Lancaster Municipal Code Ch. 5.32 Towing (CA)

5.32.010 - Definitions.¶

A. For purposes of this chapter, the following terms are defined in this section:

"City" means the city of Lancaster.

"City council" means the city council of the city of Lancaster.

"City manager" means the city manager of the city of Lancaster or his or her designee.

"Finance director" means the finance director of the city of Lancaster or his or her designee.

"Operating license" means a license to conduct a towing operation issued pursuant to the provisions of this chapter.

"Operator" means any individual, partnership, corporation, association or limited liability company that is the registered owner or engaged in the business of towing operation.

"Permit" means an operating permit issued pursuant to the provisions of this chapter.

"Towing operation" means the activity of towing vehicles for compensation within the city of Lancaster. Towing operation includes the storing of vehicles and all other services incident to towing.

"Towing unit" means every vehicle the proper purpose of which is to tow vehicles under the provisions of this chapter.

"Towing unit driver" means any individual who drives or is in actual physical control of a towing unit.

(Ord. 860 Att. B (part), 2006: Ord. 763 § 1 (part), 1999)

Exceptions & meaning →

5.32.020 - Exemptions.¶

The provisions of this chapter shall not apply to any towing operation:

A. That provides towing service exclusively to members of an association, automobile club or similar organization, and receives remuneration only from the sponsoring association, automobile club or similar organization;

B. That provides towing service without charge or fee for other vehicles owned or operated by the individual or organization furnishing the towing service;

C. That provides towing service without charge or fee for other vehicles owned or operated by the individual or organization furnishing the towing service, but which are being operated under terms of a rent or lease agreement or contract, and such towing is performed on a nonprofit basis or any fee is part of the rent or lease agreement or contract;

D. That, being located in another city, enters the city on a non-emergency towing assignment for the purpose of towing a disabled vehicle back to such city for repair;

E. That is operated by an auto-dismantler licensed by the Department of Motor Vehicles, pursuant to Vehicle Code Section 11505; or

F. That is operated by a repossessing agency licensed under Chapter 11 of the Business and Professions Code.

A non-emergency towing assignment includes:

a. Towing of vehicles that have been involved in a collision, but have been removed from the scene;

b. Towing of vehicles that have experienced mechanical failure, but have been removed from the roadway and no longer constitute a hazard; or

c. Towing of vehicles that are mechanically operative but are being towed for convenience.

All non-emergency towing assignments require authorization by:

a. The registered owner;

b. The legal owner;

c. The insurance carrier of either the registered owner or the legal owner; or

d. The duly authorized agent of subsection (F)(2)(a), (b) or (c) of this section.

Notwithstanding the foregoing, persons soliciting for non-emergency towing assignments within the city shall comply with the provisions of this chapter and shall be required to have an operating license as specified herein.

(Ord. 860 Att. B (part), 2006: Ord. 763 § 1 (part), 1999)

Exceptions & meaning →

5.32.030 - Operating license requirement.¶

A. Unlawful to Conduct Towing Operations Without a License. It is unlawful for any person to conduct any towing operation in the city without first obtaining a license authorizing such operation pursuant to the provisions of this chapter. Any such unlawful operation shall constitute a misdemeanor.

B. Application for License. It shall be the sole responsibility of every person required to obtain a operating license to apply on a form provided by the city manager. Any person who makes a false statement on the application shall be guilty of a misdemeanor.

Contents of Application. Applications for an operating license shall contain the following information, as applicable:

a. The name of the applicant;

b. The residence address and telephone number of the applicant;

c. The business address and telephone number of the applicant;

d. The fictitious business name, if any, under which the applicant does business or proposes to do business and a copy of the applicant's fictitious business name statement filed with the county of Los Angeles;

e. The name, address and telephone number of all directors, officers, shareholders, partners, employees or other individuals who are financially interested in the proposed operation of the towing operation or who are involved or proposed to be involved, directly or indirectly, with the management of the business;

f. The number of towing units for which a permit is desired. A description of each vehicle, giving the license number, vehicle identification number, model, make and year of manufacture;

g. The color scheme, name and other distinguishing insignia proposed to be used on each vehicle;

h. The proposed schedule of towing rates to be charged;

i. A current financial statement of the applicant;

j. A statement outlining the past experience of the applicant in the business of towing operation;

k. Evidence of insurance coverage as required pursuant to subsection C of this section;

l. Such additional information as the city manager deems necessary; and

m. Completed towing unit driver's license applications for each of the towing unit drivers the applicant employs or intends to employ, or with whom the applicant contracts or intends to contract for towing unit driving purposes;

n. One of the following:

i. A receipt from the Los Angeles County Sheriff's Department evidencing that the applicant has (i) submitted fingerprint cards for each of the individuals listed pursuant to subsections (B)(1)(a), (e) and (m) of this section on Form FD258 or such other fingerprint card as is accepted by the Department of Justice and the Federal Bureau of Investigation; and (ii) paid any and all fees required to conduct background checks on such individuals, or

ii. A receipt evidencing that the applicant has (i) obtained electronic fingerprint scans, also known as Livescan, to the extent such technology is available, for each of the individuals listed pursuant to subsections (B)(1)(a), (e) and (m) of this section; and (ii) paid any and all fees required to conduct background checks on such individuals, or

iii. A letter authorizing the city to utilize data retrieved pursuant to a background check completed within forty-five (45) days of the applicant's submission of its application to the city. Such authorization letter shall state the names and include the signatures of each of the individuals listed pursuant to subsections (B)(1)(a), (e) and (m) of this section and shall state the name of the jurisdiction or entity that conducted the previous background check. Data retrieved pursuant to a background check conducted by the Los Angeles County Sheriff's Department shall be presumed valid. Data retrieved pursuant to a background check conducted by any other jurisdiction or entity shall be accepted upon approval by the city manager;

o. One of the following:

i. A receipt evidencing that the applicant and each of the individuals identified pursuant to subsections (B)(1)(a), (e) and (m) of this section have tested negative for each of the controlled substances identified in Part 40 (commencing with Section 40.1) of Title 4901 of the Code of Federal Regulations pursuant to a controlled substances test administered pursuant to the requirements of such regulations; or

ii. A letter authorizing the city to use data retrieved pursuant to a controlled substances test completed within forty-five (45) days of the applicant's submission of the application to the city. Such authorization letter shall include the names and the signatures of each of the individuals listed pursuant to subsections (B)(1)(a), (e) and (m) of this section and shall state the name of the jurisdiction or entity that conducted the previous controlled substances test. Data retrieved pursuant to a controlled substances test conducted by the Los Angeles County Sheriff's Department shall be presumed valid. Data retrieved pursuant to a controlled substances test conducted by any other jurisdiction or entity shall be accepted upon approval by the city manager.

Extension of Time. The city manager may extend the time required for filing an operating license application for good cause, for a period not exceeding thirty (30) days, and may waive any penalty that would otherwise accrue thereon.

C. Insurance. Every applicant for an operating license shall obtain and maintain commercial comprehensive general liability insurance and comprehensive automobile liability insurance in full force and effect.

The amount of the commercial comprehensive general liability insurance shall be determined by the city manager. However, in no event shall such insurance be written with a combined single limit of less than one million dollars ($1,000,000.00) per occurrence. Such insurance shall be endorsed for premises/operations and contractual liability, and shall name the city as an additional insured and shall be primary to and not contributing with any other insurance covering or maintained by the city.
The amount of comprehensive automobile liability insurance shall be determined by the city manager. However, in no event shall such insurance be written with a combined single limit of less than three hundred thousand dollars ($300,000.00) per occurrence, or limits of less than one hundred thousand dollars ($100,000.00) per person/three hundred thousand dollars ($300,000.00) per accident/fifty thousand dollars ($50,000.00) property damage, or any combination of commercial insurance which provides less than the equivalent limits. Such insurance may include a property damage deductible or self insured retention less than or equal to two thousand five hundred dollars ($2,500.00) per occurrence.
Such insurance shall be provided by insurer(s) satisfactory to the city manager. Evidence of such insurance shall be attached to the operating license application.
The limits of such insurance shall be subject to review and alteration by the city manager.
Failure to maintain insurance in full force and effect as required by this Section 5.32.030(C) shall constitute a basis for immediate revocation of any license issued pursuant to this chapter.

D. Term of Operating License. Operating licenses shall be valid for a term of not more than twelve (12) months commencing on the first day of the month when the license application and fee are received by the city manager.

E. License Fee. Each applicant shall pay an annual operating license fee when application is made for the license. The city's issuance of a receipt to the operating license applicant for payment of the fee shall not constitute the receipt of an operating license. The fee is non-refundable. The amount of the license fee shall cover the costs of processing the application and shall be established by resolution of the city council.

Error in Calculating Fee. In no case shall any error in calculating or in stating the amount of a license fee prevent the collection of the correct amount due from any person operating or intending to operate a towing unit in the city.
License Fee a Debt. The amount of any license fee or penalty imposed by this chapter shall constitute a debt to the city.
Refunds. Upon approval of the city manager, the finance director may refund any license fee or penalty erroneously collected. However, no license fee shall be refunded if the applicant engaged in the towing operation business prior to application for the license. License fees shall not be refunded for any fraction of a year that business is not conducted.

F. Due Date for License Fee. The license fee for an operating license is due when the application is submitted to the city manager. The fee for renewal of all operating licenses is due the first day of the month following the expiration date stated on the license.

G. Penalties.

Failure to Pay Fee. In the event of failure to pay an operating license fee when due, the finance director shall add a penalty of twenty (20) percent of the license fee on the first day of the month following the due date, and ten (10) percent each month thereafter while the fee remains unpaid. In no event shall the amount of the penalty exceed fifty (50) percent of the amount of the license fee due.
Failure to Obtain License. If a person fails to obtain an operating license, the license fee due shall be the amount due and payable from the first date when the person engaged in towing unit operation in the city, together with the penalty described in subsection (G)(1) of this section.

H. Issuance of License. Upon the approval of an application for an operating license and payment of the required fee, the city manager shall issue an operating license to the applicant.

I. Contents of License. Each operating license issued shall contain the following:

The name of the operator;
The business address of the operator;
The business telephone number of the operator;
The expiration date of the operating license;
Such other information as deemed necessary and required by the city manager.

J. Grounds for Denial of License. The city manager or his or her designee may deny issuance of an operating license required by this chapter for any of the following reasons:

Failure to comply with this chapter, an ordinance of the city, federal or state law; or
Receipt of a negative recommendation by the Los Angeles County Sheriff's Department, or any other jurisdiction or entity as designated by the city manager, upon completion of background checks or upon review of data retrieved pursuant to previously conducted background checks as set forth in subsection (B)(1)(n) of this section, which data reveals any of the following:

a. Conviction or guilty plea to one or more crimes against persons. Crimes against persons shall include, but shall not be limited to, murder, manslaughter, robbery, rape or other sexual crimes, extortion, assault, or battery; or

b. Conviction or guilty plea to two or more crimes against property during the seven years preceding submission of the application. Crimes against property shall include, but shall not be limited to, burglary, grand theft, forgery and fraud; or

c. Conviction or guilty plea to two or more drug-related crimes during the seven years preceding submission of the application. Drug-related crimes shall include, but shall not be limited to, possession, sale or possession for sale of any Schedule I or Schedule II narcotic; or

d. Conviction or guilty plea to one or more crimes chargeable as a felony in the preceding twenty-four (24) months; or

e. Conviction or guilty plea to such other crimes as the city manager deems a threat to public safety.

A positive test for controlled substances and/or alcohol as set forth in subsection R of this section.

K. Appeal. If an applicant for an operating license is aggrieved by any decision of the city manager regarding the issuance, denial or revocation of a license, the applicant may appeal the decision by submitting a notice of appeal in accordance with the Uniform Appeal Procedure set forth in Chapter 2.44 of Title 2 of the Lancaster Municipal Code.

L. Amendment of License. An operating license may be amended to reflect a change in business name and/or mailing address upon filing a statement of such fact and payment of a fee to the finance director. The fee shall be established by resolution of the city council. The unexpired operating license previously issued shall be returned to the finance director prior to the issuance of the amended license. An operating license may not be amended to reflect a change in the person(s) conducting the towing operation; a new license must be obtained as provided herein.

M. Transfer of Licenses. Operating licenses issued pursuant to this chapter are not transferable.

N. Duplicate License. A duplicate operating license may be issued by the city manager to replace any operating license previously issued which has been lost or destroyed, upon filing a statement that the license has been lost or destroyed and paying a fee to the finance director. The fee shall be established by resolution of the city council.

O. Revocation of License. The city manager may revoke any operating license issued under this chapter for any of the following reasons:

The city manager determines that the licensee has obtained the license by misrepresentation or has failed to comply with the provisions of this chapter.
The city manager receives a negative recommendation from the Los Angeles County Sheriff's Department, or any other jurisdiction or entity as designated by the city manager, regarding any of the individuals listed under subsection (B)(1)(a), (e) and (m) of this section based upon data that reveals any of the following:

b. Conviction or guilty plea to two or more crimes against property during the preceding seven years. Crimes against property shall include, but shall not be limited to, burglary, grand theft, forgery and fraud; or

c. Conviction or guilty plea to two or more drug-related crimes during the preceding seven years. Drug-related crimes shall include, but shall not be limited to, possession, sale or possession for sale of any Schedule I or Schedule II narcotic; or

d. Conviction or guilty plea to one or more crimes chargeable as a felony in the preceding twenty-four (24) months; or

e. Conviction or guilty plea to such other crimes as the city manager deems a threat to public safety.

The licensee or any individual listed under subsection (B)(1)(a), (e) or (m) of this section tests positive for controlled substances and/or alcohol as set forth in subsection R of this section.
The licensee continues to employ or to maintain an independent contracting relationship with a towing unit driver for more than twenty-four (24) hours following the licensee's actual knowledge of any of the following regarding such towing unit driver:

d. Conviction or guilty plea to one or more crimes chargeable as a felony in the preceding twenty-four (24) months; or

e. A positive test for controlled substances and/or alcohol as set forth in subsection R of this section; or

f. Conviction or guilty plea to such other crimes as the city manager deems a threat to public safety.

The licensee permits an individual not licensed pursuant to this chapter to operate a towing unit.
The city manager receives notice from the licensee's insurance carrier, listed pursuant to subsection C of this section, stating that the licensee's insurance has been canceled, revoked, voided or otherwise rendered invalid.
The city manager is advised that the licensee has been convicted of or pleaded guilty to operating in violation of any federal, state or local law.

P. Cancellation of License Due to Discontinuance of Service. If the operator who is issued the operating license discontinues towing operations for a period of forty-five (45) days, the license shall be canceled automatically, and shall be reissued only upon application in accordance with this chapter.

Q. Regulatory Measure. The fee established pursuant to this chapter is for processing the applications required by this chapter. Persons required to pay an operating license fee for conducting towing operations under this chapter shall not be relieved from the payment of fees under other provisions of the Lancaster Municipal Code, including but not limited to a business license fee, and shall remain subject to the regulatory provisions of all other city ordinances.

R. Controlled Substance and Alcohol Testing Certification Program. All towing operators as well as towing unit drivers, prior to submitting an application to the city, shall undergo testing for controlled substances and alcohol. The procedures for such testing and the controlled substances to be tested for shall be as referenced and required in Section 53075.5 of the California Government Code.

The test results shall be reported directly to the city manager.
All test results are confidential and shall not be released without the consent of the taxicab operator, except as authorized or required by law.
Upon the request of a towing operator applying for a towing operator's license, the city shall provide the towing operator with a list of consortia certified pursuant to Part 382 of Title 49 of the Code of Federal Regulations that offer testing in or near the city.
No evidence derived from a positive test result pursuant to this program shall be admissible in a criminal prosecution concerning unlawful possession, sale or distribution of controlled substances.

S. Compliance With Other Laws. The payment of an operating license fee and the issuance of an operating license shall not entitle the licensee to conduct towing operations unless the licensee has complied with all requirements of this chapter and any other applicable federal, state or local regulations.

T. Indemnification. As a condition of the operating license, the operator agrees to indemnify, defend and hold harmless the city, its agents, officers and employees from and against any and all liability or expenses arising from or connected with the operator's activities or any services performed by or on behalf of the operator by any person pursuant to this license. Such liability or expenses shall include defense costs and legal fees and claims for any damages of any nature, including but not limited to bodily injury, death, personal injury or property damage.

(Ord. 860 Att. B (part), 2006: Ord. 763 § 1 (part), 1999)

Exceptions & meaning →

5.32.040 - Operating permit.¶

A. Issuance of Operating Permit. Upon the issuance of an operating license, the city manager shall also issue to the operator a permit for each towing unit which the operator is authorized to operate under the operating license.

B. Contents of Operating Permit. Each permit shall contain the following information:

The name and address of the operator;
The license plate number of the towing unit for which the operating permit is being issued;
The vehicle identification number of the towing unit for which the operating permit is being issued;
The expiration date of the operating permit, which shall be the same as the expiration date of the licensee's operating license.

C. Display of Permit. Each permit shall be displayed prominently on the driver's side rear window of the towing unit for which it is issued.

D. Transfer of Permit. Permits issued pursuant to this chapter shall not be transferable.

E. Duplicate Permit. A duplicate permit may be issued by the city manager to replace any permit previously issued which has been lost or destroyed, upon filing a statement that the permit has been lost or destroyed and paying a fee to the finance director. The fee shall be established by resolution of the city council.

F. Revocation of Permit. The city manager may revoke any permit issued under this chapter for any of the following reasons:

The city manager determines that the permit holder has obtained the license by misrepresentation or has failed to comply with the provisions of this chapter.
The city manager receives a negative recommendation from the Los Angeles County Sheriff's Department, or any other jurisdiction or entity as designated by the city manager, regarding any of the individuals listed under Section 5.32.030(B)(1)(a), (e) and/or (m) based upon data that reveals any of the following:

d. Conviction or guilty plea to one or more crimes chargeable as a felony in the preceding twenty-four (24) months;

e. Conviction or guilty plea to such other crimes as the city manager deems a threat to public safety.

The permit holder or any individual listed under Section 5.32.030(B)(1)(a), (e) and/or (m) tests positive for controlled substances and/or alcohol as set forth in Section 5.32.030(R) of this chapter.
The permit holder continues to employ or to maintain an independent contracting relationship with a towing unit operator for more than twenty-four (24) hours following the permit holder's actual knowledge of any of the following regarding such taxicab driver:

d. Conviction or guilty plea to one or more crimes chargeable as a felony in the preceding twenty-four (24) months; or

e. A positive test for controlled substances and/or alcohol as set forth in Section 5.32.030(R) of this chapter; or

f. Conviction or guilty plea to such other crimes as the city manager deems a threat to public safety.

The permit holder permits an individual not licensed pursuant to this chapter to operate a towing unit.
The city manager receives notice from the permit holder's insurance carrier, listed pursuant to Section 5.32.030(C) of this chapter, stating that the permit holder's insurance has been canceled, revoked, voided or otherwise rendered invalid.
The city manager is advised that the permit holder is operating in violation of any federal, state or local law.

(Ord. 860 Att. B (part), 2006: Ord. 777 § 1 (part), 2000: Ord. 763 § 1 (part), 1999)

Exceptions & meaning →

5.32.050 - Operating requirements.¶

A. Business Location. Any person conducting a towing operation business shall maintain a physical location from which the business is conducted. Such physical location shall provide an office with an adjacent yard for vehicle storage. Such location shall conform with all zoning ordinances for city and shall be approved by the department of community development prior to issuance of the operating permit.

B. Towing Authorization. A towing unit driver shall not attach a vehicle to a towing unit without first receiving written authorization to do so by the registered owner, legal owner, driver, law enforcement personnel or other person in control of such vehicle. The authorization shall list the services offered and the rates and charges for that service. A copy of the authorization shall be furnished to the person authorizing the towing service. The copy shall state the name, address and telephone number of the operator and the days and hours the business is open for release of vehicles. The copy shall also be signed by the towing unit driver performing the authorized service.

C. Itemized Statement. A towing unit driver shall furnish an itemized statement to the person authorizing the towing service, or their agent. This statement shall set forth the precise nature of services performed and labor and special equipment used in towing the vehicle and any charges incurred for those services. This statement shall be furnished to any person authorized to receive it without a demand for payment as a condition precedent.

D. Vehicle Repair or Alteration. An operator or towing unit driver shall refrain from making any repairs or alterations to a vehicle without the prior authorization of one of the persons listed in Section 5.32.020(F)(2)(a) — (F)(2)(d). Parts or accessories shall not be removed from vehicles without authorization except as necessary for security purposes. Under such circumstances, the parts or accessories removed shall be listed on the itemized statement described in subsection C of this section and stored in the business office. This subsection D shall not be construed to prohibit towing unit drivers from making emergency alterations necessary to allow a vehicle to be towed.

E. Release of Vehicle. Operators shall provide for release of vehicles Monday through Friday from nine a.m. to four p.m., excluding officially recognized holidays. Operators may also release vehicles on other days and hours.

F. Rates and Charges.

Operators shall maintain a sign listing the rates and charges of all services offered. Such sign shall be conspicuously located in the office or other place where customer financial transactions take place. The lettering on such sign shall be a minimum of one inch high with one-quarter inch wide stroke. The letters shall consist of a color that contrasts with the background.
No charge other than the rates and charges filed by the operator with the application for operating license shall be made except as otherwise provided herein.
Changes in rates and charges shall be made by written notice to the city manager containing the new schedule of rates and charges at least ten (10) days prior to effectiveness. A duplicate copy of such notice shall be posted for a period of ten (10) days prior to effectiveness next to the posted schedule of existing rates and charges.

G. Identification of Towing Unit Driver. A towing unit driver shall wear the insignia of the operator which employs him attached to a conspicuous place on his or her clothing.

H. Prohibited Behavior. An operator and his or her agents and employees are prohibited from the following acts under this chapter:

Obtaining a towing contract by use of fraud, trickery, dishonesty or forgery;
Stopping on any street, highway or other public thoroughfare to render assistance to a person or disabled vehicle without being first requested to do so;
Towing a vehicle to a location other than the location listed as the business address of the operator without first receiving authorization by the person authorizing the towing service;
After towing a vehicle to the operator's business address, subsequently towing such vehicle to another location for storage without prior authorization by the person authorizing the towing service;
Conspiring with any person to defraud any owner of any vehicle, any insurance company or any person financially interested in the cost of the towing service or storage of such vehicle, by making false or deceptive statements relating to the towing or storage of such vehicle;
Removing a vehicle involved in an accident from the accident scene prior to arrival by police officers or sheriff's deputies, where a person suffered injury or death as a result of the accident; or
Charging for services not performed or equipment not used or otherwise materially misstating the nature of any service performed or equipment used.

(Ord. 860 Att. B (part), 2006: Ord. 763 § 1 (part), 1999)

Exceptions & meaning →

5.32.060 - Towing unit driver's license requirement.¶

A. Unlawful to Drive a Towing Unit Without a License. It is unlawful for any person to drive a towing unit in the city without first obtaining a towing unit driver's license authorizing such operation pursuant to the provisions of this chapter. Any such unlawful operation shall constitute a misdemeanor.

B. Application for Towing Unit Driver's License. It shall be the sole responsibility of every person required to obtain a towing unit driver's license to apply on a form provided by the city manager. Any person who makes a false statement on the application shall be guilty of a misdemeanor.

Contents of Application. Applications for a towing unit driver's license shall contain the following information, as applicable:

a. The name, residence address, social security number and telephone number of the applicant;

b. The address and telephone number of the applicant's current place of employment;

c. The age of the applicant;

d. The two previous residence addresses of the applicant;

e. A statement of the applicant's employment for the three years immediately preceding the application, including the name, address and telephone number of each separate employer during that period;

f. The applicant's height, weight, eye color and hair color;

g. Two copies of a recent passport-size photograph;

h. The number and expiration date of the applicant's California driver's license and a legible copy of such driver's license;

i. A written statement under penalty of perjury as to whether the applicant has ever been convicted of any misdemeanor, felony or any violation of federal, state or municipal law, a description of any offenses or violation(s) committed, and the punishment or penalties assessed; and

j. One of the following:

i. A receipt from the Los Angeles County Sheriff's Department evidencing that the applicant has (i) submitted fingerprint cards on Form FD258 or such other fingerprint card as is accepted by the Department of Justice and the Federal Bureau of Investigation; and (ii) paid any and all fees required to conduct a background check on the applicant, or

ii. A receipt evidencing that the applicant has (i) obtained electronic fingerprint scans, also known as Livescan, to the extent such technology is available, for the applicant; and (ii) paid any and all fees required to conduct a background check on the applicant, or

iii. A letter authorizing the city to utilize data retrieved pursuant to a background check completed within forty-five (45) days of the applicant's submission of the application to the city. Such authorization letter shall state the name and include the signature of the applicant and shall state the name of the jurisdiction or entity that conducted the previous background check. Data retrieved pursuant to a background check conducted by the Los Angeles County Sheriff's Department shall be presumed valid. Data retrieved pursuant to a background check conducted by any other jurisdiction or entity shall be accepted upon approval by the city manager;

k. One of the following:

i. A receipt evidencing that the applicant has tested negative for each of the controlled substances identified in Part 40 (commencing with Section 40.1) of Title 4901 of the Code of Federal Regulations pursuant to a controlled substances test administered pursuant to the requirements of such regulations; or

ii. A letter authorizing the city to use data retrieved pursuant to a controlled substances test completed within forty-five (45) days of the applicant's submission of the application to the city. Such authorization letter shall include the name and the signature of the applicant and shall state the name of the jurisdiction or entity that conducted the previous controlled substances test. Data retrieved pursuant to a controlled substances test conducted by the Los Angeles County Sheriff's Department shall be presumed valid. Data retrieved pursuant to a controlled substances test conducted by any other jurisdiction or entity shall be accepted upon approval by the city manager.

l. Such additional information as the city manager deems necessary.

C. Term of Towing Unit Driver's License. Towing unit driver's licenses shall be valid for a term of twelve (12) months commencing on the first day of the month when the license application and fee are received by the city manager.

D. License Fee. Each applicant shall pay an annual towing unit driver's license fee when application is made for the license. The city's issuance of a receipt to the applicant for payment of the fee shall not constitute the receipt of a towing unit driver's license. The fee shall be nonrefundable. The amount of the license fee shall cover the costs of processing the application and shall be established by resolution of the city council.

Error in Calculating Fee. In no case shall any error in calculating or in stating the amount of a towing unit driver's license fee prevent the collection of the correct amount due from any person driving or intending to drive a towing unit in the city.
License Fee a Debt. The amount of any towing unit driver's license fee or penalty imposed by this chapter shall constitute a debt to the city.
Refunds. Upon approval of the city manager, the finance director may refund any license fee or penalty erroneously collected. However, no license fee shall be refunded if the applicant engaged in driving a towing unit in the city prior to application for the license.

E. Due Date for License Fee. The license fee for a towing unit driver's license is due when the application is submitted to the city manager. The fee for renewal of all towing unit driver's licenses is due the first day of the month following the expiration date stated on the license.

F. Penalties.

Failure to Pay Fee. In the event of failure to pay a towing unit driver's license fee when due, the finance director shall add a penalty of twenty (20) percent of the license fee on the first day of the month following the due date, and ten (10) percent each month thereafter while the fee remains unpaid. In no event shall the amount of the penalty exceed fifty (50) percent of the amount of the license fee due.
Failure to Obtain Towing Unit Driver's License. If a person fails to obtain a towing unit driver's license, the license fee due shall be the amount due and payable from the first date when the person engaged in towing unit operation in the city, together with the penalty described in subsection (F)(1) of this section.

G. Issuance of Towing Unit Driver's License. Upon the approval of an application for a towing unit driver's license and payment of the required fee, the city manager shall issue a towing unit driver's license to the applicant.

H. Contents of License. Each towing unit driver's license issued shall contain:

The name and business address of the person to whom the license is issued;
The name of the current employer of the person to whom the license is issued;
The expiration date of the towing unit driver's license;
A photograph of the person to whom the towing unit driver's license is issued;
Such other information as deemed necessary and established by the city manager.

I. Investigation of Applicant. The city manager may require a criminal background investigation of any applicant by the Los Angeles County Sheriff's Department as part of determining whether or not to issue a towing unit driver's license to the applicant.

J. Grounds for Denial of Towing Unit Driver's License. The city manager may deny a towing unit driver's license if:

The applicant is under the age of eighteen (18) years or is not competent to operate a towing unit safely on the city streets;
The applicant does not possess a heavy equipment operator's class A license issued by the California Department of Motor Vehicles;
The applicant has been convicted of reckless driving or driving under the influence of alcohol or narcotics. If the applicant has a single conviction for reckless driving or driving under the influence, which conviction predates the application by more than ten (10) years, the applicant may seek special review of the applicant's application. The city manager may approve such an application upon a showing of rehabilitation and non-recidivism. The city manager shall not approve any application in which the applicant has been convicted more than once for reckless driving and/or driving under the influence and/or in which the conviction is dated within ten (10) years of the submission of the application.
The applicant has been convicted of or pleaded guilty to more than one moving violation under the California Vehicle Code within the preceding twelve (12) months;
Any of the following:

a. The applicant has been convicted of or pleaded guilty to one or more crimes against persons. Crimes against persons shall include, but shall not be limited to, murder, manslaughter, robbery, rape or other sexual crimes, extortion, assault, or battery; or

b. The applicant has been convicted of or pleaded guilty to two or more crimes against property during the preceding seven years. Crimes against property shall include, but shall not be limited to, burglary, grand theft, forgery and fraud; or

c. The applicant has been convicted of or pleaded guilty to two or more drug-related crimes during the preceding seven years. Drug-related crimes shall include, but shall not be limited to, possession, sale or possession for sale of any Schedule I or Schedule II narcotic; or

d. Conviction or guilty plea to one or more crimes chargeable as a felony in the preceding twenty-four (24) months; or

e. The applicant has been convicted of or pleaded guilty to such other crimes as the city manager deems a threat to public safety.

The applicant tests positive for controlled substances and/or alcohol as set forth in Section 5.32.030(R) of this chapter.

K. Appeal. If an applicant for a towing unit driver's license is aggrieved by any decision of the city manager regarding the issuance, denial or revocation of a license, the applicant may appeal the decision by submitting a notice of appeal in accordance with the Uniform Appeal Procedure set forth in Chapter 2.44 of Title 2 of the Lancaster Municipal Code.

L. Transfer of Licenses. Towing unit driver's licenses issued pursuant to this chapter are not transferable.

M. Duplicate License. A duplicate towing unit driver's license may be issued by the city manager to replace any towing unit driver's license previously issued which has been lost or destroyed, upon filing a statement that the license has been lost or destroyed and paying a fee to the finance director. The fee shall be established by resolution of the city council.

N. Revocation of License. The city manager may revoke any towing unit driver's license issued under this chapter, for any of the following reasons:

The city manager determines that the licensee has obtained the license by misrepresentation or has failed to comply with the provisions of this chapter.
The city manager receives a negative recommendation from the Los Angeles County Sheriff's Department, or any other jurisdiction or entity as designated by the city manager, regarding the licensee based upon data that reveals any of the following:

d. Conviction or guilty plea to one or more crimes chargeable as a felony in the preceding twenty-four (24) months; or

e. Conviction or guilty plea to such other crimes as the city manager deems a threat to public safety.

The applicant tests positive for controlled substances and/or alcohol as set forth in Section 5.32.030(R) of this chapter.

O. Termination of Employment. A towing unit driver's license shall be rendered void upon termination of the driver's employment.

The towing unit operator which employed the terminated towing unit driver shall notify the city within three working days of such termination.
Upon termination of employment, the towing unit driver shall return the towing unit driver's license to the city.

P. Regulatory Measure. The fee established pursuant to this chapter is for processing the applications required by this chapter. Persons required to pay a towing unit driver's license fee shall not be relieved from the payment of such fee under other provisions of the Lancaster Municipal Code and shall remain subject to the regulatory provisions of all other ordinances.

Q. Compliance With Other Laws. The payment of a towing unit driver's license fee and the issuance of a towing unit driver's license shall not entitle the licensee to operate towing units unless the licensee has complied with all requirements of this chapter and any other applicable federal, state or local regulations.

(Ord. 860 Att. B (part), 2006: Ord. 763 § I (part), 1999)

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