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HomeMy WebLinkAboutOrd 763-1978 ORDINANCE NO. 76~-78 AN ORDINANCE ESTABLISHING. REGULATIONS.FOR TOW CAR SERVICESAND RELATEDMA1-FERS. THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 1. SHORT TITLE. This Ordinance shall'be known and may be cited as the "Tow Car Service Ordinance". SECTION 2. DEFINITIONS, For the purposes of this Ordinance, the following terms, phrases, words, and their derivations, shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular, number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.. (!) "Business license" is a license issued by the Finance Office upon payment of a tax by an applicant who has successfully obtained ~ ' the necessar~ permits from the rJquired City agencies. (2) "City" is the City of South San Francisco. (3) "Person" is any person, firm, organization, partnership, asso- ciation, corporation or company of any kind. (4) "Tow Car" is a motor vehicle which has been altered or designed and equipped for and exclusively used in the'business of towing vehicles by means of a crane, hoist, to~-bar, towline or dolly, or is Other- wise exclusively used to render assistance to other vehicles (CVC Section 615) and which meets all the equipment standards in the California Vehicle Code. (5) "Tow Car Operator" is a person holding a valid California Driver's License and who has been trained in how to operate a tow car. (6) "Tow Car Permit" is a permit issued-by the Chief of Police in accordance with the provisions of this Ordinance. SECTION 3. PURPOSE OF THIS ORDINANCE. The purpose of this Ordinance is to regulate the operation of tow cars in the City of South San Francisco.in the interest of public safety, welfare, convenience and necessity, and provide for orderly removal of vehicles deemed to be a hazard from public ways and private proper~y. SECTION 4. BUSINESS LICENSE REQUIRED. No. tow car operator'shall engage in business within the City or offer Such service within the City without fi. rst obtaining a permit from 'the Chief of Police, as hereinafter provided. Permits shall be issued for a'period not exceeding one'(l) year SECTION 5. APPLICATION FOR PERMIT, Appl. ications for permits shall be made on a form provided by the Chief of Police, which form shall require the following. . 1. The name, home address and business address of the appli- cant which shall be located within the corporate limits of the City. 2. The location, description and hourly availability of the to~ trucks owned and operated by the applicant. 3. Location and descriptiQn of tow trucks or cars which are equipped in compliance with the Vehicle Code of the State of California, including but not limited to the following: .1 One or more brooms to be used by the driver of the tow truck or tow car to remove all glass and debris.deposited upon the roadway by the disabled vehiCle which'is to b'e towed. .2 A ·shovel to. be used whenever practical to spread dirt upon that portion of'the roadway where oil or grease' has been deposited by the disabled vehicle to be towed. .3 At least one.fire extinguisher of the·dry chemical or carbon dioxide type-with.anaggre§ate rating of at least 4-B,C units and bearing the approval of a laboratory nationally recognized as properly equipped to make' such approval. .4 Flashfng amber warning lamps which ·shall be displayed as may be deemed'advisable to warn approaching drivers during the period of preparation at the location from which a disabled vehicle i.s to be towed, and which may be displayed to the rear when such tow truck is towing a vehicle and moving at a speed slower than the' ~ormal flow of traffic. .5, Displayed .in a conspicuous place on both the r. ight and left' side of a tow truck used to tow vehicles, a sign show~'ng the name Of the company or. the owner or operator of the tow truck.' The sign shall also contain the business address and telephone number of the owner or driver. The letters of the sign shall not be less than 2½ inches in height and the letter- ing shall be in contrast to the color of the background upon which they are placed. .6 The location of a site under the ownership and/or control of the applicant which complies with applicable ordinances of the City of South San Francisco. .7. A copy of the garage keeper's policy, which policy shall cover liability for fire, theft, explosion~ collision and other damage in the minimum amount of Fifty Thousand Dollars ($50,000.00), with each loss deemed a separate claim. 8. A copy of the garage keeper's liabi'lity polic~, which shall cover the operation of the applicant's business, equip- ment and vehicles for bodily injury or property damge. '~he policy limits shall be not less than'One Hundred Thousand Dollars ($100,000.00) for any one person killed or injured, and Three Hundred Thousand Dollars ($300,000.00) for more than one (1) person injured or killed in any one accident, and One Hundred Thousand Dollars ($100,000.00) for damage arising out of injury to .or destruction of property. The Chief of Police may.require an incr6aseof said limits up to and includ- ing Five Hundred Thousand Dollars ($500,%0.00) for anyone (1) person killed or injured and One Million Dollars ($1,000,000.00) for more than bne (1) person killed or injured in any one acci- dent, and Five Hundred Thousand Dollars ($500,000.00) for damage arising out of injury to or destruction of property. 9. A statement of the applicant's capacity to provide twenty-four (24) hour'service a day, including, holidays. SECTION 6. REVIEW BY CHIEF OF POLICE. Within fifteen (15) days after receipt of an application,the Chief of Police shall review ~aid applicatio~ and make any investi- gations necessary regarding the information contained in the application,or any other matters deemed relevant by the Chief of Police, including in- quiries to other City departments and divisions to determine whether the 4. proposed operation, business location, storage site, structures, equipment and personnel meet the requirements of applicable City ordinances and state laws. In addition the Chief of Police shall obtain from the Director of Finance ~dvice as to the applicable business license tax. SECTION 7. PERMITS. The Chief of Police m~y issue a permit if he determines that the applicant's ~roposed operation or operation complies.with the provisions of this Ordinance, applicable City ordinances and laws of the State of California, or may deny a permit if the proposed operation or operation does not so comply. If the Chief of Police issues a perm)t, he shall execute it and forward it to the Director of Finance for collection of the appli- cable business licenSe tax and dellVe~y of the permit to the applicant. The ter~ of the permit shall be for one'"(!) year. If the Chief of Police denies the permit, the applicant may appeal the d~nial as hereinafter set forth. SECTION 8. ROTATIONAL LIST. .~, '.All permittees who are in compliance with the provi~onsof t~is Ordinance, other applicable citY ordinances and laws ofthe State of Calif- ornia, and who are open for .business on a b~enty-four hour basis shall be el- igible for placement on a rotational list to be called by the Police Depart- ment when assistance is needed to remove vehicles. Permittees on such a list shall be subject to the established set of fees which are established annually by the Tow CaF. Advisory Board. Permittees may elect not to be placed on the rotational list. SECTION 9 i~OTATIONAL LIST FEES. The rates to be charged for tow car operation in the City of South San Francisco shall be determined by the Tow Car Advisory Board which shall consist of three {3) members, the same being the Chief of Police, or his (tesignate, a representative of the two truck operators and a third person jointly selected by the Chief .of Police and the representative of the to~ truck operators. The Board shall convene at least three months prior to the end of each calendar year to determine the rates for the next calendar year. The rates established by the Board 'shall then be posted where they are clearly visible, in each of the garage and storage facilities of all members on the rotational list. SECTION lO"j GUIDELINES FOR DETERMINI,~)G RATES. The Board in considering the ·amounts for the towing 'rates shall consider the following: {1) The rates' prevalent in the local community charged by similar operators for comparable service. (2) Whether the call is for day or night service. (3) The road conditions at the time the service is required. (4} Changing more than one wheel on a vehicle. (5) Disconnecting the drive shaft. (6) Use of a cutting torch. {7) Uprighting an'overturned vehicle. (8) Opening a locked vehicle without keys. (9} Securing or removing loose parts. SECTION 11: ~ROCEDURE FOR USE OF THE ROTATIONAL LIST. Except as herein provided, all requests for such tow services shall be ·directed to the Police Department, Communications .Section. The Communi- cations Unit is herewith authorized to dispatch tows from the wrecker -next in order on the rotational'list. If, however, the owner of the vehicle requests a particular tow service or a representative of an auto- mobile assoct~ion to which the owner belongs, the officer shall so direct that request to the Police Department In the event a tOw car does not appear at ~he'Jesignated point of'tow within thirty minutes (30) after the Police Department Communications Unit has notified an official garage to respoQd to a call, the Police Department has the right ~o call another tow car from the towing service next in order on the rotational list..~ Whenever a vehicle is ordered removed by a propertY owner of agent, or ordered stored or impounded by a police officer, he shall, to- gether with the tow operator, complete.an inventory of the personal property in the vehicle on prescribed CHP Form 180 or its equivalent. Ibis]list should include'all accessories that are not standard equipment on the vehicle and al! personal property of any nature which is in PLAIN SIGHT'in or on the vehicle, ihe list shall also include any unusual conditions such as body damage, cracked, or broken glass, flat. tires, etc. If the vehicle cannot be towed in the regular manner, a notatiOn to that effect shall also be made on the inventory form. The form shall be signed by both the officer and the tow truck operator. The above-mentioned form shall be retained by the police officer .7. and then processed by the Police Department, one copy to be fon~arded to the garage owner and one copy to the registered owner of the vehicle. These copies shall be sent within twenty-four (24)hours after the removal of the' vehicle. SECTION 12. PROCEDURES FOR GAINING RELEASE OF A YEHI~LE To regain possession of a vehicle rer,~ved, stored or impounded under the. provisions of this Ordinance, the' Person reclaiming the vehicle shall report or appear at the Police Department, directed to obtain a release fo~ such vehicle from the Police Department and directed to the garage in order to obtain the vehicle Upon presentation of a .police release', t~he garage k'eeper may requi~e suitable identification or credentials to satisfy himself th6.tthe claimnt is-entitled to possession of the .vehij~e. The garage keeper shall there- after be required to release the ve'hicle only after thJ claimant has paid the lawfully accrued charges, signed the police release and surrendered the police release to the garage keeper, except in the following caseg: .1 Where the garaq_~'~eep.=.r has been notified by the Police Department that a "hold" has been placed upon the vehicle; in such case, the vehicle will not be relea~e~ by the garage ' keeper until the police release so indicates that there is no longer a "hold" or the garage keeper has been notified by the Police Department. .2 ~)here there is reasonable cause to believe that the person claiming the vehicl-e is not lawfully entitled to the custody thereof; in such ca.se, the garage keeper may require such person to obtain additional information on the police release from the Police Department. .3 Where the person claiming the vehicle refuses to pay the lawful-ly accrued charges, refuses to sign the police release 'or refuses to make proper identification of themselves or of their rights to custody of the vehicle. '4 The garage.keeper shall-obtain and record all pertinent information required of the release form for each vehicle placed Jn their custody, as a result of police activity. On the date the vehicle is released, the garage keeper shall complete the copies of the release form, keep one copy fdr. his own purpose and reference, and shall forward a copy by mail to the Police Department. - .5 The owner of the vehicle.before signing the release shall compare .the condition of the car with that listed on the in- ventory completed by the police officer and the tow truck operator. Any discrepancies between the list and t~he actual condition of the vehi'cle shall be noted on the form. .6 The tow truck operators agree to be liable for damage- done to the vehicle after the vehicle is in the hands of the tow truck operator, and the tow operators agree that any damage to the vehicles while tn their care will be a matter solely between the tow truck operator and the owner of the vehicle. .7 !.lhenever any vehicle removed and ~mpounded by this Ordinance. is not reclaimed after ten (10) days, the garage keeper shall im~nediately notify the Police Department of such fact, giving said Police Department all accurate information regarding such towed vehicle necessary for correct identification. All garages and garage keepers shall abide by the provisions of Section 10652 of the Vehicle Code, State of California, by notifying the Department of California Highway Patrol in the man- ner prescribed therein when~vera vehicle has been stored in the garage for thirty (30} days. '. SECTION 1..3. CHARGING IH EXCESS OF THE FEE SCHEDULE. AnY wrecker or tow truck operator, ~ho in response to a police call charges more than the posted rate for his s~rvic6 '"may be suspended.' from the rotational list for thirty (30) days and the owner of such ~ehicIe shall not be liable for any amount in excess of the posted rate. SECTION I~-$OLICITATION OF TOW SERVICES AND PARKING OF TOW VEHICLES AT THE SCENE OF AN ACCIDENT. (1) No wrecker or other person shall at the location of any vehicular accident, collision or other catastronhe or calamity, solicit or offer the sale of any tow service. (2) .No'wrecker or other ~erson shall park a vehicle equipped for use as a tow truck within five hundred (5QO) feet of the location of any vehicular accident, Collision or other catastrophe 9xcept under the direction or per- mission of the Chief of Police, or his officers, or other duly authorized law enforcement officers, at the scene of said accident, collision or cat- astrophe. (3) The prohibition ~ontained inthis section and subsections thereof shall apply from the time of the happening of the accident,collision or other catastrophe or calamity until a reasonable time thereafter, and at all times while law enforcement officers, public health officials, emergency lO. personnel and other persons discharging duties imposed by law are actively engaged tn the performance of duty at the location of said occurrence. SECTIOn( 15. SUSPEt;SIO)I OR REVOCATION. The Chief of Police may suspend or revoke a permit. (1) Suspension. If the Chief of Police determines that the permittee has failed to comply with .the terms'of the permit or the provisions of this Ordinance; or other applicable City ordinances or applicable provi- sions of the laws of the State of California, he may suspend the permit, which suspension may be appealed by the permittee.as' hereinafter set forth. The suspension shall be for a period of not exceeding thirty. (30) days, except that the Chief of Police may reasonably extend the period of suspen- sion pending permittee's performance of the necessary acts to comply with the provisions of this Ordinance, 'Or'other applicable City ordinances or laws of the State. of California. Ten (10) days prior to the issuance .of an' order suspending the permit, the Chief of Police shall give the. permittee written notice of intention to suspend and recite therein tI~e reasons for said suspension. Said notice shall provide that permittee may appear before the Chief of Police to sho~ cause why said permi.t should not be suspended. (2) Revocation. If the Chief of Police determines that the permittee has failed to comply with the terms of the permit or the provisions of this Ordinance or other applicable City ordinances or applicable provisions of the laws of the State of California, he may revoke the permit, which revocation may be appealed by the permittee, as hereinafter set forth. Ten {10) days prior to the issuance of an order revoking the permit, the Chief of Police shall give the permittee written notice of intention to revoke and recite therein the reasons for said proposed revocation. Said notice shall provide that permittee may appear before the Chief of P~lice to show cause why the permit should not be revoked, SECTION 16. APPEALS. Permittee may appeal suspension or revocation of the pemit by fil- 'lng a written notice of'appeal with the City Manager ten {1~) days after receipt of an order of suspension or r~ocation from the Chief of Police. City ).;anage? shall' Oid"a he~rin~ within fifteen {15} Jays, -hich time may be reasonably extended, and give notice thereof to permittee and the Chief of Police. The Chief of Police and permittee may appear at said hearing and present any informational evidence deemed relevant. After '~ompletion of the hearing, the City ~anager shall make a determination within a reasonable time affirming, overruling or modifying the suspension o~evocation order. SECTION 17. PENALTIES. Any person violating a provision of this Ordinance or failing to comply with a mandatory requirement of this Ordinance shall be guilty of an infraction and.upon conviction such person shall be punishable by a fine of not less than Fifty Dollars ($50.00} and not exceeding Five ~undred Dollars {S500.00) , SECTION 18. SEPARABILITY If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance, as the City Council declares that it would have passed this ordinance and each section,subsection, sentence, clause or phrase thereof, .12 irrespective of the fact that any one or more other sections,.subsections, sentences, clauses or phrases be declared invalid or unconstitutional. SECTION 19. ORDINANCES REPEALED. Section No. 372 entitl'ed "An Ordinance of the City of South San Francisco prohibiting solicitation by t~w car operators and other persons at the scene of highway accidents, disasters,.or other happenings resulting in injury or damage to persons or property" and ~o. 482 entitled "An Ordinance licensing and regulating vehicle wrecker or towing service' requirin~ in- surance policies to protect the public; providing for investi§ation and supervision by the Chief of Police; setting forth duties of licensees; providing for revocation of licenses; and prescribing penalties for the violation of its provis~ns" are hereby repealed SECTION 20. PUBLICATION AND EFFECTIVE DATE. This:Ordinance shall be published once in the Enterprise-Journal a newspaper of general circulation in the City of South San Francisco, as required by law, .and shall become effective thirty (30) days from and. after its adoption. Introduced this3rdday of ~a~ , 1978. Passed and adopted as an Ordinance of the City of South San Francisco at a ~e~Fula~ meeting of the City Council of the City of South San Francisco this 17th day of ~a~ , 1978, by the 13' following vote: AYES: NOES: ABSENT: Councilmen Ronald G. Acosta, William A. Borba, Emanuele N. Da~onte and Terry J. Mirri, Councilwoman Roberta Cerri Teglia None None ATTEST: City Clerk As Mayor of the City of South San Francisco I do hereby approve the foregoing Ordinance thisl7t__~day of May , 1978. ayor 14