Vernon Municipal Code Ch. 10.32 Non-Consensual Franchise Towing Fee

It is the intent of this chapter to prescribe the basic regulation for the operation of "official police tow services (OPTS)" in police emergency situations and in the removal of vehicles which are apparently abandoned, or where the driver is unlicensed, or the driver has a suspended or revoked drivers license, or the vehicle was involved in a collision, or which the vehicle constitutes an obstruction to traffic because of mechanical failure. It is the purpose of the City Council in enacting the ordinance codified in this chapter to provide a fair and impartial means of distributing requests for towing services among qualified firms, and to insure that such service is prompt and reasonably priced, and in the best interest of the public as well as the interest of efficient policing operations for the removal from public streets of such vehicles.

(Prior code § 4B.1)

The provisions of this chapter shall not apply to any of the following:

A. Towing operations which do not first bid and later contract with the City to provide official police towing services.

B. Towing operations when providing consensual towing services at the request of the owner or operator of the motor vehicle.

C. Towing operations when providing towing service exclusively to members of an association, automobile club or similar organization which receives remuneration only from the sponsoring association, automobile club or similar organization.

(Prior code § 4B.2)

"Attendant" or "operator"

means a trained and/or qualified individual responsible for the operation of a tow car, tow truck or vehicle storage facility.

"Chief of Police"

means and includes Chief of Police or the Chief of Police's designee.

"City"

means City of Vernon.

"City Administrator"

means and includes City Administrator for the City of Vernon.

"City Clerk"

means and includes City Clerk for the City of Vernon.

"Finance Director"

means position appointed by the City Administrator and his or her charge of the administration of the financial affairs of the City of Vernon.

"Franchise fee"

means that certain sum of money paid by the owner, operator, or authorized representative of same, of a towed vehicle by the franchised wrecker for remittance to the City, as a portion of the towing fee.

"Official police tow service"

means a towing company having a contractual relationship with the City of Vernon to provide exclusive towing services to the Vernon Police Department. An official police tow service shall be used by the Vernon Police Department for any police emergency situation where a tow truck is required.

"Police Captain"

means and includes Captain of the Vernon Police Department or the Captain's designee.

"Removal of vehicles"

means all circumstances authorizing a Vernon Police Department officer or other City employee to request towing of a motor vehicle pursuant to California Vehicle Code or other applicable law.

"Revenue Division"

means the City of Vernon Revenue Division of the Finance Department.

"Tow car" or "tow truck"

is a motor vehicle which has been altered or designed and equipped for and exclusively used in the business of towing vehicles by means of a crane, tow bar, tow line, or dolly, or is otherwise exclusively used to render assistance to other vehicles.

(Prior code § 4B.3)

A. The City Clerk shall be authorized to advertise for bids by towing operations who seek to contract with the City to provide official police towing services. All persons submitting bids shall be provided by the City Clerk with a copy of the ordinance codified in this chapter and an official police tow services contract and bid form.

B. In the bid, the applicant shall state whether it will agree to charge fees and charges outlined on the official police tow services contract including a franchise fee for being the official police tow service for the City of Vernon.

C. Additionally, each bid shall state the rates, fees and other charges for the following, when the tow is initiated by a call from the City:

1. The standard tow rate (and any variations in the standard rate for night tows).

2. Impoundment rates for day and night and whether an after-hours release fee is charged.

3. Hourly rates for extended service, based on a 20 minute maximum normal time after arrival at the location for the tow.

4. Daily storage fees and list of other miscellaneous tow operation fees.

D. Bids shall also state the following:

1. Whether the tow operation will provide service calls for the Vernon Police Department 24 hours a day, including holidays.

2. The tow operation's daily business hours.

3. The name, title, home address and business address and telephone number of the individual who submits the contract bid on behalf of the tow operation.

4. If the tow operation is a partnership, the name, address and telephone numbers of all partners. If the tow operation is a corporation, the name, address and telephone numbers of the corporation's chief executive officer and all other corporate officers.

5. The location and description (including VIN number) and tonnage of each tow truck owned and operated by the towing operation available for use within the City.

6. Description of tow dollies and other towing operation equipment maintained by the towing operation.

7. A copy of the tow operation's current insurance policy or policies which cover the operation of the applicant's tow trucks and other business equipment for both bodily injury and property damage.

8. Whether the applicant, or any person involved with the applicant has been refused a towing permit or contract or had a towing permit or contract suspended or revoked by this City or any other City.

9. The names and address of the individual designated by the applicant towing operation to receive all City notices including any notice of revocation or cancellation of the official police services contract and tow truck operator's permit.

10. The extent to which the applicant is willing to offer free or reduced price service for City vehicles. No towing operation or towing service subject to this chapter shall charge the City more than $35.00 as a flat rate fee for tire changes for City vehicles. Each towing operation or towing service subject to this chapter shall provide up to five free tows per year at the request of the City.

11. A copy of the tow operation's current permit or certification issued by the California Highway Patrol.

12. Such other information as is required in the notice inviting bids.

(Prior code § 4B.4)

A. After all bids have been received, the City Clerk will review the bids with the Chief of Police and the Police Captain.

B. In reaching a decision on the selection of towing operations, the Chief of Police and the Police Captain shall take into account the following:

1. Whether the towing operation applicants can satisfy the insurance, business license, and tow operator permit requirements of this chapter.

2. Whether the applicants are qualified on the basis of prior experience in the towing operation business and financial responsibility.

3. The type and physical condition of the towing equipment and storage facilities. All tow vehicles and equipment must comply with all state or applicable Federal requirements.

4. Whether the applicants have a history of prior tow operation permit or contract revocation or cancellation in this City or other cities.

5. Whether the applicants can reasonably conduct an official police towing service which will comply with the requirements of this chapter.

6. Whether the applicants will accept all tows requested by the City, including tows of abandoned or dismantled vehicles and/or tows requiring special equipment.

C. Once a selection is made by the Chief of Police the approved official police towing provider will be presented before the City Council for final approval. The approved official police towing service shall enter into an agreement with the City for a period of three years. No fees or rates shall be increased during the contract period without approval of the City Council.

D. Non-winning bids may be placed on a rotation towing list to be used if the official police towing service is unable to respond to police requested towing services.

(Prior code § 4B.5)

A. Tow truck operators designated as an "official police tow service" as defined in Section 10.32.030 shall enter into an agreement with the City, which agreement shall contain eligibility requirements, operating regulations, and fee schedules as adopted by the City Council. The selected official tow service shall post in a conspicuous place in the interior of each tow truck operated by said "official police tow service" an approved rate schedule in a form and location approved by the Chief of Police.

B. The City shall set the franchise tow fee schedules by using a competitive bidding process. The term of official police tow truck service agreements shall be three years. The official police tow service may also include as part of the tow fee the per tow franchise fee as required by Section 10.32.080.

(Prior code § 4B.6)

Official police tow service shall have a valid license to do business in the City of Vernon.

(Prior code § 4B.7)

The official police tow service shall pay monthly to the City during the term of the agreement, a per tow franchise fee. Terms and provisions for payment of the fee shall be in the agreement.

(Prior code § 4B.8)

A. Official police tow services shall provide towing equipment capable of providing for the following services:

1. Recovery trucks with an adjustable boom with at least five ton of lifting capacity.

2. Wheel lift towing.

3. Roll back/flatbed towing.

4. Towing in parking garages.

5. Towing from off-road areas.

6. Towing of large and oversized vehicles.

7. Towing of motorcycles without causing additional damage.

B. All tow trucks shall be equipped as provided in the California Vehicle Code.

C. Official police tow services shall, at all times, have at least three fully equipped and operational tow trucks in service. All of the tow trucks in service must have a minimum capacity of one ton. At least one of the tow trucks in service must be a flatbed tow truck. At least one of the three tow trucks in service must have a five ton lifting capacity.

D. Every official police tow service shall be equipped for and have personnel proficient in unlocking locked vehicles when requested to do so by Police Department employees.

(Prior code § 4B.9)

A. All requests for towing service and the removal of traffic hazards shall be made through the Police Department. Official police tow services shall provide towing service when:

1. The owner or driver of a disabled vehicle is unable to or fails to specify a garage or tow service.

2. A disabled vehicle presents a traffic hazard that renders any request by the driver or owner of the vehicle for an alternate tow service impractical.

3. A Police Department employee requests a towing service for the purposes of storing or impounding a vehicle, and the owner or driver is not present or not consulted due to an arrest.

B.

1. Official police tow service's business office shall be located within 150 feet from the storage yard and attended at all times for servicing the public and the City.

2. Official police tow service may make an additional charge for after normal business hours and holiday release of vehicles as provided in the California Vehicle Code.

3. Official police tow service must be available to promptly respond 24 hours a day, seven days a week for all requests by the City for towing services.

4. Official police tow service shall release vehicles stored or impounded by the Police Department, pursuant to authorization provided by appropriate employees of the Police Department. Such authorization shall be in writing on a form provided by the Police Department or may be given verbally by employees authorized by the department to provide verbal releases.

5. A stored vehicle is any vehicle removed from a site and taken to the tow yard at the direction of a Police Department employee and, for which a vehicle report (currently, form CHP 180) is provided to the official police tow service or where such vehicle is involved in a traffic collision.

6. An impounded vehicle is any vehicle containing evidence of a criminal activity, or which in and of itself provides evidence of a criminal act, that is removed from a site and taken to the tow yard at the direction of a Police Department employee and for which a vehicle report (currently, form CHP 180) is provided to the official police tow service.

7. "HOLD" is a designation by the storing/impounding Police Department employee requesting a level of care above that generally accorded to stored or impounded vehicles. "HOLDS" expire 10 calendar days after the date of the tow, unless otherwise extended by a Police Department employee.

8. Every official police tow service shall provide notice to the Police Captain, or the Captain's designee, whenever a vehicle with a "HOLD" is stored in excess of 72 hours. Failure to provide written notification to the Police Captain, or the Captain's designee, shall result in forfeiture of official police tow service's right to storage fees.

9. All vehicles stored or impounded as a result of a tow ordered by the Police Department shall be made available to the owner of the vehicle or his or her representative, any insurance agent, insurance adjuster, or any body shop or car dealer, for the purpose of estimating or appraising damages, except vehicles with a "police hold."

C. Removing Hazards. After being dispatched by the Police Department to the scene, the tow truck operator shall cooperate with police officers in removing roadway hazards and illegally parked vehicles as requested. It is the duty of the police officers to determine when such vehicle should be impounded or moved, and the tow truck operator shall abide by their decisions.

D. The official police towing company shall comply with Section 27907 of the California Vehicle Code regarding signs on tow trucks.

E. The owner(s) of towing companies participating in towing assignments by the Police Department shall be responsible for the acts of their employees while on duty. Towing company shall be responsible for damage to vehicles while in its possession caused by the active or passive negligence of the official police tow service.

F.

1. All towing company's records, equipment, and storage facilities will be subject to periodic checks by Police Department or other City investigators during normal business hours.

2. Throughout the term of this agreement, every official police tow service shall maintain all offices, storage facilities and equipment in a neat, clean and organized manner.

3. The franchisee shall maintain at least two qualified drivers to respond to requests for service by the Vernon Police Department at all times.

4. Every official police tow service shall provide access to employees of the City at any time during normal business hours, for the purpose of inspection or audit to determine that the objectives and conditions of this agreement are being fulfilled.

G. The official police towing services shall record its time in and its time out on every tow truck assignment. Such records shall be available and open to City examination.

H. All official police towing services shall submit a monthly report to the Chief of Police and Finance Director, which shall include the following:

1. Total police impounds.

2. Number of times dispatched by Vernon Police Department.

3. Number of these calls resulting in impounds.

4. Number of vehicles sold on lien sale under authority of Section 3072 Civil Code, and reporting said lien sales as per authority of Section 22705 CVC.

5. Number of vehicles sold under authority of Section 3073, Civil Code.

6. Names and addresses of buyers and description of vehicles when sold.

7. Number of calls answered in which time beyond one hour was required to handle.

I. All official police towing services shall comply with the following communications requirements:

1. Official police tow service shall subscribe to an answering service used in common with all other official tow companies.

2. Official police tow service shall require the answering service to retain data and records relating to the City's requests for towing services on premises for the term of the contract.

3. Official police tow services shall require the answering service to promptly accept and relay requests for towing services made by the City. Failure or refusal to promptly relay the City's requests for towing services shall constitute failure to comply with the requirements, terms and conditions of this agreement and may result in termination of the agreement.

4. Official police tow services shall install and maintain at all times during the length of this agreement communications between their tow vehicle(s) and the official answering service. This communication may be either two-way radio or cellular telephone.

5. Official police tow service shall maintain a 24 hour per day communication contact with their tow vehicle(s).

6. Official police tow service shall maintain a 24 hour per day telephone service to receive calls from the public.

J. Official police tow service shall have a secure and environmentally safe vehicle storage facility with a minimum vehicle storage capability of 100 vehicles.

1. The vehicle storage facility must be located within seven miles of the corporate City limits of the City of Vernon.

2. The vehicle storage facility must be completely enclosed by a substantial wall or fence with no holes, gaps or other unsecured openings, and a gate. The wall or fence shall have two or more strands of barbed wire installed in such a manner as to discourage access over the top of the wall or fence, or the wall shall be a minimum of eight feet in height without barbed wire. All gates into the storage yard shall meet the same standards required of the wall or fence.

a. Any damage to walls, fences or gates which allow unauthorized access must be repaired within 24 hours.

3. The vehicle storage facility shall have adequate lighting, and comply with all applicable building codes, zoning regulations, environmental laws and regulations, and any and all the applicable laws, rules and regulations established by Federal, State, County and/or City governments.

4. The vehicle storage facility must have adequate storage facilities to provide storage of two vehicles within an enclosed area, totally protected from the weather, contamination or handling by unauthorized person(s).

a. The Police Department will designate when a vehicle is to be placed into inside storage and may place a seal on each door of the vehicle and/or door(s) of the impound facility. Vehicles placed into inside storage shall not be removed without authorization from the Police Department.

5. The vehicle storage facility must provide an inspection area for authorized members of the Police Department. Such area shall have, at a minimum, a covered inspection area (roof) with a paved (concrete or asphalt) surface.

6. No official police tow service shall perform any work upon any vehicle stored or impounded by the Police Department without first obtaining authorization from the Police Department and the registered owner of the vehicle.

7. Official police tow service shall not dispose of any impounded vehicle, through any process whatsoever, without first obtaining authorization from the Police Department.

K. Official garages when disposing of unclaimed vehicles shall abide by all Federal, State and local laws pertaining thereto.

L. All vehicles stored or impounded as a result of a tow ordered by the Police Department shall be towed directly to an official storage lot unless the Police Department or other person legally in charge of the vehicle requests that it be taken to some other location. Vehicle release fees shall be established by resolution of the City Council.

(Prior code § 4B.10)

A. When it becomes evident that there will be a delay in responding to a request for towing service, the towing company shall advise the Police Department of this delay and the reason for the delay.

B. Official police tow services agree that, for any 30-day period, the average response time pursuant to requests for tow service by the Police Department, shall not exceed 20 minutes. Official police tow service also agrees that the maximum response time for any single request for tow service by the Police Department shall not exceed 30 minutes. Response time is defined as the elapsed time between the relaying of the tow service request to the answering service and arrival of the tow vehicle on the scene.

(Prior code § 4B.11)

A. The official police tow service shall be placed on a "rotation list" in an initial order to be determined by the Police Department. Whenever official tow service cannot respond all equipment needed to accomplish tows at a specific scene within the response time specified herein, the next company on the rotation list shall be called to provide service to the remaining vehicle(s). The rotation list shall be used whenever a driver or owner of a disabled vehicle is unable to specify a particular garage or tow service.

B. Official police tow service shall be called in response to a Police Department request, and shall have exclusive right to provide towing service as follows:

1. Official police tow service shall have preference to tow all vehicles from a specific scene, provided that official police tow service responds all equipment needed to accomplish the tows within the response time specified herein.

C. Whenever the driver or owner of a disabled vehicle specifies a particular club, association or tow service be called to provide service, such calls shall not constitute a "rotation" call.

D. Whenever a Police Department employee determines that an emergency exists because official police tow service is unable, for any reason, to provide adequate tow service, the Police Department employee shall have the right to have such duties performed by any other means available.

(Prior code § 4B.12)

The contractual agreement shall be subject to cancellation, revocation or suspension by the Chief of Police either as a whole or as to any person or vehicle described therein. The procedure for such cancellation, revocation or suspension is set forth in this section. The contract holder shall be given five days' notice to appear before the Chief of Police, or the Chief of Police's designee, to show why the contract should not be revoked or cancelled for any of the following reasons:

A. Nonpayment of any City business license fees or other fees provided in the contract or by the Vernon City Code.

B. Breach of any rules, regulations, or conditions set forth in the contract or the Vernon City Code.

C. For the violation of any Federal, State or local law by the contract holder, any person having any ownership interest in the official police tow service or any employee of the official police tow service.

D. For failure to maintain a satisfactory level of service to the police or public.

E. For failure to keep any such vehicle in safe condition and good repair.

F. For failure to use distinctive coloring, monogram, or insignia.

G. For any deviation from the schedule of rates set forth in the contract.

H. Passing on a tow assignment three or more times in any calendar month. "Passing" is defined as refusing, for any reason, any tow assignment from the Vernon Police Department.

I. For any cause which the Vernon Police Department finds makes it contrary to the public interest, convenience, necessity, or general welfare for the contract to continue.

(Prior code § 4B.13)

A. All police tow operators' towing equipment, facility or facilities shall be inspected annually one time per year, with notice, during normal business hours by the Vernon Police Department, or its designated agent, and a report filed thereon.

B. Any police tow operator's towing equipment, facility or facilities may be inspected with or without cause, without notice, during normal business hours by the Vernon Police Department, or its designated agent, and a report filed thereon.

C. If any deficiencies or equipment violations are discovered, the police tow operator will be so advised in writing. The police tow operator will be given 10 business days to rectify the deficiency or violation. Failure to comply will result in the police tow operator agreement being suspended until all violations are corrected.

D. If, in the opinion of the Vernon Police Department, the deficiencies or equipment violations, which are discovered, prevent any vehicle from being operated in a safe manner, the unsafe vehicle(s) will be taken out of service. Failure to comply will result in the police tow operator's agreement being suspended until the unsafe vehicle(s) passes inspection.

(Prior code § 4B.14)

A. Each police tow operator shall file with the Vernon Police Department, the name, address, date of birth, driver's license number, and all other information required of any tow unit driver employed by the permit holder subsequent to the date of the tow operator permit application, which information shall be filed not later than 10 business days following the effective date of hiring.

B. Each police tow operator shall notify the Vernon Police Department of the name of any tow truck driver no longer employed by such permit holder. This notification shall be given to the Vernon Police Department no later than 10 business days following the last date of the driver's employment by the permit holder.

C. Each police tow operator shall notify the Vernon Police Department of the identity of any tow truck driver whose license is suspended. The operator shall not be authorized to operate in Vernon unless the operator has provided proof from the Department of Motor Vehicles of the ability to operate a vehicle during work hours.

(Prior code § 4B.15)

Tow drivers for all police tow operators shall be proficient in the use of the tow truck they are driving and related equipment, but limited to the procedures necessary for the safe towing and recovery of various types of vehicles. It is the responsibility of the police tow operator to ensure its drivers are qualified and competent employees of the business. The training procedures will be in writing and the police tow operator will provide a copy to the Vernon Police Department.

(Prior code § 4B.16)

A. For equipment violations or business omissions, where the Police Department desires to provide official police tow service the opportunity to correct such violations or omissions the Chief of Police, or the Chief of Police's designee, may suspend official tow service from providing service for a period of time, not to exceed five calendar days. Such suspension shall not be considered punitive and shall be for the specific purpose of providing official police tow service time to correct specified violations or omissions.

B. For substantive violations of the agreement between the official police tow service and the City of Vernon, where the Police Department intends to take punitive action against official police tow service, the Chief of Police, or the Chief of Police's designee, may suspend official police tow service from providing services for a period of time, not to exceed 10 days, in preparation for a hearing.

C. The Captain of the Vernon Police Department, or the Captain's designee, shall conduct such hearing and may receive information from any source deemed relevant to the inquiry.

D. The purpose of the hearing shall be to determine the factual basis of the allegation(s) against the official police tow service.

1. The hearing shall be informal in nature.

2. Formal rules of evidence (California Evidence Code and/or the Federal Rules of Evidence) shall not apply.

3. Official police tow service shall have the opportunity to respond to the allegations and present information relevant to official police tow service's defense.

4. At the conclusion of the hearing or within a reasonable time thereafter, the Police Captain, or the Captain's designee, shall make a finding as to whether the allegation(s) are "Founded" or "Unfounded."

5. Upon a finding the allegation(s) are "Founded," the Police Captain, or the Captain's designee, shall so advise the Chief of Police. The Chief of Police shall determine the appropriate sanction to be taken against the official police tow service.

a. The Chief of Police may extend the suspension of official police tow service for a period of time, not to exceed 30 additional days; or

b. Permanently remove official police tow service from providing service in response to Police Department request.

6. The Chief of Police, or the Chief of Police's designee, shall notify official police tow service of his or her finding and/or sanction to be imposed in person, by registered mail, or by written notice hand-delivered to official police tow service's business office.

7. Official police tow service may appeal the finding of, or the sanction imposed by, the Chief of Police to the City Administrator.

8. An appeal must be requested within 10 days. At the conclusion of the appeal or within a reasonable time thereafter, the City Administrator shall make a finding as to the imposed sanction.

(Prior code § 4B.17)