Chapter 2.60
OFFICIAL POLICE TOWING SERVICE*
Sections:
2.60.050 Compliance with other laws, regulations and ordinances.
2.60.060 Payment of tow and storage charges.
2.60.070 Maximum rates and charges for towing operations.
2.60.080 Advertising for bids.
2.60.090 Selection of official police towing services.
2.60.100 Business license and permit requirements.
2.60.110 Tow truck operator’s permit requirements.
2.60.120 Insurance requirements.
2.60.130 Standard rules of operation.
2.60.140 Authority to adopt rules and regulations.
2.60.150 Grounds for city revocation of contract.
* Prior ordinance history: Ords. 754, 88-009 and 92-001.
2.60.010 Purpose and intent.
A. It is the purpose and intent of this chapter to prescribe requirements for operation of the official police towing services for the city. It is the purpose of the city council in enacting this chapter to provide qualified reasonably priced towing operations for towing and storage of motor vehicles on a rotational basis.
B. The city council has determined after review of potential towing operations that:
1. Three or preferably more towing operations are required to provide a higher level of service to the city and to the public;
2. There exists on a current and continuing basis an excessive number of abandoned vehicles that require removal, and more than one towing operation is required to accomplish efficient and timely removal of vehicles to benefit this city and for the public health, safety and welfare;
3. Contracting with towing operations to establish rotational towing services helps to curtail the practice of “chasing” where tow trucks race one another to an accident scene in competition for business. (Ord. 04-012 § 1 (part), 2004)
2.60.020 Definitions.
As used in this chapter:
“Attendant” or “operator” means an individual responsible for the operation of a tow truck.
“Chief of police” means and includes chief of police or his or her designee.
“City” means city of San Pablo.
“County” means Contra Costa County.
“Official police towing service” means the contracting tow operations selected by the city council to be included on a rotational towing list and utilized by the San Pablo police department on an on call basis.
“Person” includes any natural person, corporation, firm, association, organization, partnership, limited liability company, business or trust.
“Removal of vehicles” means all circumstances authorizing a San Pablo police department officer or other city employee to request towing of a motor vehicle pursuant to California Vehicle Code Section 22651 or other applicable law.
“Towing operation” or “towing service” means any activity of towing and/or storing of vehicles, including the removal of vehicles from private property, and the performance of other services incident to towing, for compensation within the city.
“Tow truck” is a motor vehicle which has been altered or designed and equipped for, and primarily used in the business of, transporting vehicles by means of a crane, hoist, tow bar, tow line, or dolly or is otherwise primarily used to render assistance to other vehicles. A “roll back carrier” designed to carry up to two vehicles is also a tow truck. A trailer for hire that is being used to transport a vehicle is also a tow truck. A tow truck does not include an automobile dismantler’s tow vehicle or a repossessor’s tow vehicle as defined in California Vehicle Code Section 615. (Ord. 04-012 § 1 (part), 2004)
2.60.030 Scope of chapter.
The provisions of this chapter shall apply to towing operations which submit bids and contract with the city to provide official police towing services. (Ord. 04-012 § 1 (part), 2004)
2.60.040 Exemptions.
The provisions of this chapter shall not apply to any of the following:
A. Towing operations which do not first bid and later contract with the city to provide official police towing services;
B. Towing operations when providing consensual towing services at the request of the owner or operator of the motor vehicle;
C. Towing operations when providing towing service exclusively to members of an association, automobile club or similar organization which receives remuneration only from the sponsoring association, automobile club or similar organization. (Ord. 04-012 § 1 (part), 2004)
2.60.050 Compliance with other laws, regulations and ordinances.
None of the provisions of this chapter shall exempt towing operations from compliance with the California Vehicle Code or any other applicable state or federal law or regulation, county or city ordinance. Each tow truck shall meet all state and federal standards for equipment, weight and safety. (Ord. 04-012 § 1 (part), 2004)
2.60.060 Payment of tow and storage charges.
The owner or operator of the towed motor vehicle, not the city, shall pay the towing operation for towing and storage fees and charges. Nothing contained in the chapter is intended to imply that the cost of towing service or storage of motor vehicles is to be charged or assumed by the city. The towing operation shall receive reimbursement for its service separate and apart from the city and its officials unless reimbursement is specifically approved in advance in writing by the San Pablo chief of police or San Pablo city manager. (Ord. 04-012 § 1 (part), 2004)
2.60.070 Maximum rates and charges for towing operations.
Prior to bid, the city council shall adopt a resolution establishing certain maximum standard towing rates, storage charges and other towing operation fees that can be charged by contracting towing operations. The city council shall consider the charges and rates prevalent in the city charged by towing operations for comparable services. (Ord. 04-012 § 1 (part), 2004)
2.60.080 Advertising for bids.
A. The city clerk shall be authorized to advertise for bids by towing operations who seek to contract with the city to provide official police towing services. All persons submitting bids shall be provided by the city clerk with a copy of this ordinance and any city council towing operation fees resolution.
B. In the bid, the applicant shall state whether it will agree to charge fees and charges no greater than the maximum rates established by city council resolution.
C. Additionally, each bid shall state the rates, fees and other charges for the following, when the tow is initiated by a call from the city:
1. The standard tow rate (and any variations in the standard rate for night tows);
2. Impoundment rates for day and night and whether an after-hours release fee is charged;
3. Hourly rates for extended service, based on a twenty minute maximum normal time after arrival at the location for the tow;
4. Daily storage fees and list of other miscellaneous tow operation fees.
D. Bids shall also state the following:
1. Whether the tow operation will provide service calls for the San Pablo police department twenty-four hours a day, including holidays;
2. The tow operation’s daily business hours;
3. The name, title, home address and business address and telephone number of the individual who submits the contract bid on behalf of the tow operation;
4. If the tow operation is a partnership, the name, address and telephone numbers of all partners. If the tow operation is a corporation, the name, address and telephone numbers of the corporation’s chief executive officer and all other corporate officers;
5. The location and description (including VIN number) and tonnage of each tow truck owned and operated by the towing operation available for use within the city;
6. Description of tow dollies and other towing operation equipment maintained by the towing operation;
7. A copy of the tow operation’s current insurance policy or policies which cover the operation of the applicant’s tow trucks and other business equipment for both bodily injury and property damage;
8. Whether the applicant, or any person involved with the applicant has been refused a towing permit or contract or had a towing permit or contract suspended or revoked by this city or any other city;
9. The names and address of the individual designated by the applicant towing operation to receive all city notices including any notice of revocation or cancellation of the official police services contract and tow truck operator’s permit;
10. The extent to which the applicant is willing to offer free or reduced price service for city vehicles. No towing operation or towing service subject to this chapter shall charge the City more than $35 as a flat rate fee for tire changes for city vehicles. Each towing operation or towing service subject to this chapter shall provide up to five (5) free tows per year at the request of the City;
11. A copy of the tow operation’s current permit or certification issued by the California Highway Patrol;
12. Such other information as is required in the notice inviting bids. (Ord. 10-002 § 1, 2010; Ord. 04-012 § 1 (part), 2004)
2.60.090 Selection of official police towing services.
A. After the bid opening, the city clerk shall set a hearing before the city council giving notice of the time so set at least five days before the date of the hearing to all persons submitting bids.
B. In reaching a decision on the selection of towing operations, the city council shall take into account the following:
1. Whether the towing operation applicants can satisfy the insurance, business license, and tow operator permit requirements of this chapter;
2. Whether the applicants are qualified on the basis of prior experience in the towing operation business and financial responsibility;
3. The type and physical condition of the towing equipment and storage facilities. All tow vehicles and equipment must comply with all state or applicable federal requirements;
4. Whether the applicants have a history of prior tow operation permit or contract revocation or cancellation in this city or other cities;
5. Whether the applicants can reasonably conduct an official police towing service which will comply with the requirements of this chapter;
6. Whether the applicants will accept all tows requested by the city, including tows of abandoned or dismantled vehicles and/or tows requiring special equipment.
7. Such other factors from Section 2.60.080 that the council deems appropriate.
C. All approved official police towing services shall enter into an agreement with the city for a period of five years, unless a different duration is established by the chief of police. No fees or rates may be increased during the contract period without approval of the city council. (Ord. 04-012 § 1 (part), 2004)
2.60.100 Business license and permit requirements.
A. A towing operation must have a valid city business license before contracting with the city to provide official police towing services; provided, however, that in accordance with Vehicle Code Section 12111, no business license tax shall be imposed on an individual tow vehicle owner if such owner maintains no fixed place of business in the city, unless such tax is graduated according to gross receipts.
B. A towing operation must respond to a San Pablo police department call using a tow truck driver who is holding a valid city permit as required by this chapter, and any additional tow truck driver permit required by state or federal law. (Ord. 04-012 § 1 (part), 2004)
2.60.110 Tow truck operator’s permit requirements.
No person shall drive or operate any official police towing service tow truck without first obtaining a tow truck operator’s permit from the San Pablo police department. Any person desiring to obtain such permit shall make a written application on a form provided by San Pablo police department to the chief of police accompanied by the police department processing and investigation fee to be established by the city council resolution. The applicant for a tow truck operator’s permit shall be required to be photographed and fingerprinted. No tow truck operator’s permit shall be issued to any person:
A. Under the age of eighteen years;
B. Who does not hold a valid vehicle driver’s license issued by the California Department of Motor Vehicles, and a tow truck driver certificate pursuant to Vehicle Code Section 12520;
C. Who is currently on probation for a driving offense or driving offenses;
D. Who within a five year period immediately preceding such application, has been found guilty, pled guilty or pled nolo contendere to reckless driving or operating a motor vehicle while under the influence of alcoholic beverage, or drug, or combination of alcoholic beverage or drug, or any felony, theft or fraud. The department may access summary criminal history information for these purposes. (Ord. 04-012 § 1 (part), 2004)
2.60.120 Insurance requirements.
A. No tow truck contract between the city and a tow operation shall be valid unless there is at all times in force and effect insurance to do business in California for each and every tow truck owned and/or operated by the towing operation and used for the official police towing service. The tow operation shall provide a certificate of insurance and, if requested, a copy of the actual insurance policy.
B. The minimum insurance liability limits shall be as follows: Commercial general liability insurance on an occurrence basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits of no less than one million dollars per occurrence. If a general aggregate limit applies, then it shall be no less than two million dollars.
C. The city and all its employees shall be added as “additional insureds” under the policy.
D. Every insurance policy required under this section shall extend for the period to be covered by the towing operation’s contract with the city.
E. The towing operation shall give the chief of police thirty days written notice of any insurance cancellation or changes in coverage, and require that its insurer provide a copy of the notice of cancellation directly to the chief of police. Termination of the towing operations insurance policy shall automatically terminate the contract between the city and the tow operation, unless another insurance policy complying with the provisions of this section is provided to the chief of police. (Ord. 2015-004 § 2, 2015; Ord. 10-002 § 2, 2010; Ord. 04-012 § 1 (part), 2004)
2.60.130 Standard rules of operation.
A. There shall be a towing operation attendant on call capable of responding to San Pablo police department requests for towing service twenty-four hours a day, seven days a week, three hundred sixty-five days a year.
B. When it becomes evident that there will be a delay in responding to a San Pablo police department request for towing service, the towing operation’s attendant shall immediately call back the employee of the San Pablo police department who made the towing request. Any response time greater than twenty minutes from the time of calling until a tow truck arrives at the location requested shall constitute “delay” for purposes of this section.
C. An operator’s place of business shall have a sign which clearly identifies it to be a public tow service. Signs listing the business hours and telephone number where persons can call to retrieve their vehicles shall be posted in plain view at the front of the towing operation’s storage facility. All signs and posts must be clearly visible to the public from the street both in the daytime and in the nighttime. An operator’s place of business shall be sufficiently staffed to allow customers to talk face-to-face with a tow company’s owner, manager or employee during normal business hours.
1. “Normal business hours” shall not be less than eight a.m. to five p.m., Monday through Friday, except for the following state recognized holidays: New Year’s Day, Martin Luther King Jr. Day, Labor Day, Presidents’ Day, Cesar Chavez Day, Memorial Day, Independence Day, Columbus Day, Veterans’ Day, Thanksgiving Day, Day after Thanksgiving and Christmas Day (Section 22851(b) CVC).
D. After being dispatched by the San Pablo police department to the scene, the tow truck operator shall cooperate with police officers in removing hazards and illegally parked vehicles as requested. It is the duty of the police officer to determine when such vehicle should be impounded or moved, and the tow truck operator shall abide by the police officer’s decision.
E. Only tow trucks bearing the name of the towing operation called shall be dispatched to the scene without approval of an officer of the San Pablo police department.
F. Vehicles impounded by the police for special investigations, i.e. fingerprints, etc., shall be held in maximum security (under cover and enclosed) until authorization is made by a police officer to terminate use of maximum security. Contents of a vehicle with a police hold shall not be removed. The tow company shall only charge the police department for the initial tow and storage costs up to five days. The tow company shall not charge the police department for storage fees after five days.
G. All vehicles stored or impounded as a result of a tow ordered by the city shall be towed directly to any official storage lot unless the San Pablo police department employee in charge of the vehicle tow, requests that the vehicle be taken to some other location.
H. Storage lots shall be properly fenced, at least six-foot high, to maintain a maximum of security for stored and impounded vehicles. Space under cover and enclosed shall be provided for a minimum of two vehicles.
I. Storage lots for impounded vehicles shall be located within ten miles of the San Pablo police department.
J. All towing operation records involving the San Pablo police department tow requests concerning tow trucks, tow equipment, and storage facilities will be subject to periodic checks by San Pablo police department employees.
K. All official police towing services shall submit a quarterly report to the chief of police which shall include the following:
1. The dates and number of times dispatched by the San Pablo police department;
2. The number of calls resulting in vehicles being stored;
3. The number of vehicles sold in lien sales under the authority of the California Vehicle Code and California Civil Code;
4. The names and addresses of buyers and description of vehicles when sold and the sales price for the vehicle;
5. A list of all current employees.
L. Any garage owed, operated or controlled by the towing operation shall not proceed with any repair work on a vehicle or place any charges against a vehicle unless authorized by the vehicle owner or his designated agent, or such repair is otherwise authorized by law; provided, however, that no repair or dismantling may be done unless otherwise authorized by applicable city ordinances.
M. All owners of the official police towing company and tow truck operators shall conduct their business in an orderly, ethical, businesslike manner and in such manner as to obtain and keep the confidence of the motoring public. As set forth in Vehicle Code Section 22851.12, no such company or operator shall charge any fee for lien-sale preparations where the vehicle has been redeemed prior to 72 hours from the initial storage.
N. All vehicles stored or impounded as a result of a tow ordered by the police department shall be made available at no cost to the owner of the vehicle or his or her representative, any insurance agent, insurance adjustor, or any body shop or car dealer, for the purpose of estimating or appraising damages, except vehicles with a police hold.
O. An official police tow service shall post in a conspicuous place in the interior of each tow truck operated by the tow service and in its place of business, an approved rate schedule in a form and location approved by the chief of police.
P. An official police tow service shall maintain in full force and effect a towing permit/certificate issued by the California Highway Patrol. (Ord. 2015-004 § 1, 2015; Ord. 10-002 §§ 4—6, 2010; Ord. 04-012 § 1 (part), 2004)
2.60.140 Authority to adopt rules and regulations.
The chief of police is authorized to adopt rules and regulations to implement the requirements of this chapter. Upon service on the towing company, such rules and regulations shall have the force and effect of law. The failure to obey the same shall be deemed a violation of the provisions of this chapter for purposes of renewal, suspension, or revocation of a tow truck operator’s permit, and/or the towing operations contract with this city to provide official police towing service. (Ord. 04-012 § 1 (part), 2004)
2.60.150 Grounds for city revocation of contract.
A. Any contract between the city and a tow operation shall be subject to revocation by the city council either as a whole or as to any tow operation, tow truck operator, tow operation attendant, or tow truck described in the notice of revocation for violation of terms of the contract, and/or requirements of this chapter, state or federal law or regulations.
B. The owner or designee of the towing operation, whose name and address appears in the bid application, shall be provided with written notice to appear before the city council. The notice shall specify the grounds for contract revocation or modification. The notice shall be served a minimum of ten days before the city council hearing. Service is effective upon deposit in the U.S. mail.
C. Grounds for revocation or modification of the contract previously approved by the tow operation and the city council include but are not limited to the following:
1. Material breach of any contract provision;
2. Nonpayment of city business license fees or other fees provided in the contract or required by the San Pablo municipal code;
3. Violation of any provision in this chapter;
4. Breach of any regulations governing tow operations prepared by the chief of police;
5. Violation of federal or state statutes regulating towing operations, tow truck drivers and towing operation attendants, including but not limited to Section 22851 of the California Vehicle Code;
6. Exceeding the maximum fees and rates established by city council resolution, or any deviation from the schedules of tow and/or storage rates if set forth in the contract;
7. Failure to maintain a satisfactory level of service or behavior to the police or public including, but not limited to, the following:
a. Two or more repeated failures to respond to a call made after being contacted by the police department,
b. Failure to maintain a tow truck or tow car in safe working condition and good repair,
c. Failure to comply with instruction of the San Pablo police officer, or other city employee in charge at the scene where a tow must be performed,
d. Accidents or damages to city or private property within the city of San Pablo,
e. Refusal to tow abandoned vehicles, including but not limited to RVs, motorhomes and boat trailers.
8. Making false or misleading statements of a material fact in a contract bid application, report, or other documents filed with the San Pablo police department or any other department in this city;
9. The towing operation, its agent or employee, has charged for services not performed, service or equipment not employed, used or needed, or has otherwise materially misstated the nature of any service performed or equipment used;
10. Committing any unlawful or dangerous act while conducting a tow;
11. For any cause which the city council finds makes it contrary to the public interest, convenience, necessity or general welfare for the contract to continue. (Ord. 04-012 § 1 (part), 2004)
2.60.160 Rotation procedure.
The police department shall rotate its requests for towing vehicles in accordance with the following procedure:
A. When a call is made to a tow operation which has the opportunity to tow a vehicle and completes the tow, that tow operation moves to the bottom of the list.
B. Whenever more than one tow truck is needed to respond to a call for service, a separate tow operation shall be called for each truck. Each tow operation called shall be credited with a call and moved to the bottom of the list in the order called.
C. If the San Pablo police department employee is unable to reach the tow operation in first position for a call, or if the tow operation accepts a call and is subsequently unable to respond as required, that tow operator shall be credited with a call and moved to the bottom of the list. (Ord. 04-012 § 1 (part), 2004)
2.60.170 Penalties.
It is unlawful for any person to cause or permit any violation of the provisions of this chapter, or to fail to comply with any of the provisions of this chapter. Any person violating or failing to comply with any of the provisions of this chapter shall be guilty of an infraction, except as set forth in Section 1.08.020 of the San Pablo municipal code. (Ord. 04-012 § 1 (part), 2004)