Chapter 6.35
TOWING SERVICES1
Sections:
6.35.010 Purpose.
6.35.020 Scope.
6.35.030 Definitions.
6.35.040 Selection of operators.
6.35.050 Minimum standards – Equipment, storage lot, drivers, business operation.
6.35.060 Duties of driver.
6.35.070 Fees and rates.
6.35.080 Rotation.
6.35.090 Response times.
6.35.100 Vehicles impounded for special investigation.
6.35.110 Accessibility of vehicles.
6.35.120 Abandoned vehicles.
6.35.130 Noncompliance.
6.35.010 Purpose.
The public health, safety and welfare require that hazards to vehicular movement and traffic safety be removed from city streets as soon as it is possible to do so. In order to ensure the efficient removal of a vehicle which is a hazard to traffic, and to provide a dependable towing service to the public, it is necessary to establish minimum standards for vehicle towing services. (Ord. 683 § 1, 1993; 1991 code § 6-25.1)
6.35.020 Scope.
This chapter applies to each towing service that responds to a request for service made through the police department, regardless of where the request originated. (Ord. 683 § 1, 1993; 1991 code § 6-25.2)
6.35.030 Definitions.
As used in this chapter:
Driver means an employee of an operator qualified by knowledge and experience to operate a tow truck.
Operator means a person engaged in the business of towing motor vehicles.
Rotation list means a list maintained by the police department of operators who comply with this chapter and from which the police department will make calls for towing services on a sequential basis.
Tow truck shall be a motor vehicle as defined in the California Vehicle Code. (Ord. 718 § 1, 1997; Ord. 683 § 1, 1993; 1991 code § 6-25.3)
6.35.040 Selection of operators.
The police department shall maintain a rotation list of six tow truck operators. Operators shall be selected as provided in this section.
A. Current list – Future openings. The six current operators shall remain on the rotation list. An opening on the list occurs whenever a current operator resigns, retires or is removed for failing to comply with the stated requirements or for having unresolved complaints.
B. Advertising. When there is an opening on the city rotation list, the city shall advertise for applications from all operators interested in being placed on the city rotation list.
C. Application and fee. The operator shall fill out an application furnished by the city and pay the application processing fee set forth in the city’s resolution on fees and charges. Each applicant shall return the completed application to the police department by the date specified in the notice (which will be approximately one month before the selection date). The application processing fee is nonrefundable.
The applications shall be subject to review by the police department to ensure that all qualifications have been met by the operator. The department may conduct an appropriate investigation into the status of the business.
D. Establishing the rotation list. Qualified applicants will be notified of the selection time and date. At the specified time, the city clerk shall select operators by lottery to fill any openings in the rotation list. Any operator selected remains on the rotation list until that operator resigns, retires or is removed for failing to comply with the stated requirements or for having unresolved complaints. (Ord. 718 § 2, 1997; Ord. 683 § 1, 1993; 1991 code § 6-25.4)
6.35.050 Minimum standards – Equipment, storage lot, drivers, business operation.
A. Tow truck equipment. Each operator shall own or lease at least three fully equipped tow trucks, which are of a minimum one-ton capacity with rear dual wheels, or equivalent, including at least one flatbed truck, operational at all times. Each tow truck, in addition to complying with the requirements of the California Vehicle Code, shall have one chassis-mounted, power-driven winch operated from a transmission equipped with safety dogs or equivalent braking devices with a minimum cable length of 100 feet. In addition to equipment required by the California Vehicle Code and the California Highway Patrol Tow Truck Inspection Guide (CHP-243B), each tow truck shall carry the following equipment:
1. Flashlight in operating condition;
2. Square-bladed shovel and dustpan;
3. Crowbar or prybar;
4. Minimum of 50 pounds of a liquid absorbent;
5. Rope or strapping implement for securing steering wheels;
6. Miscellaneous hand tools such as hammer, screwdriver and wrenches;
7. Set of dollies;
8. Safety chain.
B. Vehicle storage. Each operator shall own or lease a storage facility (lot or building) which: (1) is located within Contra Costa County and within a 10-mile radius of the Pleasant Hill City Hall; (2) conforms to the zoning regulations in the jurisdiction in which it is located; and (3) is adequate to store at least 10 vehicles. A storage lot shall be enclosed by a fence capable of protecting stored vehicles and their contents from pilfering or tampering and shall be reasonably screened from public view. Storage buildings shall be securely locked when not in use. No vehicle may be towed by an operator who is unable to provide adequate storage facilities at the time of his or her rotation call.
C. Hours. There shall be a driver on call, capable of responding to a police request for towing and for a citizen’s request for release of vehicle 24 hours per day, seven days per week, including holidays. Stored vehicles shall be accessible as required by PHMC § 6.35.110.
D. Drivers. Each operator must certify that each driver is trained in the use of the operator’s equipment and possesses a valid California driver’s license of an appropriate class. Only certified drivers may respond to police tows. The police department may test a driver’s knowledge, skill and proficiency in performing his or her duties. The chief of police may remove an operator from the rotation list if he or she determines that a driver or the operator has been convicted of any of the following crimes (including a plea of nolo contendere) within the prior three years: auto theft, burglary, possession of stolen property, grand or petty theft; a crime involving violence to another person; a violation of the Health and Safety Code relating to narcotics or dangerous drugs; a crime relating to illegal acquisition of a vehicle or vehicle parts or documents relating to vehicle registration or ownership; or a crime relating to a certificate of ownership, registration card, certificate, license plate, special plate or permit under the Vehicle Code.
E. Insurance. Each operator shall maintain the following types and minimum amounts of insurance to protect the city from claims for damage which may arise from the performance of police towing services under this chapter.
1. Public liability insurance of at least $1,000,000 combined single limit for both property damage and public liability.
2. Garage keepers legal liability insurance including premises, operations, and customer vehicles of at least $1,000,000 per claim.
3. Automobile insurance of at least $1,000,000 combined single limit for both property damage and bodily injury.
4. Cargo insurance of at least $50,000.
5. Workers’ compensation insurance as required by state law.
Each policy shall name the city as an additional insured, state that the insurance is primary as to the city, provide for a 30-day notice of cancellation to the city, and shall be issued by an insurance carrier having a Best’s rating of at least A:VII. The operator shall file a copy of the certificate of insurance with the police department, showing the limits of coverage and including an endorsement naming the city as an additional insured.
F. Records – Inspections. The operator shall maintain adequate records to include a description of vehicles, nature of the service, time and location of the call, and the disposition of towed vehicles. The police department may inspect, during normal business hours, operator’s records, equipment and storage facilities in order to ensure compliance with this chapter.
G. Experience. Each applicant must have at least three years of for-hire towing experience as an operator or a principal.
H. Business license. Each operator selected for the rotation list shall maintain a city business license. (Ord. 718 § 3, 1997; Ord. 684 § 1, 1993; Ord. 683 § 1, 1993; 1991 code § 6-25.5)
6.35.060 Duties of driver.
Each driver shall remove all hazards and debris from the location from which a vehicle is towed prior to leaving the scene of the tow. (Ord. 718 § 4, 1997; Ord. 683 § 1, 1993; 1991 code § 6-25.6)
6.35.070 Fees and rates.
Fees charged for response calls originating from the police department shall be reasonable and not in excess of those rates charged for similar services provided in response to any other public agency or private person. The maximum fees for city requests shall be established and maintained by the chief of police, and the schedule of maximum fees may be reviewed and adjusted annually, based on a review of rates in neighboring jurisdictions and operations data provided by the operators. The schedule of maximum rates shall include rates for dollies, vehicle storage, gate fees and any other authorized rate. Secondary towing services requested by the customer may be negotiated by the operator in accordance with his or her normal business practices.
Operators shall provide emergency tow service and changing of tires within a 10-mile radius of the Pleasant Hill City Hall to all city-owned vehicles at a rate not to exceed 50% of the basic rate. The towing of a city vehicle shall not count as a turn on the rotation list. Upon the written request of the police department, the storage rate of a vehicle involved in a criminal investigation shall be: for the first 72 hours, no charge; fourth day to seventh day, at a rate not to exceed 50% of the maximum storage rate. This provision of the section may only be invoked one time per month, per operator. (Ord. 718 § 4, 1997; Ord. 683 § 1, 1993; 1991 code § 6-25.7)
6.35.080 Rotation.
A. Turn designated. A request for the towing of a vehicle, a request for emergency road service, and a request for any other service is considered a rotation turn except when:
1. No compensation for services provided is charged;
2. A citizen requests the services of a specific operator;
3. Emergency tow or road service is provided for city vehicles.
B. Schedule changes. The police department may deviate from the normal rotation schedule if the operator next on rotation is, in the department’s judgment, incapable or improperly equipped for handling a specific task. If no operator on the rotation list has the necessary skills or equipment to handle a specific task, the police department may request service from an operator capable of handling the request. A change from the normal rotation does not cause a loss of turn by either the operator judged incapable of handling the request or by the rotation operator who responded.
C. Records. The police department shall maintain rotation records and make these available for inspection to an operator and to the public. (Ord. 683 § 1, 1993; 1991 code § 6-25.8)
6.35.090 Response times.
Response times to arrive at place of service shall be a maximum of 20 minutes, seven days per week, except Monday through Friday between 7:00 a.m. and 9:00 a.m., and between 3:00 p.m. and 6:00 p.m., when response time shall be a maximum of 30 minutes from time of call. All response times must be met at least 95% of the time in each calendar month. If the operator is unable to respond within the specified time limit, the operator loses that rotation turn only. (Ord. 683 § 1, 1993; 1991 code § 6-25.9)
6.35.100 Vehicles impounded for special investigation.
At the request of the police department, the operator shall hold a vehicle impounded for special investigation until the department authorizes its release in writing. The operator shall take necessary measures to prohibit the contents of a vehicle impounded for special investigation from being removed without written approval of the police department. The operator shall prevent an unauthorized person from entering or examining such an impounded vehicle. The police department may require such an impounded vehicle to be stored inside a locked building and, in this event, the police department may call upon an operator, whether from the rotation list or not, who has this storage available. If this should occur, an operator passed over on the rotation list does not lose his or her rotation turn. (Ord. 683 § 1, 1993; 1991 code § 6-25.10)
6.35.110 Accessibility of vehicles.
A. The operator shall make each vehicle, except a vehicle impounded for special investigation, available during normal business hours to the owner or his or her representative for the purpose of estimating damages to the vehicle and appraising its value.
B. The operator shall provide the police department with access to each stored vehicle. A stored vehicle shall be released to its owner or his or her representative upon payment of the permitted charges. All personal property within the vehicle shall be released to the owner or his or her representative upon request, even though the vehicle is retained in storage, except in the case of a vehicle impounded for special investigation. (Ord. 683 § 1, 1993; 1991 code § 6-25.11)
6.35.120 Abandoned vehicles.
Request to tow abandoned vehicles shall be rotated equally among the operators. If an operator cannot process an abandoned vehicle for any reason, the police department may call any other operator to tow or sell, or both, a vehicle abandoned within the city. An operator need not store a low-value abandoned vehicle. (Ord. 683 § 1, 1993; 1991 code § 6-25.12)
6.35.130 Noncompliance.
The chief of police may remove an operator from the rotation list if the operator fails to comply with this chapter. In the event of removal, the chief of police shall give the operator written notice of the reasons 24 hours in advance of the effective date of removal. The operator may appeal the decision of the chief of police to the city manager in the manner provided in PHMC Chapter 1.10. (Ord. 683 § 1, 1993; 1991 code § 6-25.13)
Editor’s note: Prior ordinances codified herein include portions of 1978 code Ch. 8.52.