San Francisco County Municipal Code Art. 30.1 Permits for Tow Car Firms

Sec. 3050. Permit Required. Sec. 3051. Definitions. Sec. 3052. Application for Permit. Sec. 3053. Application Fees. Sec. 3054. Investigation, Hearing and Issuance of Permit. Sec. 3055. Display of Permit. Sec. 3055.1. Applicability to Existing Tow Car Firms; Time Limit for Filing Application. Sec. 3055.2. Public Right to Know Private Property Towing Laws. Sec. 3056. Grounds for Suspension or Revocation of Permit. Sec. 3057. Removal of Vehicles from Private Property. Sec. 3058. Submission of Proof of Insurance and Other Information. Sec. 3059. Inspection of Vehicles. Sec. 3060. Business Records.

Sec. 3061. Chief of Police Authority to Issue Rules and Regulations. Sec. 3062. Permit Expiration. Sec. 3063. Hearing on Permit Suspension or Revocation. Sec. 3064. Violation: Misdemeanor. Sec. 3065. Severability.

SEC. 3050. PERMIT REQUIRED. No person shall engage in or conduct business as a tow car firm within the City and County of San Francisco without first obtaining a permit from the Chief of Police as hereinafter provided. This Section will become effective when the Board of Supervisors approves a fee schedule for issuance of tow car firm permits. (Added by Ord. 21-97, App. 1/24/97) SEC. 3051. DEFINITIONS. For the purpose of this Article, the following words and phrases shall mean and include: (1) Tow Car Firm or Towing Firm. Any person, firm, partnership, association, corporation, or any other group or combination acting as a unit, excepting the United States, the State of California, and any political subdivision of either thereof, engaged in the business of transporting, removing, or storage of motor vehicles, including the owner/operator of any tow car as herein defined. (2) Tow Car. A motor vehicle which has been altered or designed and equipped for, and exclusively used in, the business of towing vehicles by means of a crane, hoist, tow bar, tow lines, or dolly, or is otherwise exclusively used to render assistance to other vehicles, and as defined in Section 615 of the California Vehicle Code. (3) Applicant. If a sole proprietorship, any person. If a partnership, at least two of the partners. If a corporation, at least two corporate officers. (Added by Ord. 21-97, App. 1/24/97) SEC. 3052. APPLICATION FOR PERMIT. Application for a permit hereunder shall be made upon blank forms prepared and made available by the Chief of Police, or his designee, and shall state the following: (1) The name, signature, residence, telephone number, social security number and State of California driver's license number of the applicant. Post office box numbers are not acceptable; (2) The business's name, business address and telephone number; (3) The make, year, model, color, license number, registered owner, and legal owner, of every tow car that will be operated by the tow car firm; (4) A description of the applicant's business plan, and proposed services to be provided, including, but not limited to, days and hours of operation, all storage locations of towed vehicles, and a system for handling complaints that is acceptable to the Chief of Police; (5) The name and permit number of all employees who shall operate a tow car for applicant's business; (6) Evidence of insurance at least equal to the minimum established in the Chief of Police rules; (7) A record of all crimes of which the applicant has been convicted, plead guilty, or plead no contest; (8) If a partnership, or a corporation, a list of all stockholders holding more than 10 percent, including their names, addresses, dates of birth, and social security numbers. (Added by Ord. 21-97, App. 1/24/97) SEC. 3053. APPLICATION FEES.

An application shall be accompanied by: (1) A fingerprinting fee in the amount specified pursuant to Section 8.23 of the San Francisco Administrative Code to cover the cost of fingerprinting, classifying and searching of the records; (2) A complete set of applicant's fingerprints to be taken by the San Francisco Police Department; (3) Two front view, clear color photographs, approximately one inch by one inch, taken within one month of application, to be furnished by applicant; (4) The filing fee. (Added by Ord. 21-97, App. 1/24/97) SEC. 3054. INVESTIGATION, HEARING AND ISSUANCE OF PERMIT. The Chief of Police, upon receipt of an original or renewal application, shall make an investigation without unnecessary delay, hear the application and grant such application unless he finds: (1) Applicant does not possess or cannot obtain the minimum amount of bodily injury and/or property damage insurance as required by the Chief of Police rules; or (2) The applicant does not possess the requisite tow car equipment or facilities reasonably necessary to operate a tow car business in such a manner as to adequately protect vehicles of the public that are towed and stored from damage or theft; or (3) The applicant has been convicted of theft, petty theft, theft of a vehicle, breaking or removing vehicle parts, malicious mischief to vehicle, check fraud, credit card fraud, driving under the influence of alcohol or drugs, vehicular manslaughter, reckless driving bodily injury, any sex offense which would cause the applicant to be registered as a sex offender, any unlawful carrying, use or possession of a firearm, any assault or battery (misdemeanor or felony), kidnapping, arson, extortion, murder, possession of alcoholic beverage, opened alcohol container, marijuana, or narcotic drug while driving, bailee tampering; or (4) The applicant has knowingly falsified any statement contained in his application, or has knowingly omitted information in his application which could result in a denial of the permit; or (5) The applicant does not possess or cannot obtain an FDIC-authorized bank credit card machine. (Added by Ord. 21-97, App. 1/24/97) SEC. 3055. DISPLAY OF PERMIT. Every towing firm, or person to whom or for whom a permit to operate a tow car firm has been granted pursuant to the provisions of this Article, shall display said permit in a conspicuous place within the tow car firm business address, so that the same may be readily seen by persons entering the premises. (Added by Ord. 21-97, App. 1/24/97)

APPLICATION. All tow car firms operating on the effective date of this Article must file an application for a permit within 90 days of the effective date of this Article; failure to do so shall make continued operation of said tow car firm a violation of the permit requirements of this Article. (Added by Ord. 21-97, App. 1/24/97)

(a) Findings. The Board of Supervisors finds: (i) that there are frequent incidents of illegal towing from private property in San Francisco; and

(ii) that there is a significant risk to the safety of residents and visitors when illegal towing from private property occurs at night; and (iii) that there is a risk to public health and safety when the vehicles of senior citizens and persons with disabilities are illegally towed from private property; and (iv) that illegal towing from private property affects vulnerable populations when people of limited economic means are required to pay hundreds of dollars to recover their vehicle, or are subjected to deficiency claims by collection agencies if they could not afford to pick up their vehicle even though the vehicle was illegally towed; and (v) that the rights of vehicle owners when their vehicle is towed from private property, as described in the California Vehicle Code, are extremely difficult for citizens and visitors to find and understand, especially for non-English speakers or those who speak English as a foreign language; and (vi) that there are no accessible resources for people to research their rights and responsibilities with respect to private property tows; and (vii) that requiring tow car firms to provide information on the legal rights of vehicle owners at the time they reclaim their vehicle would be an effective way of informing vehicle owners of their rights under California law when their vehicle is towed from private property; and (viii) that preventing illegal conduct by tow car operators when towing from private property would reduce the economic burden on residents and visitors by eliminating the need to go to small claims court after a vehicle owner has already paid to reclaim the vehicle; and (ix) that consistent adherence to legal towing practices will substantially increase the quality of life for residents and the experience of visitors to San Francisco. (b) Definitions. For the purposes of this Article, "Brochure" shall mean a concise summary of California law, including the maximum rate that can be legally charged for a private property tow and the rights and responsibilities of all parties who participate in towing from private property: real property owners, vehicle owners, tow car operators and tow car firms. (c) Duties of tow car firm permittees. Every towing firm, or person to whom or for whom a permit to operate a tow car firm has been granted pursuant to the provisions of this Article shall display the Brochure in Chinese, Spanish and English in a conspicuous place in the location where a vehicle owner must come to reclaim their towed vehicle so that the Brochure may be easily seen by any person who is reclaiming their vehicle. A vehicle owner reclaiming their vehicle must also be able to take a copy of the Brochure in any language without assistance from any employee of the tow car firm and before they have paid to reclaim their vehicle. The tow car firm must maintain at least 50 copies of the brochure in each language on the premises at all times. (d) Duties of the Police Department. The Police Department shall: (i) Develop the Brochure within 30 days of the effective date of this ordinance; and (ii) Arrange for translation of the Brochure into Chinese and Spanish; and (iii) With the assistance of the City Attorney's Office, review the Brochure after July 1 of each year, and revise any provisions that are changed by state legislation or changes in public towing contract prices; and (iv) Arrange for production of the Brochure in sufficient quantities for all tow car firm permittees and any City department that wishes to display the Brochure; and (v) Provide copies of the Brochure and display stands that are adequate to display the Brochure in all of the required languages to any tow car firm permittee in sufficient quantities to ensure the tow car firm's compliance with this Section, and to City departments upon request; and (vi) Post the Brochure, contact information for the San Francisco Small Claims Court and the District Attorney's Office Consumer Protection Unit, and a list of current tow car firm permittees on the Police Department's website. (e) Funding. All costs of production, translation and distribution of the Brochure and display stands shall be recovered by the Police Department from the permit fees assessed for tow car firm and tow car operator permits. (f) Penalties and Enforcement. Any tow car firm that fails to comply with the requirements of subsection (c) of this Section may be assessed an administrative penalty by the Police Department in accordance with San Francisco Administrative Code Chapter 100, a copy of which is on file in Board of Supervisors File No. 081452 and which is hereby incorporated by reference. The penalty for a violation shall be $500. (Added by Ord. 11-09, File No. 081452, App. 1/16/2009) SEC. 3056. GROUNDS FOR SUSPENSION OR REVOCATION OF PERMIT. The Chief of Police may suspend or revoke any tow car business permit for any of the following reasons or the reasons listed in Section 3054 for denial of a permit: (1) Within five years prior to the date of application the applicant has been convicted of any of the following crimes: Theft, petty theft, theft of a vehicle, breaking or removing vehicle parts, malicious mischief to vehicle, check fraud, credit card fraud,

driving under the influence of alcohol or drugs, vehicular manslaughter, reckless driving bodily injury, any sex offense which would cause the applicant to be registered as a sex offender, any unlawful carrying, use or possession of a firearm, any assault or battery (misdemeanor or felony), kidnapping, arson, extortion, murder, possession of alcoholic beverage, opened alcohol container, marijuana, or narcotic drug while driving, or bailee tampering; (2) The imposition of towing, storage or other charges in excess of the maximum rate established by the City and County of San Francisco for its contracted tow car firms; (3) Unauthorized charges added to the tow fee, including use of special equipment, release fees, administrative fees or other charges added to the tow fee; (4) The towing or removal of any vehicle from public or private storage in other than a duly authorized manner; (5) Failure to maintain in full force and effect the required bodily injury and property damage insurance; (6) Employing any person as a tow car operator who has not been issued a valid tow car operator's permit by the San Francisco Police Department; (7) Knowingly falsifying a tow car firm application or insurance certificate, or intentionally omitting from an application facts which could have resulted in a denial of the permit; (8) Failure to report towed vehicles as required by law and Chief of Police rules; (9) Falsification of any document used in the course of business as a tow car firm; (10) Failure to take reasonable steps to prevent violations of the law by employees in the course and scope of their employment; (11) Failure to permit peace officers the ability to inspect the tow car firm premises or operations thereof. (Added by Ord. 21-97, App. 1/24/97) SEC. 3057. REMOVAL OF VEHICLES FROM PRIVATE PROPERTY. Each tow car firm shall contact the Municipal Transportation Agency Tow Desk within 30 minutes after departing private property with the towed vehicle. The tow car operator shall report the license number of the vehicle towed, the vehicle identification number if the license number is not available, the name of the tow car firm towing the vehicle, the tow car operator's name and permit number, the location the vehicle has been towed from, the time the vehicle was towed, the year, make and color of the vehicle and the location where the vehicle is being stored, the telephone number where the tow car firm can be reached, and the name of the person authorizing the tow. (Added by Ord. 21-97, App. 1/24/97; Ord. 287-08, File No. 081340, App. 12/5/2008) SEC. 3058. SUBMISSION OF PROOF OF INSURANCE AND OTHER INFORMATION. (a) Permit holders shall submit, semiannually, evidence of insurance for all vehicles utilized in the course of the tow car business. (b) Permittee shall, annually, provide evidence of registration for all vehicles. (c) Permittee shall notify the Police Department of changes in the number of tow vehicles. (d) Permittee shall notify the Police Department of changes in tow car drivers' employment status and permit number. (Added by Ord. 21-97, App. 1/24/97) SEC. 3059. INSPECTION OF VEHICLES. Tow car firm vehicles may be inspected for code and safety violations by any peace officer. (Added by Ord. 21-97, App. 1/24/97) SEC. 3060. BUSINESS RECORDS. Each tow car firm shall maintain a record of each vehicle towed, and shall retain such record for three years and shall make those records

available for inspection by any peace officer. (Added by Ord. 21-97, App. 1/24/97) SEC. 3061. CHIEF OF POLICE AUTHORITY TO ISSUE RULES AND REGULATIONS. The Chief of Police may, after a noticed public hearing, adopt such rules and regulations to effect the purposes of this Article as are not in conflict therewith. (Added by Ord. 21-97, App. 1/24/97) SEC. 3062. PERMIT EXPIRATION. The permit shall expire one year from the date of issuance, and shall be renewable thereafter upon an annual basis, and upon payment of the annual license fee. The license fee shall be paid annually on or before March 31, in accordance with the provisions of Section 76.1 of the Business and Tax Regulations Code.* (Added by Ord. 21-97, App. 1/24/97; amended by Ord. 238-11, File No. 111101, App. 12/15/2011, Eff. 1/14/2012) SEC. 3063. HEARING ON PERMIT SUSPENSION OR REVOCATION. The Chief of Police may suspend or revoke a permit issued hereunder if after hearing on the matter he or she finds that grounds exist which would have constituted just cause for refusal to issue such permit or the existence of any basis for suspension or revocation listed in Section 3056. Written notice of the hearing, setting forth the time and place of hearing, and a brief statement of the reason for the proposed suspension or revocation, shall be served on or mailed to the permittee at his or her residence, or place of business, as listed on his permit application, at least 10 days in advance of hearing. Any permit which is revoked shall not be renewed less than one year from the date of revocation. (Added by Ord. 21-97, App. 1/24/97) SEC. 3064. VIOLATION: MISDEMEANOR. Violation of Sections 3050 or 3055 herein shall be a misdemeanor, punishable by a fine not to exceed $1,000, or by imprisonment in the County Jail for a term of not more than six months, or by both such fine and imprisonment. (Added by Ord. 21-97, App. 1/24/97) SEC. 3065. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Article, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Article or any part thereof. The Board of Supervisors hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. (Added by Ord. 21-97, App. 1/24/97)