Pinole Municipal Code Ch. 5.56 Rotation of Tow Truck Services

* For statutory provisions authorizing local regulation of tow-car services, see Vehicle Code § 21100.

The City Council finds that it is in the best public interest that a procedure be established for the purpose of providing the police department with a reasonable, fair and expeditious means to select tow truck service for moving damaged and disabled vehicles from the streets and highways of the city and for removing abandoned vehicles, illegally parked vehicles and those vehicles that must be moved for safekeeping. (Ord. 531 § 2(part), 1990).

The chief of police shall provide rules and regulations which shall regulate the rotation of tow truck services provided to or requested by the city. Such rules and regulations shall include, but not be limited to, hours of availability; compliance with all local, state and federal statutes; procedure for making application to be included in the city rotation tow process; disqualification from city rotation tow; nonliability of city for tow, storage or damage caused by tow truck service; insurance, indemnification of city; and related duties of tow truck services. (Ord. 531 § 2(part), 1990).

The chief of police shall establish an application procedure and provide necessary forms to each tow truck service which requests an application. The chief of police will cause a review to be made of each tow truck service application to determine that there is compliance with local rules and regulations, state and federal statutes. The chief of police shall determine when a tow truck service is qualified to be placed on or removed from the city tow truck rotation list. (Ord. 531 § 2 (part), 1990).

The chief of police is to notify the tow truck service applicant of the status of each application. If the applicant is not certified to be placed on, or is removed from, the city rotation tow list, a written appeal to such action can be made to the City Manager within ten days from the date of notice of denial of the application or removal from the city rotation tow list. (Ord. 531 § 2(part), 1990).

When the chief of police determines that a tow truck service that has been approved to be on the city rotation list commits an unlawful act, or determines that immoral, unethical or other outrageous acts or practices have been committed by a tow truck service, its agents, officers or employees, such acts or practices shall be sufficient grounds for removal from such city rotation tow list. (Ord. 531 § 2 (part), 1990).