§ 4-19

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. (a) "Automobile dismantler's vehicle" shall mean a tow vehicle that is registered by an automobile dismantler licensed pursuant to California Vehicle Code, § 11500 et seq., and which is used exclusively to tow vehicles owned by the automobile dismantler in the course of the automobile dismantling business. (b) "Business license" shall mean a license issued by the City's License Official. (c) "City" shall mean the City of Ontario. (d) "City Manager" shall mean the City Manager of the City of Ontario or his or her designee. (e) "Non-consensual towing service" shall mean towing services provided to the City's Police Department in situations where vehicle owners are unable to consent to having their vehicle towed, such as in cases of severe accident, where a vehicle is being towed for being illegally parked on public property or towed as a result of a police order. (f) "Chief of Police" shall mean the Chief of Police of the City of Ontario or his or her designee. (g) "Police Department" shall mean the Ontario Police Department. (h) "Rotation list" shall mean the City's list of eligible towing carriers to be used by the Police Department when assistance is needed to remove abandoned, disabled or impounded vehicles. (i) "Tow vehicle" shall mean a motor vehicle which has been altered or designed or equipped for and exclusively used in the business of towing vehicles by means of a crane, tow bar, tow line, dolly or a roll-back carrier or is otherwise used to render emergency assistance to disabled and other vehicles.

(j) "Towing carrier" or "towing provider" shall mean a towing company and the owner(s) and/or managing employee(s) of a towing company. (k) "Tow vehicle driver" shall mean the driver of an authorized tow vehicle used for towing another motor vehicle. (§ 1, Ord. 2803, eff. September 16, 2004, § 2, Ord. 3008, eff. January 15, 2015)

(a) The purpose of this chapter is to establish towing regulations to govern the provision of non-consensual towing services to the City's Police Department, consistent with state and federal laws, as well as the public health, safety and welfare. A further purpose is to ensure that the best possible towing services are selected to participate in the City's rotational tow program to assist the Police Department in conducting efficient police investigations and provide the citizens of Ontario with prompt, safe and comprehensive towing services. (b) These regulations are not intended to govern situations where towing has been requested by vehicle owners or private property owners, except as may be permitted by law. Instead, these regulations, and the towing services agreements entered into in conjunction with this chapter, are intended to provide a fair and objective method of selecting towing carriers from among qualified firms to ensure that towing carriers and drivers selected provide the Police Department and the public with prompt, safe and comprehensive towing services using the latest in towing technology and vehicle towing and storage safety. (§ 1, Ord. 2803, eff. September 16, 2004, § 2, Ord. 3008, eff. January 15, 2015)

The City Council may at its discretion, by adoption of a resolution or ordinance, grant a non-exclusive permit to a towing carrier to provide towing services to the City under and pursuant to the provisions of this chapter. (§ 1, Ord. 2803, eff. September 16, 2004, § 2, Ord. 3008, eff. January 15, 2015)

(a) All permits granted to towing carriers pursuant to this chapter shall be non exclusive and shall be for a term to be specified by the City Council in the resolution granting a permit hereunder and in the towing services agreement between the City and the towing carrier. (b) No provisions of this chapter shall be deemed to require restricting the number of permits to one or any particular number, and no provision of this chapter shall be deemed to require the City Council to grant any permit if the City Council determines that the grant of any such permit is not in the best interest of the City or the public. (c) All towing carrier permits shall be subject to the terms and conditions specified in this chapter, as well as any terms or conditions specified in the towing services agreement. (d) In granting any towing carrier permit, the City Council may prescribe such other terms and conditions, not in conflict with this chapter, as are determined by the City Council to be in the best interest of the City or the public. (§ 1, Ord. 2803, eff. September 16, 2004, § 2, Ord. 3008, eff. January 15, 2015)

(a) Within ninety (90) calendar days of the date an existing towing carrier permit is due to expire, or whenever the Chief of Police determines that a new towing carrier is needed to provide tow services to the City, the Chief of Police shall request that the Purchasing Division prepare and distribute a notice inviting requests for qualifications for a

towing carrier permit. The Purchasing Division shall identify the most qualified towing carrier, provided that the City receives at least one qualified applicant, in accordance with the objective performance criteria set forth in this chapter and as may be promulgated in writing by the Chief of Police. In determining the required number of towing carriers, the Chief of Police may consider, but is not limited to, the following factors: (1) The operational needs of the City or its Police Department; (2) The population growth in the City; (3) The additional land area annexed into the City; (4) The number of currently authorized towing carriers and their average response times; (5) The administrative burdens imposed by the number of towing carriers to be included on the rotation list; and (6) Any other relevant factors to be determined by the Chief of Police. (b) The name of any qualified applicant(s), if there is one, shall be forwarded to the Chief of Police who shall conduct a background investigation of the operator and his or her employees. In addition, the Chief of Police will verify all information included in the proposal submitted to the City. Upon successful completion of the background investigation, the Chief of Police shall recommend in writing to the City Manager that the City issue, or refuse to issue, a towing carrier permit to the applicant(s) identified by the Purchasing Division. The City Council shall then determine whether it is in the City's best interests to issue a towing carrier permit to the identified applicant(s). If the City Council determines that it is in the City's best interests to issue a towing carrier permit, it may do so by resolution in accordance with this chapter. (§ 1, Ord. 2803, eff. September 16, 2004, § 2, Ord. 3008, eff. January 15, 2015)

To be eligible to provide towing services to the City and its Police Department, the towing carrier must meet the following minimum requirements with respect to its facilities: (a) Location of storage facility. The proposed towing storage lot shall be located within the City of Ontario city limits, or within five (5) miles thereof upon approval as described in subsection (e) below, to ensure adequate response times and limit the City's costs and administrative burdens of having Police Department personnel conduct investigations at distant storage lots. (b) Storage facility requirements. Adequate security measures for the protection of vehicles and property shall be provided for all storage facilities. The Chief of Police or his or her designee shall be the sole judge of what constitutes "adequate" security measures and may grant additional consideration for state of the art security measures, including, but not limited to, security cameras and motion sensors. At a minimum, all storage facilities shall comply with the following requirements: (1) All storage facilities shall be enclosed by a wall or fence at least six (6) feet in height. Alternatively, storage facilities may consist of enclosed buildings. (2) Storage lot that can hold a minimum of one hundred fifty (150) vehicles. (3) The storage facility and lot shall be configured in such a way that no vehicles shall be left parked or stored on the public streets at any time. The business must provide off-street parking for its equipment and be able to accommodate at least two (2) additional vehicles for customer parking. In addition to the two (2) customer parking spaces, at least one (1) additional customer parking space shall be provided for handicapped parking purposes. Said handicapped parking space shall be van accessible. Storage vehicles should be secured away from customer parking and the office area. The towing carrier's office located in the City must have a sign posted including the company name, address, phone number and hours of operation, to be clearly visible from the roadway. (4) The proposed storage facility shall contain an enclosed building or enclosed storage facility that holds a minimum of two (2) vehicles, to be used exclusively in situations where the Police Department orders an impound

because probable cause exists to believe that the vehicle was involved in the commission of a crime or for other reasons that require evidentiary analysis of the vehicle (the "designated impound space"). (i) The designated impound space shall be completely protected from the elements, including wind, heat, adverse weather and other forms of contamination (i.e., dust). (ii) The designated impound space must be able to be secured and unauthorized entry must be prevented. At a minimum, there should be a door or gate that can be locked and secured from employees and visitors. (iii) The designated impound space must be at least thirty (30) feet by forty (40) feet. (iv) The designated impound space must be lit with a minimum of two 50-watt, overhead lamps, or similar lamps that provide equal or greater light. (v) The designated impound space area must be accessible to Police Department personnel twenty-four (24) hours a day, seven (7) days a week. (vi) The designated impound space must be reasonably clean and clear of dirt, animal waste, oil, and the like. (vii) The designated impound space must be protected by an alarm system to prevent unauthorized entry. The alarm system shall be monitored by an off-site monitoring company. The alarm code for the alarm system shall be provided to Police Department personnel at all times and shall be changed by the towing carrier only upon receiving authorization from the Chief of Police or at his or her direction. The towing carrier shall not provide the alarm code to any person unless authorized to do so by the Chief of Police. (c) All proposed storage facilities must be approved for security by the Traffic Division Sergeant or designated representative, and available for inspection upon request. Any breach of security in a building or fence must be repaired within twenty-four (24) hours. (d) All necessary vehicle storage facilities needed to meet the minimum requirements of this section shall be constructed prior to the submittal of a response to the request for qualifications issued by the Purchasing Division. Proposed facilities shall not be awarded credit. All necessary approvals for such storage facilities shall comply with the applicable provisions of the Ontario Municipal Code, or appropriate county and/or City codes. Compliance with this subsection shall not be deemed to create any duty for the City to award a permit to the towing carrier. (e) In the event that City-sponsored or City-initiated economic development activity results in the displacement of an existing tow yard within the City, the tow operator whose location has been displaced may apply to the City in writing for relief from the in-City locational requirement. A committee consisting of the City Manager, the Chief of Police and the Executive Director of the Public Works Agency, or their designees, shall consider the application and decide within 30 days whether to allow extra-territorial siting. The decision of the committee shall be final and non- appealable. (§ 1, Ord. 2803, eff. September 16, 2004, § 2, Ord. 3008, eff. January 15, 2015, § 1, Ord. 3202, eff. February 17, 2022)

(a) The towing carrier shall have operative and available at all times tow trucks and/or tow vehicles that meet the following requirements: (1) One (1) - Class "A" (or equivalent) tow vehicle; (2) Five (5) - Class "B" tow vehicles; (3) Three (3) - (or have available) Class "C" tow vehicles; and (4) One (1) - (or have available) Class "D" tow vehicle. (b) Tow vehicles must be equipped as tow trucks in compliance with the provisions of the California Vehicle Code, including, but not limited to, §§ 615, 21711, 24605, 25100, 25253, 27700, and 27907. Tow vehicles must also pass the annual CHP inspection, or its equivalent.

(c) All tow vehicles must have adequate equipment for the towing of vehicles. Basic equipment shall include but not be limited to: fire extinguisher(s); broom; shovel; reflective triangles; flares; two (2) trash can(s). (d) All tow vehicles must have a cable winch of sufficient size and a cable capacity of not less than fifty (50) feet to retrieve vehicles which have gone over embankments or off traveled portions of roadways into inaccessible locations. (e) The towing carrier shall have at least one (1) vehicle designed to carry motorcycles, by a flatbed truck, trailer or other means, which will not cause additional damage to the motorcycle. (f) The towing carrier must have equipment for and have personnel proficient in unlocking locked vehicles when requested to do so by the Police Department. (g) Throughout the term of the towing services agreement with the City, the towing carrier shall maintain in good condition the real property and improvements thereon, and all vehicles, facilities, equipment and material used in the performance of the services required by this chapter or the towing services. (§ 1, Ord. 2803, eff. September 16, 2004, § 2, Ord. 3008, eff. January 15, 2015)

(a) Towing carriers shall provide the name, date of birth, and valid California Driver License number of all drivers employed by the towing carrier to the Police Department's Traffic Division. The Traffic Division Sergeant or his or her designated representative shall also be notified of any new drivers within five (5) days of their date of hire. (b) Tow driver qualifications/requirements: (1) Drivers employed by towing carriers shall be at least eighteen (18) years old, possess the required class driver license in to operate any or all tow vehicles specified under § 4-19.07, and sufficiently capable and trained to ensure safe and proper discharge of their towing service responsibilities. All drivers shall meet all requirements specified in §§ 2430.5 and 12520 of the California Vehicle Code. (2) Drivers and/or towing carriers shall provide the Traffic Division Sergeant with information of any driving citations received by the tow driver(s) in the immediate prior three (3) years and all information regarding any criminal convictions. (3) Drivers shall be presentable and shall wear uniform-type pants and shirts. (4) The Chief of Police is also hereby empowered to require that a towing carrier's drivers: (i) Be fingerprinted; and (ii) Undergo background checks by the California Department of Motor Vehicles and any other agency deemed appropriate to determine the safety practices of the drivers. (5) Towing carriers shall not utilize any driver: (i) Who is subject to epilepsy, fainting or loss of consciousness by reason of chronic medical condition; (ii) Whose driving record indicates five (5) violations of traffic laws involving moving vehicles within two (2) years preceding the date of application; (iii) Who has furnished false information on this application or omitted to furnish all information requested on said application forms; (iv) Who has been convicted of driving while under the influence of intoxicating liquor or narcotic drugs, or both, within three (3) years of the date of application; or (v) Who has been convicted of a felony, any crime involving moral turpitude, or any crime(s) specified in the towing services agreement within two (2) years preceding the date of application. (6) Notwithstanding compliance with the foregoing provisions, the City may prohibit certain drivers from providing towing services to the City or its Police Department in its sole discretion. Such directives shall be in writing to the towing carrier. (§ 1, Ord. 2803, eff. September 16, 2004, § 2, Ord. 3008, eff. January 15, 2015)

As a condition to issuance of a permit by the City, the towing carrier must also agree to: (a) Ownership of equipment and facilities. Towing carriers shall demonstrate and furnish proof of possession of the towing equipment and storage yard facilities necessary to perform the obligations set forth in this chapter and the towing services agreement, as well as title to, or lease agreements for, the right to use the land and improvements necessary to perform the obligations set forth therein. The proposed storage facility and improvements thereon shall meet the zoning and building requirements of the city or county in which it is located, as well as all requirements of this chapter and the towing services agreement; (b) Maintain in full force and effect the insurance requirements as specified in its towing services agreement; (c) Charge towing fees in compliance with § 4-19.13. Each towing carrier shall maintain a sign listing the rates and charges of all towing and storage services offered. Such sign has to be conspicuously placed in the office or other places where customer financial transactions take place; (d) Furnish each owner of an automobile impounded by towing carrier with a fully itemized billing; (e) Submit at any reasonable time to a Police Department inspection all drivers, vehicles, equipment and yards. For those towing carriers that cannot produce an annual California Highway Patrol certification, the Police Department also reserves the right to require that all towing vehicles be inspected by an automotive professional certified by the State of California Bureau of Automotive Repair, and selected by the Police Department. All vehicle inspection fees shall be borne solely by the towing carrier and shall be due and payable upon presentation of the vehicle for inspection. A yearly inspection of all vehicles is required and the towing carrier shall not interfere in any way with any such inspections. The Towing Carrier is responsible for arranging the annual vehicle inspection with the Police Department. Any towing vehicle that fails an inspection shall not be used to provide towing service in the City until it is repaired and passes re-inspection. All towing vehicles shall be operated and maintained in compliance with applicable state and federal laws and regulations; (f) Any and all equipment used and maintained by the towing carrier must be available for inspection by the Police Department upon request. All equipment, vehicles, and facilities to be used under the towing services agreement shall be subject to inspection by the Police Department or other designated inspection entities authorized by the Police Department; (g) Towing carriers shall install and maintain during the period of providing towing services to the City and the Police Department, radio transmission and reception contact with each tow vehicle and driver; (h) Comply with California Vehicle Code, § 10652 concerning the reporting of the storage of vehicles in excess of thirty (30) days and California Vehicle Code, § 10652.5 concerning vehicle storage fees; (i) Tow and store vehicles that will be used as, or contain, evidence of crimes for the Ontario Police Department without charge; (j) The towing carrier may not perform said function as described in § 4-19.09(i) if criminal charges are pending against the towing carrier or one of its owners or principals. The towing carrier's inability to perform this function constitutes a material breach of its towing services agreement and shall provide the basis for either suspension or revocation of its towing services agreement; (k) Indemnify and defend the City, its elected and appointed officers, employees, agents and volunteers against, and will hold and save them, and each of them, harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of or in connection with any of the towing service operations or activities by the towing carrier, its officers, agents, or employees, whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents or employees, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of the City, its

owing service operations or activities by the towing carrier, its officers, agents, or employees, whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents or employees, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of the City, its

elected or appointed officers, employees, agents or volunteers who are directly responsible to the City and in connection therewith: (1) Will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorney's fees, incurred in connection therewith; (2) Will promptly pay any judgment rendered against the towing carrier or the City, its elected and appointed officers, employees, agents and volunteers covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such towing service operations, or activities of the towing carrier hereunder; and the towing carrier agrees to save and hold the City harmless therefrom; (3) In the event the City, its elected and appointed officers, employees, agents and volunteers is made a party to any action or proceeding filed or prosecuted against the towing carrier for such damages or other claims arising out of or in connection with the towing service operations or activities of the towing carrier hereunder, the towing carrier agrees to pay to the City any and all costs and expenses incurred by City, its elected and appointed officers, employees, agents and volunteers in such actions or proceedings, together with reasonable attorneys' fees of the attorneys selected by the City to defend the City, its elected and appointed officers, employees, agents and volunteers in such actions; and (4) Disputes between the towing carrier and the City arising from the provision of towing services to the City pursuant to the towing services agreement are excluded from the duty to indemnify, defend and hold harmless. (l) Develop and maintain written policies and procedures to restrict access and to preclude evidence contamination by employees and other individuals in the designated impound space. Such policies shall be submitted with the permit application, within thirty (30) days after award of the contract for existing towing carriers, and any time the written policies are modified. "Evidence contamination" is defined as the removal or touching of any items, papers, vehicle parts, and the like, of a stored vehicle that is impounded by the Police Department for investigation purposes; (m) Vehicles that have been impounded by order of the Police Department shall not be released, lien sold, or sold without authorization from the Police Department; (n) No employee of a towing carrier or the provider's storage facility shall perform any work upon any Police Department impounded or stored vehicle without first obtaining written permission from the owner of the vehicle and no work or repair may be commenced without an official written release by the Police Department; (o) The Ontario Police Department shall have the right to designate when a vehicle is to be placed into the designated impound space and may place a seal on each door of the vehicle or door(s) of the designated impound space; (p) Vehicles placed into the designated impound space shall not be removed from such protection until approved by the Police Department; (q) Post a tag on the windshield of all cars ordered impounded by the Police Department. As an alternative to posting a tag on the windshield of the car, a towing carrier may affix temporary markings on the car windshield; (r) Not release any vehicle in its possession until all state and City requirements are satisfied, the written authorization for release is provided by the Ontario Police Department and all appropriate release charges are collected; and (s) Not release personal property contained within towed vehicles unless written authorization of the Ontario Police Department is first obtained. When personal property is released the written authorization shall be kept with the vehicle storage paperwork. There shall be no charge for the release of personal property during normal business hours. Towing carriers may charge an after hours release fee for property released after normal business hours. Minimum normal business hours shall be from 8:00 a.m. to 5:00 p.m., five (5) days a week (Monday through Friday), excluding holidays. (§ 1, Ord. 2803, eff. September 16, 2004, § 2, Ord. 3008, eff. January 15, 2015)

be no charge for the release of personal property during normal business hours. Towing carriers may charge an after hours release fee for property released after normal business hours. Minimum normal business hours shall be from 8:00 a.m. to 5:00 p.m., five (5) days a week (Monday through Friday), excluding holidays. (§ 1, Ord. 2803, eff. September 16, 2004, § 2, Ord. 3008, eff. January 15, 2015)

(a) Towing carriers selected to provide towing services to the City, if more than one is selected, shall abide by the towing rotation system established by the Chief of Police. The Chief of Police shall develop a list of towing carriers selected to provide towing services to the City. The towing carrier at the top of the list shall be on call to provide towing service to the City in accordance with the rotation system established by the Chief of Police. Once a towing carrier completes its designated on-call service, the towing carrier's name shall be moved to the bottom of the list and the towing carrier then at the top of the list shall begin its designated on-call service. The towing carrier further must agree to be available and timely respond to any inquiries made by the Police Department concerning the impacts of any proposed towing rotation system changes. Should a towing carrier refuse or be unable to respond to a call for service, the City may request services from any other available towing carrier selected to provide towing services to the City. (b) The City may request services from a towing carrier who is not on-call in situations wherein the City Manager, Chief of Police or the Police Department Watch Commander deems a situation to exist such that additional towing services are necessary to adequately meet the needs of the City or its Police Department. The towing rotation list may be amended from time to time by the Chief of Police. (§ 1, Ord. 2803, eff. September 16, 2004, § 2, Ord. 3008, eff. January 15, 2015)

No person shall engage in the business of providing towing services to the City or its Police Department without first obtaining a City business license, complying with the provisions of this chapter and entering into a towing services agreement with the City. (§ 1, Ord. 2803, eff. September 16, 2004, § 2, Ord. 3008, eff. January 15, 2015)

All permits granted by the City Council pursuant to this chapter shall be contingent upon entering into a written agreement between the towing carrier and the City. The towing services agreement shall be entered into between the towing carrier and City within thirty (30) days of the effective date of any City Council action awarding a permit. The towing services agreement shall be in a form approved by the City Attorney. Each towing services agreement shall provide that the terms and conditions of each permit as set forth in this chapter shall be incorporated by reference into the agreement. The term of the written agreement shall be for a period five (5). A towing services agreement may be extended, at the sole and absolute discretion of City Council, for a period, or periods, not to exceed ninety (90) days. All terms and conditions contained in any towing services agreement entered into between the towing carrier and the City prior to adoption of this chapter shall continue in full force and effect according to their terms. (§ 1, Ord. 2803, eff. September 16, 2004, § 2, Ord. 3008, eff. January 15, 2015)

The tow rates set forth in this section shall be specified in the City Fee Schedule, which may only be revised by a duly-adopted resolution of the City Council. For purposes of this subsection, “rates” and “fees” include any type or class of fee and includes late charges. (§ 1, Ord. 2803, eff. September 16, 2004, § 2, Ord. 3008, eff. January 15, 2015, § 2, Ord. 3157, eff. April 2, 2020)

(a) The towing carrier shall pay an administrative fee per vehicle towed to the City in connection with the award of this permit, and according to the terms of the towing services agreement, in an amount specified in the City Fee Schedule. These administrative fees shall be paid on a monthly basis to the City’s Financial Services Agency on or before the 15th day following the end of each month. The towing carrier shall not be responsible for payment of an administrative fee to the City for the towing of vehicles in certain specified circumstances as more fully set forth in its towing services agreement. (b) The administrative fee shall be adjusted by resolution of the City Council to reflect the City and the Police Department’s current costs for operating the towing program and such adjustment shall be applicable to the towing carrier upon ten (10) days’ written notice of the adoption of such resolution. (c) Late charges on delinquent accounts shall be subject to penalties outlined in § 1-2.07, or as it may hereinafter be amended. (d) The City shall retain the right to impose alternative forms of taxes and/or fees, to the extent permitted by law, in the event that the fees provided for in the towing services agreements are no longer assessable due to a subsequent change in federal, state or local law. (e) The towing carrier must make available to the Police Department, the City or their designated representative(s), upon three (3) days’ written notice, its accounting records and books for inspection and audit. The Police Department, the City or their designated representative(s) agree to maintain the confidentiality of such accounting records and books. The towing carrier shall submit monthly documentation detailing its operations on behalf of the City in a format that is acceptable to the Traffic Division of the Department. Such documentation shall include the following information: the date, time, location, case number (if any), vehicle description (including make, model and vehicle license number) and a brief description of the circumstances surrounding the tow (traffic collision, Department impound, and the like). Towing carriers shall maintain these records for a period of three (3) years. If the results of the audit show an administrative fee underpayment of greater than two percent (2%), the towing carrier will pay the cost of the audit plus fifty percent (50%) of the total error as a penalty in addition to any amount owed as shown by the audit. If the results of the audit show an underpayment of less than two percent (2%) or an overpayment, the City shall pay its own costs associated with the audit. Any underpayment and resulting penalty shall accrue interest at the rate of ten percent (10%) per annum, compounded daily from the date the underpayment should have been paid pursuant to subsection (a) above. (f) In the event the results of the audit are disputed, the City may, at its sole discretion, elect to arbitrate the dispute. In the event the City elects to arbitrate, the City and the towing carrier shall each select an independent auditor at their own cost. The two (2) auditors shall agree upon the results of the audit. If the two (2) independent auditors cannot agree upon the results of the audit, a third auditor will be selected by the two (2) independent auditors to make a final determination. The determination of the third independent auditor shall be final. (g) By accepting any towing carrier permit granted pursuant to this chapter, the towing carrier irrevocably waives the defenses of any statute of limitation, laches, waiver or other equitable doctrine of similar import or effect in any action brought by the City to recover any fees, interest or penalties due under this section. (§ 1, Ord. 2803, eff. September 16, 2004, § 2, Ord. 3008, eff. January 15, 2015, § 3, Ord. 3157, eff. April 2, 2020)

(a) The Chief of Police may suspend temporarily, and the City Council or City Manager may suspend or revoke any towing carrier permit granted pursuant to this chapter, or any towing services agreement entered into pursuant to this chapter, and to rescind all rights and privileges associated with them at any time if:

(1) The towing carrier defaults in the performance of its obligations under this chapter or its towing services agreement and fails to cure such default after receipt of written notice of the default from the City or its Police Department and a reasonable opportunity to cure the default in accordance with subsection (c)(1) below; (2) If the towing carrier fails to provide or maintain in full force and effect the insurance coverage as required in this chapter and as set forth in its towing services agreement; (3) If the towing carrier violates any order or ruling of any regulatory body having jurisdiction over the towing carrier relative to the towing carrier's tow truck business, unless such order or ruling is being contested by the towing carrier by appropriate proceedings conducted in good faith; (4) If the towing carrier practices any fraud or deceit upon the City or upon persons to whom it provides tow truck service as determined by a court of law; or (5) If the towing carrier becomes insolvent, unable or unwilling to pay its debts and obligations, or is adjudged to be bankrupt. The City's revocation of the towing carrier's permit shall in no way affect any right of the City to pursue any remedy under the towing services agreement or any other provision of law. (b) (1) Notwithstanding the City Manager or City Council's right to suspend or revoke a permit and related towing services agreement, the Chief of Police shall have the right to suspend, for a period not to exceed thirty (30) days, any towing carrier permit granted pursuant to this chapter, and any towing services agreement entered into pursuant to this chapter, and to rescind all rights and privileges associated with them during the suspension period, if the towing carrier violates any provision of this chapter, any material provision of the towing services agreement or any state or federal law. The Chief of Police may exercise this authority up to three (3) times per calendar year. Thereafter, the Chief of Police may recommend suspension or revocation of the towing carrier's permit and towing services agreement to the City Manager or City Council. (2) Any appeal of the Chief of Police's decision to suspend a towing carrier's permit and towing services agreement shall be made to the City Manager. The appeal shall be conducted in accord and pursuant to the procedures set forth in § 1-4.01 et seq., with the exception that the hearing officer shall be the City Manager or his or her designee. Any subsequent appeal shall be to the City Council as noted in subsection (c)(3) below. (c) Prior to suspending or revoking a permit granted under this chapter, and towing services agreement entered into pursuant to this chapter, the City shall give the towing carrier notice and an opportunity to be heard on the matter, in accordance with the following administrative procedures: (1) City staff shall first notify the towing carrier of the violation in writing by personal delivery or registered or certified mail, and demand that the towing carrier cure the default within a reasonable time, which shall not be less than ten (10) days in the case of the towing carrier's failure to pay any sum or other amount due the City under this chapter or the towing carrier's towing services agreement with the City and thirty (30) days in all other cases. If the towing carrier fails to correct the violation within the time prescribed or if the towing carrier fails to commence correction of the violation within the time prescribed, the City shall give the towing carrier fourteen (14) calendar days written notice of public hearing to be held before the City Manager. The written notice shall specify the alleged violations supporting the recommendation for suspension or revocation of the permit and towing services agreement. (2) The City Manager shall hear and consider all relevant evidence submitted by staff and the towing carrier or its agent or representative. If the City Manager finds by a preponderance of the evidence that the towing carrier has committed a material breach of the towing services agreement or this chapter, the City Manager may suspend or revoke the towing carrier's permit and towing services agreement. (3) The towing carrier may appeal the City Manager's decision to the City Council. The appeal shall be conducted in accord and pursuant to the procedures set forth in § 1-4.01 et seq. (§ 1, Ord. 2803, eff. September 16, 2004, § 2, Ord. 3008, eff. January 15, 2015)

A towing carrier shall not sell, transfer, lease, assign, sublet, mortgage or dispose of in whole or in part, either by forced or involuntary sale, or by ordinary sale, contract, consolidation or otherwise, the permit or any rights or privileges therein granted, without the prior written consent of the City Council. The City Council's approval of a transfer or assignment of a permit granted pursuant to this chapter shall be conditioned upon the towing carrier's sale or disposal of all ownership rights to its tow truck business. A towing carrier that desires to transfer or assign its permit, because he or she intends to sell or dispose of all interests in the tow truck business that has a permit with the City, shall make a written request for transfer or assignment of the permit. The written request, a deposit of One Thousand Dollars ($1,000.00) and the proposed sale agreement or other document evidencing disposal of the tow truck business shall be submitted to the Administrative Services Agency at least one hundred-twenty (120) days before the requested transfer or assignment date. The Administrative Services Agency and the Police Department shall investigate the proposed transferee or assignee and determine whether the transferee or assignee is qualified to serve as a permitted towing carrier pursuant to the criteria and requirements set forth in this chapter and make a recommendation to the City Council. Upon completion of the City Council's approval or denial, the Administrative Services Agency shall provide the towing carrier that requested the transfer or assignment with an accounting of the administrative and legal costs associated with the City's review of the towing carrier's request for a transfer or assignment of the permit, and shall also provide any refund due. Any attempt to sell, transfer, lease, assign or otherwise dispose of the permit without the prior consent of the City Council shall be null and void. (§ 1, Ord. 2803, eff. September 16, 2004, § 2, Ord. 3008, eff. January 15, 2015)

Any towing carrier, driver or other employee thereof violating the provisions of this chapter shall be guilty of a misdemeanor or an infraction, in the City Attorney's discretion. In addition, any towing carrier or towing company violating the provisions of its towing services agreement or this chapter shall be subject to revocation or suspension of its privileges to provide towing services to the City. (§ 1, Ord. 2803, eff. September 16, 2004, § 2, Ord. 3008, eff. January 15, 2015)

Nothing in this chapter shall be construed to restrict or prohibit the City from conducting its own towing operations or maintaining its own towing storage yard, either in lieu of, or in addition to any towing carrier permit that is awarded pursuant to this chapter. (§ 1, Ord. 2803, eff. September 16, 2004, § 2, Ord. 3008, eff. January 15, 2015)

CHAPTER 20: VIDEO PROVIDERS

CHAPTER 20: VIDEO PROVIDERS

Article 1. General Provisions 4-20.01 Short title 4-20.02 Authority 4-20.03 Definitions Article 2. Procedures for Granting, Renewing, Transferring, and Acquiring Video Provider Licenses 4-20.04 A license is required to operate a video provider system 4-20.05 The City may grant a video provider license 4-20.06 License duration and renewal 4-20.07 Limitations of license 4-20.08 Rights reserved to the City 4-20.09 Transfers and assignments 4-20.10 License area; Annexations 4-20.11 Application for licenses; Contents of application 4-20.12 Selection of grantee 4-20.13 License renewal 4-20.14 Multiple licenses 4-20.15 License application processing costs 4-20.16 License fee 4-20.17 Contents of license agreement 4-20.18 Rate regulation 4-20.19 Breach of license; Grounds for assessment of penalties and license revocation 4-20.20 Procedure for adjudication of breaches of the license 4-20.21 Hearing officer procedures 4-20.22 City Council hearing procedures 4-20.23 Penalties for breach of the license 4-20.24 Alternative remedies 4-20.25 Removal and abandonment; Purchase of system 4-20.26 Receivership and foreclosure 4-20.27 Continuity of service mandatory Article 3. Provisions Relating to the Use of Public Rights-of-Way by Video Provider Systems 4-20.28 Applicability 4-20.29 Undergrounding 4-20.30 Use of poles 4-20.31 Construction standards 4-20.32 Approvals 4-20.33 Submission of drawings 4-20.34 Relocation of facilities and equipment 4-20.35 Maintenance Article 4. Registration of Video Providers Not Using the Public Rights-of-Way 4-20.36 Registration requirement

Article 5. Consumer Protection and Service Standards Applicable to All Video Providers 4-20.37 California Government Code Standards 4-20.38 Penalties for noncompliance 4-20.39 Verification of compliance with standards 4-20.40 Negative option billing prohibited 4-20.41 Billing disputes 4-20.42 Non-discrimination; Tenant rights 4-20.43 Written or oral notice to enter property 4-20.44 Customer privacy