HomeMy WebLinkAbout23 ORDINANCE - TOW TRUCK 02-22-94AGENDA____
NO. 23
f ,'~ ,. 2-22-94
~ .-
DATE:
January 31, 1994
Inter-Com
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCI:
FROM- CITY ATTORNEY
SU8JECI: TOW TRUCK ORDINANCE REVISION
ED
FEB 3 %994
The City's Tow Truck Ordinance has been revised by the City
Attorney's office to reflect changes in the law. It has also been
reorganized and significantly pared down from the current
Ordinance. Some of the major proposed changes in the Ordinance are
as follows:
i ·
General Liability Insurance limits have been increased.
It was felt that the previous amounts did not adequately
protect the City or the public.
·
The Ordinance expands the city's ability to revoke or
deny a permit based on conviction of specified crimes.
It provides for automatic denial or revocation when a tow
truck driver has been convicted of numerous specified
crimes involving the operation of motor vehicles, sex
offenses, firearm offenses, incidents involving minors,
violence and drugs and alcohol. Much of the proposed
language tracks Vehicle Code Section 13377, which the
Department of Motor'Vehicles utilizes to revoke tow truck
driver certificates that it issues.
·
Recent court decisions have invalidated certain permit
review procedures where the City does not provide a
specific time for rendering a decision. The proposed
Ordinance requires the Chief of Police to render decision
on such an application within 21 days of the filing,
although if additional information is required, that
period can be extended· ~ '
·
Most permit denial or revocations determinations will be
made by the License and Permit Board under the proposed
Ordinance. This change is calculated to place the City
in a better legal position for defending its actions.
The Chief of Police will still be authorized to deny or
revoke a permit for specific enumerated reasons,
including convictions of various specified crimes.
Inter-Com to the Honorable Mayor and
Members of the City Council
Page Two
January 31, 1994
~
The Ordinance further provides that tow truck operators
are to be notified of the Ordinance provisions and have
sixty (60) days from the date of the adoption to comply
with its provisions.
~URKE
CITY ATTORNEY
..,~.~AV~D.DEPUTA~yy CITY ATTORNEY
DAD:cj · :S\3443
cc: W. Huston
c. Sh~cto.
Chief Franks
10
11
12
15
14
15
16
17
18
19
20
21
22
25
24
25
26
27
28
ORDINANCE NO. 1122
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, REPEALING PART 3 OF
CHAPTER 4 OF ARTICLE 3 OF THE TUSTIN CITY CODE
AND REPLACING IT WITH A NEW PART 3 GOVERNING
THE OPERATION OF TOW TRUCKS
The City Council of the City of Tustin hereby ordains as
follows:
Section 1: Part 3 of Chapter 4 of Article 3 of the Tustin
City Code is hereby repealed in its entirety and a new Part 3,
Chapter 4, Article 3 is added in its place to read as follows:
PART 3 TOW TRUCKS
3431 DEFINITIONS
"City" means the City of Tustin.
"Non-emergency towing assignment" includes towing of vehicles
that have been involved in a collision', but have been moved from
the scene; that have experienced mechanical failure, but have been
moved to a place from where they no longer constitute a hazard; or
that are mechanically operative, but are towed for convenience.
"official Police Towing .and Storage Service" ("OPTS") means a
towing company selected by the Chief of Police to be used on call
and on a rotating basis, for any police emergency situation where
a tow truck is required.
"Police Hold" means a vehicle impounded for special
investigation by the Police Department until cleared by the
investigating officers.
~ere specific reference is made to an OPTS service in this
Part, such reference shall apply only to OPTS services and not to
other tow truck services. All other references-to any tow tru~k
service shall include OPTS services and other tow truck services.
3432
TOW TRUCK PERMIT
a Permit Required
No tow truck service shall operate in the city without a valid
tow truck permit issued by the City. Such permit shall be in
addition to any business license or fee required by any other
provision of this Code.
f:hom¢\¢j~s'C-~3A.c'j · :R:01/2~/94
4
10
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Ordinance No. 1122
,
Page 2
b
Permit Exemptions
The provisions of this Part shall not apply to any towing
services which:
(1) Provide towing services exclusively to members of an
association, automobile club, or similar organization and
receive remuneration only from ~he sponsoring
association, automobile club or similar organization;
(2) Are licensed in other communities and come within the
City limits to deliver a vehicle picked up outside the
City to ai City residence or business.
,,
(3) Are licensed in other communities not contiguous to the
City and which come within the City limits on non-
emergency towing assignments with the purpose of towing
a disabled vehicle to another city for repairs. However,
persons/soliciting for non-emergency towing assignments
within the City are subject to the provisiOns of this
Part and are required to have a City issued /permit.
/
c Application/for Tow Truck Permit
!
Applications for tow truck permits shall be made upon forms
provided by citY, shall be verified, shall be accompanied by the
fee prescribed bY the City Council and shall contain:
(1) The name and address of the applicant and of the owner of
the tOwing service. (If the applicant or the owner is a
corporation, provide a copy of the certificate of
incorporation and a current statement by the Secretary of
State that the corporation is in good s~anding);
(2) The /trade or fictitious name, if any, under which the
applicant does business and proposes to do' business and
a copy of the Fictitious Business Name Statement on file
with the County of Orange;
(3) Th training and experience of the apPlicant in the tow
truck business;
/
,
(4) A /description of the tow trucks to be utilized including
state motor vehicle license numbers, color scheme,
ins ignia, name, monogram or other distinguishing
characteristics to be used to designate applicant's tow
trucks;
/
(5) The location and description of the place or places from
,Which the business will operate, including address of
/storage facilities, specifying equipment and personnel
/
10
11
12
13
14
17
18
19
20
21
22
24
25
26
27
28
ordinance No. 1122
Page 3
d
available at each place of business;
(6) A description of the method of operation of the
communication system between the place of business and
tow trucks as well as the means utilized for insuring
prompt dispatch of trucks upon receipt of call from the
requesting party;
(7) An accompanying permit fee of Twenty-five Dollars
($25.00) plus Ten Dollars ($10.00) for each tow truck the
applicant proposes to use in the business; and
(8) A schedule of rates to be charged for the services listed
on the form provided by the City. Applicants for OPTS
permits may submit a separate rate schedule which only
applies to OPTS service.
Liability Insurance Required
(1) At all times that a tow truck permit is in effect, all
tow truck service providers and OPTS providers operating
in the City must maintain insurance in the amounts set
forth below. All insurance required must be issued by a
company licensed to do business in California in the
lines of insurance required and must have an agent for
service of process in California.
(a) Automobile Liability Insurance: Applicants shall
maintain a policy of automobile liability insurance
.on a comprehensive form covering each owned, non-
owned and hired tow truck in the following minimum
amounts:
Combined Single Limit of
Liability of $300,000 per
occurrence.
OPTS Applicants -
Combined Single Limit of
Liability of $500,000 per
occurrence.
(b) Property Damage: Ail applicants shall maintain a
policy of property damage insurance on a
comprehensive form covering loss or damage to
vehicles belonging to others, including the
contents thereof, from all causes in the following
minimum amounts:
Combined Single Limit of
Liability of $50,000 per
4
10
11
12
15
14
1§
16
17
18
19
20
21
22
25
24
25
26
27
28
Ordinance No. 1122
Page 4
occurrence.
OPTS Applicants -
Combined Single Limit. of
Liability of $100,000 per
occurrence.
(2) Copies of applicable insurance policies shall be
submitted to the License and Permit Board for approval
prior to the issuance of each tow truck permit.
Satisfactory evidence that such insurance is at all times
in force and effect shall be furnished to the License and
Permit Board, on such forms as the City Clerk may
specify. All such policies shall require the insurer to
give ten (10) days notice to the City.Clerk prior to any
modification or cancellation.
(3) Ail OPTS permitees shall provide insurance policies in
the amounts required under this Part which name the City,
its officers, agents and'employees as additional insureds
and which provide that said policy cannot be canceled,
revoked, modified or terminated in any manner absent
thirty (30) days written notification of same to the City
Clerk. A certificate of insurance on a form provided by
the city evidencing same shall be provided along with a
copy of the policy. Insurance shall be provided by a
insurer with a Beet's Guide Rating Classification of
Class A or better and Financial Size Category of Class
VII or better.
e Investigation
Upon receipt of an application, the Chief of Police shall
inspect the vehicles and equipment and shall require the applicant
to be photographed and fingerprinted. The Chief of Police shall
complete an investigation and render a decision on the application
pursuant to this Part within thirty (30) days unless prevented from
doing so by lack of cooperation of the applicant and shall note
findings on the~ application form regarding the ~pplicant and the
adequacy and safety of the applicant's tow truck(s).
f Issuance of Permit
The Chief of Police may issue a permit in accordance with the
application. In reaching a decision, the Chief of Police shall
consider the following factors:
(1) Whether the applicant and personnel are qualified on the
basis of the criteria set forth in this Part;
(2) Whether the facilities and equipment which the applicant
Ordinance No. 1122
Page 5
3433
proposes to use are safe and adequate; and
(3) Whether the rate schedule is reasonable in relation to
the rates of other towing services in the vicinity.
DRIVER'S PERMIT
a Driver's Permit Required
It shall be unlawful for any driver to operate a tow truck in
the City without a valid permit obtained in compliance with this
Section.
10: b
11
12
15
14
15
16
17
18
19
20
21
22
24
25
26
27
28
Application for Driver's Permit
Application for a driver's permit shall be made to the Chief
of Police in the form prescribed by the Chief of Police. The
application shall be in writing, shall be accompanied by a fee as
prescribed by the City Council and an additional fee to pay the
fingerprinting cost imposed by ~he State of California. The
application must be verified by the applicant and endorsed by
applicant's employer.
c Notification of Felony
Every tow truck service provider shall notify the City within
24 hours of.obtaining knowledge that an employee has been arrested
or convicted of any misdemeanor or felony. Any employee convicted
of any crime specified in Section 3433e of this code shall not be
permitted to operate a tow truck within the City limits. The
License and Permit Board may, on a case-by-case basis, revoke or
suspend the driver's permit for other misdemeanor or felony arrests
or convictions.
d Issuance of Permit
Upon application for a driver's permit and before it shall be
issued, the applicant shall be fingerprinted and-a record there~rf
filed in the Police Department. No permanent permit shall be
granted for a period of two (2) weeks subsequent to the date of
said application, although the Chief of Police may issue a
temporary driver's permit during that time. The Chief of Police
shall notify the applicant within 21 days of the filing of a
complete application of the decision to deny or issue a permanent
permit. The fee shall be retained for the driver's permit, if
,granted, and for cost of examination if not granted. The driver of
a tow truck shall have the driver's permit posted in a conspicuous
place in the cab while driving.
!!i
2
4
.g
10
11
12
15
14
15
16
17
18
19
20
21
22
24
25
26
27
28
Ordinance No. 1122
Page 6
e Denial or Termination of Permit
The Chief of Police shall deny an application for a permit, or
having issued a permit, shall revoke or suspend the same, upon
determination of any of the following:
(1) The driver is under the age of 18 years;
(2) The driver has been convicted of any felony within the
past seven (7) years;
(3) The driver has been convicted of any offense involving a
firearm while in the course and scope of employment as a
tow truck operator or for carrying, concealing or
discharging a firearm from or in a tow truck;
(4) The driver has been convicted of any crime specified in
Vehicle Code Section 13377 or as may be amended;
(5) The driver has, within a period of five (5) years
immediately preceding such application, been convicted of
reckless driving or of any provisions of the Alcoholic
Beverage Control Act, Penal Code, California Vehicle
Code, or any other Code, which is directly concerned with
the operation of a motor vehicle while under the
influence of alcohol or drug, or combination thereof;
(6) The driver does not hold a valid operator's license
issued by the California Department of Motor Vehicles;
(7) The driver materially falsifies the permit application.
In addition, if the driver is unable to speak and write the
English language sufficiently to provide legible service bills
and/or respond to inquiries and directions from English-speaking
customers and/or police officers or other'government officials, the
Chief of Police shall recommend denial or termination of the permit
to the License and Permit Board which shall hold a hearing within
ten (10) working days of receipt of the Chief of Police--s
recommendation.
A driver's permit shall remain valid until the driver's
termination of employment with the employer for whom the permit was
issued or as may be terminated by the License and Permit Board or
the Chief of Police for cause as provided in this Code.
f Lists of Drivers
Each licensed tow truck company shall furnish to the Chief of
Police by the tenth (10th) day of each month a list of its
currently employed drivers. A new list is not required if there
4
10
11
12
13
14
15
16
17
18
19
20
21
22
24
25
26
27
28
Ordinance No. 1122
Page 7
has been no change in the list.
3434
STANDARDS FOR TOW TRUCK SERVICE
Equipment
(1) Ail tow trucks.must be equipped with all equipment, signs
and lights required by law for tow trucks engaged in
towing services, plus a white utility light.
b Standard Rules of Operation
(1) Ail police officers are specifically prohibited from
soliciting for or recommending any garage or tow service
either directly or indirectly.
(2) Requests for towing service and the removal of traffic
hazards may be made through the Police Department.
(3) Tow truck service providers shall not, via any
advertisements or other manner, publicize any official or
other connection with the City.
(4) Any additions to or deletions from the tow truck fleet of
any tow truck service provider shall be immediately
reported to the Police Department in writing, with
descriptions and information as specified in Section
3432c(4) above.
(5) Any change in operating locations of any tow truck
service provider shall be reported in writing to the
Police Department with information as specified in
Section 3432c(5) at least thirty (30) days prior to such
change.
(6) Ail owners of towing companies shall conduct their
business in an orderly, ethical, businesslike manner and
use every means to obtain and keep the confidence of the
public. -
(7) Vehicles impounded by the Police Department for special
investigation shall be held in maximum security until
cleared by the investigation officers, at which time the
owners shall be permitted a 48-hour grace period at no
charge in which to remove the vehicles from storage.
Contents of vehicles with a "Police Hold" shall not be
removed.
(8) Tow truck service providers shall be responsible for the
protection of police-impounded vehicles regardless of the
location of storage, until the vehicles have either been
10
11
12
15
14
15
16
17
18
19
2O
21
22
25
24
25
26
27
28
Ordinance No. 1122
Page 8
3435
released to their owners or disposed of through legal
process.
(9) Ail 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 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".
(10) The records of all vehicles impounded or stored at the
direction of the City shall be available for inspection
only to authorized employees or officials of the City.
(11) Storage lots shall be adequately lit, fenced and secured
with locked gates to maintain a maximum of security for
stored and impounded vehicles.
(12) Adequate impound space shall be provided to accommodate
vehicles held as evidence for the purpose of processing
such evidence.
(a) Impound space shall be protected by an enclosure
consisting of four walls, a roof and a door with a
locking device which provides protection from the
elements of weather and other forms of
contamination; and
(b) Protection shall also be provided to prevent
evidence contamination by employees and other
individuals during normal business hours.
(13) Ail vehicles stored or impounded as a result of a "tow
ordered by the Police Department" shall be towed directly
to an Official Police Storage Lot unless the Police
Department or other person legally in charge of the
vehicle requests that it be taken to some other location.
OFFICIAL POLICE TOWING AND STORAGE SERVICE (OPTS)
Application and Selection
(1) It is the intent of this Part to provide for OPTS
services in police emergency situations and in the
removal of vehicles which are apparently abandoned, or
involved in an accident, or which constitute an
obstruction to traffic. It is the purpose of the Cit5
Council in enacting this Part to (i) provide a fair and
impartial means of distributing requests for towing
services among qualified companies; (ii) to insure that
1
2
4
10
11
12
15
14
15
16
17
18
19
2O
21
22
24
25
26
27
28
Ordinance No. 1122
Page 9
such service is prompt and reasonably priced; (iii) to
insure that removal of vehicles is accomplished in a safe
and expeditious manner; and (iv) that such service is in
the best interests of the public and efficient Police
Department operations. .
(2) There shall be three (3) OPTS service providers selected
and designated to provide service at the request of the
Police Department. The number of OPTS service providers
may be altered upon a determination by the Chief of
Police that more or fewer OPTS services are required to
provide a sufficiently high level of service to the
public. If more than one entity is designated as an OPTS
service provider, the system of calling for service shall
be on a rotating basis.
(3) In order to be designated as an OPTS service provider an
applicant shall submit an application to the Chief of
Police in the same form as an application for a permit
under Section 3432 except that the application shall
designate that the application is made for an OPTS
service permit. The application shall contain the
information required for an OPTS permit and any other
relevant information which the Chief of Police may
require. The Chief of Police shall consider all
applicants and make a recommendation to the City Council,
based on the standards and requirements of this Part for
OPTS operations, ._as to which applicants are most
qualified to best serve the public interest. The Chief
of Police, upon authorization of the City Council, shall
enter into OPTS service contracts with those applicants
determined to be most qualified.
OPTS Standards for Tow Truck Service
(1) OPTS trucks must have at least two (2) rigs of one-ton
capacity with rear dual wheels;
(2) OPTS trucks must be equipped with red flares, lanterns
reflectors, hand tools, crow-bar, rope, broom, shovel,
dustpan, fire extinguisher (the dry chemical type),
portable red tail lights and stop lights for towed
vehicles, equipment for opening locked vehicles, and
safety snubber chain. Each tow truck service provider
shall have at least one set of dollies readily available
at all times, and one motorcycle sling;
(3) OPTS service providers shall have one (1) truck equipped
with a winch of sufficient size and capacity to retrieve
vehicles which have gone over embankments or off roadways
into water inundated areas or other inaccessible
4
9
10
11
12
15
14
15
16
17
18
19
20
21
22
25
24
25
26
27
28
Ordinance No. 1122
Page 10
locations, which is equipped with safety dogs or
equivalent braking devices;
(4) OPTS service providers shall have at least one (1) truck
equipped with adjustable twin-booms with the capability
of at least four-ton capacity from the side of the truck.
This truck must also be equipped with 300 feet of not
less than 3/8" cable which is free from partial breaks or
knots.
OPTS Rules of Operation
(1) At the discretion of the Police Department, an OPTS
service provider may use its own radio to receive police
calls on traffic accidents and other'traffic incidents
which may require police attention and tow service.
Priority shall be given to calls received from the Police
Department.
(2) If telephones are the means of communication for receipt
of calls from the Police Department, the OPTS service
provider shall provide a list of telephone numbers to be
called in order of priority and immediately upon any.
change in telephone numbers or'in the priority thereof,
notify the Police Department in writing with the
effective date of the change.
(3) OPTS services shall be scheduled to insure that there
shall be an attendant on call capable of responding to
police requests for towing, as well as be available for
release of vehicles to the public, twenty-four (24) hours
a day, seven (7) days a week. Operators must be
available at the hours specified in the Police Department
schedule and in sufficient numbers to operate the service
equipment. If the OPTS service provider's telephone or
radio is not answered, or if the line is busy, the OPTS
service being called will be by-passed and the next OPTS
service in rotation will be called.
(4) 'If an OPTS service provider is unavailable, or in case of
disaster or emergency, the City of Tustin reserves the
right to call other tow services. Determination of these
conditions shall rest with the Chief of Police.
(5) After being dispatched by the Police Department to the
scene, the OPTS service provider shall cooperate with
police officers in removing hazards and vehicles as
requested.
(6) OPTS service providers shall have no claim of any nature
against the City for the cost of their service.
10
11
12
15
14
15
16
17
18
19
20
21
23
24
25
26
27
28
Ordinance No. 1122
Page 11
(7)
(8)
Each OPTS service provider shall record its time in and
its time out on every official assignment. Such records
shall be available and open to Police Department
examination.
Each OPTS service provider shall submit a monthly report
to the Chief of Police, which shall include the
following:
(a) Total Police Department impounds;
(b) Number of times dispatched by the Police
Department;
(c) Number of calls resulting in impounds; and
(d) The time required to respond to each call.
(9)
The equipment and performance of each OPTS service
provider shall be subject to periodic review by the Chief
of Police, who may on the basis of such review, suspend
the OPTS service provider's license or permit for up to
sixty (60) days. The Chief of Police may also recommend
to the License and Permit Board termination of the OPTS
service provider's official status and place on the
rotation list.
(10) OPTS tow trucks shall be equipped with two-way radio or
telephone or other acceptable communications equipment.
Citizen's Band Class D is not acceptable.
(11) OPTS storage service lots shall be located within ten
(10) miles of the city limits of the City.
(12) An OPTS service provider shall be responsible for any
theft of property in or on the vehicle or of the vehicle
itself and for any damage to vehicles which occurs while
the vehicle is in the OPTS service provider's possession.
(13) Any OPTS service provider desiring a change in rates may
make written application for such changes to the License
and Permit Board. Such application shall include a copy
of the present rate schedule with the proposed changes
clearly indicated thereon. A written statement of the
justification of the proposed changes shall accompany the
application. The Secretary of the License and Permit
Board shall set the matter for hearing and shall give
written notice of the time at least five (5) days before
the date of said hearing to the applicant by mail at the
address set out in the application.
10
11
12
13
14
15
16
17
18
19
20
21
22
24
25
26
27
28
Ordinance No.
Page 12
1122
3436
REVOCATION AND APPEAL PROCEDURES
a Grounds for Revocation
In addition to the rounds set forth in Section 3433e of this
Code;' any permit granted under the provisions of this Part may be
revoked by the License and Permit Board either as to any operator,
person or vehicle or as to the right to use any distinctive color,
monogram or insignia after provision of ten (10) days' written
notice to the permit holder of the time and place of a public
hearing ~o show cause why the license or permit should not be
revoked. Revocation shall only be for cause, including:
(1) Lapse of insurance coverage required by Section 3432d of
this Code.
(2) Dissolution of business or bankruptcy.
(3) Assignment of any right or interest of an OPTS contract,
without prior written consent of the Chief of Police.
(4) Non-payment of a business license or other fees.
(5) Violation of any rules, regulations or conditions set out
in this Part or other applicable provisions of this Code.
(6) Violation of any of the laws of the State of California
with respect to the operation of the business.
(7) Failure to maintain satisfactory service to the public.
(8) Failure to keep any tow truck vehicle in a safe condition
and good repair.
(9) Failure to use the distinctive coloring, monogram or
insignia described in the application.
(10) Substantial or recurring deviation from the schedule of
rates. - ---
(11) Any cause which the License and Permit Board finds is
contrary to the public interest, convenience, necessity
or general welfare.
b Renewal
A tow truck service provider which has been removed from the
OPTS rotation list for cause may, upon twelve (12) consecutive
months of compliance with this Part, reapply to be placed back on
the list. If the License and Permit Board, upon recommendation by
the Police Department, is satisfied that the operation will not
10
11
12
15
14
15
16
17
18
19
20
21
22
25
24
25
26
27
28
Ordinance No. 1122
Page 13
result in the continued violation of these regulations, such tow
and storage service may be restored to such list.
c Appeals
(1) When any application for any permit pursuant to this Part
has been denied, or when any permit has been revoked or
suspended, the applicant or permittee may submit a
written request to appear before the License and Permit
Board within ten (10) days of receipt of such denial or
revocation. Upon receipt of such an appeal the License
and Permit Board shall set the matter for a hearing,
allowing at least five (5) days' written notice to the
applicant or permittee. The License and Permit Board
shall consider all relevant evidence at such hearing and
render its decision within ten (10) working days. Appeal
of the decision of the License and Permit Board shall be
made to the City Council within ten (10) days of
notification of the License and Permit Board's decision
pursuant to Section 1536 of this Code or as may be
amended.
Section 2: Ail tow truck operators currently operating
under permits issued by the City have sixty (60) days from the date
of adoption of this Ordinance to comply with its provisions.
Notice of the adoption of this Ordinance shall be sent to all tow
truck operators currently operating under permits issued by the
City.
PASSED AND ADOPTED, at a regular meeting of the City Council
for the City of Tustin on this day of , 1994.
JIM POTTS, Mayor
MARY E. WYNN, City Clerk