Wasco Municipal Code Ch. 10.54 Towing of Vehicles

Sections: 10.54.010 Definitions. 10.54.020 Purpose and intent. 10.54.030 Letter of authorization required. 10.54.040 Business application process. 10.54.050 Minimum requirements. 10.54.060 Rotation of tow referrals. 10.54.070 Transferability. 10.54.080 Fees. 10.54.090 Solicitation prohibited. 10.54.100 Revocation or suspension of the letter of authorization. 10.54.110 Appeal. 10.54.120 Council to set time, place of hearing. 10.54.130 Notice of hearing.

For the purposes of this chapter, the following words and phrases shall have the meanings ascribed in this section as follows:

"Business license" means a license issued by the city according to Chapter 5.04.

"City" means the city of Wasco.

"City manager" means the city manager of the city of Wasco or his or her designee.

"Nonconsensual towing service" means towing services provided to the city’s police department in situations where vehicle owners are unable to consent to having their vehicle towed, such as in cases of severe accident, where a vehicle is being towed for being illegally parked on public property or towed as a result of a police order.

"Police chief" means the chief of police of the city of Wasco or his or her designee.

"Police department" means the Wasco police department.

"Rotation list" means 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" means the city’s rules and specifications for towing services and vehicle storage facilities promulgated by the police chief.

"Tow vehicle" means 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 car" and "tow vehicle" are included in this definition.

"Tow vehicle driver" means the driver of an authorized tow vehicle used for towing another motor vehicle.

"Towing carrier," "towing provider" or "tow service" means a towing company or business entity and the owner(s) and/or managing employee(s) of a towing company. (Ord. 731 §1, 2025).

It is the purpose and intent of this chapter to establish towing regulations to govern the provision of nonconsensual towing services to the city’s police department, consistent with state and federal laws, as well as the public health, safety and welfare. A further purpose is to provide a fair and impartial means of distributing police requests for towing services among qualified tow services; and that all tow services provided for the citizens of the city of Wasco are thoroughly checked for safety and cleared of felonious or other problematic criminal backgrounds thus operating in the best interest of the public as well as the interest of the police department.

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. Instead, these regulations, along with the rules and specifications to be promulgated by the police chief in conjunction with this chapter, are intended to provide a fair and objective method of selecting towing service providers from among qualified firms to insure that towing providers and drivers selected provide the police department and the public with prompt, safe and comprehensive towing services using the latest in towing technology and vehicle towing and storage safety. (Ord. 731 §1, 2025).

In order to operate a tow service with referrals from the Wasco police department, a letter of authorization from the chief of police is required. Such letter of authorization is in addition to a city business license. In order to operate any independent tow service in the city of Wasco for personal tow requests, tow companies are required to obtain a Wasco city permit which includes the same standard tow company and driver checks as agencies placed on the tow rotation. This regulation applies only to the operation of tow truck service or tow truck drivers whose principal place of business or employment is within the jurisdiction of the city of Wasco. (Ord. 731 §1, 2025).

Every tow company business intending to provide service within the city of Wasco shall apply and complete a Wasco police department tow service application. Each application for a letter of authorization shall contain the following:

A. General information regarding the towing service business name, legal owner(s) and any other person having financial interest, shared facilities with other tow companies, affiliations with automobile clubs or associations, all parties having a financial interest in the towing service and their prior criminal history;

B. Completion of the Tow Operator/Driver Information for All Drivers. Information on all associated employees, owners or agents including full names, dates of birth and California driver’s license numbers;

C. Equipment. Submission of a list of vehicles and towing equipment thereof; including license, VIN numbers, rated capacity, or any other vehicle equipment information which may be requested by the reviewing application officer. All tow vehicles must conform to state law standards, and carry appropriate tow truck equipment specified by the truck class. All tow businesses must have State Department of Motor Vehicles motor carrier permits and have certified California Highway Patrol safety net driver/vehicle inspection reports. Tow drivers must be able to obtain Department of Motor Vehicles "pull notices" which verify the driver’s record and license classification for operation of a tow vehicle;

D. Communications. Submittal of information pertaining to the type and capabilities of communication equipment and the ability to quickly receive communications from the police department;

E. Business Location. Indication of where the business office and storage yard are located as requested in the storage facilities section of the tow service application. (Ord. 731 §1, 2025).

The following minimum requirements must be met before a letter of authorization is issued:

A. Business Office. The business office must be located inside or within one mile of the Wasco city limits. Provisions must be made to allow twenty-four-hours-a-day, seven-days-a-week contact with the tow service.

B. Storage Yard. The storage yard must be located inside or within one mile of the Wasco city limits, and must be at least five thousand square feet in size. The yard must have the capability of storing a minimum of thirty vehicles. A fence or other approved barrier must surround the yard to prevent unlawful entry, theft or vandalism to the stored vehicles.

C. Building and Zoning Requirements. All towing service buildings, storage lots and accessories thereto must conform to city or county building and zoning requirements.

D. Insurance. Public liability, property damage, fire and theft insurance shall be maintained by the tow service with a copy of such insurance on file with the city clerk. Insurance coverage will be determined by the chief of police to follow current industry standards. The standards will be reviewed yearly and any changes will be forwarded to all licensed tow business by mail.

As a condition of approval, the towing service must list the city as coinsured and will assume the defense of, indemnify and hold harmless the city, all its agents, employees and officers thereof, from all liability, claims of liability arising by reason of injury, death, damage to persons and/or property occurring as a result of services provided pursuant to the letter of authorization and subsequent provision of service.

E. Responsibility. The towing service shall keep all stored vehicles/contents free from damage, theft or vandalism and shall accept full responsibility for the safekeeping of the vehicle while in the possession of the towing service.

F. Equipment Standards. The towing service will be required to maintain a minimum of two tow vehicles. These vehicles must be equipped as required in California Vehicle Code Sections 27909, 27700, and any other section dealing with tow vehicles.

G. Records. The towing service shall be required to keep and maintain in proper fashion records pertaining to the towing, storage, release or sales of all vehicles towed by the tow service as well as any other records, procedures or documents required by the Department of Motor Vehicles.

H. Background Check. The owners, operators, employees or agents of the tow service are subject to a check of criminal history, civil actions, and consumer complaints by the Wasco police department. Involved parties of the tow service must be free of any criminal conviction relating to thefts, embezzlements, narcotics sales or usage. Additionally, a record of civil claims made and substantiated against the tow service for actions arising from the provision of tow services shall be considered as a reason for disqualification. Applicants for a letter of authorization will be required to sign a waiver allowing the Wasco police department to conduct an inquiry into their respective criminal history records. All approved tow operators will have a city of Wasco tow operator identification card provided for them and must have their ID card visible when responding to any tow request by the police department or citizen. No tow operator will be approved to tow any vehicle in the city of Wasco without an authorized tow identification card. All identification cards must be reissued after one year. It is the tow business owners’ responsibility to return all identification cards provided by the city of Wasco or be subject to a two hundred fifty dollar loss charge.

I. As the laws concerning tow companies adapt and change due to advances and public expectations, the application process must be understood to be a fluid process. New laws or expectations may be required of agencies operating within the city of Wasco. Any new changes will be sent out to agencies via certified letter containing the change or requirement with a completion date of when the change is expected to be completed by the tow service. (Ord. 731 §1, 2025).

A. Number of Tow Services in Rotation Schedule. No more than three tow services will be permitted to be on the Wasco police department referral rotation schedule.

B. Rotation Schedule. Each tow service will be placed on a rotation list as developed by the Wasco police department.

C. Reassignment of Tow Service Due to Delay or Unavailability. The tow service is required to contact the Wasco police department and advise whenever the anticipated time of arrival of the tow service exceeds twenty minutes. The police department contact will make the determination, based on the facts of the incident, on whether or not a different tow service will be contacted and assigned to perform the tow. If a different tow service is requested, the tow service first contacted will be notified of the change. No charge will be accepted from the tow service first notified. (Ord. 731 §1, 2025).

Each letter of authorization issued pursuant to this chapter is nontransferable. If a tow service sells, transfers title to, assigns, leases or subleases a tow service operating under a letter of authorization, the letter of authorization shall become null and void as of the effective date of transaction. All tow operator identification cards must be returned to the police department. (Ord. 731 §1, 2025).

A processing fee of two hundred fifty dollars will be assessed to cover the expense of the police department’s inspections, processes, records check and issuance of the letter of authorization. This fee is nonrefundable. The letter of authorization shall remain in full force and effect until it is revoked, suspended or the owner conducts a business transaction as delineated in Section 10.54.070. (Ord. 731 §1, 2025).

No tow service member or employee shall solicit any tow job at the scene of an incident without first being contacted by the owner, operator or person in control of a vehicle, or by a member of the Wasco police department. (Ord. 731 §1, 2025).

The chief of police may revoke or suspend the letter of authorization issued pursuant to this chapter if he or she determines the tow service is in violation of any provision of this chapter. Revocation or suspension of the letter of authorization may also be invoked for any action or omission on the part of the tow service or parties thereof, which would tend to create a negative image of the tow service or the city. If the action is deemed insufficient for permanent revocation, the chief of police may opt to suspend the tow company from performing any tow service in the city of Wasco for up to thirty days. Delays in service requests, or continued unavailability of a tow company on the police rotation log may result in suspensions as well. (Ord. 731 §1, 2025).

Any person aggrieved by any decision of the chief of police with respect to the issuance, refusal, rejection or revocation of a letter of authorization required by this chapter may appeal to the city council within ten days after receipt of notification of such decision by filing a notice of appeal with the city clerk. (Ord. 731 §1, 2025).

Upon receiving an appeal authorized under Section 10.54.110, the council shall set a time and place for the hearing of such appeal. The time for such appeal shall be within a reasonable time after the filing of the appeal. (Ord. 731 §1, 2025).

The city clerk shall give notice to the person making an appeal in accordance with Section 10.54.110 of the time and place of hearing by having served it personally, or by depositing it in the United States mail. (Ord. 731 §1, 2025).