La Palma Municipal Code Art. V Towing Service

Footnotes:

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State Law reference— Authority of City to establish procedures for removal from private or public property of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof, Vehicle Code § 22660.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Illegally parked vehicle means any vehicle parked in violation of the laws of the City of La Palma, the County of Orange and/or the State of California.

Public automobile storage facility means any vehicle storage facility which provides to the public the service of storing or holding vehicles.

Tow car means any vehicle or device used to tow or otherwise remove vehicles from one place to another.

Tow service means any service whereby vehicles are towed or otherwise removed from one place to another.

(Code 1975, § 13-92; Ord. No. 86-05, § 1)

No person, association, firm or corporation shall engage in, conduct, or carry on, the business of towing or impounding illegally parked vehicles from a private property location within the City of La Palma without first having obtained a permit pursuant to this article. La Palma Emergency Tow and Storage List contractors may tow from private property under conditions established by this Code and are exempt from the private property permit fee.

(Code 1975, § 13-93; Ord. No. 86-05, § 1)

(a) Any person desiring to obtain or renew a permit to tow or impound illegally parked vehicles from private property locations within the City of La Palma shall make application pursuant to section 22-164.

(b) Each application shall be accompanied by a nonrefundable application fee as established by resolution of the City Council.

(Code 1975, § 13-94; Ord. No. 86-05, § 1)

An applicant for a permit shall submit the following information:

(1) The full name and business and residence address of the applicant;

(2) The location, description and hourly availability of the tow cars owned or operated by the applicant;

(3) The addresses of the available public automobile storage facilities that the applicant will use for housing all vehicles towed from private property;

(4) Written proof that the applicant is over 18 years of age;

(5) The names, addresses and driver's license numbers of all tow car operators employed by the applicant. Applicant will provide this information for any employees hired after issuance of the permit;

(6) The business, occupation, or employment history of the applicant for the three years immediately preceding the date of the application;

(7) The business license and permit history of the applicant, owner, or profit interest holder in the tow service;

(8) All criminal convictions of applicant, including Vehicle Code violations;

(9) Such other identification and information as reasonably necessary.

(Code 1975, § 13-95; Ord. No. 86-05, § 1)

Every tow car operator and driver performing towing services of illegally parked vehicles from private property in the City shall have on file with the La Palma Police Department a valid permit or copy thereof.

(Code 1975, § 13-96; Ord. No. 86-05, § 1)

Upon the sale or transfer of any ownership or profit interest whether present or prospective in a tow service, the permit issued under this article shall be null and void. A new application and payment of fees shall be made, deleting the person who no longer holds any ownership or profit interest and naming the person who has been sold or transferred ownership or profit interest in the tow service.

(Code 1975, § 13-97; Ord. No. 86-05, § 1)

(a) Twenty-four hours before authorizing a tow service to remove any illegally parked vehicle from private property, the owner or person in lawful possession of the private property must notify the La Palma Police Department of the following in accordance with Vehicle Code § 22658(a):

(1) The name, address and phone number of the person authorizing removal of the illegally parked vehicle from private property;

(2) The location of the private property from which the vehicle is to be removed;

(3) The name, address and telephone number of the location where the vehicle is to be stored;

(4) The license number, model and color of the vehicle to be removed;

(5) The name and address of the person reporting the private property impounded.

(b) It is the responsibility of the tow service operation to ensure that the La Palma Police Department is notified by the owner or person in lawful possession of the private property prior to the tow service operator removing any illegally parked vehicle.

(c) The owner or person in lawful possession of such property shall give or cause to be given notice in writing to the registered and legal owner of the vehicle of the fact of such removal, and the reason for the removal, if such person knows or is able to ascertain such information from the records of the Department of Motor Vehicles. The mileage of the vehicle at the time of removal must also be reported to the registered owner of the vehicle, (in accordance with Vehicle Code § 22658(b)). If the owner or person in lawful possession of the property is unable to comply with Vehicle Code § 22658(b), said owner or person shall comply with Vehicle Code § 22853(c).

(Code 1975, § 13-98; Ord. No. 86-05, § 1)

The illegally parked vehicle removed from private property shall be towed or otherwise transported to the nearest available public automobile storage facility. The nearest available public automobile storage facility is defined as that facility which is closest to the private property from which the illegally parked vehicle was towed or otherwise removed, or the storage lot of the permittee if approved by the Police Chief.

(Code 1975, § 13-99; Ord. No. 86-05, § 1)

The permittee shall not tow from private property unless the private property has displayed signs containing the following message:

NO PARKING—UNAUTHORIZED VEHICLES SUBJECT TO TOW-AWAY AT OWNER'S EXPENSE CVC 22658 LA PALMA POLICE TELEPHONE (714) 690-3370.

(Code 1975, § 13-100; Ord. No. 86-05, § 1)

The permittee shall maintain on file with the La Palma Police Department a current rate schedule indicating all charges for towing and storage services. The charges for towing and storage services of illegally parked vehicles removed from private property shall be assessed according to the prevailing rates charged for similar services in Orange County and on file at the La Palma Police Department.

(Code 1975, § 13-101; Ord. No. 86-05, § 1)

(a) An applicant for a permit under the provisions of this article shall obtain and complete the necessary applicant's form and return it to the Police Department. The Police Department will thereafter notify the permit applicant of a date and time in which to personally appear at the Police Department. The Police Chief shall have a reasonable time in which to investigate the application and the background of the applicant. Based upon such investigation, the Police Chief, or his or her designee, shall approve or deny the permit.

(b) The Police Chief or his or her designee shall not grant a permit if, based upon his or her investigation, he or she finds any one or more of the following:

(1) Evidence showing that the permit applicant has deliberately falsified the application; or

(2) The permit applicant fails to furnish the information and documents required by this article; or

(3) Any deficiencies or violations in facilities, equipment or courses of conduct which endangers the peace, health, safety and/or general welfare of the public; or

(4) The operation as proposed by the applicant, if permitted would not comply with all applicable laws, including, but not limited to, this Code; or

(5) The preceding record reveals that the permit applicant has conducted his or her business in an unlawful, unethical or discourteous manner; or

(6) The applicant is not of the age of 18 years or older.

(c) The Police Chief, after receiving the aforementioned and described information, may, grant or deny a permit based on the above listed criteria. In the event the permit is denied, written notice of such denial shall be given to the applicant, specifying the grounds for such denial. Notice of the denial of the permit shall be deemed to have been served upon personal service of applicant or when deposited in the United States mails with postage prepaid and addressed to the applicant at his or her last known address. Such refusal to issue a permit may be appealed to the City Manager under the procedures as set forth below.

(d) Within 30 days from the date of denial, any person denied a permit pursuant to these provisions may appeal to the City Manager in writing stating reasons why the permit should be granted. The City Manager may grant or deny the permit, and such decision shall be final upon the application. Also, the City Manager may elect, on his or her own motion, to review any determination of the grant or denial of a permit.

(Code 1975, § 13-102; Ord. No. 86-05, § 1)

(a) The Police Chief may suspend or revoke the permit issued under this article when he determines that the permit holder, his or her agent, or employee was on notice, or knew of, or should have known of, a violation of the La Palma City Code, including, but not limited to the provisions of this article, and failed to comply with the La Palma City Code.

(b) No permit shall be suspended or revoked unless hearing notice thereof be given. Notice of such hearing shall be given in writing and served at least five days prior to the date of hearing thereon. The notice shall state the grounds of the complaint against the holder of such permit, or against the business carried on by the permittee at the tow service, and shall state the time and place where such hearing will be held.

(c) This notice shall be served upon the permit holder by delivering the same to such person or by leaving such notice at the place of business or residence of the permit holder. If the permit holder cannot be found with due diligence and the service of such notice cannot be made in the manner herein provided, a copy of such notice shall be mailed, postage fully prepaid, addressed to the permit holder at his or her place of business or residence at least five days prior to the date of such hearing.

(d) It is unlawful for any person to conduct or carry on the business of towing illegally parked vehicles from private property until a permit, suspended or revoked, has been reinstated by the Police Chief.

(Code 1975, § 13-103; Ord. No. 86-05, § 1)

Nothing in this article shall constitute a waiver of the requirements for the issuance and possession of a business license.

(Code 1975, § 13-104; Ord. No. 86-05, § 1)

Subject to revocation or suspension, a permit issued pursuant to the terms of this article shall expire after a term of two years. The permit may thereafter be renewed. Applications for renewal shall be subject to all provisions of this chapter.

(Code 1975, § 13-105; Ord. No. 86-05, § 1)

The provisions of this article shall be applicable to all persons and businesses described herein whether the herein described activities were established before or after the effective date of the ordinance from which this article is derived, except that those in business as of the date of enactment of the ordinance from which this article is derived shall have ten days to make application for a permit.

(Code 1975, § 13-106; Ord. No. 86-05, § 1)

Every person, whether acting as an individual owner, employee of the owner, operator or employee of the operator, or whether acting as a mere helper for the owner, employer or operator, or whether acting as a participant or worker in any way, who operates or conducts a towing service without first obtaining a permit and paying for a license to do so from the City of La Palma, or who violates any provisions of this article, shall be guilty of a misdemeanor.

(Code 1975, § 13-107; Ord. No. 86-05, § 1)