Santa Paula Municipal Code Ch. 125 Rotational Towing Services

(A) The purpose of this chapter is to prescribe the basic regulations for the operation of police initiated "towing services" by the city consistent with state and federal laws, as well as the public health, safety and welfare. A further purpose is to provide a fair and objective method of selecting towing service providers from among qualified firms to ensure that towing providers and drivers that participate in the city's rotational tow program provide prompt, safe and comprehensive towing services using the latest in towing technology and vehicle towing and storage safety.

(B) These regulations are not intended to govern situations where towing has been requested by vehicle owners or private property owners, except as may be permitted by law.

(Ord. 1308, passed 6-2-21)

As used in this chapter, the following terms, words and phrases have the meanings as defined in this section, unless another meaning is clearly apparent from the context.

BUSINESS LICENSE. A license issued by the city according to the municipal code.

CHIEF OF POLICE. The Chief of Police Services of the City of Santa Paula or his or her designee.

CITY. The City of Santa Paula.

CITY MANAGER. The City Manager of the City of Santa Paula or his or her designee.

DEPARTMENT. The Santa Paula Police Department.

NONCONSENSUAL TOWING SERVICE. Towing services provided by the City's Police Department in situations where vehicle owners are unable to consent to having their vehicle towed, including, but not limited to situations where a vehicle is being towed for being illegally parked on public or private property, or towed as a result of a city order.

ROTATION LIST. The city's list of eligible towing carriers to be used by the Police Department when assistance is needed to remove abandoned, disabled or impounded vehicles.

RULES AND SPECIFICATIONS. The city's rules and specifications for towing services and vehicle storage facilities promulgated by the Chief of Police.

TOW VEHICLE. A motor vehicle which has been altered or designed or equipped for and exclusively used in the business of towing vehicles by means of a crane, tow bar, tow line, dolly or a roll-back carrier or is otherwise used to render emergency assistance to disabled and other vehicles.

TOW VEHICLE DRIVER. The driver of an authorized tow vehicle used for towing another motor vehicle.

TOWING CARRIER or TOWING PROVIDER. A towing company and the owner(s) and/or managing employee(s) of a towing company.

(Ord. 1308, passed 6-2-21)

No person or company shall engage in the business of providing towing services to the Department without first obtaining a non-exclusive towing carrier permit from the Chief of Police and obtaining a business license. Permits shall be issued for a period of not less than three years and not to exceed five years, as determined by the Chief of Police. Notwithstanding the five-year limitation on towing permits, the Chief of Police is empowered to provide for a maximum of two, one-year extensions in addition to the maximum term, provided the towing carrier is in good standing and is abiding by the terms of this chapter and the rules and specifications.

(Ord. 1308, passed 6-2-21)

(A) The Chief shall promulgate written rules and specifications governing the provision of towing services, the qualifications and conduct of drivers, and the requirements for vehicle storage facilities. The rules and specifications may be modified from time to time as deemed appropriate by the Chief. All towing services provided pursuant to the rotation list shall be subject to the requirements set forth in the rules and specifications.

(B) The rules and specifications shall include, but not be limited to, provisions requiring that all towing operators participating in the rotation list do the following:

(1) Obtain a city business license;

(2) Have a permit issued by the Department;

(3) Enter into a towing services agreement with the city;

(4) Abide by this chapter, Department's rotation list and the rules and specifications established by the Chief;

(5) Protect, indemnify, defend and hold harmless the city, its elected officials, officers, employees, agents and volunteers from all claims, demands or liabilities arising out of or encountered in connection with their agreement with the city or the performance of work or purchase of supplies, equipment and materials in preparation for the towing operation, or alleged claims, demands and liabilities occurring during the towing and subsequent storage and maintenance of vehicles on behalf of the city, whether or not such claims, demands or liabilities are caused by the towing carrier, its employees or agents;

(6) Provide proof and maintain general liability, automobile liability and workers' compensation insurance, in an amount and insurance-industry rating which meets the requirements of the City's Finance Department, names the city as an additional insured and is acceptable to the City Attorney;

(7) Have all of their tow trucks used in the performance of towing services on behalf of the city inspected at least once per year. Proof of inspection by the California Highway Patrol shall satisfy this requirement; and

(8) Pay the administrative fees required by this chapter.

(Ord. 1308, passed 6-2-21)

(A) Within 90 calendar days of the date an existing towing carrier permit is due to expire, or whenever the Chief of Police determines that a new towing carrier is needed to provide tow services to the city, the Chief of Police shall prepare and distribute a notice inviting requests for qualifications for a towing carrier permit. The Chief of Police shall identify the most qualified towing carrier, provided that the city receives at least one qualified applicant, in accordance with the rules and specifications as these may be promulgated in writing by the Chief of Police. In determining the required number of towing carriers, the Chief of Police may consider, but is not limited to, the following factors:

(1) The operational needs of the city;

(2) The population growth in the city;

(3) The number of currently authorized towing carriers and their average response times;

(4) The administrative burdens imposed by the number of towing carriers to be included on the rotation list; and

(5) Any other relevant factors to be determined by the Chief of Police.

(B) The name of any qualified applicant(s), if there is one, shall be forwarded to the Chief of Police, who shall conduct a background investigation of the operator and his or her employees. In addition, the Chief of Police or his or her designee will verify all information included in the proposal submitted to the city. Upon successful completion of the background investigation, the Chief of Police shall recommend in writing to the City Manager that the city issue, or refuse to issue, a towing carrier permit to the applicant(s) identified by the Chief of Police. The City Council shall then determine whether it is in the city's best interests to issue a towing carrier permit to the identified applicant(s). If the City Council determines that it is in the city's best interests to issue a towing carrier permit, it may do so by resolution in accordance with this chapter.

(Ord. 1308, passed 6-2-21)

The criteria for selecting towing providers shall be included in the rules and specifications as promulgated by the Chief of Police and shall be made available to all applicants.

(Ord. 1308, passed 6-2-21)

Towing carriers selected to provide towing services to the city, if more than one is selected, shall abide by the towing rotation system established by the Chief of Police in the rules and specifications. The Chief of Police shall develop a list of towing carriers selected to provide towing services to the city. The towing carrier at the top of the list shall be on call to provide towing service to the city in accordance with the rotation system established by the Chief of Police. Once a tow truck operator completes its designated on-call service, the operator's name shall be moved to the bottom of the list and the operator then at the top of the list shall begin its designated on-call service. The city may request services from a towing carrier who is not on-call in situations wherein the City Manager or Chief of Police deem an emergency to exist such that additional towing services are necessary to adequately meet the needs of the city or Department. The towing rotation list may be amended from time to time as part of the Chief of Police's promulgation or modification of the rules and specifications.

(Ord. 1308, passed 6-2-21)

All towing providers selected to provide service shall enter into a towing service agreement with the city. The written agreement shall be in a form approved by the City Attorney and shall be executed within 30 days after their selection as a towing provider. The written agreement shall provide that the terms and conditions of this chapter and the rules and specifications shall be applicable for the entire term of the permit.

(Ord. 1308, passed 6-2-21)

The tow rates shall be set by the City Council. The Chief of Police shall make recommendations to the City Council on rates permitted to be charged by towing providers. Such recommendation will follow a tow rate survey conducted by the Department.

(Ord. 1308, passed 6-2-21)

(A) All towing carriers selected to participate in the city's towing rotation program shall pay to the city franchise fees as determined by separate resolution of the City Council to cover the costs of the city's towing program. The franchise fees shall reflect the city's current costs for operating the towing program. The towing service agreement entered into between the city and the towing provider shall provide that any subsequent changes to the franchise fees and charges shall be applicable to the towing carrier upon ten days written notification of such changes.

(B) Payment of franchise fees and charges by selected towing carriers shall be due in accordance with the payment schedule provided in the rules and specifications.

(C) Any franchise fees and charges which remain unpaid after the date specified in division (B) of this section shall be delinquent and shall result in a penalty equal to 10% of the unpaid amount for the first delinquent month. In additional to the late charge, the city will charge a penalty of 0.5% per month on all obligations older than 30 days from the past due date. This is in accordance with Cal. Gov't Code § 54348. Nonpayment of the administrative fees and charges by any towing provider shall be grounds for revocation of the towing provider's participation in the city's towing rotation program.

(D) Nothing contained in this chapter shall prohibit or limit the city's ability to impose other fees and charges, including, but not limited to vehicle release fees. Any such fees shall be established by separate resolution of the City Council.

(E) The towing carrier must make available to the Department, upon three days' written notice, its accounting records and books related to tow services rendered on the city's behalf for inspection and audit. The city agrees to maintain the confidentiality of such accounting records and books. The towing carrier shall submit monthly documentation detailing its operations on behalf of the city in a format that is acceptable to the Department. Such documentation shall include the following information: the date, time, location, case number (if any), vehicle description (including make, model and vehicle license number) and a brief description of the circumstances surrounding the tow. Towing carriers shall maintain these records for a period of three years.

(Ord. 1308, passed 6-2-21)

(A) The Chief of Police may summarily suspend a driver's permit if the driver thereof is arrested for conduct that jeopardizes public health or safety. In addition, the Chief of Police shall have the right to summarily suspend, for a period not to exceed 30 days, any towing carrier permit granted pursuant to this chapter, and any towing services agreement entered into pursuant to this chapter, and to rescind all rights and privileges associated with them during the suspension period if the towing carrier violates any provision of this chapter, any material provision of the towing services agreement, or any state or federal law. The Chief of Police may exercise this authority up to three times per calendar year per towing carrier. Thereafter, or in the Chief of Police's discretion, the Chief of Police may recommend in writing the suspension or revocation of the towing carrier's permit and towing services agreement to the City Manager.

(B) Within seven days of the Chief of Police's summary suspension or recommendation to suspend or revoke the towing carrier's permit, the Chief of Police shall send written notice of the decision to the towing carrier. The towing carrier may appeal the Chief of Police's summary suspension or recommendation to suspend or revoke the towing carrier's permit to the City Manager. Such appeal shall set forth the specific grounds on which it is based and must be filed with the City Clerk within 14 days of receiving the Chief of Police's notice.

(C) Upon receipt of the filing of the appeal in proper form, the City Clerk shall forward the appeal as soon as reasonably possible to the City Manager for consideration. Within 30 days of receiving the appeal, the City Manager shall determine whether to uphold the Chief of Police's summary suspension, or to suspend or revoke the towing carrier's permit. The City Manager shall mail the towing carrier a written decision within 45 days of receiving the appeal.

(D) Any subsequent appeal shall be to the City Council. The appealing towing carrier shall have ten calendar days from the date the City Manager's notice of decision in division (C) was deposited in the mail within which to appeal the denial of the revocation or suspension to the City Council. The appeal shall be filed in writing in the office of the City Clerk and shall be accompanied by a filing fee, as established by resolution of the City Council.

(E) If the appeal is timely and properly filed together with the filing fee, the City Clerk shall mail notice of the date, time and place of a de novo hearing before the City Council to the towing carrier at least ten days prior to the hearing. The hearing shall be commenced at the earliest possible date authorized by law, but in no event later than 30 days after the date that the appeal was filed. At the hearing, the towing carrier or its representative shall have the right to present evidence and a written or oral argument, or both, in support of its appeal.

(F) Within two business days after the City Council's action on the appeal, the City Clerk shall send to the towing carrier, by certified mail, return receipt requested, written notice of the disposition of the appeal. The action of the City Council shall be final.

(G) Any towing carrier whose license is revoked may not again apply for a towing carrier permit to provide tow services in the city for a period of one year from the date of such revocation.

(Ord. 1308, passed 6-2-21)

Nothing in this chapter shall be construed to restrict or prohibit the city from conducting its own towing operations or maintaining its own towing storage yard, either in lieu of, or in addition to any towing carrier permit that is awarded pursuant to this chapter or the rules and specifications.

(Ord. 1308, passed 6-2-21)

Any towing carrier, driver or towing company violating the provisions of this chapter shall be guilty of a misdemeanor. In addition, any towing carrier or towing company violating the provisions of the rules and specifications shall be subject to the permit revocation provisions of contained herein and in the rules and specifications.

(Ord. 1308, passed 6-2-21)