CHAPTER 10. TOWING SERVICES
3-10.01 Purpose and Intent.
The public health, safety and general welfare require that hazards to vehicular movement and traffic safety be removed from the City streets as soon as it is possible to do so. This need is especially pronounced when the hazard results from a vehicular accident or malfunction. Thus, in order to ensure the efficient removal of these impediments from the roadways of the City of Walnut Creek, as well as to provide a dependable service to the public, it is necessary to establish minimum standards for vehicular towing services. (§1, Ord. 1114, eff. March 29, 1972)
3-10.02 Definitions.
The following words and phrases used in this chapter shall have the following meanings:
a. Attendant is an employee of an operator qualified by knowledge and experience to operate a tow car or tow truck.
b. Operator means any person, firm, corporation or association engaged in the business of towing motor vehicles.
c. Rotation list is a list maintained by the Walnut Creek Police Department of operators who comply with the provisions of this chapter and from which the Police Department will make calls for towing services on a sequential basis
k. Tow car or Tow truck shall mean a motor vehicle which has been altered or designed and equipped for, and is used exclusively in, the business of towing vehicles by means of a crane, cradle, tow bar, tow line, dolly, or other mechanisms which perform the same function.
e. Towing service is the business of towing motor vehicles. (§1, Ord. 1114, eff. March 29, 1972, as amended by (§1, Ord. 1143, eff. August 30, 1972, and by §1, Ord. 1579, eff. December 31, 1983)
3-10.03 Regulation.
The provisions of this chapter shall apply to all participating towing services responding to requests for service made through the Walnut Creek Police Department regardless of whether said request was originated by the Police Department or a citizen.
It shall be unlawful for any towing service or operator not on the rotation list established by §3-10.05 to remove from the public streets and tow away any vehicles subject to the provisions of this chapter. However, the owner or driver of any vehicle may designate any towing service to remove and tow away his vehicle. (§1, Ord. 1114, eff. March 29, 1972, as amended by §1, Ord. 1143, eff. August 30, 1972)
3-10.04 Unlawful Solicitation.
It shall be unlawful for any operator, his agent or employee to solicit any work which is within the scope of this chapter without first having been called by the owner or operator of the disabled vehicle or by the Walnut Creek Police Department. Any violation of this section will be cause for termination of operator from rotation list. (§1, Ord. 1114, eff. March 29, 1972, as amended by §1, Ord. 1143, eff. August 30, 1972)
3-10.05 Selection and Designation.
The rotation tow list will be open to all tow services that meet the requirements of this chapter. Two or more tow services owned by or affiliated with the same individual or corporation will be considered as one tow service for placement on the rotation list.
The Chief of Police may refuse to accept an application if an applicant cannot meet the requirements of any of the provisions of this chapter. This determination shall be based upon information supplied to the Chief of Police by the Walnut Creek Police Department or any other public agency, or upon past experience with the applicant, or upon information contained in the application.
The Chief of Police’s refusal to accept an application may be appealed in accordance with Section 3-10.16. (§1, Ord. 1114, eff. March 29, 1972, and §1, Ord. 1143, eff. August 30, 1972), as amended by § 1, Ord. 1467, eff. June 19, 1980)
3-10.06 Application.
Each operator of a towing service shall fill out an application supplied by the Police Department and shall pay the processing fees set forth in the City of Walnut Creek’s resolution on municipal fees and charges. (§1, Ord. 1114, eff. March 29, 1972, as amended by §1, Ord. 1143, eff. August 30, 1972)
3-10.07 Tow Trucks: Minimum Equipment Standards.
Each tow car or tow truck shall meet the following standards:
a. Truck Chassis: Each tow truck must be capable of safely towing standard automobiles, light-duty trucks and vans.
b. Company Name: Vehicles shall be marked pursuant to Section 27907 of the California Vehicle Code.
c. Lights: Vehicles must at all times be equipped with such lighting equipment as required by the California Vehicle Code, and may be equipped with such other lights as the operator may desire which are not forbidden by law.
d. Winch: Each tow truck must have a winch with a minimum cable length of one hundred (100) feet.
e. Additional equipment required for each tow truck:
1. Flashlight in operating condition,
2. dustpan,
3. crowbar,
4. prybar,
5. five (5) gallons of dirt for fluid spills,
6. rope or strapping implement for securing steering wheels,
7. miscellaneous hand tools such as hammer, screwdriver and wrenches,
8. set of dollies,
9. safety chain,
10. all other equipment required by the California Vehicle Code.
In addition to the above, each tow car or tow truck shall be operated by a qualified attendant. The Police Department may test an attendant’s knowledge, skill and proficiency in performing his or her duties. (§1, Ord. 1114, eff. March 29, 1972, as amended by (§1, Ord. 1143, eff. August 30, 1972, and by §2, Ord. 1579, eff. December 3l, 1983)
3-10.08 Business and Storage Lot Requirements.
a. Vehicle Storage. Each approved towing service must have a storage lot and/or building located within or reasonably adjacent to the City limits which is adequate to store not less than five (5) vehicles. The storage lot shall be enclosed by a fence of a type which is capable of protecting stored vehicles and their contents from pilfering or tampering. All gates or buildings shall be securely locked when not in use and the storage lot shall be reasonably screened from public view. No vehicles will be towed by an operator who is unable to provide adequate storage facilities at the time of his rotation turn, provided, however, that this subsection shall not apply to the towing of abandoned vehicles having an estimated value of $100.00 or less.
b. Hours. There shall be an attendant on call, capable of responding to police requests for towing and for citizen’s requests for release of vehicles twenty-four (24) hours per day, seven (7) days per week, including holidays.
c. Insurance. 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. Operators shall notify the Police Department and City Clerk immediately of any change in the limits of their insurance. (§1, Ord. 1114, eff. March 29, 1972, as amended by §1, Ord. 1143, eff. August 30, 1972)
3-10.09 Schedule of Fees and Rates.
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 based on operating data supplied by operators approved pursuant to this chapter. This schedule will 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.
No additional fees may be charged for towing services that are subject to this chapter. Each member operator shall keep adequate business records of such charges and fees. (§1, Ord. 1114, eff. March 29, 1972)
3-10.10 Response Time.
Response time must be twenty (20) minutes or less. If a company is unable to respond and gives proper notification to that fact within five (5) minutes of being dispatched by the Police Department, the company will only lose one (1) rotation turn. (§1, Ord. 1114, eff. March 29, 1972, as amended by §1, Ord. 1143, eff. August 30, 1972)
3-10.11 Protection of Vehicles.
Vehicles impounded by the police for special investigations, i.e., fingerprints, etc., shall be held by the operator until released in writing by the Police Department. Contents of vehicles impounded shall not be removed without the prior written approval of the Police Department. Impounded vehicles shall not be entered or examined by anyone without written permission or impound release from the Police Department. Impounded vehicles shall be deemed to be in the custody of the Police Department until released by them, and in the interim shall be stored for safekeeping by the member operator. Such impounded vehicles may be required to be stored inside a locked building, depending upon the needs of the Police Department. In such cases the next rotation tow operator having such storage available will be called, without loss of rotation turn to those passed over.
The operator shall assume responsibility for damage or loss to vehicles while in his possession. (§1, Ord. 1114, eff. March 29, 1972, as amended by §1, Ord. 1143, eff. August 30, 1972)
3-10.12 Lawful Orders.
All lawful orders by a police officer shall be obeyed pursuant to State and municipal codes. It shall be the responsibility of the operator to remove all hazards and debris at the scene. (§1, Ord. 1114, eff. March 29, 1972)
3-10.13 Collecting Fees and Lien Sale.
The collection of fees and lien sales, including the disposition of abandoned vehicles having an estimated value of $100.00 or less, shall be conducted according to State law. (§1, Ord. 1114, eff. March 29, 1972)
3-10.14 Record Maintenance.
Operator’s records, equipment and storage facilities shall be subject to periodic checks by the Police Department during normal business hours. (§1, Ord. 1114, eff. March 29, 1972, as amended by §1, Ord. 1143, eff. August 30, 1972)
3-10.15 Damage Appraisals.
All vehicles, except impounded vehicles, stored pursuant to the provisions of this chapter shall be made available for the purpose of estimating or appraising damages by the owner of the vehicle or his representative during normal business hours.
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. (§1, Ord. 1114, eff. March 29, 1972, as amended by §1, Ord. 1143, eff. August 30, 1972)
3-10.16 Cancellation and Appeal.
Every participating towing service shall conform to all of the provisions of this chapter. Failure to abide by this chapter shall be deemed sufficient cause for the cancellation and termination of an operator’s services by the Chief of Police.
Written notice of the reasons for removal of an operator’s service from the rotation list shall be given twenty-four (24) hours prior to actual cancellation. The decision of the Chief of Police may be appealed to the City Council in accordance with the procedures set forth in Chapter 4 of Title 1 of the Walnut Creek Municipal Code, commencing with Section 1-4.01.
3-10.17 Rotation Turns.
Requests for towing of vehicles, emergency road service and any other non-towing services will be considered to be a rotation turn except when (1) operator or attendant requests no compensation for services rendered; (2) services of a specific operator are requested by a citizen; or (3) towing abandoned vehicles. (§1, Ord. 1114, eff. March 29, 1972)
3-10.18 Abandoned Vehicles.
Abandoned vehicles will be rotated equally only among the companies which hold a valid dismantler’s license as described in §11500 of the California Vehicle Code. 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 of Walnut Creek. Low-value abandoned vehicles need not be stored pursuant to the provisions of this chapter. (§1, Ord 114, eff. March 29, 1972)
3-10.19 Rotation Deviation.
The Police Department may deviate from the normal rotation schedule if the operator next on rotation is, in the judgment of the Department, incapable or not properly equipped for handling a specific task requiring special skills or equipment. If none of the operators 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 deviation from the normal rotation shall not cause a loss of turn by either the operator judged incapable of handling the request or by the rotation operator who did respond. (§1, Ord. 1114, eff. March 29, 1972, as amended by §1, Ord. 1143, eff. August 30, 1972)
3-10.20 Police Department Records.
The Police Department shall maintain rotation records which will be available for inspection by operators and the general public during normal business hours. (§1, Ord. 1114, eff. March 29, 1972, as amended by §1, Ord. 1143, eff. August 30, 1972)