Sanger Municipal Code § 86-116 Application for placement on rotation list

Footnotes:

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Editor's note— Ord. No. 2022-02, §§ 1, 2, adopted March 17, 2022, repealed the former art. III, §§ 86-111—86-136, and enacted a new art. III as set out herein. The former art. III pertained to similar subject matter and derived from Ord. No. 859, §§ 1(11.40, 11.41(a), 11.41(b), 11.42—11.65), adopted Dec. 5, 1991; Ord. No. 927, § 1, adopted Feb. 16, 1995.

State Law reference— Municipal regulation of tow truck services, Vehicle Code § 21100(g).

This article shall be known as the Tow Truck Ordinance of the City of Sanger.

(Ord. No. 2022-02, § 2, 3-17-22)

Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this article, and, except to the extent that a particular word or phrase is otherwise specifically defined in this section, the definitions and provisions contained in section 1-2 of the Sanger Code shall also govern the construction, meaning, and application of words and phrases used in this article unless the particular provisions or the context otherwise requires. Whenever any words or phrases used herein are not defined, but are defined in the Vehicle Code of the State of California, and amendments thereto, such definitions shall apply. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be.

Non-exclusive franchise means non-exclusive franchise granted by the council in accordance with Article XIII of the Charter of the City of Sanger for purposes of participating with the police department's rotation list.

Police chief means the police chief of the City of Sanger or his or her designee.

Police impound means a written direction from the police officer on the scene to store the vehicle to be towed in a secured area until released by police department personnel. It is the discretion of the police officer to store the vehicle in either an inside or outside storage facility.

Rotation list means a list of tow truck companies engaged in the business of providing tow truck service, which list shall be maintained by the police chief for the purpose of rotating police dispatch of tow trucks in accordance with the provisions of this article, a tow agreement, and other applicable laws.

Tow agreement means a non-exclusive franchise tow agreement entered into between the city and an owner of a tow truck that defines the obligations, procedures and terms of the tow truck company being placed on the rotation list, signed by the police chief, and approved by the city attorney's office.

Tow truck means a motor vehicle which has been altered or designed and equipped for and primarily used in the business of towing vehicles by means of a crane, hoist, tow bar, tow line or dolly, or is otherwise primarily used to render assistance to other vehicles. A "roll-back carrier" designed to carry up to two vehicles, and a trailer for hire that is being used to transport a vehicle shall also be considered a tow truck under this article. An automobile dismantler's tow vehicle or a repossessor's tow vehicle shall not be considered a tow truck for purposes of this article.

(Ord. No. 2022-02, § 2, 3-17-22)

It is the intent of this article to regulate the operation of tow truck services dispatched by the police department pursuant to the authority conferred by the Vehicle Code.

(Ord. No. 2022-02, § 2, 3-17-22)

Except as otherwise provided in section 86-115, the police chief shall dispatch tow trucks to perform tow truck services on a rotation basis from a rotation list established and maintained in accordance with the provisions of this article, and a tow agreement with the police department.

(Ord. No. 2022-02, § 2, 3-17-22)

This article shall not apply to the following:

(1) Tow truck services performed by automobile clubs, automobile associations or garages specified by the owner or driver of the towed vehicle;

(2) Tow truck services performed for the abatement and removal of abandoned, wrecked, dismantled or inoperable vehicles or parts thereof pursuant to Section 22660, et seq., of the Vehicle Code; or

(3) Tow truck services performed on an emergency basis to eliminate a dangerous or hazardous condition as determined by the police department, when the dispatcher determines that another tow truck can provide the most expeditious response; or

(4) Tow truck services performed for the removal and storage of evidence vehicles.

(Ord. No. 2022-02, § 2, 3-17-22)

Any person engaged in the business of providing tow truck services and desiring to be placed on the rotation list shall submit a signed application for a non-exclusive franchise to the police chief along with a processing fee, if any, as established by city council resolution. The application shall be in a form approved by the police chief and shall include the following:

(1) The applicant's name, home address, business address, and telephone numbers, including the names of persons doing business under fictitious names, members of partnerships, and officers of corporations or associations;

(2) A list of vehicles which will be used as tow trucks including a full description of each vehicle and its license number;

(3) The location of the applicant's place of business and storage facility; and

(4) Such other and further information as the police chief may require.

(5) No Tow Truck company shall accrue any vested rights as a result of being a party to a non-exclusive franchise tow agreement, nor will any tow truck company be guaranteed placement on subsequent non-exclusive franchise tow agreements for the sanger police department. All applicants for any subsequent non-exclusive franchise tow agreement will be reviewed and considered for inclusion at the time of the issuance of the subsequent non-exclusive franchise tow agreement. Tow truck company owners may be subject to an interview process and an inspection prior to approval.

The application shall be made under penalty of perjury and shall not be accepted unless it is completely and clearly filled out with all required information.

(Ord. No. 2022-02, § 2, 3-17-22)

The police chief shall cause an investigation to be made of the facts stated in the application, and shall within thirty days after completion of the investigation place the applicant on the rotation list subject to applicant's execution of a tow agreement, unless any one of the following exists:

(1) The applicant has previously been removed from the rotation list for violations of the tow agreement for the police department;

(2) A material statement made in the application is untrue;

(3) A fact exists of which the police chief has knowledge which would be cause for removal or suspension of the applicant from the rotation list;

(4) The applicant's business or storage facility is not located within the geographical boundaries as set forth in the tow agreement for the police department;

(5) The applicant has a felony conviction; or

(6) The applicant is unable to comply with the provisions of this article.

The reasons for the denial shall be stated in writing and sent to applicant within 20 days after submission of the application. the applicant may appeal the denial in the manner provided in section 86-126.

(Ord. No. 2022-02, § 2, 3-17-22)

Tow truck operators designated on the police department's rotation list shall enter into a written tow agreement with the police department on a standard form agreement approved by the city attorney. Each tow agreement shall contain eligibility requirements, operating regulations, indemnity and defense obligations, and additional requirements for the implementation of this article.

(1) All operator franchises granted pursuant to this article shall be non-exclusive and shall be for a term as specified in the tow agreement.

(2) Each operator shall be subject to the terms and conditions specified in this article as well as any terms or conditions specified its respective tow agreement.

(3) An operator who applies for inclusion on the rotation list and attendant tow agreement shall pay a processing fee, if any, as established by resolution of the city council.

(Ord. No. 2022-02, § 2, 3-17-22)

No person shall assign or subcontract their tow agreement with the police department under this article to another person except by written approval of the police chief.

(Ord. No. 2022-02, § 2, 3-17-22)

Each operator shall have and maintain a valid license to do business in the city at all times during the term of its tow agreement. Operators shall maintain the following minimum equipment and driver qualifications and standards:

(1) For operators providing services pursuant to this article:

a. Experience: Operators on the police department rotation list shall have a minimum of three years verifiable for-hire towing experience as an owner of a towing company or service. Operators who do not meet the three years verifiable for-hire experience as an owner of a towing company or service may be considered if a full-time manager is employed by the operator who possesses three years verifiable for-hire experience, as an owner or full-time manager. For the purposes of this subsection, the term "manager" shall mean (i) any person who supervises, manages, directs, organizes, controls or in any other way is responsible for or in charge of the overall operation, conduct or activities of the towing company, and (ii) is approved as such by the chief of police in writing. If such manager ceases to be employed by the towing company, that operator shall be suspended until a new manager is approved by chief of police.

b. Operators shall provide to police department any such information as may be reasonably requested for each driver operating any operators' towing vehicles, and/or such information as may be required by an operator's tow agreement.

(2) For towing equipment used in the course of providing services pursuant to this article:

a. California Highway Patrol ("CHP") and Vehicle Code compliance: All tow trucks used hereunder by operators shall comply with all provisions of the California Vehicle Code that apply and shall meet or exceed the standards set forth in the CHP 234B Tow Truck Inspection Guide. At all times during their authorized services pursuant to this ordinance, operators shall have a minimum of two serviceable tow trucks, at least one of which shall be a recovery truck, at least one other a car-carrier.

b. Signs: All tow trucks shall display signs on both sides of the truck specifying the operator's company name, business address, and telephone number. The signs shall be permanently affixed to the truck. The letters and numbers of the sign shall not be less than two inches in height and shall be of a contrasting color to the background upon which they are placed as required by California Vehicle Code Section 27907.

c. Color: Tow trucks shall be uniformly painted with the same company color and logotype. Operators may have tow trucks in its fleet with specialty detail paint; however, the copy logotype on any such vehicle must be readily identifiable and visible to the public.

d. Safety: Operators shall only use tow vehicles or units that have passed safety inspections conducted by the California Highway Patrol. Such vehicles shall also comply with the provisions of Sections 24605, 25253, 25300, 27700, and 27907 of the California Vehicle Code and all other applicable safety laws, rules and regulations.

e. Rate sheets: The schedule of rates charged by an operator shall be kept in each tow truck, and shall be presented upon demand to person(s) requiring towing services or his/her agent, or any law enforcement officer at the scene of the tow.

(3) For drivers and personnel providing services pursuant to this article:

a. All operators' tow truck drivers shall be properly licensed by the State of California (i.e. minimum Class A or C), shall be at least 18 years of age and shall have a minimum of six months experience as a towing operator driver or, alternatively, not less than three months of such experience plus successful completion of the "Light Duty Level I" training certificate issued by the California Tow Truck Association, or comparable training provided by the California State Automobile Association, Towing and Recovery Association of America ("TRAA"), Prometric or other such recognized training program meeting the standards established by the California Highway Patrol.

b. Operators shall ensure that the tow truck drivers are qualified and competent employees of the operator. Operators shall ensure that their tow truck drivers are trained and proficient in the use of the tow truck and related equipment, including, but not limited to, the procedures necessary for the safe towing and recovery of the various types of vehicles serviced through the police department rotational tow list.

c. Operators shall ensure that their tow truck drivers and other personnel present an image and personal appearance that instills confidence in the general public. This shall include, but not be limited to:

1. Tow truck drivers and other personnel must wear jackets or shirts bearing their company's logotype or name. The logotype or name shall be of a size and in a location that is clearly visible to the public (T-shirts, long sleeve shirts, button up or zip up jackets or short-sleeve shirts are acceptable). Shirts shall not be worn unbuttoned or unzipped. Tow truck drivers and other personnel shall present a neat and clean personal appearance consistent with good grooming and personal hygiene standards.

2. Tow truck drivers and other personnel must wear clothing appropriate for the job being performed. Police department personnel shall have the discretion to determine if the individual's clothing and appearance satisfies these minimum standards of appearance (e.g. safe shoes, appropriate shirt, etc.).

d. Operators shall maintain a current list of all tow truck drivers and shall provide such list to the city's police department as provided in this subsection. Operators shall have at least one full-time/part-time employee(s) qualified as provided in subsection (c)(1) above. Operators shall promptly notify the police department in writing of any change in driver status, including the addition of any new driver(s), or the deletion of any driver(s). An updated written list of driver(s) shall be provided to the police department within seven calendar days of any change in driver status.

(Ord. No. 2022-02, § 2, 3-17-22)

All persons on the rotation list shall:

(1) Comply with all laws of the state pertaining to tow trucks and tow truck service and all provisions of the tow agreement with the police department, all city zoning requirements, and business license requirements;

(2) Charge reasonable towing fees not in excess of those charges that would have been charged for that towing or storage under the tow agreement or if the private property is not located within the city, then the law enforcement agency that exercises primary jurisdiction in the county in which the private property is located; and

(3) Comply with such other rules and regulations promulgated by the police chief.

(Ord. No. 2022-02, § 2, 3-17-22)

Operators on the police department rotation list shall maintain a storage lot within five miles of the city in an appropriately zoned district with adequate and secure storage space to accommodate towed vehicles. Operators are to have access to a secured building with the capacity for the storage of at least ten vehicles. Storage lots and secured buildings must be designed so that (i) stored vehicles are reasonably screened from public view, and (ii) vehicles and their contents are kept safe from pilfering, tampering, vandalism and theft.

(1) Vehicles may be stored at alternative storage facilities outside of the city only under special circumstances acceptable to the city and with prior notification to the police department.

(2) Operators shall be responsible for the security of stored vehicles and property at their places of storage. Provisions for the security of vehicles and property at the place of storage shall be provided to the written satisfaction of the police department.

(3) Operators shall also be responsible for the reasonable care, safekeeping and control of any property contained in towed or stored vehicles.

(4) Operators shall maintain an outdoor storage facility that shall be enclosed by a permanently secured fence or wall measuring not less than six feet in height. Chain link fencing shall have properly fitted privacy slats of the same color, or a color that blends into the surrounding buildings and/or landscape, and which minimizes public view of stored vehicles.

(5) Operators shall not change the location of their storage facility(ies) specified to, and approved by, the city for inclusion on the police rotation list without first notifying and obtaining the prior written approval from the police department.

(6) Operators shall display in plain view to the public at all tow offices and yards a sign displaying all towing, storage and release fees and charges then in effect, including, but not limited to, the operator's maximum storage rate.

(7) Operators shall maintain all offices and yards in an environmentally safe condition compliant with all environmental laws and regulations.

(Ord. No. 2022-02, § 2, 3-17-22)

The police department shall rotate its requests for the services of towing vehicles among the operators on the police department's rotational list for such vehicles. The rotation procedure shall be operated as follows:

(1) When an operator is given and completes a call, that operator shall move to the bottom of the rotation list.

(2) Whenever more than one tow truck is needed to respond to a call for service, a separate operator shall be called for each truck. Each operator called shall be credited with a call and moved to the bottom of the rotation list in the order called. The police department has the discretion to use one operator at a scene for servicing multiple vehicles to maximize vehicle removal, traffic control and/or law enforcement.

(3) Whenever the driver or owner of a disabled vehicle specifies a particular club, association or tow service to be called to provide service, such calls shall not constitute a "rotation" call. This practice shall also be followed if the owner or his/her representative requests an operator authorized to tow on behalf of a named insurance company.

(4) If the police department is unable to reach the operator in the first position on the rotation list for a call, or is unavailable as otherwise requested, or if the operator accepts a call and is subsequently unable to respond as required, that operator shall be credited with a call and moved to the bottom of the rotation list.

(5) If the police department, in its judgment, determines that the operator in the first position on the rotation list, or as otherwise requested for service, is improperly equipped or otherwise incapable of adequately or efficiently responding to a specific call, the department may pass over that operator and continue down the list until it reaches an operator it considers capable of adequately responding to the call. If no operator on the list has the necessary skills or equipment to adequately respond, the department may request service from an operator not on the rotation list. A change from the normal rotation procedure under these circumstances does not alter any operator's position on the rotation list, except that the operator actually chosen shall be credited with a call and moved to the bottom of the list.

(6) Whenever an authorized police department employee determines that an emergency exists because an operator is unable, for any reason, to provide adequate tow service, the police department employee shall have the right to have such duties performed by any other means, starting with other operators on the rotation list, that most readily available to address the emergency in the most efficient and safe manner.

(7) The police department shall maintain rotation records and make them available for inspection to operators and the public upon request.

(Ord. No. 2022-02, § 2, 3-17-22)

Any tow truck company placed on the rotation list may be suspended by the police chief from such list if the tow truck company fails to comply with any of the conditions, regulations or requirements of this article. Upon learning of grounds for suspension, the police chief shall immediately, by written notice, inform the owner of the tow truck company of the suspension. the police chief may reinstate the tow truck company to the rotation list upon satisfactory proof that the tow truck company is in compliance with the conditions, regulations, and requirements of this article and has completed its suspension.

(Ord. No. 2022-02, § 2, 3-17-22)

Any tow truck company placed on the rotation list may be removed from such list in accordance with the provisions of the tow agreement for the police department.

Upon learning of grounds for removal, the police chief shall immediately, by written notice, inform the owner of the tow truck company of the action of removal.

(Ord. No. 2022-02, § 2, 3-17-22)

Any action for denial of an application and any tow truck company suspended in excess of 30 days or removed from the rotation list, shall have the right to appeal such order under chapter 1, article III of the Sanger City Code. If no appeal is filed within the time prescribed, the action of the police chief shall be final. Notwithstanding any other provision of this Code including chapter 1, article III, in the event that any appeal is filed, the appellant shall not be allowed to participate in any tows or be placed on the rotation list until such time as the police chief finds that the appellant is entitled to be reinstated on the rotation list.

(Ord. No. 2022-02, § 2, 3-17-22)

The police chief is authorized to promulgate administrative rules and procedures for the successful and effective implementation of this article including establishing, amending, updating, restating and entering into towing agreements subject to approval by the city attorney. Said administrative rules and procedures shall be in writing.

(Ord. No. 2022-02, § 2, 3-17-22)