Los Gatos Municipal Code Div. 1 Generally

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:

Tow business is the activity of towing motor vehicles or storing motor vehicles that have been towed to the place of storage, or both, for pay. A single transaction can constitute the conduct of a tow business.

Tow business permit is a permit issued under the provisions of this article to conduct a tow business.

Tow driver is a person who drives a tow truck, either when towing a motor vehicle or in any phase of responding to call to tow a motor vehicle.

Tow driver's permit is a permit issued under the provisions of this article to drive a tow truck.

Tow operator is a person who conducts a tow business.

Tow truck is a motor vehicle designed or adapted for the primary purpose of towing a motor vehicle by use of means such as a crane, hoist, tow bar, tow lines, dolly or trailer.

(Code 1968, §§ 30.010—30.040)

Cross reference— Definitions and rules of construction generally, § 1.10.015.

Each tow operator shall have adequate space to park a minimum of twenty (20) automobiles in a secure area, and shall take all reasonable precautions to safeguard vehicles and other property in the operator's care. The minimum standard for security is a six-foot fence or wall, so constructed as to be difficult to climb and to screen the storage area from view, or the substantial equivalent, with locked gates providing security equal to that of the fence or wall, and with the interior lighted at night. Whenever circumstances such as the isolation of the storage area indicate the need, and whenever vehicles stored in a previously approved storage area have been subjected to a high incidence of theft or vandalism, the Chief of Police may impose additional security requirements.

(Code 1968, § 30.150)

At the same location as the storage area, each tow business shall have a readily identifiable office for the conduct of business with the public. The tow operator shall provide twenty-four-hour telephone answering service every day, and during the hours from 7:00 a.m. to 7:00 p.m. every day shall have a person present at the storage area to release towed vehicles immediately on proper request and offer of payment. During all other hours the tow operator shall release vehicles within one (1) hour of a telephoned request to do so, and the premises shall be posted with a sign clearly indicating the manner of obtaining after-hours releases, the telephone number to call and the obligation of the tow operator to comply with proper requests, when payment is made, within one (1) hour, citing this article.

(Code 1968, § 30.160)

Tow service shall be provided promptly, taking into account the commitment of equipment to prior tows, on a twenty-four-hour basis every day. At any time when a tow truck is answering a call for service or towing a vehicle, the tow operator shall have a radio dispatcher on standby to communicate with the driver of the tow truck.

(Code 1968, § 30.170)

The Chief of Police shall maintain a list of tow operators to call to move and store motor vehicles in accident, arrest, disabled vehicle and similar cases, and shall establish reasonable rules for the creation and use of the list, the addition to and removal of names from the list, and the qualifications and supervision of the tow operators on the list. Such rules shall include, but are not limited to requirements that:

(1) Each tow operator shall provide, within a building, space for storing towed automobiles so that the storage area can be secured so that no person (including employees of the tow business) can gain access except Town Police Officers.

(2) Tow trucks shall be operated from a location that allows prompt emergency response throughout the Town.

(3) The storage area shall be at a location that is convenient for the inhabitants of the Town.

(4) The tow operator's liability insurance policy shall contain a provision insuring the Town, its officers and employees, against liability arising out of any occurrence caused by the act or omission of the operator or the operator's agents in the inception or conduct of a police rotation tow, or storage of a vehicle or other property subsequent thereto, with a certificate of such insurance containing a notice of cancellation clause to be provided to the Town.

(Code 1968, § 30.180)

Frequently, rotation tows result from emergencies, and occur in situations where motor vehicle operators do not exercise choice concerning the identity of the tow operator summoned to render aid. For this reason, the Chief of Police, in establishing regulations for administration of the rotation list need not follow the procedures prescribed in sections 28.30.190 and 28.30.195, and may prescribe in other areas, such as equipment and response, standards more rigid than those of this article.

(Code 1968, § 30.220)

Before issuance of any tow operator's permit, and throughout the effective period of such permit, the applicant or permittee shall keep in effect policies of public liability, fire, casualty and theft insurance, insuring the operator's liability and the interests of those who entrust property to the operator. The policies' limits shall be at least three hundred thousand dollars ($300,000.00) each person and five hundred thousand dollars ($500,000.00) each occurrence for personal injury, and fifty thousand dollars ($50,000.00) each occurrence for other losses.

(Code 1968, § 30.230)

The Town Council may, by resolution, establish maximum rates for all services to be charged by tow operators, either those whose places of business are in the Town or for all services rendered in the course of tow business performed in the Town by tow operators whose place of business is outside the Town, and for towing and storage outside the Town when the tow involved commenced in the Town.

(Code 1968, § 30.240)

Tow business rates shall be established only after a public hearing. Notice of the hearing shall be given in the manner provided in Government Code section 6063, and by notices mailed to each holder of a tow business permit at least thirty (30) days before the hearing. Rates established by the Town Council shall provide a reasonable return to tow business operators, and shall become effective ten (10) days after adoption of the resolution. A copy of any rate schedule so adopted must be conspicuously posted in the office of any tow operator who does towing business in the Town and in the cab of each tow truck operated in the Town by the tow operator, available for examination by every customer on request.

(Code 1968, § 30.250)

No holder of a tow business permit shall operate a tow truck in the Town unless the truck has been inspected and approved by the Chief of Police and is:

(1) At least three-quarters ton in size, equipped with booster brakes;

(2) Equipped with a power winch and line with a factory-rated or tow-tested capacity (single line) of at least five thousand (5,000) pounds;

(3) Carries a two-way radio, tow bars, safety chains, fire extinguisher, wrecking bars, brooms and an axe; and

(4) Equipped in all respects as required by State law, including Vehicle Code sections 25253 through 25255, 25302 (lighting), 27700 (equipment in general), and 27907 (signs).

(Code 1968, § 30.260)

The Chief of Police may adopt rules and regulations to supplement this article, and all tow operators and drivers shall abide by such rules.

(Code 1968, § 30.270)

The premises, equipment and records of every tow business in the Town, and every tow business whose operator holds a tow business permit shall be subject to inspection by the Chief of Police.

(Code 1968, § 30.280)

Every tow operator who holds a tow business permit shall keep a log of every call for service, including the time of the call, the identity of the recipient of the call and the tow driver, the time of response, the identification of the caller and the vehicle, the service rendered and the time of storage, and shall keep additional records of all storage and other service rendered, and of all fees charged.

(Code 1968, § 30.290)

All storage charges shall be based on a twenty-four-hour day commencing at the time of hookup, but no storage charge shall be made if proper request for release of a vehicle and tender of payment is made within two (2) hours of the time of hookup.

(Code 1968, § 30.300)

Any person who wishes to tow any motor vehicle from any place in the Town or to any place in the Town, either under the provisions of Vehicle Code section 22658 or acting for a repossessor of the vehicle shall not do so unless such person has a written contract to do so with:

(1) The owner or person in lawful possession of the real property from which the vehicle is to be removed (in the case of Vehicle Code section 22658 tows), containing an exact description of the premises involved; or

(2) With the repossessor (in the case of repossession tows), and identifying the parties to the contract and stating their addresses.

(Code 1968, § 30.320)

The Chief of Police may delegate to a member of the Police Department any authority granted to the Chief of Police in this article.

(Code 1968, § 30.330)

This article does not apply to governmental agencies nor their officers and agents, acting as such.

(Code 1968, § 30.340)

Compliance with this article is not a substitute for compliance with all other Town ordinances, including those pertaining to zoning and business licenses.

(Code 1968, § 30.350)