Chapter 10.32
ROTATIONAL TOWING SERVICES
Sections:
10.32.010 Findings and purpose.
10.32.030 Rules and specifications.
10.32.040 Towing rotation program.
10.32.050 Number of towing operators needed.
10.32.060 Application for placement on eligibility list.
10.32.070 Determination of eligibility by police chief.
10.32.090 Placement on towing rotation list.
10.32.100 Towing services agreement.
10.32.110 Towing services for city vehicles.
10.32.120 Annual renewal application.
10.32.130 Removal from towing rotation list.
10.32.140 Vacancy on towing rotation list.
10.32.160 City’s authority to maintain towing operations and vehicle storage facilities.
10.32.170 Violations and penalties.
10.32.010 Findings and purpose.
The city council of the City of Escalon hereby finds that it is in the public interest to establish a rotation list for towing services to provide the police department with an expedient means of moving damaged and disabled vehicles, illegally parked vehicles, vehicles that must be moved for safekeeping and for evidentiary purposes, and abandoned, wrecked, dismantled, or inoperative vehicles constituting a nuisance. The provisions in this chapter are not intended to govern situations where towing services have been requested by vehicle owners or private property owners, except as may be permitted by law. (Ord. 535 § 1, 2012)
10.32.020 Definitions.
“City” means the City of Escalon.
“City manager” means the city manager of the City of Escalon or his or her designee.
“Eligibility list” means the city’s list of towing operators who have applied for participation in the towing rotation program and who the police chief has determined to be qualified for such participation.
“Police chief” means the chief of police of the City of Escalon or his or her designee.
“Police department” means the police department of the City of Escalon.
“Rules and specifications” means the city’s rules and specifications for towing services and vehicle storage facilities promulgated by the police chief pursuant to this chapter.
“Towing operator” means any person, firm, or corporation with a valid city business license and engaged in the business of towing and storing vehicles within the city.
“Towing rotation list” means the city’s list of eligible towing operators to be used by the police department when assistance is needed to move abandoned, disabled, illegally parked, or impounded vehicles. (Ord. 535 § 1, 2012)
10.32.030 Rules and specifications.
A. The police chief shall promulgate written rules and specifications governing the provision of towing services, the qualifications and conduct of tow truck drivers, and the requirements for vehicle storage facilities and lots. The rules and specifications may be amended from time to time as deemed appropriate by the police chief.
B. The rules and specifications shall include, but not be limited to, provisions requiring that all towing operators participating in the towing rotation program do all of the following:
1. Obtain a city business license;
2. Enter into a towing services agreement with the city;
3. Abide by the provisions of this chapter and the rules and specifications promulgated by the police chief;
4. Abide by the towing rotation list;
5. Protect, indemnify, defend, and hold harmless the city, its elected officials, officers, employees, agents, and volunteers from all claims, demands, or liabilities arising out of or encountered in connection with the towing operator’s agreement with the city or the performance of work or purchase of supplies, equipment, and materials in preparation for the towing operations, or claims, demands and liabilities arising out of events occurring during the towing and subsequent storage and maintenance of vehicles on behalf of the city, whether or not such claims, demands or liabilities are caused by the towing operator, its employees, or its agents;
6. Provide proof of, and maintain, general liability, automobile liability, and workers’ compensation insurance in an amount and at an insurance industry rating which meets the requirements of the city’s finance department, names the city as an additional insured, and is acceptable to the city attorney;
7. Have inspected, at least once per year, all towing vehicles and all vehicle storage facilities and lots used in providing services; and
8. Provide, at no cost to the city, towing services for all city vehicles. (Ord. 535 § 1, 2012)
10.32.040 Towing rotation program.
A. The police chief shall develop a list of towing operators, selected from a list of eligible towing operators, to provide towing services for the police department on a rotation basis.
B. The towing operator at the top of the list shall be on-call to provide towing services to the city. Once a towing operator completes its designated on-call service, the towing operator’s name shall be moved to the bottom of the list, and the towing operator then at the top of the list shall be the next towing operator contacted to provide towing services to the city.
C. When the city manager or the police chief determines that an emergency exists, the city may request services from a towing operator who is not at the top of the list. (Ord. 535 § 1, 2012)
10.32.050 Number of towing operators needed.
A. The police chief shall determine the number of towing operators needed to provide towing services to the police department. On or before December 1st of each calendar year, the police chief shall determine the appropriate number of towing operators to be placed on the rotation list for the following year. The police chief’s determination shall be based upon the number of towing operators that may be required by the public convenience and necessity, and for the efficient operation of the police department. In determining the required number of towing operators to be placed on the towing rotation list, the police chief shall consider factors including, but not limited to, the following:
1. The operational needs of the police department;
2. The population growth in the city;
3. The additional land area annexed to the city;
4. The number of currently authorized towing operators and their average response times;
5. The administrative burdens imposed by the number of towing operators to be included on the towing rotation list; and
6. Other relevant, objective factors to be determined by the police chief.
B. The police chief’s determination shall be made in writing and shall include the number of towing operators to be included on the towing rotation list and a brief statement of the reasons why that number was selected. (Ord. 535 § 1, 2012)
10.32.060 Application for placement on eligibility list.
A. An application for placement on the police department’s eligibility list shall be made in writing, executed under penalty of perjury, and filed with the police chief. The application shall contain all of the following:
1. The full name of the applicant and of all persons who are financially interested, whether directly or indirectly, in the towing operator’s business;
2. The business address of the applicant and of all financially interested parties;
3. The name under which the business will be operated;
4. A statement indicating whether the applicant or any financially interested person has been removed from a towing rotation list or has had a permit to tow motor vehicles suspended or revoked in any jurisdiction and, if so, an explanation of the circumstances of the removal, suspension, or revocation;
5. A complete description of each vehicle to be operated by the applicant and the applicant’s employees, including the vehicle’s make, model, year, license number, vehicle identification number, engine horsepower, and a description of hoist equipment and towing weight capacity;
6. Current certificates from a state-approved testing station certifying all safety equipment on all of the applicant’s towing vehicles;
7. The name, driver’s license number, and position of each person who will be involved in towing, storing, and releasing vehicles for, or on behalf of, the applicant, such as employees of the applicant and independent contractors;
8. The specific location of all proposed vehicle storage facilities or lots. The proposed facilities or lots and offices open to the public during normal business hours must be located within the city’s sphere of influence as defined in the city’s general plan to ensure adequate response times and to limit the city’s costs and administrative burdens arising out of police department personnel having to conduct investigations in distant storage lots;
9. A statement indicating that the applicant is able to comply with all the requirements of this chapter, the rules and specifications promulgated by the police chief, and the terms and conditions of the towing services agreement that the applicant must enter into with the city; and
10. Any other information required by the police chief as set forth in the rules and specifications.
B. Applications shall only be accepted during the annual enrollment period, which shall begin on May 1st and end on May 31st of each calendar year. (Ord. 535 § 1, 2012)
10.32.070 Determination of eligibility by police chief.
A. Upon receiving an application, the police chief shall verify all the information included in the application, and shall cause an investigation to be conducted to determine the applicant’s qualifications to comply with the provisions of this chapter and with the rules and specifications.
B. Within 30 days after the filing of the application, the police chief shall determine whether the applicant is eligible for placement on the towing rotation list. The police chief shall determine eligibility pursuant to guidelines set forth in the rules and specifications.
C. If the police chief determines that an applicant is qualified, the qualified towing operator’s name shall be placed on the eligibility list. Qualified towing operators shall be placed on the eligibility list in the order in which their applications were received.
D. If the police chief determines that an applicant is not qualified, the police chief shall promptly send to the applicant a written statement indicating the reasons for the police chief’s determination. (Ord. 535 § 1, 2012)
10.32.080 Appeal.
Any applicant deemed unqualified by the police chief may appeal the police chief’s decision to the city manager. Appeals shall be initiated by filing a notice of appeal, in writing, with the city manager within 10 days of receipt of the notice of the police chief’s decision. The written notice of appeal shall explain the reason(s) for the appeal.
The city manager shall hear the appeal within 30 days of the filing of the notice of appeal. The city manager shall notify the applicant of his or her decision within 10 days after the decision is made. The city manager may affirm or overrule the police chief’s decision. The city manager’s decision shall be final. (Ord. 535 § 1, 2012)
10.32.090 Placement on towing rotation list.
A. Based on the number of towing operators needed, as determined by the police chief pursuant to EMC 10.32.050, the police chief shall select from the eligibility list the appropriate number of towing operators to be placed on the towing rotation list for participation in the towing rotation program. The police chief shall select towing operators from the eligibility list in the order in which their applications were received. If a towing operator on the eligibility list was not placed on the towing rotation list, its name shall remain on the eligibility list until the next enrollment period, at which time it must renew its application for eligibility pursuant to the procedures set forth in EMC 10.32.120.
B. Towing operators selected to provide towing services to the city shall abide by the provisions of this chapter, the rules and specifications promulgated by the police chief, and the towing services agreement entered into with the city.
C. The rotation list may be amended from time to time as part of the police chief’s promulgation or modification of the rules and specifications. (Ord. 535 § 1, 2012)
10.32.100 Towing services agreement.
All towing operators placed on the towing rotation list shall enter into a towing services agreement with the city. The towing services agreement shall be in a form approved by the city attorney. The agreement shall provide that the provisions of this chapter as well as the rules and specifications promulgated by the police chief shall apply during the entire term of the agreement. The towing services agreement shall be executed within 30 days of the towing operator’s placement on the towing rotation list. (Ord. 535 § 1, 2012)
10.32.110 Towing services for city vehicles.
All towing operators on the towing rotation list shall provide, at no cost to the city, towing services for all city vehicles. (Ord. 535 § 1, 2012)
10.32.120 Annual renewal application.
To continue to participate in the towing rotation program, each towing operator on the towing rotation list must file with the police chief a renewal application for the following year. The renewal application must be filed during the annual enrollment period in the year prior to the year for which the renewal is sought. The renewal application must describe any changes to the information provided in the original application. If there are no material changes to the original application, and if the police chief determines that the towing operator has performed well during the preceding year, then the police chief may place the towing operator on the towing rotation list for the following year. If there are material changes to the original application, or if the police chief determines that the towing operator has not performed well during the prior year, then the renewal application shall be treated as if it were a new application and shall be subject to the procedures for reviewing new applications. (Ord. 535 § 1, 2012)
10.32.130 Removal from towing rotation list.
A. The police chief may remove a towing operator from the towing rotation list at any time for any of the following reasons:
1. The towing operator falsified any portion of its application or failed to include required information in its application;
2. The towing operator failed to comply with, or violated, any provision of this chapter, the rules and specifications promulgated by the police chief, or the towing services agreement entered into with the city;
3. The towing operator, or its employees or agents, engaged in misconduct or a pattern of behavior that is inconsistent with providing quality service to the community and/or not in the best interests of the city and its residents.
B. The police chief shall inform the towing operator of his or her decision in writing. The towing operator may appeal the police chief’s decision to the city manager pursuant to the procedures set forth in EMC 10.32.080. (Ord. 535 § 1, 2012)
10.32.140 Vacancy on towing rotation list.
The police chief shall fill any vacancy on the towing rotation list according to the order in which applications for eligibility were received. (Ord. 535 § 1, 2012)
10.32.150 Exceptions.
Nothing in this chapter shall prohibit or otherwise restrict a vehicle’s owner or operator from selecting and calling a towing vehicle of his or her own choice. (Ord. 535 § 1, 2012)
10.32.160 City’s authority to maintain towing operations and vehicle storage facilities.
Nothing in this chapter shall be construed to restrict or prohibit the city from engaging in its own towing operations or from maintaining its own vehicle storage facilities or lots, either in lieu of, or in addition to, the towing services provided by, and the vehicle storage facilities and lots maintained by, any towing operators listed on the towing rotation list. (Ord. 535 § 1, 2012)
10.32.170 Violations and penalties.
Any towing operator, or any employee or agent of a towing operator, who violates any provision of this chapter shall be guilty of a misdemeanor, and the towing operator shall be removed from the towing rotation list. (Ord. 535 § 1, 2012)
10.32.180 Severability.
If any section, subsection, sentence, clause, or phrase of this chapter is held invalid for any reason, such determination of invalidity shall not affect the remaining provisions of this chapter. The city council declares that it would have adopted this chapter, including every section, subsection, sentence, clause, and phrase, irrespective of whether one or more sections, subsections, sentences, clauses, or phrases is held invalid. (Ord. 535 § 1, 2012)