Huron Municipal Code Ch. 12.14 Towing Service

It is the intent of this chapter and any subsequent amendments thereto to prescribe the basic regulations for the operation of the City of Huron ("City") and Huron Police Department ("Police Department") towing service in emergency situations and in the removal of vehicles that are abandoned, involved in an accident, or constitute an obstruction to traffic because of mechanical failure. It is the purpose of the city council in enacting this chapter to provide a fair and impartial means of distributing requests for towing services among qualified franchises, and to ensure that such service is prompt and reasonably priced, and in the best interests of the public as well as the interest of efficient policing operations for the removal of such vehicles from public streets.

(Ord. No. 361, 11-16-11)

For purposes of this chapter, the following terms, phrases, words, and derivations shall have the meaning given in this section:

"Chief" means the chief of police of the police department of the City of Huron.

"City manager" means the city manager of the City of Huron.

"Franchisee" means a certain tow truck operator to which the city council may, by the adoption of a resolution or ordinance, grant a nonexclusive franchise for purposes of providing towing services to the City under and pursuant to the provisions of this chapter.

"Police department" means the police department of the City of Huron.

"VICR fees" means the vehicle impound cost recovery fee which is equal to one hour of City of Huron police officer time at the current intermediate deputy rate in effect at the time of the release of the impounded vehicle.

(Ord. No. 361, 11-16-11)

The city council may at its discretion, by the adoption of a resolution or ordinance, grant a nonexclusive franchise to a tow truck operator ("franchisee") to provide towing services to the City under and pursuant to the provisions of this chapter.

(Ord. No. 361, 11-16-11)

A. All franchises granted to franchisees pursuant to this chapter shall be nonexclusive and shall be for a term to be specified by the city council in the resolution granting a franchise hereunder and in the franchise agreement between the City and the franchisee.

B. No provisions of this chapter shall be deemed to require restricting the number of franchises to one or any particular number, and no provision of this chapter shall be deemed to require the city council to grant any franchise if the city council determines that the grant of any such franchise is not in the best interest of the City and the public.

C. All franchisees shall be subject to the terms and conditions specified in this chapter, as well as any terms or conditions specified in the resolution granting the franchise and the franchise agreement.

D. In granting any tow truck operator franchise, the city council may prescribe such other terms and conditions, not in conflict with this chapter, as are determined by the city council to be in the best interest of the City and the public.

(Ord. No. 361, 11-16-11)

Prior to the City granting a franchise for tow truck services, the city manager shall cause a notice of request for qualifications to be published in a newspaper of general circulation. The city manager or designee shall evaluate the qualifications of the respondents and submit to the city council for consideration the qualifications of the tow truck operator(s) that he/she deems most qualified together with a franchise agreement as provided in Section 12.14.110.

(Ord. No. 361, 11-16-11)

A. The tow truck operators who obtain a franchise pursuant to this chapter shall provide towing service to the City pursuant to the rotation system established by the chief.

B. Nothing shall prohibit a Class B, C, or D operator from maintaining a place on a lighter class rotation list. Regardless of the class of tow truck, charges shall not be more than the class of vehicle towed or serviced, except when recovery operations required a larger class of truck.

(Ord. No. 361, 11-16-11)

Any tow truck operator that obtains a franchise pursuant to this chapter shall:

A. Comply with the City's zoning requirements. All towing operations shall apply for a conditional use permit. Towing operations shall keep current and in good standing the conditional use permit.

B. Comply with the State of California, Department of Highway Patrol, Tow Service Agreement (CHP 234(03-009) OPI 062 or any updates).

C. Have an office and storage facility in the same location within the City's boundaries, with a sign posted including the company name, address, phone number and hours of operation, to be clearly visible from the roadway. Unless otherwise authorized by the chief, such storage facilities shall contain a minimum of fifteen (15) automobile storage spaces.

D. Maintain a sign listing the rates and charges of all towing and storage services offered. Such sign shall be conspicuously posted in the office or other location clearly visible where customer financial transactions take place.

E. Furnish each owner of an automobile impounded by the tow truck operator with a fully itemized billing.

F. Maintain minimum operating hours for storage facilities of Monday through Friday, 8:00 a.m. to 5:00 p.m., except holidays.

G. Respond to police department calls twenty-four (24) hours a day, seven days a week, within the response time as established by the chief.

H. Agree to protect, indemnify, defend and hold harmless the City and the police department from all claims, demands or liability arising out of or encountered in connection with its agreement with the City or the performance of work in preparation for the towing operation, or claims, demands and liability occurring during the towing and subsequent storage and maintenance activities whether such claims, demands or liability are caused by the tow service or its employees or agents.

I. Conduct its business in an orderly, ethical, businesslike manner, and use reasonable means to obtain and keep the confidence of the motoring public. Franchisee shall be responsible for the acts of its employees and agents while on duty and for damage to towed vehicles while in its possession.

J. Comply with all applicable federal, state and local regulations for providing towing service and be a currently approved operator for the California Highway Patrol rotational tow list.

(Ord. No. 361, 11-16-11)

A. Franchisee shall not charge rates in excess of one hundred fifteen (115) percent of the schedule of rates for towing established by the California Highway Patrol for the Fresno County area.

B. Storage fees shall be charged by calendar day except that vehicles stored eight hours or less shall be charged no more than one day storage.

(Ord. No. 361, 11-16-11)

A. The vehicle impound cost recovery fee ("VICR fee") is equal to one hour of City of Huron police officer time at the current intermediate deputy rate in effect at the time of the release of the impounded vehicle.

B. The franchisee shall collect the VICR fee prior to releasing a vehicle unless such fee has already been paid directly to the police department or has been waived.

C. The police department may waive the VICR fee due to extenuating circumstances. It is not the intention of the City nor the police department to penalize victims. Circumstances under which the VICR fee may be waived include the impounding of recovered stolen or embezzled vehicles, and vehicles impounded due to driver injury or incapacitation.

(Ord. No. 361, 11-16-11)

Any tow truck operator granted a franchise pursuant to the provisions of this chapter shall pay to the City franchise charges and fees as may be determined by separate resolution of the city council. Such fee shall not exceed the City's annual cost of administration and enforcement of this chapter.

(Ord. No. 361, 11-16-11)

All franchises granted by the city council pursuant to this chapter shall be memorialized in a written agreement between the franchisee and the City and approved by resolution of the city council.

(Ord. No. 361, 11-16-11)

The franchisee will provide emergency response to aid and service City and police department vehicles that are one ton or less, within a reasonable radius no greater than one mile beyond the City's boundaries, at no cost to the City or police department.

(Ord. No. 361, 11-16-11)

Nothing in this chapter shall be construed as restricting or prohibiting the City from conducting its own towing operations or maintaining its own towing yard, either in lieu of, or in addition to, any franchise awarded pursuant to this chapter.

(Ord. No. 361, 11-16-11)