Modesto Municipal Code Ch. 10 Award of Non-Consensual Towing Contracts

Section 11-2.01 and following of Title 11 of this Code provide procedures for granting public utility franchises. Section 11-2.07 requires that all such franchises be granted by ordinance. The Council finds that non-consensual towing, defined as towing of vehicles in circumstances not requiring their owners' consent, is a public utility within the meaning of Title 11, Chapter 2, of this Code.

(Added by Ord. 3504-C.S., § 1, effective 4-3-09)

The Council may award non-exclusive, non-consensual towing franchises in the City in accordance with the following criteria:

(a) Non-consensual towing service franchises must be awarded pursuant to the procedures in Title 11, Chapter 2, of this Code.

(b) The granting of non-consensual towing franchises shall be done by an agreement approved by the Council and executed by the City Manager.

(c) It shall be unlawful for any person to engage in the business of non-consensual towing within the City, unless such person is an employee or agent of the City, or is a party (or the agent or employee of a party) to an agreement approved by the Council pursuant to this ordinance.

(d) All non-consensual towing franchises shall be subject to the terms and conditions specified in the City Charter, this Code, applicable resolutions, the California Vehicle Code, and the franchise agreement.

(e) In granting any non-consensual towing franchise, the Council may provide such other and additional terms and conditions as the Council deems necessary to protect the public health, safety and welfare.

(f) The Council may indicate its consent to enter non-consensual towing franchise agreements granted in accordance with this ordinance by resolution.

(Added by Ord. 3504-C.S., § 1, effective 4-3-09)