Chapter 5.38
TOWING BUSINESSES
Sections:
5.38.020 Schedule of fees and charges.
5.38.030 Hold-harmless agreement.
5.38.010 Insurance.
A. It is unlawful to drive or operate or cause to be driven or operated in the city a tow car or tow truck, as defined in Section 615 of the Vehicle Code of the state of California, unless the operator thereof shall first have obtained tow truck or tow car liability insurance policy or policies insuring said operator and covering such vehicle.
B. Minimum limit of insurance shall be one million dollars combined single limit per accident for both injury and property damage.
C. The city, its officers, officials, employees and volunteers are to be included as insureds with regards to damage, damages and defense of claims arising from the ownership, operation, maintenance or use of any vehicle owned, leased, hired or borrowed by the operator, regardless of whether liability is attributable to the operator or a combination of the operator and the city.
D. The insurance coverage shall be primary insurance as respects the city. Any other insurance maintained by the city shall be in excess and shall not contribute with it.
E. Operators’ insurance shall apply separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respect to the company’s limits of liability.
F. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the city, its elected or appointed officers, officials, employees or volunteers.
G. The insurance afforded by the policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty days’ prior written notice by certified mail, return receipt requested, has been given to the city. Such notice shall be addressed to:
City Manager
City of Patterson
P.O. Box 667
Patterson, CA 95363
H. Operator shall furnish the city with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for such insurance policy are to be signed by a person authorized by that insured to bind coverage on its behalf. The certificates and endorsements are to be on forms provided by the city. The city reserves the right to require complete, certified copies of all required insurance policies at any time.
I. Such insurance shall include garage keeper’s liability or equivalent protection affording fire, theft, vandalism and malicious mischief, covering vehicles stored and/or impounded while in the care, custody or control of the towing service operator. (Ord. 454 § 1, 1990).
5.38.020 Schedule of fees and charges.
The maximum fees and charges which may be charged by the towing service operators shall be:
A. Flat rate day or night hours $65.00
B. Use of dolly or winch $15.00 (extra)
C. Storage (outside) per day $14.00
D. Storage (inside) per day $16.00
These fees and charges shall not prevent individual tow companies from setting fees and charges less than those stated herein. (Ord. 529, 1995: Ord. 454 § 2, 1990).
5.38.030 Hold-harmless agreement.
The operator shall save, keep and hold harmless the city, its officers, agents, employees and volunteers from all damages, costs or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of or in the course of towing or storage of any vehicle. (Ord. 454 § 3, 1990).
5.38.040 Applicability.
The provisions of this chapter shall apply only to those tow cars or tow trucks included in the on-call rotation list of tow companies available for Patterson police department generated tows. (Ord. 458 § 1, 1991: Ord. 454 § 4, 1990).