Santa Fe Springs Municipal Code Ch. 123 Towing Services

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Authorized Storage Yard. Any public garage or storage garage permitted for the storage of tow vehicles in the manner provided in this chapter.

Conducting a Tow Car Business. The conducting or assisting in the conduct or operation of a towing business by an owner or employee by:

(1) Soliciting for towing business; or

(2) Seeking vehicles to tow; or

(3) Operating of, or assisting in operating, any equipment commonly used for towing another vehicle, or preparing another vehicle for towing, or storing or safeguarding a vehicle until it is claimed by its owner.

Notifications Required by This Chapter. The property owner's responsibilities that are transferred to the towing company as a condition of accepting authority to place possessory liens on towed vehicles. This includes all notifications required by the California Vehicle Code.

Person in Lawful Possession of Property. Its owner, agent, resident manager, employee,or member of a security patrol, licensed by the state, or appointed representative of a homeowner/condominium association. A tow truck operator is specifically excluded from this definition unless he is the actual owner of the property.

Police Department. Any police officer employed or authorized to represent the City of Santa Fe Springs.

Towing. The removal or transport of an inoperable vehicle or part thereof by another automotive vehicle.

('64 Code, § 6-139; Ord. 784, passed 12-13-90)

This chapter applies to any and all tow car services operating in the city, whether or not they have an established office or storage yard within the city. Tow service is deemed to be operating in the city if it tows a vehicle from any location within the city to any other location or conducts any activity defined under § 123.01.

('64 Code, § 6-140; Ord. 784, passed 12-13-90)

The provisions of this chapter shall not apply to any operation that engages only in any of the following activities:

(A) Provides towing or storage without charge or fee solely for other vehicles owned or operated by the same entity, such as an auto dealer or dismantler.

(B) Enters the city for the sole purpose of repossessing a specific vehicle for a bank or other authorized agency, if such tow service is located outside the city.

(C) Is a government agency or public utility.

(D) Enters the city for the sole purpose of delivering to a location outside the city or for a delivery to a location within the city at the request of the owner of a vehicle if such tow service does not maintain offices, storage areas, or garage facilities within the city.

(E) Tows any vehicle at the request of the registered owner, legal owner or legally authorized representative thereof.

('64 Code, § 6-141; Ord. 784, passed 12-13-90)

No person shall engage in or conduct a tow car business in the city without first having applied for and obtained a tow car business permit of the type herein provided, nor shall any person continue to engage in or conduct a tow car business in the city after such a permit has expired or has been suspended or revoked.

('64 Code, § 6-142; Ord. 784, passed 12-13-90)

Cross reference— Penalty, see § 10.97

Any person who desires to obtain a tow car permit shall provide the following information in the applicable format, which shall be provided by the Department of Police Services:

(A) The name, residence address, drivers license, Social Security number and telephone number of the applicant for a tow car business permit; if a partnership, the same information for each partner; if a corporation, the same information for each director, each officer and the general manager. Post office box numbers are not permissible.

(B) All names under which the business operates.

(C) The business address and telephone number of the business. Post office box numbers are not permissible.

(D) The make, year, model, color, license number, registered owner and legal owner of every tow car that will be operated in the tow car businesses.

(E) The name of the city, county, state and specific address in which the applicant engaged in or conducted a tow car business or was employed as a tow car business assistant within the last ten years.

(F) Whether the applicant has been convicted in any court of competent jurisdiction of a crime involving fraud, theft, auto theft, car tampering, auto burglary, or has been convicted of any felony.

(G) Such other information as the City Manager may deem relevant and necessary to investigate and evaluate the qualifications of the applicant.

(H) Consent to allow inspection and approval of all towing equipment and the storage yard by an officer of the Police Department or any authority designated by the city prior to granting the applied for permit. A reasonable, non-refundable fee may be charged by the Department of Police Services for such inspection. The inspection fee shall be established and amended by resolution of the City Council.

(I) All current towing agreements between the tow car business and property owners of the property located within the city.

('64 Code, § 6-143; Ord. 784, passed 12-13-90)

Applicants for tow business permits shall pay a non-refundable application processing fee in an amount as shall be determined from time to time by resolution of the City Council.

('64 Code, § 6-144; Ord. 784, passed 12-13-90)

Upon acceptance of an application for a tow car permit, the Director of Police Services shall cause to be conducted such investigations as deemed necessary to determine whether grounds for issuance or denial of the permit exist. Such investigations shall include, but not be limited to, review by the Police Department.

('64 Code, § 6-145; Ord. 784, passed 12-13-90)

(A) Every applicant for a tow car business permit shall produce evidence of insurance in an amount prescribed by the City Manager.

(B) Such insurance shall conform to the following requirements:

(1) Insurance must be provided for comprehensive automobile liability, for bodily and property damage liability, and be issued by a reputable insurer within the minimum limits set by the City Manager.

(2) Insurance must be provided for uninsured motorists with a combined single limit as set by the City Manager.

(3) Insurance shall name the city as an additional insured and shall hold harmless the city and its representatives.

(4) Proof of insurance shall be in the form of a certificate of insurance.

(5) Insurance coverage shall extend to all owned, non-owned, and hired vehicles.

(6) A 30 day written notice of cancellation shall be given to the city in the event of a cancellation and/or a reduction in the coverage of any nature. Such notice shall be provided to the City Manager.

(7) Permittee shall maintain such insurance in full force and effect throughout the term of such permit and each renewal thereafter.

('64 Code, § 6-146; Ord. 784, passed 12-13-90)

The City Manager may issue permits for terms of up to two years.

('64 Code, § 6-147; Ord. 784, passed 12-13-90)

(A) Any of the following constitute grounds for denial, revocation, non-renewal or suspension of a permit under the chapter:

(1) Applicant or permittee fails to provide and maintain the insurance required.

(2) Applicant or permittee has been convicted of a crime involving fraud, theft, auto theft, car tampering, auto burglary or infraction substantially related to the towing business.

(3) Applicant or permittee has made any false statement or representation in the permit application.

(4) Applicant or permittee owns, operates, or has any connection whatsoever with a security guard business operating within the city. Such arrangements are deemed a conflict of interest.

(5) Applicant or permittee has imposed unreasonable or unlawful fees for towing service, in violation of the California Vehicle Code or the Police Department towing agreement.

(6) Applicant, permittee, or his employee, past or present, has engaged in the illegal towing or removal of any vehicle from public or private property and a judgement or plea nolo contendere has been entered.

(7) Applicant, permittee, or his employee, past or present has engaged in repeated acts of negligence, resulting in damage to or theft from towed or stored vehicles.

(8) Failure to satisfy any judgement awarded to the owner of a towed vehicle, against the applicant or permittee, resulting from towing or storage of vehicle.

(9) Failure or refusal to cooperate in a bona fide criminal investigation.

(10) Conviction of a misdemeanor or a felony involving assault or battery by any tow company employee, against the owner of any vehicle towed or stored by the applicant or licensee.

(11) Employing, retaining in employment, or using any person in the towing business, who has not been issued a valid tow car business assistants permit by the city.

(12) Failing to sport the towing of vehicles as required by law.

(13) Falsification of any towing document.

(14) Operation at premises not properly zoned for tow operations or maintaining tow business.

(15) Violation of any provision of the Department of Police Services towing agreement.

(B) The City Manager shall notify the applicant or licensee of his denial, revocation, non-renewal or suspension of any such permit, setting forth the grounds and the basis for denial, revocation, non-renewal, or suspension. All existing provisions for hearings and appeals of the City Manager's action remain in full force and effect.

('64 Code, § 6-148; Ord. 784, passed 12-13-90)

(A) The City Manager may deny an application for a permit pursuant to this chapter, based on any of the grounds set forth in § 123.10. Such denial shall be in writing, and shall specify the ground(s) on which it is based.

(B) Before suspending, revoking or not renewing an existing permit issued pursuant to this chapter, the City Manager shall conduct a hearing. The city shall give notice of such hearing to permittee, by sending at least 15 days prior to the hearing by first-class mail, notice that the City Manager will conduct a hearing to consider suspension, revocation or non-renewal of the permit. The City Manager shall render a written decision after such hearing, which shall specify the § 123.10 ground(s) on which it is based.

(C) Applicant or permittee may appeal to the City Council any decision made by the City Manager pursuant to divisions (A) or (B) of this section. Such appeal shall be received by the City Clerk not later than 15 days after the mailing of the City Manager's decision. Such appeal shall be in writing, and shall specify the ground(s) on which it is based. Within ten days after receipt of an appeal, the City Clerk shall give the appellant written notice of the date, time and place of the City Council hearing, which notice shall be sent at least 15 days prior to the hearing.

('64 Code, § 6-149; Ord. 784, passed 12-13-90)

(A) Owners or persons in lawful possession of private property may request the towing away of illegally parked vehicles under the authority of Cal. Veh. Code § 22658(a).

(B) Owners are responsible for proper posting as required and must have the vehicles towed to the nearest authorized storage garage, as required under Cal. Veh. Code § 22658(a), which is willing to take the vehicle for storage. A property owner or agent may not order a vehicle to be taken to other than the nearest public garage, without permission of the registered owner.

(C) Property owners may designate certain areas as "No Parking," "Fire Zone," "Handicapped Parking Only," or "Visitor Parking Only," in accordance with and in the manner provided by the California Vehicle Code. Such areas must be clearly designated and marked in a manner approved by the City Fire Department or Police Department. Parking in driveways may be cause for tow away without posting and with Fire Department or Police Department approval. With proper posting, the owner or person in lawful possession of the private property may request that cars be towed away from the restricted areas in the same manner as permitted under Cal. Veh. Code § 22658(A).

(D) Property owners or their authorized agents, in no case a tow car operator or employee, may request a tow-away only in accordance with the procedure outlined herein. Violation by a property owner is an infraction.

('64 Code, § 6-150; Ord. 784, passed 12-13-90)

Cross reference— Penalty, see § 10.97

(A) Pursuant to Cal. Veh. Code § 22658, the tow company may, subsequent to notifying the Police Department, as provided herein, cause the removal of a vehicle from private property. They will provide the year, make, color, and license plate number of the car to be towed. Additionally, the tow company will provide the name of the tow truck driver, the location where the tow will begin and the name of the person in lawful possession of the property requesting the tow.

(B) No tow company shall take possession of any vehicle parked on private property until such time as the owner or agent of such real property has signed a towing request or towing agreement.

(C) Tow truck drivers are specifically prohibited from initiating a tow-away of any vehicle parked on private property, without obtaining a signed receipt from the owner or agent of such property or having in possession a current tow agreement authorizing removal of illegally parked vehicles from private property as outlined in division (D) of this section.

(D) A tow contract between the property owner or authorized agent and tow business shall specify all circumstances under which illegally parked vehicles are to be removed from private property. Certified copies of the towing agreement shall be kept on file at all times by the tow operator, property owner or agent, and the city. Property owners or agents shall notify the city immediately upon the termination of such towing agreements.

(E) Upon removing a vehicle from private property, the tow truck driver shall complete a vehicle inventory and record the odometer reading. The inventory and receipt will be retained for a period of 60 days and be open to inspection by any police officer or the registered owner of the towed vehicle.

(F) Divisions (A) through (E) of this section shall not apply to tow trucks called to a location by an on-duty peace officer.

('64 Code, § 6-151; Ord. 784, passed 12-13-90)

Cross reference— Penalty, see § 10.97

(A) The Director of Police Services may be called regarding complaints about tow.

(B) Business hours are: (must include at least eight hours each day, Monday through Friday, and two hours on Saturday).

(C) The sign shall display a 24-hour emergency telephone number.

(D) The sign shall be updated as necessary.

(E) Those tow truck companies which engage in private property towing shall also display a notice that advises the public that all of the following are available for review in the city business office upon request:

(1) The tow car operating permit;

(2) The name and address of the person/property owner who directed them to remove the vehicle;

(3) Cal. Veh. Code § 22658 and its subsections.

(F) Violation of this section shall be deemed an infraction.

('64 Code, § 6-152; Ord. 784, passed 12-13-90)

Cross reference— Penalty, see § 10.97