Chapter 9.98
TOW CAR REGULATION1
Sections:
9.98.010 Purpose and intent.
9.98.020 Regulation.
9.98.030 Unlawful solicitation.
9.98.040 Selection and designation.
9.98.050 Application fee.
9.98.060 Minimum standards for equipment and drivers.
9.98.070 Storage facilities.
9.98.080 Rotation procedure for towing vehicles other than abandoned vehicles.
9.98.090 Rotation procedure for towing abandoned vehicles.
9.98.100 Hours of availability and response time.
9.98.110 City vehicles.
9.98.120 Impounded vehicles.
9.98.130 Removal of hazards.
9.98.140 Release of vehicles.
9.98.150 Release of impounded vehicles.
9.98.160 Damage appraisals.
9.98.170 Schedule of fees and rates.
9.98.180 Vehicles stored over 30 days.
9.98.190 Collecting fees.
9.98.200 Abandoned vehicles on private property.
9.98.210 Records.
9.98.220 Supervision checks.
9.98.230 Responsibility.
9.98.240 Insurance.
9.98.250 Indemnity.
9.98.260 Termination of services and appeal.
9.98.270 Compliance with law.
9.98.280 Period to comply.
9.98.010 Purpose and intent.
The public health, safety and welfare require the timely removal of wrecked, disabled, abandoned or certain illegally parked motor vehicles. Such vehicles create hazards, especially to traffic safety, and must be removed as quickly as possible. In order to ensure the efficient removal of impediments from the city’s roadways and to provide dependable service to the public, it is necessary to establish regulations for the operation of vehicle towing services. [Ord. 912 § 1, 1986.]
9.98.020 Regulation.
A. The provisions of this chapter shall apply to all participating tow operators responding to requests for tow services made by the city regardless of whether the request was originated by the city or a private citizen.
B. It is unlawful for any tow service or operator to tow any vehicles subject to the provisions of this chapter unless such operator or service is either on the city’s current rotational tow list or has entered into a written agreement with the city to provide towing services. Nothing in this chapter prevents a private citizen from requesting any towing service to remove and tow away that citizen’s vehicle. [Ord. 1119 § 3, 1996; Ord. 912 § 1, 1986.]
9.98.030 Unlawful solicitation.
It is unlawful for any operator or his agent or employee to solicit any work which is within the scope of this chapter. An operator shall only tow vehicles when requested to do so by the city or the owner or driver of a vehicle. A violation of this section shall be cause for the operator to be immediately terminated from the rotational tow list. [Ord. 1119 § 4, 1996; Ord. 912 § 1, 1986.]
9.98.040 Selection and designation.
A. There shall be two rotational tow lists in the city: (1) a list for towing abandoned vehicles; and (2) a list for towing all other vehicles. The city manager or his designee shall have general supervision and control over the rotational tow lists. The city manager may, in his sole discretion, delegate all or a portion of his authority under this chapter to one or more designees, and a reference to the city manager in this chapter shall also include his designee. In lieu of a rotational list for the towing of abandoned vehicles, the city manager may enter into an agreement with a qualified tow operator to provide abandoned vehicle towing and/or storage services. Prior to entering into such agreement, the city shall solicit proposals by eligible operators, as directed by the city manager.
B. An operator may only apply for inclusion on one list. For abandoned vehicle tows, the city manager shall select qualified tow operators from applications received and place their names on the abandoned vehicle rotational tow list.
C. An operator who wishes to be included on one of the city’s rotational lists shall complete an application provided by the city. An operator is eligible to apply if he possesses a valid city business license, his towing service has its principal place of business within city limits, and he meets the requirements of this chapter. For purposes of this section, “principal place of business” shall mean that the primary business office and primary storage facility shall be located within city limits. The city manager or his designee shall make the final decision as to whether or not an operator’s principal place of business is located within city limits and such decision may not be appealed. The operator’s primary storage facility shall be the same location as the operator’s primary business office, absent prior approval from the city. The operator shall submit such additional information as the city manager may request to demonstrate the operator’s ability to comply with this chapter.
D. The city manager may, in his sole discretion, approve or deny the application if in his judgment the operator is unable to comply with the provisions of this chapter; the operator has made or caused to be made a false statement on his application; or the operator has been convicted of any crime punishable as a felony or any crime involving stolen or embezzled vehicles, stolen property, fraud, driving while intoxicated, sale or use of illegal drugs, or moral turpitude.
E. If the operator’s application is denied, the operator may appeal the denial in the manner provided in PMC 9.98.260. [Ord. 1119 § 5, 1996; Ord. 912 § 1, 1986.]
9.98.050 Application fee.
An operator who applies for inclusion on the rotation lists shall pay a processing fee as established by the chief of police. [Ord. 912 § 1, 1986.]
9.98.060 Minimum standards for equipment and drivers.
Minimum standards for equipment and drivers of tow operators who perform services under this chapter are as follows:
A. Truck Chassis. A truck chassis shall have a capacity of at least one ton and have rear dual wheels or their equivalent.
B. Company Name. A sign showing the name of the towing company or the owner or operator of the tow car and the business address and telephone number of the owner or driver shall be displayed on both doors of the tow vehicle cab. These signs shall comply with the provisions of Vehicle Code Section 27907.
C. Lights. Tow trucks must be equipped with all lights required by state law, such as headlights, taillights, red reflectors, stoplights and warning lights. Tow trucks must also be equipped with one adjustable or portable white utility light. Tow trucks may be equipped with other lights the owner or operator may desire which are not forbidden by law.
D. Winch. Each tow truck must have one power-driven winch 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 taillight and stoplight for towed vehicles, dry sand or other material for absorbing gas and oil from streets, equipment for opening locked vehicles and safety snubber chain. Each truck shall have at least one set of dollies readily available at all times.
F. Drivers. Tow truck drivers shall display reasonable competence in their work and possess a valid California driver’s license of the proper class as provided in Vehicle Code Section 12520. The chief of police may remove an operator from the rotation lists if he finds that the operator employs a driver who, within the preceding 36 months of the date of his service with the operator, has been convicted of one or more of the following crimes:
1. Auto theft, burglary, possession of stolen property, grand or petty theft;
2. A crime involving violence of the person of another;
3. A violation of the Health and Safety Code relating to narcotics or dangerous drugs;
4. A violation of Sections 4461, 4462(b), 4463, 4464, or 5017 of Division 3 of the California Vehicle Code;
5. A violation of any provision of Division 4 of the California Vehicle Code; or
6. A crime relating to illegal acquisition of a vehicle or vehicle parts or documents relating to vehicle registration or ownership.
G. Communications. An operator shall provide equipment to allow two-way radio communication capability between the operator’s dispatcher and each tow truck. [Ord. 912 § 1, 1986.]
9.98.070 Storage facilities.
A. Each operator of a towing service on the rotational list or under agreement with the city shall maintain a storage lot within city limits in an appropriately zoned district with adequate and secure storage space to accommodate towed vehicles. Storage lots, buildings and any fences shall be approved in writing by the city. An operator shall have access to a secured building in an approved location with the capacity to store at least 10 vehicles. Storage lots and secured building shall be designed so that stored vehicles are reasonably screened from public view.
B. The operator shall be responsible for the reasonable care, custody and control of any property contained in towed and/or stored vehicles and shall take all appropriate action to ensure that stored vehicles and their contents are safe from tampering or vandalism.
C. Notwithstanding subsection (A) of this section, abandoned vehicles may be stored outside city limits if the storage location has been approved in writing by the city. [Ord. 1119 § 6, 1996; Ord. 912 § 1, 1986.]
9.98.080 Rotation procedure for towing vehicles other than abandoned vehicles.
The police department shall evenly rotate its requests for towing vehicles other than abandoned vehicles between the operators on the rotational list for such vehicles.
A. When an operator is given and completes a call, that operator moves to the bottom of the list.
B. Whenever more than one tow truck is needed to respond to a call for service, a separate operator shall be called for each truck. Each operator called shall be credited with a call and moved to the bottom of the list in the order called.
C. Whenever the owner of a vehicle or the owner’s representative requests a tow operator by name, the tow operator’s position on the rotation lists shall not be changed. This practice shall also be followed if the owner or his representative requests a tow operator authorized to tow on behalf of a named insurance company.
D. If the department is unable to reach the operator in first position for a call, or if the operator accepts a call and is subsequently unable to respond as required, that operator shall be credited with a call and moved to the bottom of the list.
E. If the department in its judgment determines that the operator in first position is improperly equipped or otherwise incapable of adequately responding to a specific call, the department may pass over that operator and continue down the list until it reaches an operator it considers capable of adequately responding to the call. If no operator on the list has the necessary skills or equipment to adequately respond, the department may request service from an operator not on the list. A change from the normal rotation procedure under these circumstances does not alter any operator’s position on the list, except that the operator actually chosen shall be credited with a call and moved to the bottom of the list.
F. The department shall maintain rotation records and make them available for inspection to tow operators and the public upon request. [Ord. 912 § 1, 1986.]
9.98.090 Rotation procedure for towing abandoned vehicles.
With respect to the towing of abandoned vehicles, the city manager may either enter into an agreement with one tow operator on such terms and conditions as may be negotiated or create a rotational tow list and follow the rotational process described in PMC 9.98.080. If the city manager elects to have an agreement with a tow operator for removal of abandoned vehicles, the city shall undertake a solicitation for proposals as directed by the city manager prior to entering into any such agreement. [Ord. 1119 § 7, 1996; Ord. 912 § 1, 1986.]
9.98.100 Hours of availability and response time.
A. Each tow operator shall have at least one driver on call at all times (24 hours per day, seven days per week including Sundays and holidays) capable of responding to a police request for towing.
B. Once an operator is called by the department for service, the operator must respond to the scene within 20 minutes, unless the department has specifically requested an expedited tow, in which case the operator must respond to the scene within 10 minutes. If an operator accepts a call and subsequently cannot respond, he must notify the department of his inability to respond within five minutes of initially receiving the call. If the operator gives this required notice, he shall be moved to the bottom of the appropriate rotation list. If the operator fails to give this required notice, he shall be moved to the bottom of the rotation list and be subject to a 30-day suspension from the rotation lists by the chief of police. There is no recourse or appeal from this suspension.
C. An operator is also subject to a 30-day suspension by the chief of police without recourse if the operator accepts a call and then fails to respond within the required time. [Ord. 912 § 1, 1986.]
9.98.110 City vehicles.
The chief of police is authorized to enter into an agreement with any tow operator on the rotation lists to tow disabled city vehicles as needed. An operator shall not be credited with a call or moved to the bottom of a rotation list when called to tow a disabled city vehicle. [Ord. 912 § 1, 1986.]
9.98.120 Impounded vehicles.
The chief of police is authorized to enter into an agreement with a tow operator to tow and store vehicles which the department requires to be impounded for special investigative or evidentiary reasons. Vehicles towed under this section shall be stored in a place of maximum security. The chief shall select an operator from among those operators on the rotation lists and may in his discretion call for sealed bids and any additional information he requires. An operator selected by the chief to tow vehicles under this section shall not be credited with a call or moved to the bottom of a rotation list when called to tow a vehicle under this section. [Ord. 912 § 1, 1986.]
9.98.130 Removal of hazards.
Once an operator arrives at the location to which he has been dispatched, he shall cooperate with police officers on the scene in removing hazards and illegally parked vehicles as requested, and shall remove all other debris and perform the duties required by Vehicle Code Section 27700. [Ord. 912 § 1, 1986.]
9.98.140 Release of vehicles.
A. Towed vehicles shall be available for release at all times (24 hours per day, seven days per week, including Sundays and holidays). The operator shall ensure that an attendant is available for the purpose of releasing vehicles.
B. The operator may charge a reasonable fee in addition to ordinary charges when he releases a vehicle outside ordinary business hours if he must reopen the business to release the vehicle. When a vehicle’s owner or the owner’s representative requests the release of a vehicle outside ordinary business hours, the operator shall advise him if this additional fee is to be charged.
C. Stored vehicles shall be released on request to their owners or the owner’s representative unless the vehicle has been impounded. Personal property within a vehicle shall be given to the owner or operator on request, even though the vehicle is being retained in storage, unless the vehicle has been impounded. The operator or attendant shall determine whether the vehicle has been impounded by checking the relevant CHP Form 180. If the box on the form labelled “impounded” is checked, the operator or attendant shall not release the vehicle or its contents but shall advise the owner or representative to obtain a release from the Pittsburg police department. [Ord. 912 § 1, 1986.]
9.98.150 Release of impounded vehicles.
An operator shall release an impounded vehicle or its contents only upon the written authorization of the police department. The department shall authorize the release of impounded vehicles within 24 hours after impounding unless it requires additional time for specific investigative or evidentiary purposes. [Ord. 912 § 1, 1986.]
9.98.160 Damage appraisals.
A. An operator shall make all vehicles except impounded vehicles available to the vehicle’s owner or the owner’s representative, or a car dealer or body shop representative designated by the owner, or any insurance agent or insurance adjuster for the purpose of appraising damages to the vehicle.
B. An operator shall make vehicles to be appraised accessible to police department personnel and to anyone authorized by the department and upon request shall assist department personnel conducting inspections of vehicles. [Ord. 912 § 1, 1986.]
9.98.170 Schedule of fees and rates.
A. The maximum chargeable fees and rates for normal rotation requests shall be established and maintained by the chief of police. These rates shall be determined after a review of rates allowed in other neighboring communities and operating data supplied by operators on rotation lists. This schedule shall be reviewed annually and adjusted if necessary. Rates for road service calls and for towing to points other than the operator’s regular storage facilities at the request of the vehicle owner shall be negotiated between the tow operator and the vehicle owner.
B. No additional fees may be charged for towing services subject to this chapter except as provided in PMC 9.98.140 for release of vehicles outside ordinary business hours and Civil Code Section 3074 and Vehicle Code Section 22851.12 for lien sale processing fees. [Ord. 1119 § 8, 1996; Ord. 912 § 1, 1986.]
9.98.180 Vehicles stored over 30 days.
When an operator is required to report the storage of a vehicle for over 30 days under Vehicle Code Section 10652, the operator shall provide a copy of his report to the chief of police. Storage fees for these vehicles shall be set in accordance with Vehicle Code Section 10652.5. [Ord. 912 § 1, 1986.]
9.98.190 Collecting fees.
The operator is responsible for collecting all fees and charges for towing and storing vehicles under this chapter and shall conduct any necessary lien sales, except that the police department shall manage the disposition of low-valued vehicles as described in Vehicle Code Section 22851.2. [Ord. 912 § 1, 1986.]
9.98.200 Abandoned vehicles on private property.
For an operator to be qualified to tow an abandoned vehicle under this chapter, the operator shall have a current, valid dismantler’s license as described in Vehicle Code Section 11500. [Ord. 1119 § 9, 1996; Ord. 912 § 1, 1986.]
9.98.210 Records.
The operator shall maintain records of all tow services furnished, including the license number and description of vehicles; nature of service; date and time; name of any police officers requesting the tow and whether the vehicle was ordered impounded or towed at the owner’s request; location of calls; and total itemized costs of towing and storage. Records shall be maintained and available for inspection for a period of at least two years. The city manager may inspect all operator records without notice to the operator during normal business hours. [Ord. 1119 § 10, 1996; Ord. 912 § 1, 1986.]
9.98.220 Supervision checks.
The records, equipment and storage facilities of the operator shall be subject to periodic checks by the police and fire departments. [Ord. 912 § 1, 1986.]
9.98.230 Responsibility.
An operator is responsible for the acts of his agents and employees while on duty. An operator is responsible for any damage to a vehicle or loss of its contents while the vehicle is in the operator’s possession. [Ord. 912 § 1, 1986.]
9.98.240 Insurance.
A. The operator shall maintain in full force and effect, at all times while providing towing and/or storage services under this chapter, a comprehensive general liability insurance policy in an amount specified by the city manager, but not less than $500,000 combined single limit per occurrence for bodily injury, personal injury or property damage. The operator shall name the city of Pittsburg, its agents, officers, employees and volunteers (hereafter collectively referred to as “city and its employees”) as an additional insured on the policy with respect to any liability arising out of or in any way related to the operator’s performance of towing and/or storage services.
B. In addition to the requirements of subsection (A) of this section, the operator shall also maintain in full force and effect, at all times while providing towing and/or storage services under this chapter, the following insurance coverage naming the city and its employees as an additional insured, in amounts specified by the city manager but not less than the amounts specified below:
1. On-hook insurance coverage insuring the operator’s tow vehicle in an amount not less than $25,000;
2. Uninsured motorist insurance in the minimum amount established by law;
3. Garage liability including the towing and/or storage premises and operations in an amount not less than $500,000 combined single limit per occurrence for bodily injury, personal injury or property damage; and
4. Garage keepers liability coverage to protect vehicles in the storage yard and under the operator’s care, custody and control, in an amount not less than $25,000.
C. The operator’s insurance policy(ies) shall contain no limitations on the scope of protection afforded to city and its employees. The operator’s insurance coverage shall be primary insurance with respect to the city and its employees and said policy(ies) shall state that the operator’s insurance shall apply separately to city and each of its employees against whom a claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Any failure by city and its employees to comply with the reporting provisions of the policy(ies) shall not affect coverage provided to city and its employees.
D. The operator’s insurance is to be placed with insurance companies with A.M. Best & Co.’s rating of no less than A-VII, or such other rating approved by the city. Any deductibles or self-insured retentions shall be declared to and approved by the city. At the sole discretion of the city, the operator shall either reduce or eliminate such deductibles or self-insured retentions with respect to city and its employees or the operator shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
E. A copy of the operator’s policy(ies) or evidence thereof shall be deposited with the city clerk. Each insurance policy required by this chapter shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after 30 days’ prior written notice by certified mail, return receipt requested, has been given to the city. [Ord. 1119 § 11, 1996; Ord. 912 § 1, 1986.]
9.98.250 Indemnity.
Any operator who performs towing and/or storage services under this chapter shall defend, indemnify and hold the city, its employees, agents, officers and volunteers harmless from and against any and all liability, demands, claims, damages, costs, losses, recoveries, settlements and expenses (including interest, penalties, attorney’s fees, accounting fees, expert witness fees, costs and expenses) incurred by city, known or unknown, contingent or otherwise, directly or indirectly arising from or in any way related to operator’s performance of towing and/or storage services. [Ord. 1119 § 12, 1996; Ord. 912 § 1, 1986.]
9.98.260 Termination of services and appeal.
A. An operator may voluntarily request removal from a rotational list by giving two weeks’ prior written notice to the city manager. The city manager may waive this notice requirement in his sole discretion.
B. The city manager or his designee may, after a noticed hearing conducted as set forth in Chapter 1.08 PMC, remove an operator from a rotational list if he finds that:
1. The operator has failed to comply with the requirements of this chapter, local, state or federal laws;
2. The operator has made or caused to be made a false statement on his application; or
3. The operator has been convicted of any crime punishable as a felony or any crime involving stolen or embezzled vehicles, stolen property, fraud, driving while intoxicated, sale or use of illegal drugs, or moral turpitude.
C. An operator may appeal a decision to remove him from the rotational list by filing a written notice of appeal in accordance with the requirements of Chapter 1.08 PMC. An appeal from the decision of the city manager’s designee shall be heard by the city manager. An operator may appeal the city manager’s decision or to the city council by filing a written notice of appeal in accordance with the requirements of Chapter 1.08 PMC. [Ord. 1119 § 13, 1996; Ord. 912 § 1, 1986.]
9.98.270 Compliance with law.
The operator shall at all times comply with federal, state and local laws applicable to the towing and/or storage of vehicles. [Ord. 1119 § 14, 1996.]
9.98.280 Period to comply.
If a tow operator is on the city’s rotational tow list, as of the effective date of the ordinance codified in this section, but does not meet a new requirement imposed by this chapter, the operator shall have two years from the effective date of the ordinance codified in this section to comply with such new requirement. If at the end of such period the operator is not in compliance, he shall be removed from the city’s rotational lists in the manner set forth in this chapter as amended herein. [Ord. 1119 § 15, 1996.]
Prior legislation: Ords. 820 and 846.