Chapter 10.40
POLICE DEPARTMENT INITIATED TOWING SERVICES Revised 9/22
Sections:
10.40.010 Purpose. Revised 9/22
10.40.020 Definitions. Revised 9/22
10.40.030 Unlawful solicitation and services. Revised 9/22
10.40.040 Police towing services agreements. Revised 9/22
10.40.050 Adoption of rules and regulations. Revised 9/22
10.40.060 Fees—Establishment of maximum rates. Revised 9/22
10.40.070 Violation—Penalty. Revised 9/22
10.40.010 Purpose. Revised 9/22
It is the intent of this chapter to prescribe the basic regulations for the operation of police initiated towing services to remove illegally parked vehicles, remove vehicles that are apparently abandoned, wrecked, dismantled, or inoperative that constitute a public nuisance, remove vehicles needed for safekeeping or evidentiary purposes, and to remove vehicles involved in an accident or that constitute an obstruction to traffic because of mechanical failure. This chapter is also intended to insure that the best possible towing operators are selected to participate in the city’s rotational tow program to assist the police department in conducting efficient police investigations and provide the citizens of Winters with prompt, safe and comprehensive towing services. 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. 2022-06 § 1)
10.40.020 Definitions. Revised 9/22
For purposes of this chapter, the following terms shall have the meanings set forth in this section:
“City manager” means the city manager of the city of Winters or designee.
“Police chief” means the police chief of the city of Winters or designee.
“Police towing” means towing of vehicles to impound or to other locations and the storage of such vehicles as ordered and designated by authorized members of the Winters police department, including, but not limited to, tows initiated by the police department at the request of members of the public.
“Police towing services agreement” means an agreement to provide police towing services approved pursuant to this chapter.
“Tow service operator” means any person who has a current police towing services agreement with the city. (Ord. 2022-06 § 1)
10.40.030 Unlawful solicitation and services. Revised 9/22
No person shall solicit or provide police towing services unless pursuant to and in compliance with all terms and conditions of a police towing services agreement that has been approved pursuant to this chapter. (Ord. 2022-06 § 1)
10.40.040 Police towing services agreements. Revised 9/22
A. The city manager shall have the authority to enter into police towing services agreements with no more than five qualified towing service operators on such terms and conditions that are consistent with this chapter and any regulations adopted pursuant to Section 10.40.050 as he or she deems necessary to protect the public health, safety, and welfare. Without limitation, all police towing services agreements shall provide as follows:
1. All police towing services agreements shall require the tow service operator to provide on-call police towing services on a rotational basis. The police chief shall establish a rotation system that allows every tow operator a reasonably similar opportunity.
2. All police towing services agreements shall run concurrently and on substantially the same material terms and conditions for a period designated by such agreements until earlier terminated pursuant to the terms thereto or as provided by this chapter or any regulations adopted pursuant to Section 10.40.050.
3. All police towing services agreements shall require the tow service operator to indemnify, defend, and hold harmless the city against and from any and all claims or suits for damages or injury arising from the operator’s performance pursuant to the agreement and this chapter.
4. All police towing services agreements shall prohibit the tow service operator from charging more than the maximum rates established pursuant to this chapter.
B. All persons wishing to enter into a police towing services agreement with the city shall submit a written application on a form specified by the city manager and include such information as the city manager deems necessary to determine the applicant’s qualifications. The city manager, upon the recommendation of the police chief, is authorized to approve police towing services agreements based on compliance with this chapter and any regulations adopted pursuant to Section 10.40.050. The city manager shall provide written notice to all applicants as to whether their applications have been approved or denied. (Ord. 2022-06 § 1)
10.40.050 Adoption of rules and regulations. Revised 9/22
The police chief shall adopt rules and regulations applicable to the administration of this chapter, the selection of tow service operators to provide police towing services, and the duties and procedures with which towing service operators must comply while providing police towing services pursuant to this chapter. (Ord. 2022-06 § 1)
10.40.060 Fees—Establishment of maximum rates. Revised 9/22
The police chief shall determine the maximum chargeable fees and rates charged to the owner of the towed vehicle for police towing services after reviewing the rates allowed in neighboring communities and operating data supplied by operators. The police chief may from time to time review the fees and modify them as necessary to comply with this section. For towing services provided under this chapter, the operator shall charge no more than the rate fixed by the police chief. The tow service operator shall maintain the business records of all rates charged and collected for towing services for a period of four years. (Ord. 2022-06 § 1)
10.40.070 Violation—Penalty. Revised 9/22
Any tow service operator or officer, official, employee, or agent thereof who violates any provision of this chapter shall be guilty of a misdemeanor. (Ord. 2022-06 § 1)