Hawthorne Municipal Code Ch. 5.94 Towing Business—city Referrals

The term "city referral" shall mean those instances when any member of the police department orders or requests towing service from permittee whether such service involves city vehicles or private vehicles desired to be moved by members of the police department pursuant to provisions of law. The term "city referral towing business" means that portion of permittee's business or revenue attributable from city referrals.

(Ord. 1595 § 1, 1995)

A towing business that receives the right from the city to service city referrals shall beforehand have duly obtained a referral towing service permit from the city's business license department.

(Ord. 1595 § 1, 1995)

A. Applications for permits to provide towing service upon referral by the city shall be made on forms furnished by the business license department containing spaces for such information with reference to the applicant as the chief of police may reasonably require. All information required shall be given under oath.

B. Each application shall be accompanied by a true photograph of each applicant approximately one and one-half inches square and taken within thirty 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. In the case of individuals, of each individual applicant.

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

(Ord. 1595 § 1, 1995)

The permittee shall pay to the city a sum equal to fifteen percent of that portion of permittee's gross receipts derived from or attributed to city's referred business. Such payments shall be due fifteen days after the last day of the previous month and payable in addition to permittee's general business tax as imposed in this code. A permittee who fails to remit said monthly payments imposed by this chapter within the time required shall pay a penalty of ten percent of the amount due in addition to the monthly payment.

(Ord. 1595 § 1, 1995)

The permittee shall maintain separate accounting records of all charges for impounded and stored vehicles. Such records shall be available to representatives of the city for audit purposes. Such records shall be retained for at least five years.

(Ord. 1595 § 1, 1995)

The maximum rates to be charged for referral towing services shall be those rates which the city council may from time to time establish by resolution. Upon the adoption of any such resolution, the city clerk shall immediately forward a certified copy of such resolution to a permittee holding a then current permit under this chapter.

(Ord. 1595 § 1, 1995)

All towing equipment used by a city referral towing service permit holder shall comply with the following requirements:

A. Permittee must have a minimum of three standard tow vehicles (one ton) rating or greater, dual rear wheels and one flatbed tow vehicle always available.

B. Permittee shall have access to (either through a sub-contractor or as owner of the equipment) a tow vehicle capable of towing large trucks (semi type).

C. None of the vehicles shall be converted pickup trucks or vehicles not specifically built by the manufacturer for towing other vehicles.

D. All vehicles shall have necessary communications equipment for radio transmission and reception and shall comply with FCC regulations and requirements. City frequencies shall not be used. Equipment shall be purchased and maintained solely at permittee's expense.

E. All tow vehicles shall be well maintained and neat in appearance.

F. Each tow vehicle shall have a cable winch of sufficient size and capacity to retrieve vehicles that may have gone over embankments, or off travelled portions of the roadways, into inaccessible locations.

G. All tow vehicles shall have the means by which to tow a trailered boat or other trailered item.

H. Permittee shall possess all necessary tools of the trade, including dollies, slim jims, etc.

I. Permittee shall comply with all applicable sections of tow car requirements listed in the California Vehicle Code.

(Ord. 1595 § 1, 1995)

Response time for referral services shall be within fifteen minutes of such requests. If said response time for a particular call is not attainable, the permittee shall immediately notify the city, advising the city of the expected time of arrival (ETA) of the towing service. If the ETA is not acceptable to the city, the city reserves the right to seek the services of an alternative towing service provider for the particular call.

(Ord. 1595 § 1, 1995)

The referral towing service operator granted a permit under this chapter shall conform to the following storage requirements:

A. All vehicles shall be stored in a building or in an area that is, in the opinion of the city, secure and enclosed by a substantial wall or walls or other city approved enclosures. The storage facility shall be located in the city.

B. The entire storage facility must be illuminated to such a degree that clear visual observation of the area may be made during the hours of darkness.

C. Storage facilities must be capable of holding a minimum of seventy cars, parked to provide accessibility and prevent damage.

D. Permittee shall, at permittee's own expense, maintain a separate and enclosed garage facilities for a minimum of three vehicles ordered impounded by the police department for involvement in commission of crimes or as evidence. The enclosed garage shall be lockable with possession of the key to the garage given to the police department.

E. Permittee shall maintain a secure facility or facilities that have a twenty-four-hour surveillance utilizing closed circuit television, personnel or another city approved means of security.

F. The official towing service and garage will be available on a twenty-four-hour basis, three hundred sixty-five days per year.

(Ord. 1595 § 1, 1995)

All personnel of the city referral towing service of the permittee shall comply with the following requirements:

A. All towing service operators who have been directed to a location shall obey the instructions of the police department personnel or representative at the location or scene.

B. All towing service operators must possess the proper state of California driver's license required to operate all vehicles and equipment to be used in providing towing and related services under this chapter.

C. All towing service operators shall be thoroughly trained in the proper and safe use of all equipment used in providing towing and related services under this chapter.

D. All towing service operators shall be uniformed with the name of the towing company and individual's name.

E. All personnel of permittee shall be fingerprinted and photographed by the Hawthorne police department.

F. All personnel shall be fluent in the English language.

(Ord. 1595 § 1, 1995)

Referral tow service and storage garage operators shall maintain records of all impounded and stored vehicles ordered by the police department at their place of business. Such records shall be available to the city. These records must be retained for at least five years. The records to be maintained should include but are not limited to the following:

A. CHP Form 180, Report of Impounded Vehicles;

B. City of Hawthorne Police Department Vehicle Release Orders;

C. Copies of registered letter to vehicle owner;

D. Inventory list of personal property in impound and stored vehicles; and

E. Charge sheets listing tow charges and storage fees of each individual vehicle and when possible containing the owners release signature.

(Ord. 1595 § 1, 1995)

When a tow truck has been dispatched to the scene of an accident or to a vehicle which has been impounded by the police department, the tow truck operators shall cooperate with the police officer in removing hazards and illegally parked vehicles off the street. It shall be the duty of the police officer on duty to direct the necessary action with which the tow truck operator shall comply.

(Ord. 1595 § 1, 1995)

The referral tow service and storage garage operators shall keep a record log showing the time and date that they receive each and every call from the Hawthorne police department.

(Ord. 1595 § 1, 1995)

The referral tow service and storage garage operators and their employees shall comply with all applicable state and federal laws and the regulations contained in this chapter. Examples of applicable state law include the California Vehicle Code regulations pertaining to the handling of vehicles, lien sales and owner notification. Furthermore, permittee's handling of vehicles shall conform to the procedures set forth in the latest edition of the California Highway Patrol Procedures.

(Ord. 1595 § 1, 1995)

A vehicle impounded by order of the Hawthorne police department must have a written release from the department to be presented by the registered owner to the permittee at the time of release. No repair work shall be done on any impounded vehicle unless authorized by the registered owner. Permittee will, at the request of the city, release any vehicles from storage/impound at no cost to the registered owner.

(Ord. 1595 § 1, 1995)

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 services 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.

(Ord. 1595 § 1, 1995)

The referral tow service and storage garage operator, upon signing CHP Form No. 180, Report of Impounded Vehicle, assumes full responsibility for the vehicle and its contents on each impound.

(Ord. 1595 § 1, 1995)

Except as otherwise provided, a referral tow service and storage garage operator shall not display any signs or advertising materials which indicate that this is an official towing service or police garage of the city without having received the prior written permission of the city.

(Ord. 1595 § 1, 1995)

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.

(Ord. 1595 § 1, 1995)

Permits provided for in this chapter 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 chapter have not been complied with or that the permittee is not a fit or proper person to operate a city referral towing service.

(Ord. 1595 § 1, 1995)

The city council finds as follows:

A. This chapter regulates permits issued by the city to provide towing services upon referral by the city. Such towing services consist of those instances when any member of the police department orders or requests towing services from a permittee, whether such service involves city vehicles or private vehicles desired to be moved by members of the police department pursuant to provisions of law.

B. In many cases, the towing services that are ordered or requested by a member of the police department involve vehicles that might be needed for evidentiary purposes in criminal prosecutions or in other administrative or legal proceedings. In such prosecutions or proceedings, the police department may be subject to certain legal requirements for such vehicles, including requirements to protect the chain of custody for vehicles that may be used as evidence or to preserve evidence that might be expected to play a significant role in a suspect's defense.

C. Regardless of whether or not the towing services involve vehicles that might be needed for evidentiary purposes in such prosecutions or proceedings, the city's residents and other persons whose vehicles are towed have reasonable expectations that a permittee will preserve, maintain, and safeguard their vehicles and the contents of their vehicles.

D. If a permittee (or in the case of a corporate permittee, any of the corporation's directors or officers; or in the case of a partnership or firm permittee, any of the partnership's or firm's partners or members) is convicted of a felony for acts or omissions connected with the permit:

1. Such conviction seriously impairs the ability of the police department or other prosecuting authorities to use any vehicles towed by such permittee for evidentiary purposes in criminal prosecutions or in other administrative or legal proceedings and otherwise seriously impairs such prosecutions and proceedings;

2. Such conviction seriously impairs the credibility of any of the permittee's directors, officers, partners, or members who testifies as a witness in any criminal prosecution or other administrative or legal proceedings;

3. Such conviction seriously impairs the reasonable expectations of the city's residents and other persons that a permittee will preserve, maintain, and safeguard their vehicles and the contents of their vehicles;

4. Such conviction seriously impairs the reasonable expectations of the city's residents and other persons that the city, its employees, and its contractors will provide dependable, honest, and high-quality services to city's residents and other persons; and

5. Such conviction may bring the city, its government, and its employees into disrepute and seriously impair the city's reputation and its ability to efficiently and effectively conduct its business and governmental functions.

E. The harm that the city would suffer as the result of such a conviction would immediately begin upon such conviction and would continue during the time that such conviction might be appealed and during the time of the pendency of any such appeal.

F. The enactment of this section and Section 5.94.206 is a necessary exercise of the city's police power and is necessary for the protection of the health, safety, and welfare of the city and the city's residents.

(Ord. 1807 § 1, 2005)

A. The following words, terms and phrases, when used in this section and in Section 5.94.204, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

1. "Conviction" or "convicted" means a judgment of a court based upon a verdict of guilty, upon a plea of guilty, upon a plea of nolo contendere, or upon a finding of guilty by a court in a trial without a jury for any felony for acts or omissions connected with a permit issued under this chapter:

a. Regardless of whether any time remains for filing a timely appeal from such judgment; and

b. Regardless of whether any appeal from such judgment has been filed or is pending.

2. "Permittee" means any of the following:

a. The named holder of a permit under this chapter;

b. If the named holder of a permit is a corporation, any of the corporation's directors or officers; or

c. If the named holder of a permit is a partnership or firm, any of the partnership's or firm's partners or members.

B. If a permittee is convicted of a felony for any act or omission connected with a permit issued under this chapter, the city manager shall mail, by certified or registered mail, a notice to the named holder of the permit, at the mailing address set forth on the permit.

1. This mailing address shall be deemed the correct mailing address for all notices and orders under this section unless the city has been otherwise notified in writing of a different mailing address for the named holder of the permit, in which case the mailing address in the last dated writing shall be deemed the correct mailing address for all notices and orders under this section.

2. The notice shall advise the named permit holder that:

a. The permit shall be suspended, effective thirty days after the date that the notice was mailed; and

b. The named holder of the permit may request a hearing, as provided in subsection C of this section.

3. If the named holder of the permit does not file a valid and timely request for a hearing, the city manager's notice of suspension shall become final and conclusive fourteen days after the date that the city manager's notice of suspension was mailed.

C. The named holder of the permit may request a hearing concerning the city manager's notice of suspension of the permit by filing a written request for a hearing with the city clerk no later than fourteen days after the date that the city manager's notice of suspension was mailed.

1. The filing of a valid and timely request for a hearing shall stay the city manager's notice of suspension until the hearing examiner issues a final order.

2. Upon the filing of a valid and timely request for a hearing, the city manager shall appoint a hearing officer to conduct a hearing.

3. The hearing shall be set no more than thirty days after the date of the filing of a valid and timely request for a hearing.

4. At least twenty days before the hearing, the city shall mail, by certified or registered mail, to the named permit holder a notice of the time and place of the hearing.

5. The hearing may be continued from time to time upon mutual consent.

6. At the hearing the named permit holder and the city shall be entitled to present relevant evidence.

a. For purposes of this paragraph, "relevant evidence" means evidence having any tendency in reason to prove or disprove why the permit should not be suspended in light of the permittee's conviction and in light of the findings set forth in Section 5.94.204.

b. Witnesses shall testify under oath.

c. The parties and the hearing examiner shall not be bound by the statutory rules of evidence.

D. Based upon the submitted evidence and the review of the city's files, within fourteen days after the conclusion of the hearing, the hearing examiner shall mail, by certified or registered mail, a written order upholding, modifying, or reversing the city manager's notice of suspension of the permit.

1. The order shall:

a. State the reasons for the decision;

b. State that the named holder of the permit or the city may file an appeal of the hearing examiner's decision to the city council, as provided in subsection E of this section.

2. If neither the named holder of the permit nor the city files a valid and timely notice of appeal to the city council, the hearing examiner's decision shall become final and conclusive fifteen days after the date that the hearing examiner's decision was mailed.

E. The named holder of the permit or the city may file a notice of appeal of the hearing examiner's decision with the city clerk, with mailed service of a copy of the notice of appeal on the other party, no later than fifteen days after the date that the hearing examiner's decision was mailed.

1. The filing of a valid and timely notice of appeal shall stay the hearing examiner's decision until the city council issues its order on appeal.

2. The appeal shall be set for hearing no more than thirty days after the date of the filing of a valid and timely notice of appeal.

3. At least twenty days before the hearing of the appeal, the city shall mail, by certified or registered mail, to the named permit holder a notice of the time and place of the hearing of the appeal.

4. The hearing of the appeal may be continued from time to time upon mutual consent.

5. At the time of the hearing of the appeal, the named permit holder, the city, and any other interested person may present any argument or any additional relevant evidence that such persons may have relating to the subject matter of the appeal.

F. Based upon the submitted evidence and the review of the city's files, within fourteen days after the conclusion of the hearing of the appeal, the city council shall issue a written order upholding, modifying, or reversing the hearing examiner's decision.

1. The order shall:

a. State the reasons for the decision;

b. State that the order is effective and final on the date issued by the city council; and

c. State that the named permit holder must file any petition for judicial review of the order within ninety days from the date of the order in accordance with Code of Civil Procedure Section 1094.6.

2. The order is effective and final on the date issued by the city council.

3. On the date that the city council issues its order, the city shall mail, by certified or registered mail, the order to the named permit holder.

4. Judicial review of the order shall be made only in accordance with Code of Civil Procedure Section 1094.6.

5. The order shall not be stayed by the filing of any petition for judicial review or during the period that the permittee may timely file any petition for judicial review.

G. Except as provided in subsection I of this section, the suspension of the permit shall continue until:

1. The time for filing an appeal of the conviction has elapsed, if no appeal has been taken;

2. The judgment of conviction has been affirmed on appeal; or

3. The conviction has otherwise become final.

H. If any of the events described in subsection G of this section occurs, the permit is automatically revoked. In such case, the city manager shall mail, by certified or registered mail, a notice to the named holder of the permit. The notice shall state that upon the occurrence of such event, the permit was automatically revoked.

I. If the judgment of conviction is reversed on appeal and the permittee is acquitted of the offense in a new trial or the charges against the permittee are dismissed, the city manager shall mail, by certified or registered mail, a notice to the named holder of the permit. The notice shall state that suspension of the permit is terminated, effective as of the date of the notice.

(Ord. 1807 § 2, 2005)

It is unlawful for any person to violate any of the sections or provisions of this chapter.

(Ord. 1595 § 1, 1995)