HomeMy WebLinkAboutORD FOR INTRODUCTION 10-... (2)DATE:
TO:
FROM:
SUBJECT:
October 13, 1981
No. 2
1
Inter-Corn
ORDINANCES FOR INTRODUCTION
Mayor, Council, City Manager
C. R. Thayer, Chief of Police
TOw Truck Ordinance
Recommendation:
That the City Council adopt the attached ordinance, amending
Article 3, Chapter 4, Part 2, pertaining to tow trucks, of the
Tustin City Code.
Background:
The purpose of this amendment to the existing ordinance is to
provide better information to our citizens who have vehicles
towed. It would require the posting of a rate schedule which
citize~ u~ing tow se~ice would see on the truck prior to the
truck being attached to their vehicle. It would require that such
rate schedule also be kept on file in the Police Department. This
will allow the Police Department to monitor alleged abuses by tow
truck companies and permit the Police Department to respond to car
owners who complain of excessive fees.
The proposed ordinance further requires the owner of private
property to provide the Police Department with appropriate
information before any vehicle may be towed away and places
additional responsibility on the towing company to be sure that
private property owners have, in fact, made the appropriate
notifications before towing the vehicle from the scene.
Finally, the ordinance places the responsibility on the tow
company to be sure that before they tow a vehicle from private
property, that the property is, in fact, properly posted in a
legible manner.
This ordinance should provide better service in this highly
controversial area to the citizens of Tustin.
Fiscal Impact: None.
CRT:dh
DATE:
TO:
FROH:
SUBJECT:
March 5, 1981
, CITY ADMINISTRATOR
CHARLES R. THA~ER, CHIEF OF POLICE
JAMES G. ROURKE, CITY ATTORNEY
ROBERT L. LAVOIE, DEPUTY CITY ATTORNEY
TOW TRUCK ORDINANCE
Inte4 ¢bh
Please find enclosed a draft ordinance pertaining to
tow trucks. This ordinance would amend existing provisions
to require that all towing services maintain a current rate
schedule with the City Police Department and post a schedule
in the towing vehicle. This will permit the-Police Department
to monitor alleged abuses by tow truck companies and permit
it to respond to car owners who complain of excessive impound
fees.
The proposed ordinance would further require the owner
of private property to provide the Tustin Police Department
with various information before any vehicle may be towed away.
It is also provided in the ordinance that the towing company
will be responsible to ensure that the property owner does
in fact provide the Police Department with the required in-
formation before connecting his vehicle to the vehicle to be
towed away.
Finally, no towing company may tow a vehicle from
private property which is not properly posted.
Please advise this office of any comment which you
might have.
RLL:lw:D:3/5/81
Enclosure
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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 Tusti~
.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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ATTEST:
City Clerk
RLL:lw:D:2/18/81
, 1981.
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Mayor