4.33.102 Findings and Purpose.

The public health, safety and welfare of the residents of the City of Oakley require timely removal of disabled, abandoned, illegally parked or unlawful motor vehicles that are hazardous to traffic safety. In order to ensure prompt service to police requests for motor vehicle removal, safe operation of motor vehicle removal and storage, convenience to the public to retrieve motor vehicles that have been towed, reasonable prices for such towing services, and a fair rotational system for tow service providers, it is necessary for the City of Oakley to establish minimum standards for motor vehicle towing services.

(Sec. 1, Ordinance No. 03-11, adopted March 8, 2011)

4.33.202 Unlawful Solicitation.

It shall be unlawful for any tow operator, his agent, or employee to solicit tow work within the scope of this chapter without first being requested to provide such tow service by the owner or operator of the motor vehicle or by the Oakley Police Department.

(Sec. 1, Ordinance No. 03-11, adopted March 8, 2011)

4.33.302 Adoption of Rules and Regulations.

The Chief of Police may establish a "rotational tow list" made up of tow service providers which will be called when the Police Department requests vehicles to be towed. The Chief shall promulgate rules and regulations for tow operators to be listed on the rotational tow list. Prior to becoming effective, the rules and regulations shall be approved by the City Manager and City Attorney. Tow operators shall enter into agreements to provide tow services pursuant to the terms and conditions of the rules and regulations. Tow operators shall provide to the Chief of Police the fees and costs for service that they charge to the vehicle owner or operator for tow and storage. The Chief may refuse to allow a tow provider to be on the list, or to continue on the list, if the fees and charges imposed by the tow operator are not comparable and reasonable compared to the fees and charges imposed by other tow operators on the rotational tow list.

The City Council of the City of Oakley shall establish, by resolution, rules and regulations provided by the Chief of Police, describing the duties and procedures for tow service providers who provide City-related tow services pursuant to this chapter and authorizing the Chief of Police to enter into agreements with tow service providers for City-related tow services. Such rules, regulations, agreements, and any amendments thereto are enforceable and are subject to any penalty provided therein and within the Oakley Municipal Code.

(Sec. 1, Ordinance No. 03-11, adopted March 8, 2011)

4.33.402 Fees.

The City Council of the City of Oakley may, from time to time, adopt a resolution establishing fees to be charged to tow operators who wish to be listed on the rotational tow list and to enter into tow agreements with the City. The fee shall not exceed the actual cost of the Police Department and other City departments to review the application, make determinations regarding the application, make the necessary inspections of the tow yards and vehicles, drafting and review of the tow service agreements, and administration of the rotational tow program.

(Sec. 1, Ordinance No. 03-11, adopted March 8, 2011)

4.33.502 Indemnification of City.

Any tow service operator participating in the police tow services program shall indemnify, defend, and hold harmless the City, its officers, employees, and agents against and from any and all actions, claims, suits, losses, and expenses for damages or injury arising from the tow service operator’s performance pursuant to this chapter.

(Sec. 1, Ordinance No. 03-11, adopted March 8, 2011)

4.33.602 Cancellation and Appeal.

All tow service operators providing tow services for the City of Oakley shall abide by the provisions of this chapter and the rules and regulations and agreements set forth in Section 4.33.302. Noncompliance will be deemed sufficient cause for the Chief of Police to cancel services provided by the tow service provider. Twenty-four (24) hour written notice shall be given to the tow service provider stating the reason(s) for cancellation. Vehicle owners or operators who wish to appeal the tow of their vehicle and/or the storage and imposition of fees therefor shall have the right to file an appeal pursuant to Chapter 1.8.

(Sec. 1, Ordinance No. 03-11, adopted March 8, 2011)