Truckee Municipal Code Ch. 9.01 Vehicle Towing Services

The Chief of Police shall maintain a rotation list for vehicle towing service to be used by the Town. The rotation list shall contain three categories of eligible companies—light duty, medium duty, and heavy duty jobs. Any towing company shall be qualified to be placed in the rotation tow list if it meets the following criteria and has the appropriate equipment for the class:

1. The company, its employees, and equipment have and maintain in full force and effect at all times all licenses and permits required by the State of California to conduct a towing business in the state.

2. The company, its employees, and equipment are approved to tow vehicles by the California Highway Patrol and such approval is at all times kept in full force and effect or the company, its employees, and equipment have been certified by the Chief of Police or his/her designees to meet the standards set forth in the California Vehicle Code. The applicant shall pay all costs of such inspection, as determined by the Chief of Police.

3. The company, its employees, and equipment have and maintain in full force and effect at all times public liability and workers compensation insurance in an amount equal to that required by the California Highway Patrol or the Chief of Police, whichever is higher. Each company shall enter into a specific indemnity and insurance agreement in a form approved by the Town Attorney. Each policy of insurance shall name the Town as an additional insured, make the company's coverage primary, specify that the insurance cannot be cancelled without thirty (30) days' notice to the Town, and document the issuance of a certification of insurance and policy endorsement to the Town prior to the commencement of rotation towing. In the event of the cancellation of insurance, the company shall be automatically removed from the rotation towing list.

4. The company shall have a facility within the Town of Truckee or within a thirty (30) minute response time to Town limits under normal traffic conditions for its operations and the storage of vehicles which, if within the Town, complies with the Town land use and zoning regulations. Such compliance may be deferred by the Town Manager upon execution by company of a judicially enforceable compliance agreement providing a specified time for a lawful facility to be created or acquired.

5. Rates charged for Town tows shall be equal to or less than those approved by the California Highway Patrol for tows in the Truckee area.

Vehicles stored must be released within two (2) hours of the owner's demand, or at such time as may be mutually agreed, upon proof of ownership or entitlement of use and tender of lawful fees to the permittee. The permittee must accept cash or a valid bank credit card within limits imposed on the use of the card. If exigent circumstances prevent prompt release of the vehicle, the storage fee shall be calculated at the time demand for release was made. Failure to release vehicles promptly is grounds for removing permittee from the rotation list.

The Chief of Police or his/her designee may require a Truckee Police Department Vehicle Release in the following circumstances:

Vehicles stored or impounded under the authority of the California Vehicle Code as recovered property or as evidence for an investigation. Storage authority codes:

Any company or driver may be removed or suspended from the list if:

1. The company, its officers, or drivers is or are convicted of a felony or misdemeanor violation of any law regulating the requirements for its term to do business as a towing company in the State of California.

2. The Police Chief determines, in the reasonable exercise of his/her discretion following an administrative hearing conducted for that purpose, that the company, its officers or employees have:

a) Engaged in conduct which violates the regulations of the State of California or the California Highway Patrol concerning towing operations.

b) Engaged in conduct, either as a substantial single incident or as a continuing pattern of behavior that gives the Chief of Police reasonable grounds to believe that continued placement of the company on the rotation towing list is not in the best interest of the Town for liability or law enforcement reasons. Such determination must be established by substantial evidence in the record of the administrative hearing.

In the event any company, its officers or employees dispute a decision of the Chief of Police to remove them from the rotation towing list, the decision may be appealed to an independent hearing officer. The hearing officer may be selected by the parties or through a private arbitration and mediation service. Each party shall have the ability to disqualify one potential hearing officer, with or without cause. The costs of the hearing officer shall be borne equally between the Town and the appellant. The arbitration shall be conducted in accordance with the provisions of the California Arbitration Act. The decision of the hearing officer shall be final and binding on all parties.

Protection of Vehicles . The company shall hold a vehicle impounded for special investigation (for example: fingerprinting) until the Police Department authorizes its release in writing. The company shall maintain a secured building for storage of impounded vehicles. If the storage facility of the company does not include a secured building, the tow shall be assigned to the first company next on the rotation list possessing such a facility.

Inventory . The company, when assuming custody of any vehicle stored or impounded by police order, shall inventory the contents of the vehicle open to view and in its unlocked compartments. This inventory shall be signed jointly by the company or attendant and the peace officer ordering the tow and shall, in addition, certify that any and all seals affixed by the Police Department are intact. By signature on this inventory, the company acknowledges acceptance of full responsibility for the safe and proper town and storage of the vehicle and for the security of all property therein.

Duty to Obey Orders & Responsibilities at Scene . Each company called to the scene of a tow by a peace officer shall abide by any lawful directions of the peace officer at the scene. The company shall remove all hazards and debris from the location from which a vehicle is towed prior to leaving the scene of the tow.

Records Open to Inspection . The Chief of Police may inspect a company's business records during normal business hours. The company shall maintain adequate records to include the description of vehicles, nature of service, time and location of the call, length of towing time from location to storage, and the disposition of the vehicle.

Changes in Order of Rotation . The Police Department may deviate from the order of normal rotation if, in the Department's judgment, deviation is necessary to protect the public health, safety, and/or welfare or to ensure proper traffic, incident, or accident management. A change from the normal rotation does not cause the loss of handling the next normal turn by either the company judged incapable of handling the request or by the rotation operator who responded.

(ORD 98-02 04-16-98)

Each permittee shall have at least two (2) fully equipped tow trucks operational at all times. New or broken-down tow trucks must pass inspection before placing them in service. Each tow truck shall meet the following minimum standards:

(a) Truck chassis. At least one-ton capacity with dual rear wheels or equivalent;

(b) Company name. Each vehicle shall be marked as required by Section 27907 of the Vehicle Code of the State;

(c) Lights. Each vehicle shall be equipped with lighting equipment required by the Vehicle Code of the State, plus one white utility light (adjustable or portable), and may be equipped with such other lights as the permittee desires, notwithstanding provisions of the Vehicle Code of the State;

(d) Winch. Each vehicle shall have one chassis mounted power-driven winch equipped with safety dogs or equivalent braking devices with a minimum cable length of l00 feet;

(e) Additional equipment. Each vehicle shall have:

1. A flashlight in operating condition;

2. A dustpan or square-bladed shovel;

3. A crowbar or prybar;

4. Material capable of absorbing five gallons of spilled petroleum products;

5. A rope or strapping implement for securing steering wheels;

6. Miscellaneous handtools, such as hammers, screwdrivers, or wrenches;

7. A set of dollies;

8. Safety chain;

9. A device intended and manufactured to protect impact-resistant vehicle bumpers; and

10. Brooms, tag lights, and other equipment required by the Vehicle Code of the State.

Each tow truck shall be equipped with communications between the tow truck and its dispatcher. Dispatching shall be from a central dispatching point available by telephone 24 hours per day. For the purposes of this section, citizens' band radio equipment shall satisfy the communications equipment.

Each permittee shall maintain a clean and orderly storage facility (lot or building) providing sufficient space for all vehicles towed by the service. The storage facility shall be enclosed with substantial fencing, at least six feet high, capable of protecting stored vehicles and their contents from theft or tampering. Gates and buildings shall be securely locked when not in use, and the facility shall be reasonably screened from public view. All outside lighting shall be arranged and shielded so as to prevent any nuisance, inconvenience, or hazardous interference to adjoining streets or property. Storage facilities shall be within one mile of the Town limits.

Vehicles stored must be released within two (2) hours of the owner's demand, or at such time as may be mutually agreed, upon proof of ownership or entitlement of use and tender of lawful fees to the permittee. The permittee must accept cash or a valid bank credit card within limits imposed on the use of the card. If exigent circumstances prevent prompt release of the vehicle, the storage fee shall be calculated at the time demand for release was made. Failure to release vehicles promptly is grounds for removing permittee from the rotation list.

Permittee shall require a Truckee Police Department Vehicle Release in the following circumstances:

(a) Vehicles stored or impounded under the authority of the Vehicle Code of the State as recovered property or as evidence for an investigation. Storage authority codes:

Gate fees shall not exceed the amount specified in the tow schedule. A gate fee applies only to vehicles released from storage during non-business hours. Only one gate fee may be charged per vehicle. Non-business hours are defined as hours between 6:00 PM and 6:00 AM, each day.

Permittee shall render available one employee to respond to police and citizen requests for release of vehicles, twenty-four (24) hours per day, seven (7) days per week, including holidays.

The Town and/or its Town Council and/or its officers and/or its employees, shall not be responsible for any loss or damages arising from towing and storage of vehicles or the performance of any requirement imposed by this chapter or law. As a condition of being granted a permit and being placed on the rotation list, the permittee shall defend, indemnify, and save harmless the Town, the Council, and Town officers and employees from any suits, claims, or actions brought, or disease or illness or damages sustained or arising out of the operation of towing services and storage of vehicles and arising out of the performance of any requirement of this chapter. The permittee shall maintain public liability insurance, primary coverage, in amounts established by the Vehicle Code of the State or by resolution of the Town Council, whichever is higher. Policy expiration dates and any notice of cancellation shall be forwarded to the Traffic Officer of the Police Department. Without insurance, a permittee shall be removed from rotation. Permittee shall further be responsible at actual cash value for customer vehicles and contents as provided by law. A certificate of insurance for workers' compensation shall be provided to the Town. The Town Finance Director shall be furnished with a certificate of insurance for the above coverage providing not less than thirty (30) days notice of cancellation to the Town.

The permittee shall possess and insure that each attendant possesses a valid California driver's license as outlined in Section 12804 of the Vehicle Code of the State.

The permittee shall render available all tow trucks and the storage facility for inspection by the representative of the Chief of Police upon request of the Police Department.

The Town Council shall by resolution establish the authorized chargeable fees and fees for each normal rotation request. For towing services, the permittee may charge no more than the authorized rate set by the Town Council. The rate for road service calls and for towing to points other than the permittee's established storage facility at the request of the vehicle owner or agent shall be negotiated between the permittee or attendant and the vehicle owner or agent thereof.

Not less than one tow truck and attendant shall be able to respond to any location within the geographical limits of the Town within fifteen (15) minutes during business hours and forty-five (45) minutes during non-business hours. In the event of the unreasonable delay in time taken for the response, Police Department personnel charged with calling the permittee shall evaluate the length of delay, and if, possible, the reason for the delay. If, in the judgment of the Police Department personnel, the tow will be unreasonably delayed, they may call another permittee and the tow will then be handled by that designated permittee. For purposes of this section, twenty (20) minutes tow service will be the normally accepted time prior to the time evaluation procedures commence. In the event a vehicle of greater weight than a private passenger auto, station wagon, or unladen pickup truck must be removed, the Police Department will notify the permittee on the rotation list next in the line qualified to handle the assignment.

The permittee shall hold a vehicle impounded for special investigation (for example, fingerprinting) until the Police Department authorizes its release in writing. The permittee shall maintain a secured building for storage of impounded vehicles. If the storage facility of the permittee does not include a secured building, the tow shall be assigned to the first permittee next on the rotation list possessing such a facility.

Permittee, when assuming custody of any vehicle stored or impounded by police order, shall inventory the contents of the vehicle open to view and in its unlocked compartments. This inventory shall be signed jointly by the permittee or attendant and the peace officer ordering the tow and shall, in addition, certify that any and all seals affixed by the Police Department are intact. By signature on this inventory, the permittee acknowledges acceptance of full responsibility for the safe and proper tow and storage of the vehicle and for the security of all property therein.

Permittee shall refrain from making any repairs or alterations to a vehicle without first being authorized by one of the persons authorized to order such repairs, or their insurance carriers or their duly authorized agents. Parts and accessories shall not be removed from vehicles without authorization, except as necessary for security purposes. Under such circumstances, the parts or accessories removed shall be listed on the appropriate records and stored in the business office of the permittee, subject to examination. Nothing in this section shall be construed to prohibit permittee or attendants from making emergency alterations necessary to permit the removal of the vehicle.

Each permittee called to the scene of a tow by a peace officer shall abide by any lawful directions of the peace officer at the scene. The permittee shall remove all hazards and debris from the location from which a vehicle is towed prior to leaving the scene of the tow.

(a) Nothing in this Chapter shall be construed to modify State law regarding fee collection and the conduct of lien sales for storage and disposition of abandoned vehicles, or the State licensing requirements thereof. The method of paying tow and storage fees shall be governed by Section 22658(k) of the Vehicle Code of the State.

(b) No abandoned vehicle shall be stored with a permittee unless such permittee possesses a valid dismantler's license issued pursuant to Section 11500 of the Vehicle Code of the State.

The Chief of Police may inspect a permittee's business records during normal business hours. The permittee shall maintain adequate records to include the description of vehicles, nature of service, time and location of the call, length of towing time from location to storage, and the disposition of the vehicle.

(a) Permittee shall make each vehicle, except impounded vehicles, available during normal business hours to the owner or owner's representative for the purpose of estimating damages to the vehicle and appraising its value.

(b) Permittee shall provide the Police Department with access to each stored vehicle. Permittee or drivers of permittee shall respond to their office or tow yard facility when requested by Truckee Police personnel for the purpose of police-related investigation. The time period for response shall not exceed one hour. A stored vehicle shall be released to its owner or owner's representative upon payment of the authorized fee, and charges. All personal property within the vehicle shall be released to the owner or owner's representative upon request, even though the vehicle is retained in storage, except in cases of impounded vehicles, in which case the permittee shall not release any part of the impounded vehicle or its contents without written consent from the Police Department. A request for vehicle towing, emergency road service, or any other non-towing service calling for a response by a permittee is a rotation turn, except when:

(1) No compensation for services provided is charged; or

(2) A citizen requests the services of a specific permittee. Permittee shall not assign calls to other firms. In the event a permittee is unable to respond or will be delayed in responding, the Truckee Police Communications shall be notified immediately.

The Police Department may deviate from the order of normal rotation if the permittee next on rotation is, in the Department's judgment, incapable or improperly equipped for handling a specific task. If no permittee on the rotation list has the necessary skills or equipment to handle a specific task, the Police Department may request the service from an operator capable of handling the request. A change from the normal rotation does not cause the loss of handling the next normal turn by either the permittee judged capable of handling the request or by the rotation operator who responded.

Any change in controlling interest of ownership of a tow service by a permittee will automatically result in removal of its business from the Police Department rotation list.

It is unlawful for:

(a) A permittee not on the rotation list to remove and tow a vehicle from the public right-of-way, unless the owner or driver of the vehicle has requested it;

(b) A permittee, agent, or employee to solicit towing service without first having been called, or authorized by the owner or operator of the vehicle or by the Police Department;

(c) A permittee to perform towing services governed by this Chapter in violation of any of the provisions of this Chapter.

(a) The Chief of Police may reprimand or temporarily suspend a permittee from the rotation list if the permittee fails to comply with this Chapter. The Chief of Police shall use the following as a guide for disciplinary action against a permittee for violations investigated and found true:

1st violation within 12 consecutive months — written reprimand;

2nd violation within 12 consecutive months — 30-day suspension;

3rd violation within 12 consecutive months — 90-day suspension;

4th violation within 12 consecutive months — 1-year suspension.

In the event of suspension, the Chief of Police shall give the permittee written notice of the reasons for suspension twenty-four (24) hours in advance of suspension. The permittee may appeal the decision of the Chief of Police in the manner provided by this Chapter.

(b) Upon recommendation of the Chief of Police, after investigation and finding, the Town Manager may remove a permittee from the rotation list when the conduct or operation of a permittee is deemed to be a danger to the motoring public or a permittee is in gross violation of this Chapter and/or provisions of the Tow Service Agreement between the Town and permittee.

After a permittee has been removed from the rotation list, the permittee may reapply to the Police Department no sooner than one year after the termination.

Any applicant who desires to appeal any decision of the Chief of Police under this chapter may, within ten (10) days of the mailing of notice of the decision of the Chief of Police, file a written notice of appeal with the Town Manager. The applicant is entitled to reasonable notice of the time and place of the hearing of the appeal by the Town Manager and is entitled to be personally present, to be represented by an attorney, to call witnesses, and to hear and examine responsible personnel and all witnesses called in support of the Chief's decision. The hearing shall not be governed by the rules of evidence nor normal courtroom procedures. The Town Manager's decision shall be final.

(ORD 93-29 10-21-93)

Any individual or business organization holding a permit under this Chapter, upon executing a private party tow, shall notify the Town Police Department of the Tow within one hour after its completion. Such notification may be made by telephone call or facsimile and shall include at least the following information: the license/VIN numbers of the vehicle, the make, model and color of the vehicle, the reason for the tow, the time of the tow, the location from which the vehicle was removed, and the person to contact for further information.

(ORD 99-11 12-16-99)