Chapter 5.58
TOW TRUCKS*
Sections:
5.58.010 Intent and purpose of provisions.
5.58.020 Tow car or tow truck defined.
5.58.030 Regulations generally.
5.58.040 Licenses required – Procedure.
5.58.050 Grounds for denial of license – Appeal – Public hearing.
5.58.070 Repealed.
5.58.075 Indemnification and hold harmless, insurance and bond requirements.
5.58.080 Repealed.
5.58.090 License suspension – Notice required – Appeal – Public hearing.
* For statutory authority for localities to regulate removal of vehicles off the highway, see Veh. Code § 22660; for statutory provisions for equipment on tow trucks, see Veh. Code § 2900, et seq.
CROSS REFERENCE: Abandoned Vehicles, see Ch. 10.80 CVMC.
5.58.010 Intent and purpose of provisions.
It is the intent of this chapter to prescribe the basic regulations for the operation of tow cars or tow trucks, in police emergency and nonemergency situations, in the removal of and towing away of motor vehicles which are illegally parked, apparently abandoned or involved in an accident, or which constitute an obstruction to traffic because of mechanical failure. It is the purpose of the council in enacting this chapter to provide a fair and impartial means of selecting private operators to engage in said business, in the interest of the public as well as in the interest of efficient policing operations for the removal from the public streets of said vehicles. (Ord. 2314 § 1, 1989; Ord. 1021 § 1, 1966; prior code § 31.61).
5.58.020 Tow car or tow truck defined.
A “tow car” or “tow truck” is 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. 1021 § 1, 1966; prior code § 31.60).
5.58.030 Regulations generally.
The city council may, by resolution, authorize the selection of tow car or tow truck services for emergency and nonemergency towing. Any tow company not so selected will be prohibited from towing any vehicles involved in the situations as set forth in CVMC 5.58.010; provided, however, that the owner of the vehicle may designate any towing service to be used for the removal and towing away of such vehicle. However, in the event that a towing service is contacted by the police department to perform said services, and performs said services in a manner not in accordance with the policies as established, the police department is held harmless from any and all liability or damages arising therefrom and shall not be accountable for, nor investigate, complaints of negligence and deviations from the policies, 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 said 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. 2314 § 2, 1989; Ord. 2003 § 3, 1982; Ord. 1021 § 1, 1966; prior code § 31.62).
5.58.040 Licenses required – Procedure.
Any owner or operator of any private tow car or tow truck service shall be required to obtain a special license under the provisions of this section in addition to the normal business license. Said license shall be issued upon application to the police chief and shall be subject to his approval. The police chief, or other properly designated officer, shall make an investigation of the applicant’s background and business propriety and shall require the applicant and, upon the discretion of the police chief, the employees to furnish fingerprints and photographs. (Ord. 2408 § 1, 1990; Ord. 2003 § 3, 1982; Ord. 1416 § 1, 1972; prior code § 18.304(A)).
5.58.050 Grounds for denial of license – Appeal – Public hearing.
In the event that the findings of the investigation by the police chief indicate that the applicant’s practice of doing business within the city will endanger the public health, safety or morals of the community, he may refuse to issue the appropriate license. Such refusal shall be appealable to the city council, and after a public hearing on the matter, the decision of the city council shall be final. (Ord. 2408 § 1, 1990; Ord. 2003 § 3, 1982; Ord. 1416 § 1, 1972; prior code § 18.304(B)).
5.58.070 Insurance required.
Repealed by Ord. 2314 § 4, 1989. (Ord. 2003 § 3, 1982; Ord. 1416 § 1, 1972; prior code § 18.304 (D)).
5.58.075 Indemnification and hold harmless, insurance and bond requirements.
Any agreement to provide tow service shall include a hold harmless clause and bond and insurance requirements as required by the city risk manager and city attorney. (Ord. 2314 § 3, 1989).
5.58.080 Bond required.
Repealed by Ord. 2314 § 4, 1989. (Ord. 2003 § 3, 1982; Ord. 1416 § 1, 1972; prior code § 18.304 (E)).
5.58.090 License suspension – Notice required – Appeal – Public hearing.
In the event that a licensee under this section shall violate or cause or permit to be violated any of the provisions of this chapter, the police chief may suspend such license and shall notify the licensee of such suspension by written notice stating the cause and reason for such suspension. Appeal may be made to the city manager pursuant to Chapter 1.40 CVMC. (Ord. 2718 § 1, 1998; Ord. 2408 § 1, 1990; Ord. 2003 § 3, 1982; Ord. 1416 § 1, 1972; prior code § 18.304(F)).