Richmond Municipal Code Ch. 7.72 Towing Service

(a) "Police tow operator" means any person, firm or corporation holding a franchise or permit under this chapter to engage in the business of towing motor vehicles at the request of the police department.

(b) "Motor vehicle" means a vehicle which is self-propelled and also, for purposes of this chapter only, a vehicle as defined in Section 670 of the California Vehicle Code and a trailer as defined in Section 630 of said Vehicle Code.

(c) "Abandoned motor vehicle" means any abandoned vehicle or part thereof which is subject to removal pursuant to Chapter 11.76 of this code, or pursuant to Chapter 10 (commencing with Section 22651) of Division 11 of the Vehicle Code of the state.

(d) "Police department" means the police department of the city. "Chief of police" means the chief of such department or his authorized representative.

(e) "Emergency tow service request" means any request by the police department for tow service where the motor vehicle to be towed constitutes or creates an immediate hazard to moving traffic or constitutes or creates an immediate hazard to the safety of the public, or in any case in which a police officer calling for tow service from the scene where it is required is exposed to danger on account of riot or civil commotion.

(f) "Motor vehicle towed at the request of the police department" means any motor vehicle which is towed pursuant to an order or directive originating with the police department.

(g) "Private tow service operator" means any person who engages in the business of towing motor vehicles, other than those towed at the request of the police department, within the city.

(h) "Storage facility" means a storage facility in which vehicles are stored pursuant to an exclusive franchise granted under Chapter 7.74 of this code.

(i) "Storage operator" means the person who operates the storage facility described in Chapter 7.74 of this code.

(j) "Tow service" means the service of towing motor vehicles or the providing of emergency road service to disabled motor vehicles.

(k) "Tow truck" means, but is not limited to, a light-duty tow truck or a wrecker.

(l) "Special equipment" means equipment used in the towing or removal of motor vehicles other than a two-axle, light-duty tow truck or a wrecker, and includes, but is not limited to, such equipment as a heavy-duty tow truck having a gross weight of 11,000 pounds or more, tractor, heavy-duty crane truck, dollies or one-half dollies.

(m) "Person" means any individual, firm or corporation.

(n) "Damaged motor vehicle" means any damaged, wrecked, dismantled, partially dismantled, inoperative or abandoned motor vehicle or part thereof which is towed at the request of the police department, and any other motor vehicle whether or not it is damaged, wrecked, dismantled, partially dismantled, inoperative or abandoned which is towed at the request of the police department.

(o) "Holidays" are defined as follows:

New Year's Day

Washington's Birthday

Memorial Day

Independence Day

Labor Day

Admission Day

Columbus Day

Veterans' Day

Thanksgiving Day

Lincoln's Birthday

Christmas Day

(Amended by Ord. No. 5-73 N.S., 43-75 N.S. and 29-75 N.S.)

It is unlawful for any person, firm or corporation to engage in the business of towing motor vehicles at the request of the police department unless a determination of public convenience and necessity therefor is first made by the city council. In making such determination the council shall take into consideration all facts which it may deem pertinent and proper, including a specific finding that applicant is financially responsible; that the premises and motor vehicles which applicant proposes to use are fit and suitable; and that the operation of the business for which a permit is applied is necessary to provide adequate towing service for the city of Richmond. All persons holding record permits on the date of adoption of this Chapter 7.72 shall be issued a certificate of public convenience and necessity providing they are in compliance with all other sections and provisions of this chapter. The certificates may be transferable with the consent of the city council and the chief of police providing that the transferee satisfies all of the requirements of this chapter.

After obtaining a certificate of public convenience and necessity from the city council, the chief of police shall issue a permit to the police tow operator, which permit shall be issued subject to the conditions set forth in Section 7.72.050. The towing business contemplated herein shall be allocated by the chief of police among those holding such permits upon a rotation basis, and the city of Richmond shall not be obligated to pay for any towing service so rendered, unless specifically agreed to by the chief of police or his authorized representative.

(a) In lieu of the system of granting permits under this chapter to engage in towing at the request of the police department, the city council may, by resolution, grant an exclusive franchise to any person for the purpose of engaging in the business of towing motor vehicles at the request of the police department. Prior to granting such a franchise, the city council shall adopt a resolution of intention to grant the same and shall establish a date in such resolution by which all persons shall have an opportunity to file with the city clerk an application for such franchise, which date shall be at least 45 days from the date of adoption of the resolution. The city clerk shall within ten days from the date of the adoption of such resolution publish a certified copy of the resolution one time in a newspaper of general circulation in this city. Any person may file such an application with the city clerk no later than the date established in the resolution on a form provided by the city. Such application shall contain such information as the chief of police shall require. The chief of police shall send a report on each such application to the city council. Such franchise may include provisions for servicing city-owned motor vehicles by the franchisee.

(b) In determining which applicant shall be granted the franchise, the council shall take into consideration all facts which it may deem pertinent and proper, including a specific finding that the applicant is financially responsible and that the premises and motor vehicles proposed to be used by the applicant are fit and suitable. The franchise shall be granted for a one-year period subject to revocation or suspension by the council pursuant to the provisions of this chapter or of the franchise resolution. No such franchise shall become effective unless and until the resolution granting the same has been accepted by the franchisee through the filing with the city clerk of a written acceptance thereof in a form satisfactory to the city attorney, in which the franchisee agrees to comply with and be bound by the provisions of this chapter and of the franchise resolution.

(c) On the effective date of such a franchise, any certificate of public convenience and necessity and any permits previously issued under Sections 7.72.020 and 7.72.030 of this chapter shall thereupon become automatically null and void and paragraph (1) of subsection (c) of Section 7.74.040 of this Code shall become automatically inoperative during such time as a franchise is in effect with an entity owned in whole or in part by the then existing holders of permits issued under Section 7.72.030 or is issued to the central storage operator.

(Added by Ordinance No. 43-74 N.S.)

The chief of police is authorized to suspend or revoke any police tow operator's permit issued under Section 7.72.030, and the city council is authorized to suspend or revoke any franchise granted pursuant to Section 7.72.035, upon any of the following conditions:

(a) If the operator or his agent or employee violates any of the conditions of Sections 7.72.50 or 7.72.070 or of the regulations promulgated under Section 7.72.100;

(b) If any of the operator's tow trucks arrive at the scene of the accident for the purpose of providing towing services without having been called by the owner or operator of the vehicle involved in the accident or by the Richmond police department.

Such suspension or revocation shall be made only after a hearing by the chief of police, in the case of any such permit, and by the city council in the case of an exclusive franchise, upon at least 20 days' written notice of the hearing to the permittee or franchisee. Such notice may be mailed to the permittee or franchisee at the last known address thereof and the 20 days' notice shall commence as of the date of mailing.

(Amended by Ordinance Nos. 5-73 N.S. and 43-74 N.S.)

Each police tow operator shall observe the following conditions:

(a) The operator shall have personnel and equipment available at all times to respond to the location where the tow service is required within 30 minutes, in the case of a nonemergency tow service request, and 20 minutes in the case of an emergency tow service request, after the request is received by the operator. In the event that the operator fails to comply with the requirements of this paragraph without a reasonable excuse therefor, he shall pay a penalty to the city at the rate of $30.00 per hour for the time in addition to 30 minutes in the case of a non-emergency request and 20 minutes in the case of an emergency request, that a police officer is detained at the place where tow service is requested by reason of the operator's failure to respond within the time limits hereinabove specified. The requirements of this paragraph shall not apply in any case where special equipment is required.

(b) The operator shall install and maintain or shall permit to be installed and maintained in each of the vehicles used by him to provide the service required of him by this chapter, such radio communications equipment as shall be designated by the chief of police.

(c) The operator shall keep records identifying each motor vehicle towed as required by the police department. Copies of such records concerning each such vehicle shall be transmitted to the police department and to the operator of the storage facility within 24 hours of the time that the vehicle is towed.

(d) The operator shall carry public liability insurance on all towing equipment in a form and in an amount approved by the city attorney, naming the city as an additional insured, and shall post with the clerk a bond in the sum of $500.00 conditioned on the faithful performance of all services he or it is to perform under this chapter.

(e) The operator shall not release any motor vehicle to any person other than the operator of the storage facility except upon the express authorization of the police department to release it to some other person.

(f) The operator shall charge for tow services requested by the police department in accordance with a schedule adopted by resolution of the city council. The operator shall provide to the person receiving tow services an itemized statement for the services he has rendered. The city council shall consider the recommendations of the chief of police and the operator when establishing towing rates and when revising such rates. The rates established by the city council shall be the maximum rates which the operator may charge and shall not prohibit the charging of a lesser rate for the particular type of service.

(g) The operator shall not permit any person to tamper with any motor vehicle towed at the request of the police department or with the contents thereof in any manner while the vehicle is in his custody without the written authorization of the police department.

(h) The operator shall keep his towing equipment and vehicles in safe and working order and shall present such equipment and vehicles for safety inspections at such intervals as the chief of police shall direct. Such safety inspections shall be conducted by the police department or by such other agency as the chief of police shall designate. The operator shall not employ any vehicle or equipment which has not passed such a safety inspection.

(i) The operator shall comply with all the regulations adopted by the chief of police pursuant to Section 7.72.100.

(Amended by Ordinance No. 5-73 N.S.)

(a) Each police tow operator shall cause the dispatching of equipment for the towing of motor vehicles at the request of the police department and shall provide and maintain such radio or other communications equipment as shall be approved by the police department and as will enable the police department and the storage operator to establish direct and immediate communication with the police tow operator and the vehicle used by the police tow operator in providing such towing service.

(b) Each police tow operator shall cause records of each motor vehicle which is towed at the request of the police department to be maintained, which records shall indicate as to each such vehicle:

(1) The date and time the request for tow service was made;

(2) The location of the motor vehicle at the time the request was made;

(3) The name and address of the owner of the motor vehicle, if known;

(4) The make, model and license or identification number of the motor vehicle;

(5) The condition of the motor vehicle, whether it was damaged or undamaged, intact or stripped;

(6) The date and time that the motor vehicle was delivered to the storage facility;

(7) The amount of the towing charges due at the time the motor vehicle was towed to the storage facility.

Such records shall be available at all times during the regular business hours of the police tow operator for inspection by the police department.

(a) Each private tow service operator who does business within the city of Richmond shall, in addition to the business license required under Chapter 7.04 of this code, annually obtain a tow service permit from the chief of police and pay the fee hereinafter required for such permit. The term of each such permit shall be one year from the date that it is issued and shall be renewed annually. The fee for such a permit shall be $10.00 for each tow truck used by such operator in connection with his business within the city of Richmond. No tow service business shall be operated within the city unless the operator thereof has obtained a permit pursuant to this section. Any operator who is conducting a business within the city of Richmond on November 1, 1971 shall, within 45 days thereafter, obtain such a permit.

(b) Every private tow service operator who conducts a tow service business within the city of Richmond shall charge for services in accordance with a schedule of rates adopted by resolution of the city council. Such rates shall be the maximum chargeable and the operator shall not be precluded from charging a lesser amount for the particular type of service.

(c) Every private tow service operator who conducts a tow service business within the city of Richmond shall comply with any regulations of the chief of police established under Section 7.72.100 which are applicable to such operator.

(d) The permit of any private tow service operator subject to this section may be suspended for a period up to 180 days if he violates any of the provisions of this section or any of the regulations of the chief of police or may be revoked by the chief of police if the operator willingly violates any of said provisions or regulations. Such suspension or revocation shall be made only after a hearing by the chief of police upon five days' prior written notice of the hearing to the permittee.

(e) Each private tow service operator shall keep his towing equipment and vehicles in safe and working order and shall present such equipment and vehicles for safety inspections at such intervals as the chief of police directs. Such safety inspections shall be conducted by the police department or by such other agency as the chief of police designates. No such equipment or vehicles shall be employed by its owner within the city unless it has passed such a safety inspection.

(a) In order to carry out the provisions of this chapter, the chief of police may, from time to time, adopt and enforce regulations concerning the safety and security of towed motor vehicles, the dispatching of tow equipment and vehicles, and the keeping of records concerning towed motor vehicles. Such regulations shall be adopted and amended by the chief of police pursuant to public hearing and written notice to the holders of permits or to the holder of an exclusive franchise issued under this chapter.

(b) The regulations adopted by the chief of police and amendments thereto shall not become effective until they have been approved by the city council.

(Amended by Ord. No. 43-74 N.S.)

Any party against whom a decision or finding is made by the chief of police under Section 7.72.040 or 7.72.080(d) of this chapter may appeal to the city council by filing his request for appeal in writing with the city clerk within ten days from the date of such decision or finding. The decision or finding shall be inoperative pending such appeal. The city council may affirm, modify, or override the chiefs decision or finding. The vote of six members of the council shall be required to modify or override the chiefs decision or finding.

(Amended by Ord. No. 43-74 N.S.)

(Source: Ord. No. 23-71 N.S.)