Chapter 10.70
POLICE TOWING SERVICE
Sections:
10.70.020 Selection and designation of towing service by council.
10.70.030 Minimum equipment standards for tow trucks.
10.70.040 Hours for attendant on call.
10.70.090 Only tow vehicles with markings to be dispatched – Exception.
10.70.100 Collecting fees – Lien sale.
10.70.110 Vehicle release – Removal of vehicle contents on hold.
10.70.140 Damage appraisals – Generally.
10.70.150 Damage appraisals – Access to vehicles.
10.70.160 Unauthorized towing prohibited.
10.70.170 Performance failure by operator – Service cancellation – Appeal.
10.70.180 Removal of city-owned vehicles.
10.70.190 Unlawful solicitation.
10.70.200 Nonliability of police department.
10.70.010 Definitions.
The following words and phrases, when used in this chapter, shall have the meanings ascribed to them in this section:
“Operator” means any person, firm, corporation or association engaged in the business of towing motor vehicles.
“Tow car” or “tow truck” means a motor vehicle which has been altered or designed and equipped for and exclusively used in the business of towing vehicles by means of a crane, tow bar, tow line or dolly or is otherwise exclusively used to render assistance to other vehicles. (Ord. 785 § 1(part), 2006).
10.70.020 Selection and designation of towing service by council.
Any towing service operator who meets the requirements provided for herein and who enters into a contract acceptable with the city shall provide towing services at the request of the police department. The name of each such operator shall be placed on a list from which the police department shall select, on a rotational basis, the operator whose services are required at any given time. (Ord. 785 § 1(part), 2006).
10.70.030 Minimum equipment standards for tow trucks.
Minimum equipment standards for tow trucks shall be as follows:
A. Truck Chassis. A truck chassis shall have at least a fourteen thousand pound gross vehicle weight rating (GVWR) with rear dual wheels or equivalent.
B. Company Name. Company name, address and telephone number shall be on both sides of the tow car.
C. Lights. Trucks must, at all times, be equipped with such headlights, tail lights, red reflectors, stop lights, warning lights, etc., as required by California law, plus one white utility light (adjustable or portable) and may be equipped with such other lights as the operator may desire which are not forbidden by law.
D. Winch. Each vehicle shall have one power-driven winch with at least a four-ton equipment recovery system operated from a transmission equipped with safety dogs or equivalent braking devices.
E. Additional Equipment. Trucks must be equipped with red flares, lanterns or reflectors, portable warning signs, hand tools, crowbar, rope, broom, shovel, dustpan, fire extinguisher (dry chemical type), portable red tail light and stop light for towed vehicles, equipment for opening locked vehicles and a safety snubber chain. The operator shall have at least one set of dollies readily available at all times.
F. Attendants. Attendants of the operator must display a reasonable knowledge of their work. (Ord. 785 § 1(part), 2006).
10.70.040 Hours for attendant on call.
A. There shall be an attendant on call, capable of responding to police request for towing twenty-four hours a day, seven days a week.
B. There shall be an attendant on call capable of responding for the release of vehicles seven days a week from eight a.m. to five p.m. (Ord. 785 § 1(part), 2006).
10.70.050 Insurance – Filing.
Adequate public liability, property damage, fire and theft insurance must be maintained by the operator. A copy of the certificate of insurance shall be kept on file in the office of the city clerk. (Ord. 785 § 1(part), 2006).
10.70.060 Records.
The operator shall keep a record of the vehicles and license numbers; date and time each was towed and location from which it was towed; name of the officers ordering the towing and whether the vehicle was impounded or towed at the owner’s request. Such records shall be subject to inspection by the city. (Ord. 785 § 1(part), 2006).
10.70.070 Communications.
The operator shall maintain two-way radio communications capability between the tow truck and operator’s dispatcher. (Ord. 785 § 1(part), 2006).
10.70.080 Removal of hazards.
After being dispatched by the police department to the scene, the operator shall cooperate with the police officers in removing hazards and illegally parked vehicles, as requested. (Ord. 785 § 1(part), 2006).
10.70.090 Only tow vehicles with markings to be dispatched – Exception.
Only tow cars bearing the name of the operator’s firm, corporation or association name shall be dispatched to the scene of need, unless the police officer at the scene approves the use of a tow car or truck which is unmarked or showing a different name than the contracting operator’s name. (Ord. 785 § 1(part), 2006).
10.70.100 Collecting fees – Lien sale.
Pursuant to state law, the operator shall be responsible for collecting all fees and charges and he shall handle and process all lien sales involving vehicles towed and stored by the operator under this chapter; provided, however, that the police department shall handle and process the disposition of low valued vehicles as set forth in Section 22851.2 of the Vehicle Code. (Ord. 785 § 1(part), 2006).
10.70.110 Vehicle release – Removal of vehicle contents on hold.
Vehicles impounded by the police for special investigations, i.e., fingerprints, etc., shall be held in a place of maximum security by the operator until released in writing by the police department. Written release by the police department shall be made within twenty-four hours after first having been impounded, unless there are specific reasons the police department cannot provide for a release within twenty-four hours. Contents of vehicles with a police “hold” shall not be removed without the prior written approval of the police department. (Ord. 785 § 1(part), 2006).
10.70.120 Responsibility.
The operator shall be responsible for the acts of its employees or agents while on duty. The operator shall assume and be responsible for damage or loss to vehicles while in its possession. (Ord. 785 § 1(part), 2006).
10.70.130 Supervision checks.
The records, equipment and storage facilities of the operator shall be subject to periodic checks by the police department and the fire department. (Ord. 785 § 1(part), 2006).
10.70.140 Damage appraisals – Generally.
All vehicles, except vehicles with a police “hold,” stored or impounded as a result of a tow ordered by the police department, shall be made available for the purpose of estimating or appraising damages, by the owner of the vehicle or his representative, any insurance agent, insurance adjuster, or any body shop or car dealer. (Ord. 785 § 1(part), 2006).
10.70.150 Damage appraisals – Access to vehicles.
Vehicles to be appraised shall be accessible to police department personnel. An employee of the operator may be required to assist upon request of the police department. (Ord. 785 § 1(part), 2006).
10.70.160 Unauthorized towing prohibited.
It is unlawful for any person, not one of the designated tow operators, as herein provided, to remove from the public streets and tow away any vehicles as described herein; provided, however, that the owner or driver of the vehicle so described is excepted and may designate any towing service to be used for the removal and towing away of his vehicle. (Ord. 785 § 1(part), 2006).
10.70.170 Performance failure by operator – Service cancellation – Appeal.
A. The failure of the operator to conform to the standards of quality of service to be performed hereunder shall be deemed sufficient cause for cancellation and termination of the services by the city manager; provided, however, that the operator may exercise his/her right to appeal such cancellation and termination to the city council as hereinafter set forth.
B. The appeal shall be by written notice of appeal delivered to the city clerk within five days of the operator being notified of the action from which the appeal is taken. The city clerk shall deliver a copy of the notice of appeal to the city manager and set a hearing on the appeal within fifteen days and at least five days prior to the hearing, mail notice of hearing as convenience and justice dictate, and may affirm, modify or rescind the action of the city manager. (Ord. 785 § 1(part), 2006).
10.70.180 Removal of city-owned vehicles.
Any operator providing the service provided for in this chapter shall remove without cost or expense to the city any disabled emergency vehicle or vehicle involved in an accident which is owned or leased by the city and which is located within or in close proximity to the city, to the city corporation yard or other designated storage area. (Ord. 785 § 1(part), 2006).
10.70.190 Unlawful solicitation.
It is unlawful for any tow operator, his/her agent or employee, to solicit any tow job under this chapter at the scene of an accident without having first been called by the owner or operator of the disabled vehicle, or by the city police department. Any violation of this section will be considered to be a misdemeanor. (Ord. 785 § 1(part), 2006).
10.70.200 Nonliability of police department.
In the event that a towing service which is contracted by the police department to perform services in a manner not in accordance with the provisions contained in this chapter, the police department is held harmless from any and all liability or damage arising therefrom and shall not be accountable for nor investigate complaints or negligence and deviations, unless the deviations are shown to be of a repeated and frequently recurring nature, and any complaints received from the tow car or tow truck services selected and designated to carry out such police towing operations and any complaints received concerning the quality and standards of service performed by the operators shall be deemed sufficient cause for cancellation and termination of any contract or operating agreement entered into for the performance of such service. (Ord. 785 § 1(part), 2006).
10.70.210 Abandoned vehicles.
In the event a towing service does not desire to process abandoned vehicles, the chief of police is authorized to enter into an agreement with any tow operator to tow and/or sell vehicles abandoned upon the streets or private property within the city. Abandoned vehicles need not be required to be stored within the city. (Ord. 785 § 1(part), 2006).