Chapter 5.64 — TOW CAR SERVICE

No person shall conduct or operate within the city a motor vehicle towing service available to members of the general public involving the use of "tow cars" as that phrase is defined in the Motor Vehicle Code of the state, without first obtaining a permit from the city in the manner prescribed in this chapter.

(Prior code § 6250)

Any person desiring to obtain such a permit shall submit to the city treasurer an application therefor, in a form prepared by the clerk. The application form shall include, among other things, the name and business organization of the applicant including the name of a managing employee, a list of equipment proposed to be used and the rates proposed to be charged, the location of office facilities and impound or storage yard.

(Prior code § 6251)

The city council by resolution shall establish the filing and processing fee, which fee shall be paid contemporaneously with the filing of an application for a permit pursuant to this chapter.

(Prior code § 6252)

Upon receipt of an application, together with the required filing and processing fee, the city clerk shall cause such investigation to be conducted as may be warranted with reference to the application, in order to ascertain whether the standards set forth in Section 5.64.050 are met with respect thereto. Upon completion of the investigation, the city clerk shall set the matter for hearing before the city manager and shall give notice of such time and place of hearing to the applicant, and to any other person who has, in writing, requested notice as to the application.

(Ord. 2295 § 1(part), 1983: prior code § 6253)

A.

At the time and place set for the hearing, the city manager shall consider the application, the results of the investigation, and such other material as the applicant, or any other interested person, may present with reference thereto. If, as a result of the consideration of the matter, the city manager shall issue the permit if he/she finds that:

There is a need for the service proposed to be rendered in the city; and

The applicant has qualified persons available who will operate all of the equipment proposed for use in the operation; and

All of the equipment proposed for use in the operation meets all applicable requirements of the Vehicle Code of the state, together with other applicable laws.

B.

Where reasonably necessary, the city manager may condition the approval if he/she finds any one of the standards set forth in subsection A of this section are not met, as to an application, he/she shall refuse to issue the permit.

C.

The decision of the city manager shall be final and conclusive in the absence of an appeal taken in the time and manner set forth in Section 5.64.060. The city manager shall, forthwith, give written notice of his/her decision to the applicant and to any other person who requests, in writing, written notice of the decision.

(Ord. 2295 § 1(part), 1983: prior code § 6254)

(Ord. No. 3112, § 2, 2-25-20)

The applicant, or any person who appeared at the hearing before the city manager, may file a written appeal with the city clerk, appealing the city manager's decision to the city council. Upon receipt of such an appeal, together with a filing and processing fee as required by resolution of the city council, the city clerk shall set the matter for hearing before the city council. Notice of the hearing shall be given to the applicant, and to any other person who requests such notice in writing. At the time and place of the hearing the city council shall consider the application, the results of the investigation, and all matters contained in the city manager's files with reference to the application, together with any material, written or oral, that the applicant or any other interested person desires to present bearing upon the application. The action of the city council shall be based upon the same standards governing the action by the city manager as set forth in Section 5.64.050. The action of the city council granting, conditionally granting or denying the permit shall be final and conclusive.

(Ord. 2295 § 1(part), 1983: prior code § 6255)