Petaluma Municipal Code Ch. 11.94 Nonexclusive Tow Franchise Agreements

A. The city’s police department maintains rotation tow lists used for dispatching private tow operators to

provide towing and storage services as part of the police department’s towing program, and the city incurs costs in

connection with the police department’s towing program.

B. California Vehicle Code Section 12110, Subdivision (b), provides that a public entity may require payment of a

fee in connection with the award of a franchise for towing vehicles on behalf of that public entity; provided, that

the fee does not exceed the amount necessary to reimburse the public entity for its actual and reasonable costs

incurred in connection with the towing program.

C. Inclusion on the city’s rotation tow lists confers a beneRt on private tow operators because the registered

owners of vehicles towed pursuant to the towing program must pay the tow operators for the tow and storage

fees incurred.

D. The city council wishes to grant nonexclusive tow franchises to contractors for use of city streets and property

in consideration of payment of a franchise fee in accordance with the requirements of Sections 46, 51 and 75 of

the Petaluma Charter, Section 12110, Subdivision (b) of the California Vehicle Code, and other applicable law.

(Ord. 2430 NCS § 1(a), 2012; Ord. 2153 NCS, 2003.)

The city manager is hereby authorized to execute on behalf of the city and in accordance with requirements

speciRed in Sections 46, 51 and 75 of the City Charter, and this chapter, nonexclusive tow franchise agreements

with eligible tow operators using the tow franchise agreement form most recently approved by duly adopted

resolution of the city council in accordance with Section 11.94.040. (Ord. 2430 NCS § 1(b), 2012; Ord. 2153 NCS,

2003.)

The city shall collect a franchise fee from tow franchisees for each vehicle towed pursuant to the police

department’s towing program and this chapter in an amount set by duly adopted city council resolution. In

accordance with California Vehicle Code Section 12110, Subdivision (b), and other applicable law, such franchise

fee may not exceed the amount necessary to reimburse the city for its actual reasonable costs incurred in

connection with the police department’s towing program. (Ord. 2430 NCS § 1(c), 2012; Ord. 2153 NCS (part, 2003.)

maximum tow rates.

The city council may by duly adopted resolution approve and amend tow franchise agreement forms and

maximum rates that may be charged by tow franchisees for services provided pursuant to the police department’s

towing program and this chapter. (Ord. 2430 NCS § 1(d), 2012; Ord. 2153 NCS, 2003.)

The city will seek new tow franchisees by notice published in the oTcial city newspaper and other appropriate

means. The notice will provide details on obtaining franchise application materials and submission of franchise

applications. Franchise application materials will detail tow operator eligibility and other requirements that must

be satisRed to be considered for award of a tow franchise. Eligibility requirements and standards for tow

operators and their drivers shall be as set forth in the tow agreement forms and shall be generally consistent with

the requirements and standards contained in the most recent California Highway Patrol Tow Service Agreement,

modiRed by the city as deemed appropriate. The police chief will recommend to the city manager award of tow

franchise agreements to eligible operators so that at any given time a suTcient number of franchisees (not to

exceed three) are included on the city’s tow rotation lists. (Ord. 2430 NCS § 1(e), 2012.)

The Petaluma Municipal Code is current through Ordinance 2916 NCS, passed December 1, 2025.

Disclaimer: The city clerk’s oTce has the oTcial version of the Petaluma Municipal Code. Users should contact the

city clerk’s oTce for ordinances passed subsequent to the ordinance cited above.

City Website: cityofpetaluma.net

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