional Tow Agreement will be reviewed and considered for inclusion at the time of the issuance of the subsequent Non-Professional Tow Agreement. Tow Truck company owners may be subject to an interview process and an inspection prior to approval. Tow truck companies currently on the Police Department rotation list who are in good standing, will receive priority reinstatement status on subsequent Non-Professional Tow Agreements for the Fresno Police Department.

(Added Ord. 79-168, § 1, eff. 11-16-79; Am. Ord. 2004-67, § 4, eff. 8-10-04; Am. Ord. 2005-89, § 4, eff. 9-25-05; Am. Ord. 2007-53, §§ 5, 6, eff. 8-6-07; Am. Ord. 2014-45, § 1, eff. 12-4-14; Am. Ord. 2023-030, § 1, eff. 10-19-23).

The Police Chief or his or her designee shall cause an investigation to be made of the facts stated in the application, and shall within thirty days after completion of the investigation place the applicant on the rotation list unless any one of the following exists:

(a) The applicant has previously been removed from the rotation list for violations of the Non-Professional Tow Agreement for the Fresno Police Department;

(b) A material statement made in the application is untrue;

(c) A fact exists of which the Police Chief or his or her designee has knowledge which would be cause for removal or suspension of the applicant from the rotation list;

(d) The applicant's business or storage facility is not located within the geographical boundaries as set forth in the Non-Professional Tow Agreement for the Fresno Police Department.

(e) The applicant has a felony conviction; or

(f) The rotation list already consists of 20 or more tow companies. This does not preclude the Chief of Police or Designee at any time the ability to add a Tow Operator(s), if it is determined there is a need to better serve the community.

(Added Ord. 79-168, § 1, eff. 11-16-79; Am. Ord. 98-71, § 1, eff. 10-23-98; Am. Ord. 2004-67, § 5, eff. 8-10-04; Am. Ord. 2005-89, § 5, eff. 9-25-05; Am. Ord. 2007-53, § 7, eff. 8-6-07; Am. Ord. 2014-45, § 1, eff. 12-4-14; Am. Ord. 2018-23, § 1, eff. 5-25-18; Am. Ord. 2023-030, § 1, eff. 10-19-23).

No person shall assign or subcontract their Non-Exclusive Tow Agreement for the Fresno Police Department under this article to another person.

Tow Operator agrees that if there is a change or transfer in ownership or control, other than transfers to "immediate family" as defined in Fresno Municipal Code Section 3-101(e), of the Tow Operator's business prior to completion of this Agreement, such change or transfer will terminate the Non-Professional Tow Agreement. This includes but is not limited to: changes in Corporate Board Members, Managers, Directors, Treasurer, Trustees, or ownership interests. All transfers of ownership or control to "immediate family" shall be approved prior to the execution of any transfer. "Immediate family" transfers will be subject to the final approval of the Chief of Police or his/her designee. "Immediate family" members will be required to pass background reviews, livescan fingerprint screening and will be required to possess the proper licensing certificates and insurance to perform tow operations for the City of Fresno Police Department. The "immediate family" transferee will also be required to execute a new Non-Professional Tow Agreement with the Police Department.

(Added Ord. 79-168, § 1, eff. 11-16-79; Am. Ord. 2004-67, § 6, eff. 8-10-04; Am. Ord. 2014-45, § 1, eff. 12-4-14; Am. Ord. 2023-030, § 1, eff. 10-19-23).

All persons on the rotation list shall:

(a) Comply with all laws of the state pertaining to Tow Trucks and Tow Truck service and all provisions of the Non-Professional Tow Agreement for the Fresno Police Department, and all City of Fresno zoning requirements;

(b) Charge reasonable towing fees not in excess of those charges that would have been charged for that towing or storage under the Tow Agreement or if the private property is not located within the city, then the law enforcement agency that exercises primary jurisdiction in the county in which the private property is located;

(c) Comply with such other rules and regulations promulgated by the Police Chief or his or her designee.

(Added Ord. 79-168, § 1, eff. 11-16-79; Am. Ord. 2004-67, § 7, eff. 8-10-04; Am. Ord. 2005-89, § 6, eff. 9-25-05; Am. Ord. 2007-53, § 8, eff. 8-6-07; Am. Ord. 2014-45, § 1, eff. 12-4-14; Am. Ord. 2023-030, § 1, eff. 10-19-23).

Any Tow Truck company placed on the rotation list may be suspended by the Police Chief or his or her designee from such list if the Tow Truck company fails to comply with any of the conditions, regulations or requirements of this article. Upon learning of grounds for suspension, the Police Chief or his or her designee shall immediately, by written notice, inform the owner of the Tow Truck company of his action of suspension. The Police Chief or his or her designee may reinstate the Tow Truck company to the rotation list upon satisfactory proof that the Tow Truck company is in compliance with the conditions, regulations, and requirements of this article and has completed its suspension.

(Added Ord. 79-168, § 1, eff. 11-16-79; Am. Ord. 2005-89, § 7, eff. 9-25-05; Am. Ord. 2007-53, § 9, eff. 8-6-07; Am. Ord. 2014-45, § 1, eff. 12-4-14).

Any Tow Truck company placed on the rotation list may be removed from such list in accordance with the provisions of the Non-Professional Tow Agreement for the Fresno Police Department.

Upon learning of grounds for removal, the Police Chief or his or her designee shall immediately, by written notice, inform the owner of the Tow Truck company of his or her action of removal.

(Am. Ord. 79-168, § 1, eff. 11-16-79; Am. Ord. 98-71, § 2, eff. 10-23-98; Am. Ord. 2007-53, § 10, eff. 8-6-07; Am. Ord. 2014-45, § 1, eff. 12-4-14; Am. Ord. 2023-030, § 1, eff. 10-19-23).

Any Tow Truck company suspended in excess of 30 days or removed from the rotation list for violation of the Tow Service Agreement, or fails to comply with any of the conditions, regulations or requirements of this article, shall have the right to appeal such order under Chapter 1, Article 4. If no appeal is filed within the time prescribed, the action of the Police Chief shall be final. Notwithstanding any other provision of this Code including Chapter 1, Article 4, in the event that any appeal is filed, the appellant shall not be allowed to participate in any tows or be placed on the Rotation List until such time as the Chief Administrative Officer finds that the appellant is entitled to be reinstated on the Rotation List. Applicants for a position on the rotation list have no vested interest in the City of Fresno Non-Professional Tow Agreement for the Fresno Police Department and therefore have no right of appeal.

A Tow Truck Owner or Company does not have the right to appeal the City's decision to terminate The Non-Professional Tow Service Agreement when given a written 30-day notice.

(Am. Ord. 79-168, § 1, eff. 11-16-79; Am. Ord. 80-171, § 37, eff. 12-26-80; Am. Ord. 81-157, § 20, eff. 12-11-81; Am. Ord. 98-65, § 13, eff. 10-1-98; Am. Ord. 2005-14, § 28, eff. 4-9-05; Am. Ord. 2005-89, § 8, eff. 9-25-05; Am. Ord. 2014-45, § 1, eff. 12-4-14; Am. Ord. 2023-030, § 1, eff. 10-19-23).

The Police Chief for the City of Fresno is authorized to promulgate administrative rules and procedures in the form of the City of Fresno Non-Professional Tow Agreement for the Fresno Police Department, Administrative Order, or any other document necessary for the successful and effective implementation of this Article including establishing, amending, updating, restating and entering into towing agreements subject to approval of the City Attorney. Said administrative rules and procedures shall be in writing.

(Add Ord. 98-71, § 3, eff. 10-23-98; Am. Ord. 2004-67, § 8, eff. 8-10-04; Am. Ord. 2007-53, § 11, eff. 8-6-07; Am. Ord. 2014-45, § 1, eff. 12-4-14; Am. Ord. 2023-030, § 1, eff. 10-19-23).