HomeMy WebLinkAboutORD - TOW TRUCKS 11-02-81 (2)ORDINANCES FOR ADOPTION
No. 2
11-2-81
AGENDA ITEM:
ORDINANCE NO. 861
An Ordinance of the City Council of the City of Tustin, California,
AMENDING ARTICLE 3, CHAPTER 4, PART 2, PERTAINING TO TOW TRUCKS
BACKGROUND:
At the October 21st Council meeting, the Council had several questions
that needed to be answered. Attached is a memo from the Chief'of Police
answering these questions. The Council introduced the ordinance at the
October 21st meeting.
RECOMMENDATION:
M. O. - that Ordinance No. 861 have second 'reading by title only.
M. O. - that Ordinance No. 861 be passed and adopted.
(iRoll Call Vote)
DATE:
TO:
FROH:
SUBJECT:
October 27, 1981
Inter-Corn
Bill Huston, City Manager
C. R. Thayer, Chief of Police
Amendment to Tow Truck Ordinance
The following three questions were asked by Council at the
introduction of Ordinance #861, at the Council meeting of
10/21/81. I believe the answers will adequately explain and
indicate that the updating of the present tow truck ordinance
will not have an adverse impact on the citizens of Tustin.
Question #1: Will this add a great Aeal of burden on the property
owner?
No extra burden upon property owners exists due to Ordinance #861
revisions as proposed. This proposed revision is consistent with
existing laws as outlined in the California Vehicle Code.
However, to enforce these laws, the City must have a corresponding
ordinance.
Question #2: Did this generate because freelance tow trucks were
towing everything in sight?
Yes: We have experienced past problems with unscrupulous private
property owners, agents, and tow agencies. Traffic Section review
of all private property towing has curtailed much of the problem
and these proposed Ordinance changes will assist greatly.
Question #3: If someone left a car in my driveway would I have to
go out and post signs before calling a tow truck to take it away?
Strictly interpreted, Vehicle Code Section 22658a talks about "any
private property." Therefore, single family residents fall under
that application and must post their property. However, review of
this problem with officials of the California Highway Patrol,
Department of Motor Vehicles, and Deputy City Attorney, Robert
Lavoie, and our own research, provides a unanimous solution.
Section 22523b and 22669a permit removal of an abandoned vehicle
from private property by a Police Officer, negating the need to
post such property. The only requicement is the officer must be
convinced the vehicle is abandoned.
CHIEF OF POLICE
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ORDINANCE NO. 861
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA,
AMENDING ARTICLE 3, CHAPTER 4,
PART 2, PERTAINING TO TOW TRUCKS.
The City Council of the City of Tustin, California,
hereby ordains as follows:
Section 1: Section 3435b(29) of the Tustin City Code
is amended to read as follows:
"(29) Rate schedules for towing services
performed for the City shall be subject to
approval of the License and Permit Board upon
recommendation of the Chief of Police. The
service may appeal any rate schedule disapproval
pursuant to the procedures in Section 3436d
herein. A copy of the current and approved
rate schedule shall be filed by the tow truck
company with the Tustin Police Department
indicating all charges described in Section
3432c(10) of the Tustin City Code. Said rate
schedule shall also be posted in the company's
tow trucks and at the authorized storage facility."
Section 2: Section 3435c is added to the Tustin City
Code to read as follows:
"c Notification.
Before authorizing a towing company to
remove any illegally parked vehicle from private
property, the owner or person in lawful possession
of the private property shall notify the Tustin
Police Department of:
(1) The name, address and phone number
of the person authorizing removal of the illegally
parked vehicle from private property.
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(2) The location of the private property
from which the vehicle is to be removed.
(3) The name, address and telephone number
of the location where the vehicle is to be stored.
(4) The license number, model and color of
the vehicle to be removed.
(5) The name and address of the person
reporting the private property impound.
It is the responsibility of the tow truck
company and of the tow truck driver to ensure
that the Tustin Police Department is notified
by the owner or person in lawful possession of
the private property prior to the tow service
operator connecting his vehicle to any illegally
parked vehicle. The tow service operator, if
authorized by the owner or person in possession
of the private property, may notify the Tustin
~Police Department on behalf of the owner or per-
son in possession of the private property."
Section 3: Section 3435d is added to the Tustin City
Code to read as follows:
"d Warning Signs.
No tow truck company shall tow from private
property unless the private property has dis-
played signs in conformance with Tustin City
Code Section 5342."
PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Tustin, California, this day
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of
ATTEST:
City Clerk
RLL:lw:D:2/18/81
, 1981.
Mayor
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