Huntington Park Municipal Code Ch. 15 Vehicles Removed from Private Lots

It is hereby declared to be the policy of the City of Huntington Park that the towing of motor vehicles is a matter affecting public interest and should be subject to regulation for the purpose of safeguarding the public against fraud, exorbitant rates and similar abuse.

(§ 1 Ord. 683-NS, eff. September 5, 2002)

For the purposes of this chapter, and Chapters 16 and 17, the following words and phrases shall mean and include:

"Tow truck"

means a motor vehicle which has been altered or designed and equipped for and exclusively used in the business of towing vehicles by means of a crane, hoist, tow bar, towline, or dolly or is otherwise exclusively used to render assistance to other vehicles, and as defined in Section 615 of the California Vehicle Code.

"Towing firm"

means any person, firm, partnership, association, corporation, or any other group or combination acting as a unit, excepting the United States, the State of California, and any political subdivision of either thereof, engaged in the business of transporting, removing or storage of motor vehicles, including the owner or operator of any tow truck as defined herein.

(§ 1 Ord. 683-NS, eff. September 5, 2002)

Any towing firm or tow truck removing vehicles from private property pursuant to Vehicle Code Section 22658 shall post a copy of its current schedule of fees in a prominent place at every business location where vehicles are claimed, redeemed or released from storage and shall provide a copy of its current schedule of fees to a person before he or she pays to release a vehicle from impound.

(§ 1 Ord. 683-NS, eff. September 5, 2002)

Fees for towing and storage pursuant to California Vehicle Code Section 22658 shall be based on the fees currently in effect in the agreement between the City of Huntington Park and the contractor currently performing the towing of vehicles, except abandoned vehicles. Towing and storage fees shall not exceed the amounts set forth in said agreement. Should no agreement be in effect, the towing and storage charges shall not exceed the amounts in the last effective agreement.

(§ 1 Ord. 683-NS, eff. September 5, 2002)

It shall be unlawful for any towing firm or tow truck operator to charge the owner or operator of a vehicle fees in excess of those authorized by this chapter.

(§ 1 Ord. 683-NS, eff. September 5, 2002)

(a) No towing firm or tow truck operator shall direct any award, gift, commission, bonus or compensation of any kind to the owner, employee or person for the purpose of securing an order or contract for the removal of a vehicle or vehicles pursuant to Vehicle Code Section 22658.

(b) Violation of Section 4-15.06 herein shall be punishable as follows:

(1) Upon first conviction, by a fine of not more than $5,000 or imprisonment in the county jail for not more than six months, or by both that fine and imprisonment. If the violation of Section 4-15.06 is committed by a tow truck operator, the person's privilege to operate a motor vehicle shall be suspended by the Department of Motor Vehicles under California Vehicle Code Section 13351.85. The clerk of the court shall send a certified abstract of the conviction to the Department. If the violation of Section 4-15.06 is committed by a tow truck operator, the court may order the impoundment of the tow truck involved for not more than fifteen(15) days.

(2) Upon conviction of a violation of Section 4-15.06 that occurred within seven years of one or more separate convictions of violations of Section 4-15.06, a fine of not more than $10,000 or imprisonment in the county jail for not more than one year, or by both that fine and imprisonment. If the violation of Section 4-15.06 is committed by a tow truck operator, the person's privilege to operate a motor vehicle shall be suspended by the Department of Motor Vehicles under California Vehicle Code Section 13351.85. The clerk of the court shall send a certified abstract of the conviction to the Department. If the violation of Section 4-15.06 is committed by a tow truck operator, the court may order the impoundment of the tow truck involved for not less than 15 days but not more than 30 days.

(§ 1 Ord. 683-NS, eff. September 5, 2002)

Every tow truck or towing firm shall reasonably protect vehicles from theft, vandalism or damage of any type. The owner or operator of a vehicle removed from private property pursuant to California Vehicle Code Section 22658 may recover for any damage to the vehicle resulting from any intentional or negligent act of any towing firm removing or storing the vehicle from the tow truck operator or the towing firm.

(§ 1 Ord. 683-NS, eff. September 5, 2002)

Any tow truck operator or towing firm removing vehicles from private property pursuant to California Vehicle Code Section 22658 shall release such vehicle to the owner or operator thereof upon the presentation to the towing firm in custody of such vehicle payment sufficient to cover the costs of towing, storage or other services as required. Such payment shall include, but not be limited to:

(a) Cash;

(b) Personal or cashier's checks;

(c) Payment via valid bank credit card; and

(d) Money order.

(§ 1 Ord. 683-NS, eff. September 5, 2002)

(a) Unless otherwise specifically set forth in this chapter, any violation of this chapter shall be an infraction and shall be punishable as follows:

(1) By a fine not exceeding $100.

(2) For a second infraction occurring within one year of a prior infraction which resulted in conviction, a fine not exceeding $200.

(3) For a third or any subsequent infraction occurring within one year of two or more prior infractions which resulted in convictions, a fine not exceeding $250.

(§ 1 Ord. 683-NS, eff. September 5, 2002)