Chapter 5.30 — TOWING OF VEHICLES

For the purpose of this chapter, certain words are defined:

"Applicant" means a person who applies for a towing permit pursuant to this chapter.

"Board" means the Board of Fire and Police Commissioners of the City of Santa Barbara.

"Emergency towing" means the towing of a vehicle when requested by an officer of any law enforcement agency acting under authority of law or any City official or employee acting in his official capacity.

"Non-emergency towing" means the towing of a vehicle (1) that has been involved in a collision, but has been removed from the scene; (2) that has experienced mechanical failure, but is not on the roadway or has been removed from the roadway and no longer constitutes a hazard; or (3) that, being mechanically operative, is towed for convenience.

"Involuntary towing" means towing of a vehicle pursuant to the provisions of California Vehicle Code §22650 et seq. when requested by someone other than the legal owner, registered owner, driver or other person in control of a vehicle.

"Permittee" means any person issued a towing permit pursuant to this chapter.

"Service" means formal delivery of a document and shall be deemed to be completed when a document has been (1) personally delivered, or (2) has been enclosed in a sealed envelope addressed to the applicant or permittee with postage thereon fully prepaid and said envelope has been deposited in a United States mailbox.

"Towing operation" means the activity of towing vehicles for compensation within the City. Towing operations shall include the storing of vehicles and all other services performed incident to towing.

(Ord. 3970, 1978)

• A. Permit Required, Term and Fee. No person shall engage in, manage, conduct or operate a towing operation business without a towing permit which shall be obtained from the offices of the Tax and Permit Inspector. The period for issuance of a towing permit shall be three years and the fee for such permit shall be established by resolution of the City Council.

• B. Exemptions. The provisions of this chapter shall not apply to any towing operation that provides tow service:

  1. Exclusively to members of an association, automobile club, or similar organization and receives remuneration only from the sponsoring association, automobile club or similar organization;

  2. Without charge or fee for other vehicles owned or operated by the individual or organization furnishing the tow services;

  3. For other vehicles owned or operated by the individual or organization furnishing the tow service, but which are being operated under terms of a rent or lease agreement or

  • contract, and such towing is performed on a non-profit basis or said fee is a part of the rent or lease agreement or contract; and

• C. Imposition of Conditions - Towing Operation Permit. In granting any permit under this chapter, the Board may impose such reasonable conditions relative to the activities of towing operations as it may be necessary for the protection of the public peace, safety, health or welfare and such conditions shall be consistent with the provisions of this chapter.

• (Ord. 3970, 1978; Ord. 4010 §1, 1979)

• A. Provisions Supplemental to Business License Regulations. The provisions of this chapter are intended to augment and be in addition to the provisions of Title 5 providing for a business license tax. Whenever the provisions of this chapter impose a greater restriction upon persons, premises or practices than is imposed by the general business license regulations, the provisions of this chapter shall control.

• B. Business Location. Any person conducting a towing operation business shall maintain a physical location from which said business is directed. Such physical location shall provide an office with an adequate yard for vehicle storage and the location of the yard shall be subject to the approval of the Board.

• C. Change of Location. A change of location shall be endorsed on a towing permit upon a written application by the permittee, subject to the approval of the Tax and Permit Inspector. The permittee shall notify the Tax and Permit Inspector of any change of location within five days after a move.

• (Ord. 3970, 1978)

• A. Signs and Notices. Each permittee shall maintain a sign listing the rates and charges of all services offered. Such sign shall be conspicuously placed in the office or other place where customer financial transactions take place. The letters on such signs shall be a minimum of one-inch high with one-quarter-inch stroke. The letters shall be a contrasting color from the background.

• B. Filing of Rates and Charges.

  1. Applicants for towing operation permits shall file a schedule of maximum rates and charges for each service offered with their application. No charge more than the rates and charges specified in such schedule shall be made except as herein provided.

  2. Changes in maximum rates and charges shall be made by written notice containing the new schedule of rates and charges to the Board at least 10 days prior to becoming effective. A duplicate copy of such notice shall be posted for a period of 10 days in the office next to the posted schedule of the existing rates and charges. Upon the expiration of the 10-day period, the maximum rate and charge schedule shall be changed in accordance with such notice, except that the rates and charges for emergency and involuntary towing shall only become effective as set forth in subsection C below.

• C. Emergency and Involuntary Requested Maximum Towing Rates. Maximum rates and charges for any emergency or involuntary towing assignment shall be subject to the prior approval of the Board. The approval of said rates and charges shall become effective 30 days after the action of the Board is final unless an appeal is perfected pursuant to Section 5.30.090.

• (Ord. 3970, 1978; Ord. 4010 §1, 1979)

• A. Each permittee shall provide for release of vehicles during the hours established by the Board. The Board shall establish hours for the release of vehicles pursuant to Section 5.30.120. A permittee may additionally release vehicles on other days and hours. Each permittee shall accept as payment valid Visa and Master Charge credit cards and payment by check accompanied by a valid bank check guarantee card which will guarantee such payment.

• B. If a vehicle is removed by a permittee, the owner or person entitled to possession thereof shall be given notice of the options available to recover the vehicle and protest the charges. If the recovery of the vehicle and protest of the charges are not covered by Section 10.44.025 of this code, the procedure for recovery and protest is as follows:

  1. Pay the charges for towing and storage and protest such charges by filing an appeal to the Board, within five days after the release of the vehicle.

2. Post security for the towing and storage charges which is satisfactory to the permittee and protest such charges by filing an appeal to the Board within five days after the release of the vehicle. The Board shall adopt rules for the protest appeal and its decision shall be binding upon the permittee. Nothing in this section shall prohibit the Board from adopting further rules and regulations concerning the release of vehicles.

(Ord. 3970, 1978; Ord. 4010 §3, 1979)

When requested, each permittee shall furnish an itemized statement to the person who authorized the towing service, or his or her agent. Such permittee also shall furnish an itemized statement of services performed, labor and special equipment used in completing tow of vehicle and of the charges made therefore upon the request of:

• A. The registered owner; or

• B. The legal owner; or

• C. The insurance carrier of either the registered owner or the legal owner; or

• D. The duly authorized agent of the registered owner, the legal owner, or the insurance carrier. Such permittee shall furnish a copy of the statement to any person authorized to receive the statement without demanding payment as a condition precedent.

• (Ord. 3970, 1978)

• A. Towing Authorization. A permittee shall not attach a vehicle to a tow unit on a nonemergency towing assignment without first receiving authorization to do so by the registered owner, legal owner, driver, or other person in control of said vehicle.

• B. Vehicle Repair or Alteration, When Permitted. A permittee hereunder shall refrain from making any repairs or alterations to a vehicle without first being authorized by one of the persons listed in Section 5.30.060. Parts or accessories shall not be removed from vehicle without authorization except as necessary for security purposes. Under such circumstances the parts or accessories removed shall be listed on the itemized statement and stored in the business office. This section shall not be construed to prohibit permittees from making emergency alterations necessary to permit the removal by towing of such vehicle.

• C. General. The general prohibitions common to all businesses as specified in Title 5 shall be applicable.

• (Ord. 3970, 1978; Ord. 4010 §4, 1979)

• A. Issuing Authority. The issuing authority shall be Tax and Permit Inspector and the application for a permit shall be filed with the Tax and Permit Inspector. No permits shall be issued without the approval of the approving authority.

• B. Approving Authority. The approving authority shall be the Board, unless an appeal is filed. If the application for a towing permit is approved, the Board shall promptly notify the Tax and Permit Inspector who shall then issue the towing permit.

• C. Applications, Approval. The Police Chief is granted authority to approve the application form for a towing permit and request the information that he or she deems necessary to satisfy the objectives of this chapter. Upon the filing of an application, the Board shall cause an investigation to be made, and shall approve a towing permit if it finds that the conduct or operation of a towing operation would not be detrimental or injurious to the public welfare, and that the applicant is of good character and of good business repute, and has not been convicted of theft or embezzlement, or of any offense involving the unlawful use, taking or conversion of a vehicle belonging to another, and is otherwise a fit and proper person to conduct a towing operation, or if the applicant is a corporation, its officers, directors and principal stockholders are of good character and of good business repute, and have not been convicted of theft or embezzlement, or of any offense involving the unlawful use, taking or conversion of a vehicle belonging to another, and are otherwise fit and proper persons to conduct such business, otherwise, the application shall be denied only after the Board shall conduct a hearing on said application.

• (Ord. 3970, 1978)

Any action taken by the Board pursuant to this chapter is appealable to the City Council. The action of the Board shall be final when any action is taken or if notice is required to be given, at the time such notice is served. Such an appeal must be made pursuant to the provisions of Section 1.30.050 of this code.

(Ord. 3970, 1978; Ord. 4217, 1983; Ord. 5136, 1999)

It shall be grounds for suspension or revocation if any permittee, his or her agent or employee or any person connected or associated with the permittee as partner, director, officer, stockholder, general manager, or person who is exercising managerial authority of or on behalf of the permittee has:

• A. Knowingly made any false, misleading or fraudulent statement of a material fact in an application for a permit, or in any report or record required to be filed with the Board; or

• B. Violated any provision of this title, regulations adopted pursuant thereto or of any statute relating to his or her permitted activity; or

• C. Been convicted of a felony or any crime involving theft, embezzlement or moral turpitude; or

• D. Committed any act constituting dishonesty or fraud; or

• E. A bad moral character, intemperate habits or a bad reputation for truth, honesty or integrity; or

• F. Committed any unlawful, false, fraudulent, deceptive or dangerous act while conducting a permitted business; or

• G. Published, uttered or disseminated any false, deceptive or misleading statements or advertisements in connection with the operation of a permitted business; or

• H. Violated any rule or regulation adopted by the Board relating to the permittee's business; or

• I. Willfully failed to comply with the terms of any contract made as a part of the exercise of the permitted business; or

• J. Conducted the permitted business in a manner contrary to the peace, health, safety, and general welfare of the public; or

• K. Demonstrated that he or she is unfit to be trusted with the privileges granted by such permit.

• L. The permittee, his or her agents or employees, obtained a tow contract by use of fraud, trick, dishonesty or forgery; or

• M. The permittee, his or her agents or employees, towed a vehicle to a location other than listed as the business address of such permittee without first receiving authorization to do so by the person authorizing the tow; or

• N. The permittee, his or her agents or employees, after towing a vehicle to the business location of permittee, without authorization, towed such vehicle to another location for storage; or

• O. The permittee, his or her agents or employees, have conspired with any person to defraud any owner of any vehicle, or any insurance company, or any other person financially interested in the cost of the towing or storage of any vehicle, by making false or deceptive statements relating to the towing or storage of any vehicle; or

• P. The permittee, his or her agent or employees, removed a vehicle involved in a collision prior to arrival of police, and a person, as a result of such collision, suffered death or injury; or the driver of an involved vehicle, or a party to such collision, was under the influence of an intoxicant of any nature; or there is evidence that such vehicle was involved in a hit and run collision; or

• Q. The permittee, his or her agents or employees, have charged for services not performed, equipment not employed or used, services or equipment not needed, or have otherwise materially misstated the nature of any service performed or equipment used.

• (Ord. 3970, 1978)

• A. Notice. Prior to suspension or revocation of any towing permit for any ground specified in Section 5.30.100, the Board or the Police Chief shall cause permittee to be given written notice of the charges and such notice must be served upon permittee at least 10 days prior to the hearing.

• B. Hearing. At the hearing, the Police Chief or the aggrieved party or parties, shall present the case for suspension or revocation of the towing permit and the permittee shall have the opportunity to rebut the charges. In considering the imposition of suspension or revocation, the Board shall consider the seriousness of the violation of Section 5.30.100, the surrounding circumstances, any prior violations, the past history of the permittee and any mitigating factors. After hearing the evidence, the Board has the authority to suspend or revoke the towing permit if it sustains any of the charges. The Board shall give notice of its decision in writing and said decision shall be final upon service.

• (Ord. 3970, 1978)

The Board is delegated authority to make rules and regulations for the conduct of towing operations pursuant to this chapter. The Board is also given authority to approve the retention of towing operations to be used by the City and establish rules and regulations for the conduct of such operations. Said rules and regulations shall become effective 30 days after approval by the Board, unless the City Council disapproves said regulations or an appeal is perfected pursuant to Section 5.30.090.

(Ord. 3970, 1978)

All permittees under this chapter who do towing at the request of any City employee or official acting in his or her official capacity shall have the liability insurance with the minimum requirements established by the City and shall name the City, its officers, employees and agents as named or additional insureds for operations conducted pursuant to this chapter. (Ord. 4010 §5, 1979)

As a condition of possessing a towing permit, Permittee shall agree to investigate, defend, indemnify and hold harmless the City, its officers, employees and agents from and against any and all losses, damages, liabilities, claims, demands, detriments, costs, charges, and expenses (including attorneys' fees) and causes of whatsoever character which the City may incur, sustain, or be subjected to on account of loss or damage to property and loss of use thereof or bodily injury or death to any persons arising out of Permittee's operations authorized pursuant to this chapter. (Ord. 3970, 1978)