Chapter 5.82 — TOW OPERATIONS

The following words and phrases, as used in this Chapter, shall be construed to have the meanings respectively ascribed to them in this Section, unless the context requires a different meaning.

A.

"Official Police tow" means a tow operation under contract to the City to respond to Police initiated requests for tow service.

B.

"Tow operation" means any business which provides towing service for motor vehicles either on public highways or private property.

C.

"Tow unit" means any motor vehicle, equipped to transport, carry or tow not more than two (2) motor vehicles, or used exclusively to render aid to other motor vehicles.

D.

"Tow truck driver" means the driver of a tow unit, who is employed by a permitted tow operation business.

(Ord. C-7423 § 29, 1996: Ord. C-6260 § 1 (part), 1986)

A.

No person shall operate, or cause to be operated, nor shall any person employ, permit or allow another to operate or cause to be operated, a tow operation without a permit first having been approved by the Chief of Police.

B.

A valid towing operation permit does not authorize the permittee to perform work for which a tow truck driver permit is required.

(Ord. C-7423 § 29, 1996: Ord. C-6260 § 1 (part), 1986)

Every applicant for a permit required by this Chapter shall file with the Director of Financial Management a written application containing the name of the person, firm or corporation making the application, and if the operation is to be conducted under a fictitious name, the application shall contain, in addition to the fictitious name, the name or names of each and all persons having an interest in the operation. The

application shall specify the location by street and number of the premises in or upon which the operation is to be conducted. The application shall contain a statement that applicant has complied with all State laws and regulations affecting the operation and shall be made on forms to be furnished by the Director of Financial Management.

(Ord. C-7423 § 29, 1996: Ord. C-6260 § 1 (part), 1986)

A.

Any permit issued pursuant to this Chapter 5.82 shall not be transferred or assigned to another person for any purpose. Any change in ownership shall require a new permit. Regardless of any change in ownership, the permittee shall be required to notify the Director of Financial Management of any change in the business name.

The following shall be deemed a change of ownership:

For general partnership personnel, the addition or substitution of a new partner;

For a limited partnership, the addition or substitution of a new partner or the addition or substitution of a general partner not listed as a partner in the application for the permit previously approved;

For a corporation, more than fifty percent (50%) of the shares of stock is transferred to or acquired by persons other than those designated in the application for the permit previously approved.

(Ord. C-7423 § 29, 1996)

Prior to renewal of a tow operation permit, the permittee shall biennially:

A.

Submit to a background investigation;

B.

Have all vehicles pass inspection as required by Section 5.82.060;

C.

Provide evidence that permittee has maintained insurance, without lapse in coverage, as required by this Chapter; and

D.

Submit a list of all employees currently employed as tow truck drivers.

(Ord. C-7423 § 29, 1996)

At the time of issuance of a permit under Section 5.82.020, the Director of Financial Management shall also issue one (1) identification decal for each approved tow unit proposed to be operated within the City under the permit. Approval shall be contingent upon the satisfactory compliance with the insurance and vehicle inspection requirements of this Chapter. The decal shall be maintained in the front right window of each approved vehicle.

(Ord. C-7423 § 29, 1996: Ord. C-6260 § 1 (part), 1986)

A.

The Director of Financial Management may suspend, revoke, or deny an application for a permit to conduct towing operations on the following grounds:

The applicant has been convicted within the last seven (7) years of a felony or a crime involving fraud, theft, auto theft, car tampering, any similar crime, or any violation of State narcotic law;

The applicant has been convicted within the last five (5) years of driving while under the influence of intoxicants or narcotics or reckless driving;

The applicant has a driving record which shows a negligent operator point count as specified in Sections 12810 and 12810.5 of the California Vehicle Code. For the purposes of this paragraph, a plea or verdict of guilty, a finding of guilty by a court, a plea of nolo contendere, or a forfeiture of bail shall be deemed a conviction;

The applicant has had more than three (3) chargeable vehicle accidents within the last three (3) years or more than one (1) such accident within the last year;

The premises are not properly zoned for tow operations;

The applicant or any other person has violated any provision of this Code, State or Federal law arising out of and in connection with the practice and/or operations of the business for which the permit has been granted;

The applicant or any other person under his/her control or supervision has maintained a nuisance which was caused by any act performed in the exercise of any rights granted by the permit required under the provisions of this Code;

The applicant, his/her employee, agent or any person connected or associated with the licensee or permittee as partner, director, officer, stockholder or manager has knowingly made any false, misleading, or fraudulent statement of material fact in the application for the permit required under the provisions of this Code;

The applicant has failed to comply with any condition which may have been imposed as a condition for the issuance of the permit required under the provisions of this Code;

The applicant has failed to pay the permit fees that are provided for under the provisions of this Code when due;

The applicant has failed to maintain insurance as required by law to protect against loss or damage to the public;

Failure to maintain vehicles utilized in connection with the towing operation in a safe condition and in compliance with the California Vehicle Code.

B.

Notwithstanding the provisions of this Section, in formulating a recommendation for approval or denial of a permit, the Chief of Police may, using his/her sound discretion, take into account any mitigating circumstances concerning any of the criminal convictions, moving violations and accidents enumerated therein, in deciding whether the applicant for a tow operations permit is a competent person to operate a tow operation under the provisions of this Code. In utilizing his/her discretion, the Chief of Police shall take into account the following factors:

The severity of the crime in question;

The extent of the applicant's prior criminal history; and

The nature of and circumstances surrounding the crime in relation to the type of permit sought by the applicant.

(Ord. C-7423 § 29, 1996: Ord. C-6260 § 1 (part), 1986)

Whenever a permit has been revoked or an application for a permit has been denied, no other application for a permit shall be considered for a period of one (1) year from the date of such revocation or denial.

This applies to any person whose permit was revoked or whose application was denied who later becomes a director or officer of a corporation, profit or nonprofit, or a member of a partnership or a person owning or possessing any portion of the shares of a corporation which seeks to obtain a new permit. This shall also apply to a corporation, profit or nonprofit, whose permit was revoked or application denied, to any of its directors or officers or to any person who owned any portion of its shares, who attempts by way of a new corporation or by the use of their individual names or by becoming a member of a partnership or a director or officer or a person owning or possessing any portion of the shares in another corporation to obtain a new permit. Whenever any permit is suspended, the provisions of this Section shall apply to the permittee during the period of suspension.

(Ord. C-7423 § 29, 1996)

Every person to whom a permit is issued pursuant to Section 5.82.020 shall, annually on or before the expiration date of said permit, be subject to inspection, in accordance with the requirements of law, to all aspects of the tow operation so permitted, including, but not limited to, those grounds for permit denial set forth in Section 5.82.050. The inspections may include inspection of all tow units operated under the permit, which inspections shall be conducted in accordance with rules and regulations as set forth in this Chapter.

(Ord. C-7423 § 29, 1996: Ord. C-6260 § 1 (part), 1986)

A.

No person shall operate or drive a tow unit without a permit from the Chief of Police.

B.

No person shall be employed as a tow unit operator until such time as said person has received a written permit in the form of an identification card from the Chief of Police to act as a tow truck driver.

C.

Every person directly engaged in the operation of a tow unit shall display to any Police Officer, upon request, an identification card issued by the Chief of Police identifying the bearer as a permitted tow truck driver. The identification card shall bear the name, physical description, business address and photograph of the permittee and the name and address of the garage employing the permittee.

D.

The permittee shall return the identification card to the Chief of Police immediately upon suspension, revocation or termination of employment or permit expiration.

(Ord. C-7423 § 29, 1996: Ord. C-6260 § 1 (part), 1986)

A.

The Chief of Police may revoke, suspend, or deny an application for a permit as a tow truck driver on the following grounds:

The applicant has been convicted within the last seven (7) years of a felony or a crime involving fraud, theft, auto theft, car tampering, any similar crime, or any violation of any State narcotic law;

The applicant has been convicted within the last five (5) years of driving while under the influence of intoxicants or narcotics or reckless driving; or

The applicant has a driving record which shows a negligent operator point count as specified in Sections 12810 and 12810.5 of the California Vehicle Code. For the purposes of this paragraph, a plea or verdict of guilty, a finding of guilty by a court, a plea of nolo contendere, or a forfeiture of bail is deemed a conviction; or

The applicant has had more than three (3) chargeable vehicle accidents within the last three (3) years or more than one (1) such accident within the last year; or

The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for the permit required under the provisions of this Chapter; or

The applicant has violated any provision of this Code, State or Federal law arising out of or in connection with the practice and/or operation of the business for which the permit is sought, has had his/her California driver's license revoked or suspended for driving-related offenses in the prior eighteen (18) month period; or has been convicted of or pled guilty to three (3) or more moving offenses under the California Vehicle Code in the prior twelve (12) months;

The applicant has failed to comply with any condition which may have been imposed as a condition for the issuance of a permit under the provisions of this Code;

The applicant has failed to pay any fees that are provided for under the provisions of this Code when due.

B.

Notwithstanding the provisions of this Section and Section 5.10.310, the Chief of Police may, using his/her sound discretion, take into account any mitigating circumstances concerning any of the criminal convictions, moving violations and accidents enumerated therein, in deciding whether the applicant for a tow truck driver's permit is a competent person to operate a tow truck under the provisions of this Code, and in issuing, revoking or suspending the tow truck driver's permit. In utilizing his/her discretion, the Chief of Police shall take into account the following factors:

The severity of the crime in question;

The extent of the applicant's prior criminal record;

The nature of and circumstances surrounding the crime in relation to the type of permit sought by the applicant.

(Ord. C-7423 § 29, 1996: Ord. C-6260 § 1 (part), 1986)

Every person permitted under Chapter 5.82 shall comply with the following rules and regulations:

A.

Every tow operation shall display at the business location the permittee's business name, address, and phone number. The lettering shall be a minimum of two inches (2") in width and six inches (6") in height. It shall be clearly visible and legible from the street at all times and shall be illuminated at all times after dark.

B.

Every permittee, employee or agent shall maintain all towed and impounded vehicles in his/her care and custody and all commercial vehicles used in connection with his/her business, within the confines of his/her storage facility and not upon the public streets, sidewalks, or other public property.

C.

Every permittee, employee or agent who removes a vehicle from private property without the knowledge or consent of the vehicle owner shall cause a written inventory to be made describing the condition of the vehicle. Any damage to the vehicle shall be described in this inventory. In the event the permittee, employee or agent opened the vehicle, the inventory shall also include a complete listing of all property contained therein. A copy of this inventory shall be made available to the vehicle owner.

D.

A permittee, employee or agent may enter a locked vehicle in order to remove it from legally posted private property; however, he/she shall be liable (under provisions of section 22658(d) of the Vehicle Code) for any and all damages caused to the vehicle.

E.

Every permittee, employee or agent who removes a vehicle from private property without the vehicle owner's knowledge or consent shall cause the vehicle to be available for release:

During a minimum period of four (4) hours after impounding or towing the vehicle from private property. If the vehicle is towed or impounded after the normal business hours of the permittee, no additional release charges may be charged by permittee until the minimum period of four (4) hours above mentioned has elapsed; and

At the set fee which shall not exceed the maximum amounts set by resolution of the City Council.

F.

Every permittee, employee or agent impounding a vehicle from private property without the vehicle owner's knowledge or consent shall ascertain whether the vehicle has been previously reported stolen or whether it is wanted by law enforcement for any other reason. If so, the permittee shall notify the Police Department of the vehicle location and such other information as may be required. If the vehicle is impounded, the tow operation will notify the Police Department of the impound and the storage location within sixty (60) minutes after the vehicle has been removed from private property.

G.

Every permittee, employee or agent responsible for impounding a vehicle from legally posted private property shall furnish to the owner of the vehicle, upon request, the name and legal address of the person, company or corporation authorizing the impound in order that the vehicle owner may effectively fulfill his/her legal recourse under section 22658(d) of the California Vehicle Code. The owner of a tow operation

shall maintain for a period of one (1) year, and make available for inspection by the Chief of Police, the following information pertaining to private impounds:

The name and legal address of the person, company or corporation authorizing a private impound;

The date, time and location of a private impound;

Description including license plate number and state of registration and condition of the vehicle impounded.

H.

When the owner of a vehicle arrives at the scene prior to his vehicle being removed and disputes the tow operator's authority to remove the vehicle, it shall be the duty of the tow operator to release the vehicle and promptly leave the location.

I.

No possessory lien shall attach to the vehicle for any fees due to the permittee unless and until the vehicle has been removed from private property and is in transit.

J.

Each permittee shall at all times keep the permit and a copy of these rules and regulations posted in a conspicuous place on the premises. In addition, each tow driver must have a copy of these rules in his/her possession when operating a tow unit to enable him to inform the vehicle owner of the tow operator's legal authority and responsibilities. These rules shall be presented to the vehicle owner in the event of a dispute regarding the removal of the vehicle.

K.

Tow operations, drivers and employees shall conduct their business in an orderly, ethical, and businesslike manner, and use every means to obtain and keep the confidence of the motoring public.

L.

No permittee shall display, either on the premises or on a tow unit operated by the permittee, employees or agents, an official Police tow insignia without written permission from the Chief of Police.

M.

Every tow operation shall maintain insurance as prescribed in regulations issued by the City Manager pursuant to Section 2.84.040.

(Ord. C-7934 § 13, 2004; Ord. C-7461 §§ 7, 8, 1997; Ord. C-7423 § 29, 1996: Ord. C-6325 §§ 24, 25, 26, 1986; Ord. C-6260 § 1 (part), 1986)

All vehicles impounded in the City shall be stored within the City.

(Ord. C-7423 § 29, 1996: Ord. C-6260 § 1 (part), 1986)