Inglewood Municipal Code § 8-90 City Referral Defined

The term "City referral"

shall mean those instances when any member of the Police Department orders or requests towing service from permittees 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" shall mean that portion of permittees' business or revenue attributable from City referrals.

(Ord. 00-16 9-26-00)

In order to be able to receive City referrals, a towing business shall beforehand have duly obtained a referral towing service permit; these permits shall be for a period of thirty-six months. Existing business entities holding franchises to provide City referral towing services, which franchises shall terminate upon the effective date of this present amendment to Article 6 of Inglewood Municipal Code, shall be granted and issued, City referral towing permits for a period of thirty-six months from the effective date of said amendment. Upon termination of this initial thirty-six month grant of a permit, said permit holders shall be subject to the application, renewal and permit process of Sections 8-90.2 through 8-93.

The City shall limit the number of permits to three vendors provided however, that in an emergency, or if no permit holder is able or willing to provide the service required, the Police Chief or his designee may, to the extent deemed necessary to meet the exigent circumstances, refer towing business to a non-permit holder.

(Ord. 00-16 9-26-00)

(1) Applications for permits to provide towing service upon referral by the City shall be made on forms furnished by the Police Department containing spaces for such information with reference to the applicant as the Chief of Police may reasonable require. All information required shall be given under oath.

(2) 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, the president and vice president, secretary and treasurer of the corporation shall furnish such photograph and fingerprints. 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.

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

(Ord. 00-16 9-26-00)

Upon the filing of an application for a permit to provide City referred towing service, the City Council shall fix the time and date for public hearing thereon. The Council shall refer the matter to the Administrative Officer who shall cause an investigation to be made respecting the necessity for the proposed service within the City.

At least ten days' written notice of the time and place set for the public hearing shall be given to the applicant and to all persons then holding permits. Notice shall also be given the general public by posting a notice of such hearing on the bulletin board in the main lobby of the City Hall at least ten days prior to such hearing. Any interested person may file with the Administrative Officer a memorandum in support of or in opposition to the issuance of a permit and certificate. At the public hearing of the matter, evidence may be received with reference thereto but shall not necessarily be limited to the matters contained in the application. In conducting such hearings, the City Council shall, among other matters as it may deem pertinent, review the character, experience, and personal financial responsibility of the applicant; the capacity and ability of the applicant to satisfactorily perform referred towing services, and other factors relevant to the application.

(Ord. 00-16 9-26-00)

If the City Council finds that the applicant is fit, willing, and able to perform referral towing service and to conform to the provisions of Sections 8-90 through 8-93 et seq., of this Code and other legal provisions and rules promulgated by the City Council, the City Council may issue a permit stating the name and address of the applicant, the number of towing vehicles authorized under such permit, and the date of issuance. The Chief of Police may at his/her discretion, or as the need may arise, establish specific operating zones and tasks in which the permit holder shall provide referral towing service, or perform certain other related tasks as specified herein.

(Ord. 00-16 9-26-00)

The maximum rates to be charged for referral towing services shall be those rates established annually by the Chief of Police with the consent of the City Council or by resolution of the City Council directly. The rates established shall equal the average of the maximum rates permitted by the jurisdictions served by the Los Angeles Police Department, the Los Angeles County Sheriff and the California Highway Patrol in the greater Los Angeles metropolitan area. Upon determination by the Chief of Police of information necessary to compute the maximum rates, said information shall be forwarded to the City Council along with the determination of the Chief of Police of the rates applicable to the City. Thirty days after the report of the Chief of Police has been included on the agenda of the City Council, if no resolution is adopted by the City Council establishing rates other than those established by the Chief, the rates determined by the Chief of Police shall be the official rates of the City. Upon each revision of the rate schedule, whether by determination of the Chief of Police or by contrary action of the City Council, the Chief of Police shall immediately forward written notice of the revised rates to the City Clerk who shall immediately forward a copy of said notice to all permittees holding a then current permit under this Article.

(Ord. 00-16 9-26-00)

For each calendar quarter to and including the last quarter of 2000, each permittee shall pay to the City a sum equal to seven percent of that portion of the permittee's gross receipts developed from or attributed to the City's referred business. Such payments shall be made on or before the last day of the month following the close of each calendar quarter and payable in addition to permittee's general business tax as imposed in Chapter 8 of this Code. Any permittee who fails to remit said quarterly payments imposed by this Article within the time required shall pay a penalty of ten percent of the amount due in addition to the quarterly payment.

Notwithstanding the fees established herein the City shall charge an Administrative fee of $150 for each vehicle impounded/stored for the following reasons:

1. Driver of the vehicle was arrested by the Police Department.

2. Driver of the vehicle is unlicensed.

3. Driver of the vehicle was driving with a suspended or revoked license.

4. The vehicle is on the roadway with registration expired more than six months.

5. The vehicle was impounded for hit and run investigation,

(Ord. 00-16 9-26-00)

The Administrative Tow Fee established in Section 8-90.5 shall be disbursed in the following manner: Fifty percent of the fee shall be placed in the City's General Fund, and the remaining fifty percent of the fee shall be placed into a "Traffic Offender Fund". This fund shall be used for such specific purposes as overtime expenses, equipment, educational, and promotional materials, related to traffic safety/enforcement operations of the Traffic Division. The Chief of Police may access the Traffic Offender Fund, but only after receiving the prior written authorization or approval of the City Administrator.

(Ord. 00-16 9-26-00)