Huntington Park Municipal Code Ch. 16 Permits for Tow Truck Operators

No person shall conduct towing operations within the City of Huntington Park without first obtaining a permit from the Chief of Police hereinafter provided.

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

Application for permit hereunder shall be made upon blank forms prepared and made available by the Chief of Police, or his designee, and shall state:

(a) The name, signature, residence, telephone number, social security number and State of California driver's license number of the applicant. Post office box numbers are not acceptable;

(b) The make, year, model, color, license number, registered owner, and legal owner of every tow truck that will be operated by the applicant;

(c) Evidence of insurance at least equal to the minimum established in the Chief of Police Rules;

(d) A record of all crimes of which the applicant has been convicted, plead guilty, or plead no contest;

(e) All criminal offenses for which applicant has been arrested including nature of offense, and place and date of arrests;

(f) Such other information as the Chief of Police shall find reasonably necessary to effectuate the purpose of this ordinance and to arrive at a fair determination as to whether the terms of this chapter and other applicable chapters have been complied with.

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

An application shall be accompanied by:

(a) Fingerprinting fee, in the amount to be established by resolution, to cover the cost of fingerprinting, classifying and searching of the records;

(b) A complete set of applicant's fingerprints to be taken by the Huntington Park Police Department;

(c) Two front view clear and legible photographs, approximately 2" x 2", taken within one month of application, to be furnished by applicant; and

(d) The filing fee.

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

The Chief of Police shall, upon receipt of an original or renewal application, make an investigation without unnecessary delay, hear the application and grant such application unless he finds that the applicant:

(a) Within four years prior to the date of application, has been convicted of theft, petty theft, theft of a vehicle, breaking or removing vehicle parts, malicious mischief to vehicle, check fraud, credit card fraud, driving under the influence of alcohol or drugs, vehicular manslaughter, reckless driving bodily injury, any offense which would cause the applicant to be registered as a sex or narcotic offender, any unlawful carrying, use or possession of a firearm, any assault or battery (misdemeanor or felony), kidnapping, arson, extortion, murder, possession of alcoholic beverage, opened alcohol container, marijuana, or narcotic drug while driving, bailee tampering, or any conviction of state or local laws relating to illegal towing; or

(b) Within four years prior to the date of application, has acted in violation of the criminal statutes referred to in Subsection (a) above; or

(c) Has intentionally falsified any statement contained in his application.

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

During the period between filing of the application and the hearing, the Chief may issue an interim permit if preliminary investigation discloses no fact which would disqualify applicant under the provisions of Section 2-8.04. In the event that after the aforementioned "Interim Permit" has been issued by the Chief of Police, any fact is discovered which would disqualify the applicant under the provisions of Section 2-8.04 the Chief may suspend said "Interim Permit."

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

The permit shall contain:

(a) Name and residence address of permittee;

(b) Name and address of permittee' s employer;

(c) Permittee' s height, weight, eye color, hair color, date of birth; and

(d) A copy of the photograph required in Section 4-16.03, except that upon renewal of permit, if the picture on the permit last expired has been taken more than two years prior to renewal, a new photograph not more than one month old shall be submitted to the Police Department and affixed to the renewed permit.

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

Each permittee shall have the permit required by this chapter in his immediate possession at all times while driving or operating a tow truck and shall exhibit such permit on demand of any peace officer.

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

The permit shall expire one year from the date of issuance and shall be renewable thereafter upon an annual basis, and upon the filing with the City of a statement by the permittee providing his or her current address and current employer, and upon payment of the annual license fee.

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

The Chief of Police may suspend or revoke any tow truck business permit for any of the following reasons or the reasons listed in Section 2-8.04 for denial of a permit:

(a) Within five years prior to the date of application the applicant has been convicted of any of the following crimes:

Theft, petty theft, theft of a vehicle, breaking or removing vehicle parts, malicious mischief to vehicle, check fraud, credit card fraud, driving under the influence of alcohol or drugs, vehicular manslaughter, reckless driving bodily injury, any offense which would cause the applicant to be registered as a sex or narcotic offender, any unlawful carrying, use or possession of a firearm, any assault or battery (misdemeanor or felony), kidnapping, arson, extortion, murder, possession of alcoholic beverage, opened alcohol container, marijuana, or narcotic drug while driving, bailee tampering, or any conviction of state or local laws relating to illegal towing;

(b) The imposition of towing, storage or other charges in excess of the maximum rate established by the City of Huntington Park for its contracted towing firms;

(c) Unauthorized charges added to the tow fee, including use of special equipment, release fees, administrative fees or other charges added to the tow fee;

(d) The towing or removal of any vehicle from public or private storage in other than a duly authorized manner;

(e) Failure to maintain in full force and effect the required bodily injury and property damage insurance;

(f) Employing any person as a tow truck operator who has not been issued a valid tow truck operator's permit by the Huntington Park Police Department;

(g) Knowingly falsifying a tow truck application or insurance certificate, or intentionally omitting from an application facts which could have resulted in a denial of the permit;

(h) Failure to report towed vehicles as required by law and Chief of Police rules;

(i) Falsification of any document used in the course of business as a tow truck;

(j) Failure to take reasonable steps to prevent violations of the law by employees in the course and score of their employment; and

(k) Failure to permit peace officers the ability to inspect the tow truck premises or operations thereof.

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

The Chief of Police may suspend or revoke a permit issued hereunder if after a hearing on the matter he or she finds that grounds exist which would have constituted just cause for refusal to issue such permit or the existence of any basis for suspension or revocation listed in Section 2-8.04. Written notice of the hearing, setting forth the time and place of the hearing, and a brief statement of the reason for the proposed suspension or revocation, shall be served on or mailed to the permittee at his or her residence, or place of business, as listed on his permit application, at least ten (l0) days in advance of the hearing. Any permit which is revoked shall not be renewed less than one year from the date of revocation.

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

The Chief of Police may, after a noticed public hearing, adopt such rules and regulations to effect the purposes of this chapter as one not in conflict therewith.

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

(a) 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.

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