Chapter 5.28 — VEHICLES FOR HIRE AND TOW TRUCK SERVICE

No person shall engage in the business of operating on the streets of the city a tow truck service, the operation of vehicles for hire, or driving passenger vehicles for hire without first obtaining a permit in accordance with the provisions of this chapter, paying the fees established by city council resolution, or complying with or having complied with all provisions of this chapter.

(Code 1972, § 5.28.010; Ord. No. 908, § 2(part), 1992)

The city council shall set forth the conditions upon which a permit shall be issued by the city's licensing official and shall adopt such conditions hereafter by resolution. The conditions may include, but are not limited to, the manner of use of such vehicles, limitation on the number thereof, compliance with local laws and regulations, compliance with zoning requirements for the storage of vehicles, the qualifications of

operators and employees, and standards for equipment and maintenance of vehicles and insurance to be carried.

(Code 1972, § 5.28.020; Ord. No. 908, § 2(part), 1992)

Application for such permit shall be made to the city's licensing official together with such information as the licensing official may require. Upon such investigation as deemed necessary, the chief licensing official shall issue such permit if he determines that the applicant has met all the conditions so established by city council resolution pursuant to section 5.28.020. If the licensing official determines that the applicant has failed to meet any one of the conditions established by the city council, he shall not issue such permit.

(Code 1972, § 5.28.030; Ord. No. 908, § 2(part), 1992)

The applicant for a permit under this chapter may appeal a decision made by the city's licensing official that the applicant failed to meet all of the conditions set forth by resolution.

(1)

If the applicant wishes to appeal the licensing official's decision to the city council, the applicant must file a written appeal with the city clerk within ten calendar days of the decision. The written appeal shall specify the person making the appeal; the decision appealed from and shall state the reasons for the appeal.

(2)

The appeal hearing shall be held within 30 days of giving notice to the applicant as to the time and place of the hearing, unless the 30-day time limit is waived by the applicant.

(3)

The city council shall review the facts of the matter and determine whether the applicant has met all the criteria set forth by resolution. If the city council determines that all conditions have been met by the applicant, the denial of the permit must be reversed and the permit must be granted to the applicant.

(Code 1972, § 5.28.040; Ord. No. 908, § 2(part), 1992; Ord. No. 1008, §§ 1(part), 2(part), 1995)

Any permit granted under the provisions of this chapter may be revoked by the city council either as a whole or as to any vehicle or vehicles described therein, after five days' notice to the permit holder. The notice shall require the permit holder to appear at a certain time and place to show cause why said permit should not be revoked for any of the following reasons:

(1)

Failure to observe any of the rules, regulations or provisions set forth in this chapter or in the city council resolution establishing conditions for operation of vehicles for hire or tow truck service;

(2)

Failure to observe any law of the state or ordinance of the city pertaining to the operation of vehicles by a permit holder or to applicable zoning and storage requirements;

(3)

Failure to maintain satisfactory service to the public, or any other cause which in the opinion of the city council makes it contrary to the public interest, convenience and necessity for the permit to be continued.

(Code 1972, § 5.28.050; Ord. No. 908, § 2(part), 1992)

(a)

The provisions of this chapter shall be subordinate to any applicable state law. Nothing herein shall prevent the occasional operation of a vehicle for hire as distinct from the business of operating vehicles for hire, nor shall this chapter apply to the operation of such vehicles within the city necessarily incidental to operations carried on primarily elsewhere, unless a substantial portion of such operations are carried on within the city as affirmatively determined by the city council, nor to the mere rental of vehicles.

(b)

In addition, nothing in the provisions of this chapter shall be administrated, enforced, or construed as administrating or enforcing the city's intention to regulate the price, route or service of a business in its operation of a consensual tow.

(Code 1972, § 5.28.060; Ord. No. 908, § 2(part), 1992)

A violation of this chapter is an infraction and punishable as provided in section 1.16.010.

(Code 1972, § 5.28.070; Ord. No. 908, § 2(part), 1992)