La Mesa Municipal Code Ch. 12.50 Towing of Motor Vehicles from Private Property

(a) It is hereby declared by the city council that, pursuant to the authority granted by Section 21100 of the California Vehicle Code and in order to protect the public and preserve the peace of the community, regulation of business enterprises engaged in the practice of towing, removing and storing of motor vehicles from private property are matters affecting the public interest and any person desiring to conduct such a business enterprise shall be required to obey the regulations as hereinafter provided.

(b) The purpose of this chapter is to provide a uniform system for the regulation of business enterprises which are engaged in or which intend to engage in the practice of towing, removing and storing of motor vehicles which are parked on private property without permission of the owner of the private property.

(Ord. 2362, § 1; June 26, 1984)

(a) It shall be unlawful for any business enterprise to engage in the business of towing, removing and storing of motor vehicles which are parked on private property without the permission of the owner of the private property in the city of La Mesa, without first having secured a license from said city to do so, according to each and every regulation pertaining to such business enterprise.

(b) Nothing herein shall be construed as to mean that a person cannot work in or for such business enterprise without such license. There is no requirement that employees or agents of such business enterprise apply for and obtain the license provided for by this chapter. The practice of a business enterprise to consider persons as independent contractors or employees shall not be construed to permit avoidance of the requirement that the business enterprise itself apply for, obtain and maintain a license.

(Ord. 2362, § 1; June 26, 1984)

For the purposes of this chapter, the following definitions shall apply. Whenever any words or phrases are not defined herein, but are defined in the Vehicle Code of the State of California and the amendments thereto, such definitions are incorporated herein and shall be deemed to apply to such words and phrases as used herein as though set forth herein in full.

(a) "Business enterprise" means a unit of economic organization or activity in the form of an individual natural person, sole proprietorship, corporation, partnership, organization, joint venture, trust, foundation, firm, group, society, association or any combination thereof whose systematic purposeful activity is the towing, removing and storing of parked vehicles from private property at the express instructions of the owners of such property.

(b) "Property owner" means any person in lawful possession of private property, including but not limited to the legal titleholder, lessee or property manager. In no case shall any owner, operator or agent of a business enterprise engaged in the towing of vehicles from private property be considered a property owner unless he is the legal titleholder or resident of said property.

(c) "Removing" means the act of changing by tow the location of a parked vehicle from its location on private property to the storage site of the business enterprise.

(d) "Storing" means to place and to leave a towed vehicle at a site where the business enterprise exercises control and supervision over the vehicle.

(e) "Towing" means to draw or pull along a vehicle behind by means of another vehicle equipped with booms, car carriers, winches or similar equipment as defined in California Vehicle Code Section 615.

(f) "Attachment" means that a chain, tow bar, or other piece of towing equipment has been attached to the vehicle.

(Ord. 2362, § 1; June 26, 1984)

It shall be unlawful to:

(a) Charge the registered owner or other authorized person in control of the vehicle fees for any services other than those reasonably related to the towing and storage of vehicles which are actually garaged, including but not limited to "hoisting" or "let-down" fees, "standby" fees, fees for being allowed to retrieve personal property from the impounded vehicle or fees for releasing the vehicle during non-business hours if such release is between 8:00 a.m. and 5:00 p.m., Monday through Friday except for the holidays of New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day and Christmas Day. However, no charge or fee shall be made if the registered owner or owner authorized person in control of the vehicle returns to the vehicle prior to the tow truck's departure; and only a reasonable fee shall be charged if the tow truck operator has made an attachment to the vehicle to be towed prior to the registered owner or owner authorized person in control of the vehicle returns to the vehicle.

(b) Tow or remove or store a vehicle unless the business enterprise shall file and keep on record with the chief of police a complete copy of the current rates charged for the towing and storage of vehicles and copies of all written contracts or agreements between the business enterprise and property owners which relate to the towing and removal of vehicles.

(c) Tow or remove or store a vehicle unless the current maximum rates charged for the towing and storage of vehicles are posted in an open and conspicuous public place on the premises of the business enterprise.

(d) Pay or rebate money, or solicit or offer the payment or rebate of money, or other valuable consideration to property owners from which vehicles may be towed or removed, for the privilege of towing or removing vehicles.

(Ord. 2362, § 1; June 26, 1984)

A record of all towing and storage transactions relating to the impounding of vehicles from private property shall be maintained and kept on file in the office of the business enterprise. Such records shall include consecutively numbered receipts for all transactions and shall be available for inspection during normal working hours of the business by the chief of police or his designee.

(Ord. 2362, § 1; June 26, 1984)

(Ord. 2362 § 1; June 26, 1984, as repealed by Ord. 2573 § 1; April 23, 1991)

It shall be unlawful to:

(a) Tow or remove or store a vehicle except upon the express written authorization issued to the business enterprise by the person in lawful possession of the private property. Such authorization shall include the make, model and license number of the vehicle to be towed and shall be signed by the property owner immediately prior to or at the time of towing.

(b) Tow or remove or store a vehicle where the registered owner or other legally authorized person in control of the vehicle arrives at the scene of potential towing prior to towing or removal.

(c) Tow or remove a vehicle occupied by a person or persons.

(d) Tow or remove or store a vehicle unless the business enterprise notifies the La Mesa Police Department immediately upon arrival at the garage. Such notification shall include the storage site, the time the vehicle was towed or removed, and the make, model, color, license plate number and vehicle identification number (V.I.N.) of the vehicle and shall obtain the name of the person of the law enforcement department to whom such information was reported and indicate the name on a trip record together with an indication of the date and time of the day in hours and minutes that the vehicle was removed, and the authorizing party.

(e) Tow or remove or store a vehicle unless the vehicle shall be towed directly to the business enterprise's garage and the vehicle shall not be kept in any temporary building or public area.

(f) Store a vehicle in a garage located further than five miles from the point of removal unless no facility is available. If no garage is located within a five mile radius of the point of removal, the closest available garage shall be utilized; however, in no case shall a vehicle be towed further than ten miles from the point of tow.

(g) Store a vehicle in a building or fenced area that does not comply with the following requirements:

(1) If stored in an area other than a building, the yard shall be surrounded on all sides by a fence of approved construction not less than six feet high and maintained in good condition.

(2) The business name, address and telephone number shall be displayed on the exterior of such building or fence in such a manner to be visible for fifty feet and in compliance with City Sign Ordinances.

(3) Exterior portions of such business must be maintained free of oil, parts or other matter.

(4) No vehicle or part thereof may be placed closer than two feet from any fence or wall.

(h) Tow or remove or store a vehicle without twenty-four hour telephone access and vehicle release availability. During nonbusiness hours, tow companies shall be required to release vehicles only upon request of a police supervisor.

(Ord. 2362 § 1; June 26, 1984)

In the event that any person fails to comply with Vehicle Code regulations regarding towing and storage of vehicles, the chief of police may, in addition to other penalties provided by this code, suspend or revoke the authorization to tow.

(Ord. 2362 § 1; June 26, 1984)

Any employee designated by the chief of police with the duty to enforce the provisions of this chapter is hereby authorized to arrest any person without a warrant whenever said employee has reasonable cause to believe that the person to be arrested has committed a violation of this chapter in his presence.

(Ord. 2362 § 1; June 26, 1984)

If any section, sentence, clause or phrase of this chapter is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this chapter.

(Ord. 2362 § 1; June 26, 1984)

It shall be unlawful for any person to violate any provision of this chapter. A violation of any of the provisions or failing to comply with any mandatory requirements of this chapter shall constitute a misdemeanor and shall be subject to the provisions of the general penalty clause as set out in Section 1.01.080 of the code of the city of La Mesa.

(Ord. 2638 § 3; November 23, 1993)