San Rafael Municipal Code Ch. 10.84 Tow Car Business and Operators

No person, firm, partnership, or corporation shall engage in the business of towing motor vehicles from public and private property and/or specially reserved private customer parking areas serving business, commercial, professional and industrial establishments within the city requiring the use of public streets to complete the towing services without first having obtained a permit therefor.

(Ord. 1166 § 1 (part), 1974).

All owners and/or associations of owners owning, leasing, controlling and using lands reserved for the parking of motor vehicles by their customers, patrons and business invitees shall place and erect appropriate signs giving notice that parking is limited to such customers, patrons and business invitees, and that unauthorized parking by others will subject the removal of their motor vehicles at registered owner's cost and expense, and in accordance with established towing rates approved by the city council and on file at both the office of the city clerk and the chief of police. The signs shall comply with the provisions of the Vehicle Code of the state.

(Ord. 1166 § 1 (part), 1974).

Applications for tow car operator's permit issued under this chapter shall be filed with the chief of police and shall contain the following information:

(1) The type of ownership of the tow car business, i.e., whether individual, partnership, corporation, etc.;

(2) The names, addresses of the owners of the business and if such owner is a corporation, of the officers of such corporation;

(3) The name and style under which the business is to be conducted;

(4) The business address and telephone number of the business;

(5) The names and residence addresses of all employees of the business and the nature of their employment;

(6) A schedule of rates to be charged for towing services, which rates shall be approved by the city council;

(7) Such other information as the chief of police deems necessary in connection with the application, including violations of law;

(8) A deposit equal to the amount of the annual business license fee, plus a fee for the processing of the application. The amount of said fee shall be set by resolution of the city council.

(Ord. 1166 § 1 (part), 1974).

Upon receiving the application for a tow truck operator's permit, the chief of police shall conduct an investigation into the applicant's moral character and business integrity and may, in connection with such investigation, require any applicant for a tow car operator's license or any officer or employee of any applicant for a tow car operator's permit to submit full fingerprints and photographs.

(Ord. 1549 § 5 (part), 1988: Ord. 1166 § 1 (part), 1974).

The chief of police shall issue a permit if he finds that the applicant and his principal officers and employees are of good moral character and have a history of good business practice in this kind of activity.

(Ord. 1549 § 5 (part), 1988; Ord. 1166 § 1 (part), 1974).

All licenses issued under this chapter shall be for a term of one year, renewable on written notice to the chief of police and accompanied by the payment of the annual business license fee as set by the business license ordinance. Such renewal, however, shall be subject to the recommendation of the chief of police.

(Ord. 1549 § 5 (part), 1988; Ord. 1166 § 1 (part), 1974).

A fee for background investigation of tow truck operators shall be set by resolution of the San Rafael city council.

(Ord. 1549 § 5 (part), 1988: Ord. 1235 § 7, 1976).

The chief of police shall act upon an application for a permit within ten days after the filing thereof. If the chief of police disapproves the application he shall, within five days after such disapproval, notify the applicant by mail of his action, stating the reasons for his disapproval.

(Ord. 1549 § 5 (part), 1988: Ord. 1166 § 1 (part), 1974).

Any person whose application is disapproved by the chief of police shall have the right to appeal from such disapproval to the city council. Such appeal shall be taken by filing with the city council a notice of such appeal no later than ten days after the mailing of the notice of disapproval by the chief of police. The appeal shall be heard by the city council within fifteen days from and after the filing of the notice of appeal. After the council has heard the appeal, it may either overrule or affirm the action taken by the chief of police. If it overrules the chief of police, he shall thereupon issue the permit to the applicant.

(Ord. 1549 § 5 (part), 1988; Ord. 1166 § 1 (part), 1974).

If after the issuance of a permit pursuant to the provisions of this chapter, facts and matters showing bad moral character of any permittee or its principal officers or employees are submitted to the city council, the city council may, after hearing thereon, revoke any permit theretofore issued; provided, that it shall give any such permittee an opportunity to be heard.

(Ord. 1549 § 5 (part), 1988; Ord. 1166 § 1 (part), 1974).

The provisions of this chapter shall not apply to any governmental or public agency or to any of its officers and employees acting in the course and scope of such employment. Nor shall these provisions apply where the towing service is exercised only in emergency road service situations.

(Ord. 1549 § 5 (part), 1988; Ord. 1166 § 1 (part), 1974).

None of the provisions of this chapter shall exempt tow car operators from applicable state laws.

(Ord. 1549 § 5 (part), 1988: Ord. 1166 § 1 (part), 1974).