Vallejo Municipal Code Ch. 5.40 Towing Service Business

The city council finds and declares that it is in the best public interest that formal procedures be adopted and implemented whereby authorized city employees will have available an expeditious means for removing damaged and disabled vehicles from the streets and property, both public and private, in the city; for removing abandoned, dismantled and inoperative vehicles under Chapter 7.64; and for removing illegally parked vehicles and those vehicles that must be moved for safekeeping.

(Ord. 671 N.C.(2d) § 1, 1982: Ord. 166 N.C.(2d) § 1, 1973.)

For the purpose of this chapter, the following terms, phrases, words, and their derivatives shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is mandatory and the word "may" is permissive.

A. "City" means the city of Vallejo in the county of Solano, state of California;

B. "City attorney" means the city attorney of the city of Vallejo;

C. "City clerk" means the city clerk of the city of Vallejo;

D. "City council" means the city council of the city of Vallejo;

E. "City manager" means the city manager of the city of Vallejo;

F. "Operator" or "towing service operator" means any person primarily engaged in the business of towing motor vehicles;

G. "Person" means any individual, firm, partnership, association, corporation, company, or organization, of any kind, but does not include the federal government, the state, a county, city, district, or other public agency;

H. "Police chief means the chief of police of the city of Vallejo;

I. "Police department" means the police department of the city of Vallejo;

J. "Service" or "emergency service" is the act rendered by an operator after arrival at scene of an accident or breakdown to enable a vehicle to operate on its own motive power,

K. "Standard service" shall be any mechanical aid provided by an operator and completed within fifteen minutes after arrival at scene of an accident or breakdown without the need for highly specialized tools and with the vehicle's own parts;

L. "Storage" is the keeping of a vehicle by an operator at his place of business, or other place owned or leased by him. Adequate storage is:

1. The caring for and protection of the vehicle,

2. A yard proportional in size to the volume of towed vehicles, and

3. Sufficient indoor facilities to satisfy special maximum security requests made by the police department;

M. "Tow car" or "tow truck" is a motor vehicle which has been manufactured, altered, or designed and equipped for and exclusively used in the business of towing vehicles by means of a crane, hoist, tow-bar, tow line, dolly, or any combination thereof;

N. "Towing" is the moving of a vehicle by a tow truck. Towing shall include the following:

1. The securing of tie chains to lift and tow the vehicle,

2. The securing of a safety chain to the vehicle to be towed,

3. Clean up of vehicle debris and other accident-generated debris at the scene of the accident,

4. Raising of vehicle end and towing to area of storage,

5. Lowering of vehicle into parking place and disconnection of tie chains, and

6. Entering of vehicle and charges into tow truck operator's log book;

O. "Vehicle" is a device by which any person or property may be propelled, moved, or drawn upon a street or highway, excepting a device moved by human power or used exclusively upon station rails or tracks. Vehicle includes motor vehicle as defined in Section 415 of the Vehicle Code of the state of California.

(Ord. 166 N.C.(2d) § 2, 1973.)

There shall be two methods available for securing the towing, emergency service and storage of vehicles at the request of authorized city employees throughout the city.

A. Rotational System. The council may by resolution determine that towing, emergency service and storage of vehicles be provided under a rotational system among all qualified operators within the city who will be chosen in accordance with the standards for performance and requirements set forth in an administrative rule promulgated by the city manager for this purpose under Section 2.10.034. If the rotational method is selected, then the provisions of Sections 5.40.040 to 5.40.100, inclusive, relating to the awarding of an exclusive contract for towing services, shall not be applicable except to the extent same are incorporated in the administrative rule.

B. Exclusive Contract. In the alternative, the council may by resolution determine that towing services be provided under an exclusive contract, in which event, a contract shall be awarded for a three-year period, on the basis of sealed bids, to the person found to have the highest and best qualifications as established under the provisions of this chapter, and willing to provide towing, emergency service and storage of vehicles at the most reasonable, economic cost for such services. The city council may authorize the contract awarded to be renewed and extended once for a period of not to exceed three years upon finding that the operator then under contract with the city has performed satisfactorily and in conformity with the standards and quality of service specified in this section, and is willing to continue under substantially the same terms and conditions, including the rates and charges for service, as provided in the initial contract. The city manager shall report in writing to the city council his recommendation either to call for new sealed bids or switch to a rotational system, or to renew and extend the existing contract at least sixty days in advance of expiration of the then existing contract in order to allow sufficient time to complete the steps necessary to ensure the uninterrupted continuation of towing services.

(Ord. 671 N.C.(2d) § 2, 1982: Ord. 349 N.C.(2d) § 1, 1976: Ord. 166 N.C.(2d) § 3, 1973.)

Any person is eligible to submit a bid if he conforms to the policies and requirements set forth in this chapter and resolutions of the city council adopted under the provisions of this chapter. The contract to be awarded shall provide, among other things, that the deviation from the policies or requirements established under the provisions of this chapter, failure to provide reasonable, quick and efficient service at the rates prescribed, or other good and sufficient cause may result in termination of the contract with the operator in accordance with the provisions of this chapter.

(Ord. 166 N.C.(2d) § 4, 1973.)

Any person who wants to be considered must meet the minimum eligibility requirements and shall submit a sealed, written bid directed to the city council offering to provide towing, emergency service and storage of vehicles upon request of authorized city employees. The bid shall be on a bid form provided by the city, which form shall be completed by the bidder and shall constitute the basis for making the award of contract. The minimum business, equipment and other requirements for tow service shall be those set forth from time to time in resolutions adopted by the city council.

(Ord. 166 N.C.(2d) § 5, 1973.)

The successful bidder shall enter into a written contract with the city, and such agreement shall provide the standards for service, general operating regulations, a fee schedule, the method by which the fee schedule may be adjusted during the contract term, and other appropriate matter as approved by the city council. The successful bidder shall at the time of entering into the contract deliver to the city a bond in the penal sum of two thousand five hundred dollars to guarantee faithful performance under the terms and conditions of the contract, the bond to be executed by a surety company authorized to transact such business in the state in a form approved by the city attorney.

(Ord. 166 N.C.(2d) § 6, 1973.)

The contract shall not be assigned, in whole or in part, without the prior written consent of the city council.

(Ord. 166 N.C.(2d), § 7, 1973.)

The operator awarded an exclusive contract as provided in this chapter shall remove and tow without cost or expense to the city any disabled vehicle (i.e., one not capable of being made operative at the scene by standard service) which is owned by or leased to the city and which is located within or in close proximity to the city (not more than one mile from city limits) to the city corporation yard or other designated storage area.

(Ord. 166 N.C.(2d) § 8, 1973.)

The failure of the operator to conform to the standards and quality of service to be provided under this chapter, or other good and sufficient cause shall be grounds for termination of the contract by the city manager upon thirty days' written notice to the operator; provided, however, that the operator may appeal such decision to the city council by filing a written notice of appeal at the office of the city clerk within ten days after the giving of notice of termination by the city manager. The city council shall hold a public hearing on the appeal, may continue the hearing as convenience and justice dictate, and shall affirm, modify, or rescind the action of the city manager. Upon the filing of a timely notice of appeal, the decision of the city manager to terminate the contract shall be automatically suspended, and the contract shall remain fully effective pending final disposition of the appeal by the city council.

(Ord. 166 N.C.(2d) § 9, 1973.)

It is unlawful for any towing service operator who does not have the exclusive contract as provided in this chapter to remove from any public street, highway, alley, lane, or parkway, or tow or cause to be towed away, any vehicle coming within any of the categories described in Section 5.40.010; provided, however, that the owner, operator, or other person lawfully in charge of such vehicle is excepted and may designate any towing service operator to be used for the removal or towing of his vehicle.

(Ord. 166 N.C.(2d) § 14, 1973.)

It is unlawful for any operator, his agent, or employee, to solicit any towing job at the scene of an accident without having first been called by the owner, operator, or other person lawfully in charge of the damaged or disabled vehicle, or by an authorized city employee.

(Ord. 166 N.C.(2d) § 11, 1973.)