Huntington Park Municipal Code Ch. 17 Permits for Towing Firms

No person shall engage in or conduct business as a towing firm within the City of Huntington Park without first obtaining a permit from the Chief of Police as hereinafter provided.

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

For the purpose of this chapter, the following word and phrase shall mean and include:

"Applicant"

means, if a sole proprietorship, any person. If a partnership, at least two of the partners. If a corporation, at least two corporate officers.

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

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

(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 business's name, business address and telephone number;

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

(d) A description of the applicant's business plan, and proposed services to be provided, including, but not limited to, days and hours of operation, all storage locations of towed vehicles, and a system for handling complaints that is acceptable to the Chief of Police;

(e) The name and permit number of all employees who shall operate a tow truck for applicant's business;

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

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

(h) If a partnership, or a corporation, a list of all stockholders holding more than 10%, including their names, addresses, dates of birth, and social security numbers.

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

An application shall be accompanied by:

(a) 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 color photographs, approximately 2" x 2", taken within one month of application, to be furnished by applicant;

(d) Letter of request from the employer written on the employer's business letterhead and stating an intent to employ the applicant; and

(e) The filing fee.

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

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

(a) Applicant does not possess or cannot obtain the minimum amount of bodily injury and/or property damage insurance as required by the Chief of Police rules; or

(b) The applicant does not possess the requisite tow truck equipment or facilities reasonably necessary to operate a tow truck business in such a manner as to adequately protect vehicles of the public that are towed and stored from damage or theft; or

(c) The applicant 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, any conviction of state or local laws relating to illegal towing; or

(d) The applicant has knowingly falsified any statement contained in his application, or has knowingly omitted information in his application which could result in a denial of the permit; or

(e) The applicant does not possess or cannot obtain an FDIC-authorized bank credit card machine.

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

Every towing firm, or person to whom or for whom a permit to operate a towing firm has been granted pursuant to the provisions of this chapter, shall display said permit in a conspicuous place within the towing firm business address, so that the same may be readily seen by persons entering the premises.

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

All towing firms operating on the effective date of this chapter must file an application for a permit within 90 days of the effective date of this chapter; failure to do so shall make continued operation of said towing firm a violation of the permit requirements of this chapter.

(§ 3 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 towing firm 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 towing firm;

(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 towing firm premises or operations thereof.

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

Each towing firm shall cause to be delivered to the Huntington Park Police Department, within 30 minutes after departing private property with the towed vehicle, a completed Vehicle Report CHP-180. The CHP-180 shall bear the year, make, model, body type, color, license number of the vehicle towed, the name of the firm towing the vehicle, the location the vehicle has been towed from, the tow truck operator's signature and permit number, the location where the vehicle is being stored, the time the vehicle was towed, a cursory inventory of the vehicle, the telephone number where the towing firm can be reached at, and the name, valid driver's license or identification number, address, telephone number and signature of the person authorizing the tow.

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

(a) Permit holders shall submit, semiannually, evidence of insurance for all vehicles utilized in the course of the tow truck business.

(b) Permittee shall, annually, provide evidence of registration for all vehicles.

(c) Permittee shall notify the Police Department of changes in the number of tow vehicles.

(d) Permittee shall notify the Police Department of changes in tow truck drivers employment status and permit number.

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

Towing firm vehicles may be inspected for code and safety violations by any peace officer.

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

Each tow truck shall maintain a record of each vehicle towed, and shall retain such record for three years and shall make those records available for inspection by any peace officer.

(§ 3 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 are not in conflict therewith.

(§ 3 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 the towing firm's current address; and upon payment of the annual license fee.

(§ 3 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 10 days in advance of the hearing. Any permit which is revoked shall not be renewed less than one year from the date of revocation.

(§ 3 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.

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