Rohnert Park Municipal Code Ch. 5.28 Towing Services

"Operator" means any person, firm, corporation, or association engaged in the business of towing motor vehicles.

(Ord. 515 § 1, 1989)

"Tow truck" means a motor vehicle which has been so altered, designed, and equipped for the business of towing vehicles by means of a crane, tow bar, tow line, or dolly and is otherwise exclusively used to render towing services and assistance to other vehicles.

(Ord. 515 § 2, 1989)

"Towing operation" means the activity of towing vehicles for compensation within the city of Rohnert Park including the storing of vehicles and all other services performed, incident to towing.

(Ord. 515 § 3, 1989)

Any towing service operator who meets the requirements provided for herein and who enters into a signed agreement with the city to provide towing services shall provide said services at the request of the department of public safety. The name of each such operator shall be placed on a list from which the department of public safety shall select, on a rotational basis, the operator whose services are required at any given time. Towing operators who meet the minimum requirements may apply to be placed on the rotation list. The open window period to add new towing operators to the rotation list shall be during the month of January, each year.

The director of public safety shall have the authority to enter into and sign a written agreement, on behalf of the city, with any operator that meets the minimum standards identified in both this chapter and in the written agreement.

(Ord. 515 § 4, 1989)

Minimum equipment standards for tow trucks shall be as follows:

A. Truck chassis. A truck chassis shall have at least one-ton capacity with rear dual wheels or equivalent.

B. Operator name. The operator name, address and telephone number shall be on both sides of the tow truck.

C. Lights. Tow trucks must, at all times, be equipped with such headlights, tail lights, red reflectors, stop lights, warning lights, etc., as required by California law, plus one white utility light (adjustable or portable), and may be equipped with such other lights as the operator may desire which are not forbidden by law.

D. Winch. Each tow truck shall have one power-driven winch.

E. Additional equipment. Tow trucks must be equipped with red flares, lanterns or reflectors, portable warning signs, hand tools, a crowbar, a rope, a broom, a shovel, a dustpan, a fire extinguisher of the dry chemical type, a portable red light and stop light for towed vehicles, equipment for opening locked vehicles, and a safety snubber chain. The operator shall have at least one set of dollies readily available at all times.

F. Attendants. Attendants of the tow operator must have and display a reasonable knowledge of their work.

G. Inspections. Tow trucks must pass inspection by the city department of public safety and the California Highway Patrol.

(Ord. 515 § 5, 1989)

The storage lot must be within five miles of the intersection of U.S. 101 Freeway and the Rohnert Park Expressway and must have adequate storage space to accommodate not less than ten vehicles in a secure storage area. One covered space shall be provided. Such storage area and any fences surrounding the same must be approved, in writing, by the director of public safety. Such buildings and fences must reasonably screen the stored vehicles from public view. Stored vehicles and the contents must be safe from pilfering or tampering. Storage lots in the city of Rohnert Park shall be in compliance with city zoning and safety regulations.

(Ord. 515 § 6, 1989)

There shall be an attendant on call, capable of responding within thirty minutes to a department of public safety request for towing, twenty-four hours a day, seven days a week. There shall be an attendant on call capable of responding for the release of vehicles Monday through Friday, between 8:00 a.m. and 5:00 p.m. A regular service fee may be charged for releasing vehicles on Saturday, Sunday or holidays and after regular working hours.

(Ord. 515 § 7, 1989)

Adequate public liability, property damage, fire and theft insurance must be maintained by the operator, as defined in the agreement. Certificate(s) of insurance, in a form approved by the city manager, shall be provided to the city by the operator.

(Ord. 515 § 8, 1989)

The operator shall keep a record of each towed vehicle, its license number, the date and time it was towed, the location from which it was towed, the name of the department of public safety employee(s) ordering the towing, and whether the vehicle was impounded or towed at the owner's request. Said records shall be subject to inspection by employees of the city.

(Ord. 515 § 9, 1989)

The operator shall maintain two-way radio communications capability between the tow truck and the operator's dispatcher.

(Ord. 515 § 10, 1989)

After being dispatched by the department of public safety to the scene, the operator shall cooperate with department of public safety employees in removing hazards and illegally parked vehicles, as requested.

(Ord. 515 § 11, 1989)

Only tow trucks bearing the name of the operator's firm, corporation or association name shall be dispatched to the scene of need unless a department of public safety employee at the scene approves the use of a tow truck which is unmarked or showing a name other than the contracting operator's name.

(Ord. 515 § 12, 1989)

Pursuant to California law, the operator shall be responsible for collecting all fees and charges and shall handle and process all lien sales involving vehicles towed and stored by the operator under this chapter; provided, however, that the department of public safety shall handle and process the disposition of low valued vehicles as set forth in Section 22851.2 of the Vehicle Code.

(Ord. 515 § 13, 1989)

Vehicles impounded by the department of public safety for special investigations (i.e. fingerprints, etc.) shall be held in a place of maximum security by the operator until released in writing by the department of public safety. Written release by the department of public safety shall be made within twenty-four hours after first having been impounded, unless there are specific reasons the department of public safety cannot provide for a release within twenty-four hours. Contents of the vehicles with a department of public safety "Hold" shall not be removed without the prior written approval of the department of public safety.

(Ord. 515 § 14, 1989)

The operator shall be responsible for the acts of its employees or agents while on duty. The operator shall assume and be responsible for damage or loss to vehicles while in its possession.

(Ord. 515 § 15, 1989)

The records, equipment and storage facilities of the operator shall be subject to periodic checks by the department of public safety.

(Ord. 515 § 16, 1989)

All vehicles, except vehicles with a department of public safety "Hold," stored or impounded as a result of a tow ordered by the department of public safety shall be made available for the purpose of estimating or appraising damages by the owner of the vehicle or his representative, any insurance agent, any insurance adjuster, any body shop, and/or any car dealer.

(Ord. 515 § 17, 1989)

Vehicles to be appraised shall be accessible to department of public safety personnel. An employee of the operator may be required to assist upon request of the department of public safety.

(Ord. 515 § 18, 1989)

It is unlawful for any person, not a designated tow operator, as provided herein, to remove from the public streets and tow away any vehicles as described herein. However, the owner or driver of any vehicle may designate any towing service for the removal and towing of his own vehicle.

(Ord. 515 § 19, 1989)

Any tow operator that refuses to respond to any call, or refuses to remove an abated or abandoned vehicle may be removed by the director of public safety from the rotation list maintained by the department of public safety.

Any violation of a term or condition outlined in this chapter and/or the signed agreement shall be deemed sufficient cause for cancellation and termination of the agreement by the director of public safety. However, the operator may exercise his/her right to appeal such cancellation and termination to the city manager.

Any appeal shall be by written notice of appeal delivered to the director of public safety within five days of the operator being notified of the action from which the appeal is taken. The director of public safety shall deliver a copy of the notice of appeal to the city manager who shall schedule a hearing on the appeal within fifteen days.

(Ord. 515 § 20, 1989)

It is unlawful for any tow operator, his/her agent or employee, to solicit any tow job under this chapter at the scene of an accident without having first been called by the owner or operator of the disabled vehicle, or by the department of public safety. Any violation of this section will be an infraction.

(Ord. 515 § 21, 1989)

Should a towing operator, under contract with the city, perform any services or act in a manner not in accordance with the provisions contained in this chapter, the department of public safety shall be held harmless from any and all liability or damage arising therefrom and shall not be accountable. All complaints received concerning the quality and standards of service performed by a tow operator shall be investigated and if substantiated, shall be deemed sufficient cause for cancellation and termination of any contract or operating agreement entered into for the performance of such service between the city and the operator.

(Ord. 515 § 22, 1989)

Existing agreements between the city and towing service operators executed prior to adoption of this chapter shall remain in effect until such agreements either expire or are terminated at which time the provisions of this chapter shall apply.

(Ord. 515 § 23, 1989)