Stockton Municipal Code Art. II Tow Vehicle Drivers—Permits

It is unlawful for any person to drive or operate any towing vehicle described in California Vehicle Code Section 615(a) and regulated herein without first obtaining a permit in writing to do so from the Chief of Police of the City.

(Prior code § 10-082.1)

It is unlawful for any operator to allow or permit any driver to operate or drive within the City a towing vehicle owned or under the control of said operator unless said driver has a valid permit issued to said driver pursuant to this title.

(Prior code § 10-082.2)

Application for tow vehicle driver's permits shall be filed with the Chief of Police upon forms to be furnished by the City.

(Prior code § 10-082.3)

Before the Chief of Police shall accept and process an application for a tow vehicle driver's permit, the applicant shall pay an application fee to the Director of Finance of the City in an amount as may be fixed or established from time to time by resolution of the City Council.

(Prior code § 10-082.4)

Before the Chief of Police shall issue a tow vehicle driver's permit, the Chief of Police shall cause an investigation to be made in order to determine the applicant's qualifications and fitness to be a tow vehicle driver.

(Prior code § 10-082.5)

In order that the Chief of Police may investigate the applicant's qualifications and fitness to be a tow vehicle driver, every applicant for a tow vehicle driver's permit shall be photographed and fingerprinted. The applicant shall pay a fee to defray the costs of said photography and fingerprinting in an amount as may be fixed or established from time to time by resolution of the City Council.

(Prior code § 10-082.6)

A tow vehicle driver's permit shall not be issued to any of the following persons:

A. Any person under the age of 18 years.

B. Any person who is not of good moral character as reasonably determined by the Chief of Police, which shall include, but not be limited to, consideration of any conviction for trafficking in or unlawful use of narcotics, regardless of whether the record of conviction has been expunged.

C. Any person who has been convicted of a felony until the expiration of five years from termination of confinement, parole, and/or probation.

D. Any person who has been convicted of driving a vehicle recklessly or while under the influence of intoxicants until the expiration of five years from termination of confinement and/or probation.

E. Any person not possessing a valid driver's license issued by the State permitting said person to drive a tow vehicle.

F. Any person who has not been a continuous resident of the County of San Joaquin for at least 30 days immediately preceding the date of said person's application.

G. Any person convicted of a crime involving moral turpitude regardless of whether the record of conviction has been expunged.

H. Any person convicted of a weapons violation until the expiration of five years from termination of confinement, parole, and/or probation, whichever is later.

I. Any person who would be denied and/or have revoked a State tow truck driver certificate pursuant to Section 13377 of the Vehicle Code of the State, and any amendments thereto.

J. Any person who provided false, incomplete, or materially misrepresented information on the application for a tow vehicle driver's permit.

K. Any person who has failed to pay all fees required pursuant to the title.

(Prior code § 10-082.7; Ord. 2018-12-04-1111 C.S. § 1)

A. Upon completion of the investigation, if the Chief of Police finds that the applicant meets the minimum standards established by this chapter and is a fit and proper person to be a tow vehicle driver in the City, the Chief of Police shall issue or cause to be issued to said applicant a tow vehicle driver's permit. Said permit shall be valid, unless suspended or revoked, for a period of one year from the date of issuance.

B. While said investigation is in progress, and provided a preliminary check of locally available records reveals no grounds for refusal under Section 10.16.290, the Chief of Police shall issue or cause to be issued a temporary permit valid for a maximum of 90 days and renewable once, at the request of the applicant, for an additional 90 days. If any ground for refusal, denial, revocation, or suspension of a permit is revealed within the 90-day period, or extension thereof, the temporary permit authorized by this section may be revoked immediately by the Chief of Police and the permittee shall be entitled to a hearing as provided in Section 10.16.300.

(Prior code § 10-082.8)

Upon completion of the investigation, if the Chief of Police finds the applicant does not meet the minimum standards established by this chapter to be a tow vehicle driver, the Chief of Police shall refuse to issue a tow vehicle driver's permit to the applicant.

(Prior code § 10-082.9)

The Chief of Police may revoke, suspend, or refuse to issue a new tow vehicle driver's permit if the driver or applicant has since the granting of the original or renewed permit:

A. Been convicted of a felony or a crime involving moral turpitude; using, possessing, selling, or transporting narcotics; or imparting information for obtaining narcotics.

B. Been convicted of driving recklessly or while under the influence of liquor or narcotics.

C. Had the State driver's license revoked or suspended.

D. Been convicted of any of the offenses set forth in Sections 20001, 20002a, 22348, 22349, 22350, 22351, 23103, 23104, 23109, 23152 and/or 23153 of the Vehicle Code of the State and amendments thereto, or any combination of either or any of said offenses.

E. Been convicted within a one year period of three or more moving violations, other than those specified in subsection (d) of the Vehicle Code of the State of California.

F. When for any reason, whether specifically set forth herein or not, after due investigation, the Chief of Police finds that the applicant is an unfit person to drive a tow vehicle.

G. When driving for an operator that is obligated by a contract established pursuant to Section 10.16.040, charged or received a fee in excess of the rates established by the City Council, or violated any of the other provisions of said contract.

(Prior code § 10-082.10)

Denial or revocation of a tow vehicle driver's permit shall be made only after a hearing granted to the holder of such permit before the Chief of Police, after five days' notice to said permit holder, setting forth the grounds of the complaint against said permit holder and stating the time and place where such hearing will be held. Upon revocation of any permit, such permit shall be forthwith surrendered to the Chief of Police. The decision of the Chief of Police in revoking the permit shall be final and conclusive.

(Prior code § 10-082.11)

The decision of the Chief of Police of the City as to the fitness or unfitness of the applicant, either before or after the issuance of a tow vehicle driver's permit, shall be final and there shall be no appeal therefrom.

(Prior code § 10-082.12)

A. It is unlawful for any driver to operate or be in charge of any towing vehicle governed or affected by this chapter to fail, at all times while operating or in charge of such vehicle, to have in his or her immediate possession the driver's permit required, pursuant this chapter, to be secured from the Chief of Police. It is also unlawful for any driver operating or in charge of any vehicle governed or affected by this chapter to use, for the purpose of operating such vehicle, a driver's permit issued to another person.

B. It is unlawful for any driver to operate any towing vehicle governed or affected by this chapter to fail to wear a uniform of the type approved by the Chief of Police.

C. All drivers who operate any towing vehicle governed or affected by this chapter shall, at all times while on duty, keep themselves physically clean and neat in appearance. Any failure to comply with this section shall be unlawful.

(Prior code § 10-082.13)

Any person who holds a valid tow vehicle driver's permit may obtain a new permit for the succeeding year by applying for said new permit during the month preceding the expiration date of the current permit. Cost of said new permit shall be an amount as fixed and established from time to time by resolution of the City Council.

(Prior code § 10-082.14)

If the holder of a tow vehicle driver's permit fails to renew said permit prior to the expiration date of the current permit, the tow vehicle driver's permit shall cease to be valid and the permittee must make application for a new tow vehicle driver's permit as provided above.

(Prior code § 10-082.15)

On or before the first day of January and the first day of June, each year, every operator who has employed any person or persons as a tow vehicle driver or drivers shall furnish the Chief of Police of the City with the names of every person employed by such person, firm, or corporation as a tow vehicle driver during the preceding six month period.

(Prior code § 10-082.16)