Los Gatos Municipal Code Div. 2 Permits

Footnotes:

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Cross reference— Licenses and miscellaneous business regulations, Ch. 14.

No person shall conduct a tow business which has an office, base for operation of any tow truck, or storage premises in the Town, nor shall any person tow a motor vehicle from any place in the Town either under the provisions of Vehicle Code section 22658 or in the capacity of or acting for a repossessor of the vehicle, unless that person has a tow business permit.

(Code 1968, § 30.080)

No person shall act as a tow driver in the Town under circumstances where the person's employer, or the person, as proprietor, is required to have a tow business permit, unless that person has a tow driver's permit.

(Code 1968, § 30.090)

(a) Applications for tow business permits shall be filed with the Chief of Police (the Chief may prescribe a form for the application) and shall contain the following information:

(1) The name and residence and business addresses of the applicant.

(2) The name under which the business is to be conducted.

(3) The number, names and addresses of all employees of the business and the nature of their employment.

(4) The location of all offices, bases for operations of tow trucks and storage facilities of the business, and the proposed hours of availability of the tow truck service.

(5) A description of the storage facility that will be used in the business, including its dimensions, and the number of vehicle spaces and nature of security measures.

(6) A complete description of each tow truck that will be used in the business and the name and address of the registered and legal owner of each.

(7) The business address where the applicant has engaged in or has been employed in any motor vehicle-related business within the previous seven (7) years, and the names and present addresses of all principals in such business or an explanation of why such names and addresses are not known to, and cannot reasonably be ascertained by the applicant.

(8) A statement of all felonies and misdemeanors of which the applicant has been convicted, including dates when and jurisdictions where such convictions occurred.

(9) Any other information reasonably related to performance as operator of a tow business, as the Chief of Police requires.

(b) When the applicant is a partnership, the foregoing information shall be given for each partner. When the applicant is a corporation, the foregoing information shall be given for each officer, director, general manager, and any shareholder who owns or controls twenty-five (25) or more of the corporation's shares of stock. When any of the foregoing information is unknown because business premises or equipment have not been acquired or employees have not been hired, the application shall describe what facilities the applicant proposes to obtain and if the Chief of Police determines that the application should be granted, the Chief of Police shall inform the applicant in writing that the application will be granted when the applicant has actually procured the facilities, and engaged the staff described in the application.

(Code 1968, § 30.100)

Applications for tow drivers' permits shall be filed with the Chief of Police (the Chief may prescribe a form for the application) and shall contain the following information:

(1) The name, residence and business address of the applicant.

(2) The name and address of the tow truck business which employs or proposes to employ the applicant.

(3) The business address where the applicant has engaged in or has been employed in any motor vehicle-related businesses within the previous seven (7) years, and the names and present addresses of all principals in such businesses or an explanation of why such names and addresses are not known to, and cannot reasonably be ascertained by the applicant.

(4) A statement of all felonies and misdemeanors of which the applicant has been convicted, including dates when and jurisdictions where any convictions occurred.

(5) Any other information reasonably related to performance as a driver of a tow truck, as the Chief of Police requires.

(Code 1968, § 30.110)

Upon receiving applications for tow business permits and tow driver's permits, the Chief of Police shall investigate the applicant's background to determine whether the applicant is a person who is competent to conduct a tow business or drive a tow truck in a careful and skilled manner, without undue risk to the public of economic oppression, property damage or loss, or breaches of the peace.

(Code 1968, § 30.120)

(a) The Chief of Police shall grant or deny applications within thirty (30) days of filing. If the Chief of Police denies an application, the Chief of Police shall notify the applicant in writing within five (5) days of the denial. The notification shall state the reason for denial and shall be addressed to the business address given in the application. Following are grounds for denial of applications for tow business permits and tow drivers' permits:

(1) The applicant's lack of ability and knowledge, tow truck equipment or facilities reasonably necessary to operate a tow business in such a manner as to move and protect vehicles that are towed and stored in a way that will prevent damage, theft or other loss.

(2) A pattern of use by the applicant of alcohol or other drugs in a manner likely to interfere with tow operations or the conduct of a tow business.

(3) A suspension, revocation or imposition of probation by the Department of Motor Vehicles of the State or any other state within the three (3) years preceding the date of application, for cause involving the safe operation of a motor vehicle, or with the same period, conviction in any jurisdiction of any of the offenses commonly known as hit and run, driving under the influence, or reckless driving involving bodily injury.

(4) Convictions of moving violations under the provisions of the Vehicle Code so that at the time of application the applicant is prima facie presumed to be a negligent operator under the provisions of Vehicle Code section 12810, or convictions under the laws of another state which would provide a basis for the section 12810 presumption if the convictions had occurred in this State.

(5) Either conviction of theft, or any crime punishable as a felony in this State when the crime is of a sort that indicates unfitness to conduct a tow business, such as offenses involving dishonest or assaultive conduct, when the conviction occurred within the five (5) years immediately preceding the date of application.

(6) A history of conducting or participating in the conduct of a tow business or business principally involving motor vehicles in such a way as to show a pattern of negligence, unduly delayed service, dishonesty, fraud, oppression, or failure to comply with the provisions of Vehicle Code section 22658 or any other statute or ordinance designed for the regulation of tow businesses.

(7) Failure to provide the facilities and equipment required by this article.

(b) In considering applications for tow drivers' permits, the Chief of Police shall use the foregoing standards but omit from consideration those provisions concerning possession of equipment and business knowledge (but not practical skills) that are primarily related to determining the ability of an applicant to operate and administer a tow business.

(Code 1968, § 30.130)

Any person whose application for a permit under this division is denied by the Chief of Police has the right of appeal to the Town Council. A notice of appeal must be filed with the Town Clerk within ten (10) days of the date of mailing of the notice of denial. The appeal shall be heard as a hearing de novo, by the Town Council within thirty (30) days from the filing of the notice of appeal. The Council may overrule or affirm the Chief of Police's denial, and if it overrules the denial, the Chief shall issue the permit.

(Code 1968, § 30.140)

(a) The Chief of Police may suspend or revoke any tow business or tow driver's permit on any of the following grounds whether the acts or events listed occur in the Town or elsewhere:

(1) Conviction of a felony while the permit is in effect.

(2) Operation of a tow truck while under the influence of alcohol or any drug, or under the combined influence of alcohol and any drug.

(3) Convictions of moving violations under the provisions of the Vehicle Code so that at the time of application the permittee is prima facie presumed to be a negligent operator under the provisions of Vehicle Code section 12810, or convictions under the laws of another state which would provide a basis for the section 12810 presumption if the convictions had occurred in this State.

(4) Theft of any property entrusted to a tow operator.

(5) Conviction of any theft while the permit is in effect.

(6) Charging or attempting to charge for services to which the permittee is not entitled, or in any amount in excess of the rates established under the provisions of this article.

(7) Claiming the existence of or asserting any lien to which the permittee is not entitled.

(8) Unauthorized or illegal removal or storage of any vehicle, including but not limited to failure to take vehicles removed from private property to the nearest public garage, and failure to comply with the provisions of this article.

(9) Repeated acts of negligence in conducting the tow business or wilful misconduct, resulting in damage to vehicles or loss of property in any phase of towing or storage.

(10) Failure to satisfy any judgment in an action or proceeding arising out of tow business activities.

(11) Failure to insure as provided in this article.

(12) Conviction of any crime involving assault by a tow operator, the operator's agent or employee, against the owner of or person entitled to possession of a hooked-up, towed or stored vehicle, or against the companion of such person.

(13) Unlawful fighting or challenging, or use of offensive words or performance of acts, either of which are inherently likely to provoke a violent reaction, when any of the foregoing conduct occurs in the course of a tow business.

(14) Willfully including an untrue statement or making an omission of fact from an application for a tow operator's permit or a tow driver's permit, when a true or full statement of the facts could have resulted in denial of the application.

(15) Failure to report vehicle removals or tows as required by law and by this article.

(16) Failure to report agreements with owners or persons in possession of real property for removal of motor vehicles of others from such property.

(17) Employing or retaining in employment as a tow driver any person who does not have a tow driver's permit, or whose permit is suspended at that time.

(18) Any act which would be grounds for denial of a tow business permit or a tow driver's permit.

(b) In determining whether to impose a suspension or revocation, and the proper duration of a suspension, the Chief of Police shall consider whether the permittee has received prior warnings or suspensions concerning violations of the provisions of this article, the extent of the hazard to the public, all mitigating factors, and whether the permittee has shown a pattern of improper conduct in the tow business.

(Code 1968, § 30.190)

Before suspending or revoking a tow business permit or a tow driver's permit, the Chief of Police shall conduct an informal hearing. The permittee shall be notified in writing, hand delivered or mailed to the business address of the permittee as shown in the permittee's application of the time and place of the hearing, shall be informed of the facts on which the Chief of Police might order the suspension or revocation, and shall be given the opportunity to appear and to present evidence on the permittee's own behalf. The hearing shall be held no less than five (5) days, in the case of hand delivery, or seven (7) days, in the case of mailing, from the date of delivery or mailing, and no more than fifteen (15) days from the date of delivery or mailing.

(Code 1968, § 30.200; Ord. No. 2320, § III, 9-7-21)

Decisions of the Chief of Police to suspend or revoke a permit under this division are appealable and reviewable in the same manner as decisions to deny an application, as provided in section 28.30.030.

(Code 1968, § 30.210)

All permits issued under the provisions of this division shall be issued with a June thirtieth expiration date, shall be effective for not more than one (1) year, and shall be renewable in the manner provided for issuance of original permits.

(Code 1968, § 30.310)