Chapter 5.44
TOW CAR SERVICES
Sections:
5.44.010 Purpose.
5.44.020 Definitions.
5.44.030 Nonexclusive franchise agreement.
5.44.040 Franchise fees.
5.44.050 Dispatch of tow cars.
5.44.060 Placement on tow rotation list.
5.44.070 Investigation.
5.44.080 Regulations.
5.44.090 Suspension from tow rotation list.
5.44.100 Removal from tow rotation list.
5.44.110 Appeal.
5.44.120 Authority of police chief.
5.44.010 Purpose.
It is the intent of this chapter to regulate the operation of tow car services dispatched by the city of Livermore police department pursuant to the authority conferred by the California Vehicle Code and to establish a franchise agreement and franchise fee for these services. (Ord. 1826 § 1, 2007)
5.44.020 Definitions.
Except where the context shall otherwise require, the definitions given in this section govern the construction of this chapter:
A. “Abandoned vehicle tows” means tows of vehicles left standing for a period of time greater than permitted under applicable state laws or municipal ordinances, and which vehicles have been tagged and marked for removal from public streets or property or from private property in accordance with law.
B. “Franchise” means nonexclusive franchise granted by the council for purposes of establishing tow car services for tow services dispatched by the Livermore police department.
C. “Police-generated tows” means tows requested by the police department in connection with official police business, and which tows may be of the following type: police-impounded vehicles, police emergency tows, VIN tows, and abandoned vehicle tows.
D. “Police impound” means tows of vehicles impounded by the police which vehicles are held to be used as evidence in a criminal case, and which must be stored until released by police department personnel.
E. “Police emergency tows” means tows of vehicles involved in accidents, and/or stalled vehicles obstructing traffic, and/or tows of vehicles whose driver is incapacitated or physically unable to drive the vehicle, and/or tows of vehicles whose driver has been arrested and/or detained and cannot drive the vehicle.
F. “Tow franchise agreement” means the nonexclusive franchise agreement entered into between the city and an owner of tow cars that defines the obligations, procedures and terms for police dispatched tow services.
G. “Tow car” 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, hoist, tow bar, tow line or dolly, or is otherwise exclusively used to render assistance to other vehicles.
H. “Tow rotation list” means a list of qualified tow car operators engaged in the business of providing tow services who have entered into a franchise agreement with the city and shall be designated by the Livermore police department (LPD) for the purpose of rotating police dispatch of tow cars in accordance with this chapter, the franchise agreement and applicable state law.
I. “VIN tows” means tows of vehicles necessitating special procedures to ascertain vehicle identification numbers in compliance with the requirements of California Vehicle Code Section 10751. (Ord. 1826 § 1, 2007)
5.44.030 Nonexclusive franchise agreement.
The city council may from time to time enter into nonexclusive franchise agreements for tow car services dispatched by LPD. All franchise agreements may be entered into without competitive bidding. (Ord. 1826 § 1, 2007)
5.44.040 Franchise fees.
From time to time, rates shall be established pursuant to the terms of the franchise agreement and approved by the city council for fees to be paid to the city for the nonexclusive right to perform city-generated tows. (Ord. 1826 § 1, 2007)
5.44.050 Dispatch of tow cars.
Except as otherwise provided for in this chapter, LPD shall dispatch tow cars to perform tow services on a rotation basis from a rotation list established and maintained in accordance with the provisions of this chapter and the franchise agreement. (Ord. 1826 § 1, 2007)
5.44.060 Placement on tow rotation list.
From time to time, the city shall solicit applications for tow car services. Any person engaged in the business of providing tow car service and desiring to be placed on the rotation list shall submit an application at the specified time. The application shall be in a form approved by LPD. The application shall be made under penalty of perjury and shall be accompanied by a signed franchise agreement. (Ord. 1826 § 1, 2007)
5.44.070 Investigation.
LPD shall investigate the facts listed in the application for tow car services. Within 30 days after completion of the investigation, LPD shall place the tow car operator on the rotation list unless any one of the following exists:
A. The applicant has been removed from the rotation list within the last 24 months;
B. A material statement made in the application is untrue;
C. A fact exists of which the police chief has knowledge which would be cause for removal or suspension of the applicant from the rotation list;
D. The applicant’s business or storage facility is not located in the city;
E. The applicant has a felony conviction;
F. The rotation list already consists of five or more tow companies; or
G. The applicant fails to sign a tow franchise agreement. (Ord. 1826 § 1, 2007)
5.44.080 Regulations.
All persons on the rotation list shall comply with all of the following terms:
A. Comply with all laws of the state pertaining to tow cars and tow car service, including but not limited to satisfying minimum equipment standards, reporting to the California Highway Patrol all vehicles stored over 30 days and keeping records of vehicles stored for longer than 12 hours; and
B. Provide 24-hour service, seven days per week, including holidays, for towing, storage and release of vehicles; and
C. Have storage space inside a locked building for at least two vehicles; and
D. Have storage space in the open for at least 20 vehicles and storage space of 5,000 square feet; and
E. Provide adequate security for vehicles stored in the open, which security shall include no less than a six-foot fence or wall around the storage area; and
F. Furnish the police department with a copy of any report made to the Department of Justice of the state pursuant to Vehicle Code Section 10652, regarding vehicles stored for 30 days, which copy may be forwarded by regular mail; and
G. Store vehicles subject to a police impound within a secured storage facility. It is the discretion of the police officer to store the vehicle in either an inside or outside storage facility; and
H. Retain and safeguard any vehicle subject to a police impound until authorized by the police department to release same and the contents therein; and
I. Post a schedule of towing fees in a conspicuous place on the business premises; and
J. Charge reasonable towing fees not in excess of those charges made for similar services provided to any other public agency or private person; and
K. Maintain motor vehicle liability insurance and general liability insurance by a policy or policies having single limit bodily injury and property damage limits of not less than $1,000,000 and provide city with a certificate of insurance evidencing same; and
L. Maintain receipts, with a copy placed in the towed or stored vehicle, whenever any item is removed from such vehicle; and
M. Maintain records of tow services and other services furnished, including a description of the vehicle, the nature of services rendered, and the time and location of calls, which records may be inspected by authorized employees of the city during regular business hours; and
N. Comply with such other rules and regulations promulgated by the police chief; and
O. Comply with all terms and conditions of the tow franchise agreement. (Ord. 1826 § 1, 2007)
5.44.090 Suspension from tow rotation list.
Any tow car service placed on the rotation list may be suspended by the police chief or his designee from such list if the tow car service fails to comply with any of the conditions, regulations or requirements of this chapter. Upon learning of grounds for suspension, the police chief or his designee shall immediately, by written notice, inform the owner of the tow car service of his action of suspension. The police chief or his designee may reinstate the tow car service to the rotation list upon satisfactory proof that the tow car service is in compliance with the conditions, regulations, and requirements of this chapter. (Ord. 1826 § 1, 2007)
5.44.100 Removal from tow rotation list.
A. Any tow car service placed on the rotation list may be removed from such list for one or more of the following grounds:
1. The tow car service has been suspended from the rotation list at least once and repeatedly or intentionally fails to comply with any of the conditions, regulations or requirements of this chapter.
2. The owner of the tow car service knew or should have known that his driver or drivers have violated the provisions of the Vehicle Code and have failed to take corrective action within a reasonable time.
3. The tow car service fails to perform the duties established by this chapter and the tow franchise agreement by any of the following: fails to timely answer calls, fails to respond to calls within a reasonable time, fails to maintain clean and orderly storage facilities, or at any time fails to clean the roadway of glass and debris at an accident scene.
4. The owner of the tow car service sells 51 percent or more of the business, provided the person or persons purchasing the business may apply for placement on the rotation list.
5. The owner of a tow car service applies for placement on the rotation list under another name.
6. When a fact exists which would constitute a ground for denial of an application pursuant to this chapter and the tow franchise agreement.
B. The police chief, upon learning of grounds for removal, shall immediately, by written notice, inform the owner of the tow car service of his action of removal and the grounds for removal. Within 10 days after receipt of the written notice, the owner shall have the right to file a written request for a hearing before the police chief. If the owner files a timely hearing request, the police chief or the chief’s designee shall set a time and place for the hearing. All parties involved shall have the right to offer testimony, documents, and tangible evidence at a hearing on the issues and to be represented by counsel. (Ord. 1826 § 1, 2007)
5.44.110 Appeal.
A. Within five business days after receiving written notification that any applicant has been denied placement on the rotation list, or any person suspended or removed from the rotation list, the applicant shall have the right to appeal such order by filing a written notice of appeal including a written statement stating the grounds of the appeal with the city clerk. The written statement shall include, but not be limited to, statements why the applicant believes the decision of the police chief should be reconsidered. Upon the filing of the notice of appeal and written statement, the city clerk shall set a time, date and place for a public hearing on the matter and, shall notify the applicant of the hearing. The hearing shall be heard at a regular meeting of the council not later than 30 days after the written notice and statement was filed with the city clerk.
B. Such appeal shall be heard by the city council, which may affirm, amend, or reverse the decision, or take other action deemed appropriate, subject to the limitations of the terms and conditions of the tow franchise agreement.
C. In conducting the hearing, the city council shall not be limited to the technical rules of evidence under the California Evidence Code.
D. If no appeal is filed within the time prescribed, the action of the police chief shall be final. Notwithstanding any other provision of this chapter, in the event that any appeal is filed, the appellant shall not be allowed to participate in any tows or be placed on the tow rotation list until such time as the appellant is approved or reinstated.
E. The council shall make findings of fact within 15 business days after the conclusion of the hearing. A copy of the findings shall be mailed to the appellant. The action of the city council shall be final. (Ord. 1826 § 1, 2007)
5.44.120 Authority of police chief.
The police chief for the city of Livermore is authorized to promulgate administrative rules and procedures necessary for the successful and effective implementation of this chapter including establishing and entering into tow franchise agreements subject to approval of the city manager and city attorney. Said administrative rules and procedures shall be in writing. (Ord. 1826 § 1, 2007)