Porterville Municipal Code Art. VIII Rotational Tow Services

The city council hereby finds that it is in the public interest to establish a rotation list for towing services to provide the police department with an expedient means of moving damaged and disabled vehicles, illegally parked vehicles, vehicles that must be moved for safekeeping and evidentiary purposes, and abandoned, wrecked, dismantled or inoperative vehicles constituting a nuisance. (Ord. 1743, 7-1-2008)

CHIEF: The chief of police of the city. For purposes of this article, "chief" also includes any appropriate designee of the chief of police.

DEPARTMENT: The city police department.

ELIGIBILITY LIST: The city's list of towing operators who have filed an application to participate in the rotation list and who the chief has determined to be qualified to participate in the rotation list.

PATROL DIVISION COMMANDER: The person commanding the patrol division of the department.

ROTATION LIST: The city's list of towing operators who have been selected from the eligibility list to be used by the department for the purpose of providing tow truck services in accordance with the provisions of this article.

RULES AND SPECIFICATIONS: The city's rules and specifications for towing services, drivers and vehicle storage facilities, which shall be promulgated by the patrol division commander pursuant to section 15-112 of this article.

TOW OR TOWING: The act of moving damaged or disabled vehicles, illegally parked vehicles, vehicles that must be moved for safekeeping and evidentiary purposes, and abandoned, wrecked, dismantled or inoperative vehicles constituting a nuisance.

TOW TRUCK: A motor vehicle that has been altered or designed and equipped for and exclusively used in the business of towing vehicles by means of a crane, towbar, towline, dolly or rollback carrier or is otherwise used to render emergency assistance to disabled and other vehicles.

TOWING OPERATOR: Any person, firm or corporation with a valid business license from the city and engaged in the business of towing and storing vehicles in the city. (Ord. 1743, 7-1-2008)

A. The patrol division commander shall promulgate written rules and specifications governing the provision of towing services, the qualifications and conduct of drivers, and the requirements for vehicle storage facilities. The rules and specifications may be modified from time to time as deemed appropriate by the chief. All towing services provided pursuant to the rotation list shall be subject to the requirements set forth in the rules and specifications.

B. The rules and specifications shall include, but not be limited to, provisions requiring that all towing operators participating in the rotation list do the following:

• 1. Obtain a city business license;
• 2. Enter into a tow service agreement (TSA) with the city;
• 3. Pass a background check as determined by the patrol division commander; and

4. Abide by the provisions of this article and the rules and specifications promulgated by the patrol division commander and the tow service agreement. (Ord. 1743, 7-1-2008)

A. The patrol division commander shall determine the number of towing operators needed to provide towing services to the police department. On or before July 1 of each calendar year, the patrol division commander shall make a determination as to the appropriate number of towing operators to be placed on the rotation list for the following year. The patrol division commander's determination shall be based upon the number of towing service providers that may be required for the public convenience and necessity and for the efficient operation of the department. In determining the required number of towing operators, the patrol division commander shall consider the following factors:

• 1. The operational needs of the 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 operators and their average response times;
• 5. The administrative burdens imposed by the number of towing operators to be included on the rotation list; and
• 6. Other relevant, objective factors to be determined by the patrol division commander.

B. The patrol division commander's determination shall be made in writing and shall include the number of towing operators to be included on the rotation list. (Ord. 1743, 7-1-2008)

A. Any person requesting to be on the PPD rotation tow listing shall submit a letter of interest to the patrol division commander between July 1 and July 15 of each calendar year. This letter of interest shall be accompanied by:

1. A signed Porterville police department tow service agreement;

2. A completed rotation tow listing application (CHP 234A);

a. Under CHP area on the form, mark N/A;

3. A completed tow operator/driver information form (CHP 234F) for each person who will be driving for the business; and

4. All documentation required by the Porterville police department tow service agreement, including documentation of a satisfactory level one inspection and local tow truck inspection. (Ord. 1743, 7-1-2008)

A. During July of each calendar year, an open enrollment meeting shall be conducted to discuss any changes in the new TSA as well as any issues concerning the rotation tow program. Upon receiving an application, the patrol division commander shall cause an investigation to be conducted to determine the applicant's qualifications to comply with the provisions of this article. Within thirty (30) days after the filing of the application, the patrol division commander shall determine whether the towing operator is eligible for the rotation list. The patrol division commander shall determine eligibility pursuant to guidelines set forth in the rules and specifications. If the patrol division commander determines that a towing operator is qualified, the towing operator's name shall be placed on the eligibility list. Qualified towing operators shall be placed on the eligibility list in the order in which their complete applications were received. If the patrol division commander determines that a towing operator is not qualified, the towing operator shall receive a written statement of the reasons for the patrol division commander's decision.

1. In response to the department's duty to protect the public, and upon completion of a background check, the patrol division commander may disqualify an operator or driver for various reasons. These reasons include, but are not limited to:

a. Prior felony conviction.

b. Pattern of thefts.

c. Crimes of moral turpitude. (Ord. 1743, 7-1-2008)

A. Towing operators selected to provide towing services to the city and to participate in the rotation list shall abide by the rules and specifications set forth in this article and the tow service agreement.

B. Based on the number of towing operators needed, as determined by the patrol division commander pursuant to section 15-113 of this article, the patrol division commander shall select from the eligibility list the appropriate number of towing operators to be placed on the rotation list and participate in the towing rotation program for the following year. The patrol division commander shall select towing operators from the eligibility list in the order in which their complete applications were received. If a towing operator is currently on the rotation list and is deemed to be in good standing, that operator shall be granted a place on the next rotation list providing they meet the terms and conditions set forth in the TSA for that year.

C. When the patrol division commander or chief of police determines that an emergency exists, nothing shall prohibit a city employee from requesting services from a towing operator who is not on the list.

D. The rotation list may be amended from time to time as part of the chief's promulgation or modification of the rules and specifications. (Ord. 1743, 7-1-2008)

Any applicant deemed ineligible by the patrol division commander shall have the right to appeal the decision to the chief of police. Appeals must be made by filing a notice of appeal with the chief of police within ten (10) days of receipt of a notice of the patrol division commander's decision. The chief of police shall hear the appeal within thirty (30) days after the appeal is filed. The chief of police shall notify the applicant of the decision within ten (10) days after the decision is made. The chief of police may affirm or overrule the patrol division commander's decision. The chief of police's decision shall be final. (Ord. 1743, 7-1-2008)

To continue to participate in the rotation program, each towing operator on the rotation list must file with the patrol division commander a renewal application for the following year. The renewal application must be filed during the annual enrollment period in the year prior to the year for which the renewal is sought. The application must describe any changes regarding the information in the original application. If there are no material changes and if the patrol division commander determines that the towing operator has performed well during the preceding year, the patrol division commander may place the towing operator on the rotation list for the following year. If there are material changes or if the patrol division commander determines that the towing operator has not performed well, the renewal application will be treated as if it were an original application and will be subject to the procedures for reviewing new applications, as set forth in this article and in the rules and specifications. (Ord. 1743, 7-1-2008)

A. The patrol division commander may remove a towing operator from the rotation list on any of the following grounds:

1. A finding that a towing operator falsified any portion of its application or failed to include required or important information on the application;

2. A finding that the towing operator has failed to comply with or violated any of the terms or conditions of either this article, the towing service agreement or the rules and specifications;

3. A finding that the towing operator has engaged in misconduct or a pattern of behavior, by or through its agents or otherwise, that is either inconsistent with the goals of providing quality service to the community or not in the best interests of the city or its residents.

B. If the towing operator does not agree with the patrol division commander's decision to remove the towing operator from the rotation list, it may file an appeal with the chief of police, following the procedures set forth in section 15-117 of this article. (Ord. 1743, 7-1-2008)

All towing operators selected to participate in the rotation list shall enter into a towing service agreement with the city. The written agreement shall be in a form approved by the city attorney. (Ord. 1743, 7-1-2008)

Nothing in this article shall prohibit or otherwise restrict owners or operators of a vehicle from selecting and calling a towing vehicle of their own choice. (Ord. 1743, 7-1-2008)

Nothing in this article 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 the towing services provided by and the towing storage yards maintained by any towing operator participating in the rotation list. (Ord. 1743, 7-1-2008)

Any towing operator or officer, official, employee or agent thereof who violates any provision of this article shall be guilty of a misdemeanor. In addition to any other penalties, any towing operator violating any provision of this article shall be subject to removal from the rotation list. (Ord. 1743, 7-1-2008)