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HomeMy WebLinkAboutOrd 995-1985ORDINANCE NO. 995-85 AN ORDINANCE REPEALING CHAPTER 6.64 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND ORDINANCE NOS. 763 AND 841 ENTITLED "TOW CAR SERVICES" AND ADDING CHAPTER 6.64 ENTITLED "TOW CAR SERVICES REGULATED". THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 1. CHAPTER 6.64 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND ORDINANCE NO'S. 763 AND 841 REPEALED Chapter 6.64 of the South San Francisco Municipal Code and the following ordinances are hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or omitted In violation of said chapter or ordinances prior to the effective date of this ordinance: ORDINANCE NO. 763 - An Ordinance Estabilshlng Regulations for Tow Car Services and Related Matters. ORDINANCE NO. 841 - An Ordinance amending Ordinance No. 763, entitled "An Ordinance Establishing Regulations for Tow Car Services and Related Matters". SECTION 2. CHAPTER 6.64 ENTITLED "TOW CAR SERVICES REGULATED" ADDED There ls hereby added to the South San Francisco Munlclpal Code Chapter 6.64 which shall read as follows: Sections: 6.64.010 6.64.020 6o64.030 6.64.040 6.64°050 6.64.060 6.64.070 6.64.080 6.64.090 "Chapter 6.64 TOW CAR SERVICES REGULATED * Deflnltlons. Purpose of provisions. Permit--Required. Permit--Application. Permit Application Review--Action of Chief of Police Permit--Issuance. Denial of Permlt. Rotatlonal list for police department assistance. Use of rotational list. For statutory provisions allowing local authorities to license and regulate the operation of tow car services, see Veh. Code §21100. 6.64.1 O0 6.64.110 6 o 64.120 6.64.130 6.64.140 6.64.150 6.64.160 6.64.170 6.64.180 6.64.190 6.64.010 Towing rates--Tow Advisory Board. Towing rates--Establishment guidelines. Removal from private property-Notlflcatlon. Procedure for release of Impounded vehicle. Charges in excess of fee schedule. Solicitation by tow services at accidents prohlblted. Permit--Suspension or revocation. Additional grounds for suspension or revocation. Appeals. Penalty for vlolation. Definitions. For the purposes of this chapter the following terms, phrases, words, and their derivations, shall have the meanings given In this sec- tlon. 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. (a) "Automobile dlsmantler's tow vehicle" means a tow vehicle which Is regis- tered by an automobile dlsmantler licensed pursuant to Section 11500, et seq. of the Callfornla Vehicle Code and whlch Is used exclusively to tow vehicles owned by that automobile dismantler In the course of the automobile dismantling business. (b) "Business license" means a Itcense Issued by the Finance office upon payment of tax by an applicant who has first obtatned the necessary permits from the required city agencies. (c) "Tow car" means 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, holst, towbar, towline or dolly, or Is otherwise exclu- sively used to render assistance to other vehlcles. "Tow Car" does not Include an automobile dlsmantter's tow vehicle licensed under Section 11505 of the California Vehicle Code or any tow car operated by a repossessing agency licensed under Section 7500 of the Callfornla Business and Professlons Code. --2-- (d) "Tow car operator" means a person holding a valid California driver's license and who has been trained In how to operate a tow car. (e) "Tow car permit" Is a permit Issued by the Chief of Police In accord- ance with the provisions of this chapter. 6.64.020 Purpose of provisions. The purpose of this chapter Is to regulate the operation of tow cars In this city In the interest of public safety, welfare, convenience and necesslty, and to provide for orderly removal of vehicles from public ways and private property as authorized by Callfornla Vehicle Code Section 2110. 6.64.030 Permit--Required. No person whose prlnclpal place of business Is within this city shall engage In the business of operating a tow car within the ctty or offer such services within the city wlthout first obtalnlng a permit from the Chief of Police, as provided In thls chapter, and then obtainlng a busi- ness license from the Finance Department. Permits shall be Issued for a period not exceeding one (1) year. 6.64.040 Permlt--Appllcatlon. Appllcatlons for permits shall be accompanied by a receipt showing that the appllcant has paid to the Dlrector of Finance a nonrefundable processing fee as set forth In the Master Fee Schedule of the city, adopted by resolution of the City Council, and shall be on a form provided by the Chlef of Police, which shall requtre, but not be llmlted to, the following: (a) The name, home address and business address and telephone number of the applicant; (b) If the applicant Is a partnership or corporation, the Identity, address and telephone number of all partners, directors, officers or other associates having a financial Interest In the business for which an applica- tion Is made; (c) The location, description (Including VIN), and hourly availability of the tow cars owned and operated by the applicant; --3-- (d) Location and descrlptlon (tncludlng VIN) of tow cars which are equipped In compliance wtth the Vehlcl§ode 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 car to remove all glass and debris deposited upon the roadway by the dlsabled vehicle which ts to be towed; (2) A shovel to be used whenever practlcal to spread dirt upon that portion of the roadway where oli or grease has been deposited by the dlsabled vehicle to be towed; (3) At least one fire extlngulsher of the dry chemlcal or carbon dioxide type with an aggregate rating of at least 4-B, C units and bearing the approval of a laboratory nationally recognized as properly equlpped to make such approval; (4) Flashlng amber warning lamps which shall be displayed as may be deemed advisable to warn approaching drivers during the period of prepara- tion at the location from which a disabled vehicle Is to be towed, and which may be displayed to the rear when such tow car is towing a vehicle and mov- Ing at a speed slower than the normal flow of traffic; (5) Dlsplayed In a conspicuous place on both the right and left side of a tow car used to tow vehicles shall be a sign showing the name of the company or the owner or operator of the tow car; the sign shall also con- tain the business address and telephone number of the owner or driver. The letters of the sign shall not be less than two and one-half (2-1/2") Inches In height and the letterlng shall be In contrast to the color of the background upon which they are placed; --4-- (e) The Iocatlon of a slte for operation of the business under the ownership nnd/or control of the applicant which complies with applicable ordlnances of the city In which It Is located; (f) A copy of the garage keeper's Insurance policy, which policy shall cover Ilablllty amount of Fifty Thousand ($50,000) Dollars, with each loss deemed a separate claim; (g) A copy of a currenllty insurance policy, which shall cover the operation of the applicant's business, equipment and vehicles for bodily Injury or property damage. The policy limits shall be not less than Five Hundred Thousand Dollars ($500,000) for any one person killed or lnjured~ and One Million Dollars ($1,000,000) for more than one person Injured or killed In any one accident, and Five Hundred Thousand Dollars ($500,000) for damage arising out of Injury to or destruction of property. The aggregate amount of such Insurance shall be not less than One Million Five Hundred Thousand Dollars ($1,500,000.); (h) A statement of the applicant's capacity to provide service twenty-four hours a day, Including holidays. 6.64.050 Permit Application Review--Action of Chlef of Police. (a) Upon receipt of an application for a tow car permit, the Chief of Police shall cause such application to be reviewed to determine whether or not It ls complete. If the application does not contain all of the required Information, It shall be returned to the applicant for completion. (b) When an application has been submitted and ls determined to be complete, the Chief of Police shall cause an Investigation to be made Into the background of the applicant and the Information contalned In the application, and shall re- tain a written report of the results of that Investigation. --5-- (c) The Chief of Police shall either grant or deny the application for a tow permit within thtrty (30) days after said appllcatlon Is accepted by him as complete. The Chief of Police shall provlde the applicant with written notice of his decision by placing same In the U.S. Mall, certlfled, return recelpt requested, postage prepaid. 6.64.060 Permit-Issuance. The Chief of Police may Issue a permit If he determlnes that the applicant's proposed operation or current operation complies with the provisions of this chapter, applicable clty ordinances, and laws of the state, or shall deny a permit if the proposed operation or current operation does not so comply. If the Chief of Police Issues a permit, he shall execute It and forward It to the Dlrector of Finance for Issuance of a buslness tlcense and delivery of the permit to the applicant. The term of the permit shall be for one (1) year. If the Chlef of Police denies the permlt, the applicant may appeal the denlal as set forth In this chapter. 6.64.070 Denial of Permit. The Chief of Police shall revlew the lnvestl- gatlon and shall deny the permlt If: (a) The applicant has previously been convicted of a felony or any offense Involving the use of force or violence upon the person of another or any offense lnvolvlng grand theft, embezzlement or moral turpitude; or (b) The applicant Is a person under the age of eighteen (18) years; or (c) The applicant, his agent or employee, or any person connected or associated with the applicant as partner, director, officer, stockholder, associate, or manager has committed or aided or abetted In the commission of any act or act of omission which If committed by a permittee would be grounds for suspension or revocation of a permit; or (d) The appllcant, his agent or employee, or any person connected or associated with the applicant as partner, director, officer, stockholder, associate or manager has had a permit revoked or has been an officer, director, member, partner or manager of any business which has had a permit revoked. 6.64.080 Rotational list for police department assistance. All per- mittees who are In compliance with the provlslons of this chapter, other applicable city ordinances, the laws of this state, and the rules estab- llshed pursuant to Section 6.64.085 below, and who are open for business on a twenty-four hour basis, shall be eligible for placement on a rota- tional list to be called by the Police Department when assistance Is needed to remove vehicles. Permlttees on such a list shall at all times be subject to the schedule of fees which are established annually by the Tow Car Advisory Board. Permlttees may elect not to be placed on the rotatlonal llst. 6.64.085 Authorization to establish procedural rules for governing placement and use of rotational list. The Chief of Police shall establish in wrltlng, reasonable rules and regulations governing the actual placement of tow car permlttees on the rotational list and the procedure to be followed In using the list for Poltce originated requests for tow services. Said rules and regulations shall be given to each tow car permlt applicant and printed coples shall be available at no cost to the public. 6.64.090 Use of rotational Ilst. (a) Except as herein provided, all Police originated requests for such tow services shall be directed to the Police Department, Communlcatlons Division. The Communications Dlvlslon Is authorized to dispatch tows from the tow car operator next In order on the rotational list. If, however, the owner of the vehicle requests a particular tow service or a representative of an automobile association to which the owner belongs, the officer shall so direct that request to the Police Department, Communications Division. -7- (b) In the event a tow car does not appear at the deslgnated point of tow within thirty (30) minutes after the Police Department Communications Division has notified a business to respond to a call, the Police Department has the right to call another tow car from the towing service next In order on the rota- tional list. 6.64.100 Towln~ rates--Tow car advlsgry board. (a) The rates to be charged for tow car operatlon listed on the rotational list shall be determined by the Tow Car Advisory Board which shall consist of three (3) members, as follows: The Chief of Police or his designate, a represen- tative of the tow car operators, and a thlrd person jolntly selected by the Chief of Police and the representative of the tow car operators. (b) The board shall hold its regular meeting once a year on the flrst Mon- day In the month of October, at two p.m., in the Community Room of the Municipal Services Building, 33 Arroyo Drive, South San Franclsco, California, to determine the tow car rates for the next calendar year. Except In the case of necessity or emergency, two (2) board members may designate an alternate meeting place wlthln the corporate Ilmlts of the city with legal notice thereof to be glven at least twenty-four hours prior to the ttme of said meeting. Notice of ali meetings, except regular meetings, shall be served on each board member and on each person who has requested notice In wrlttng of such meetings, at least twenty-four hours prior to the time speclfled for the proposed meeting, and said notlce shall comply with the Ralph M. Brown Act (commencing at Government Code §54950). (c) The rates established by the board shall be posted and displayed so that they are clearly vlstble to customers In each of the garage and storage facllltles of all permlttees on the rotational list. --8-- 6.64.110 Towing rates--Establishment guldellne. The board, In conslder- lng the amount for the towing rates, shall consider the following: (a) The rates prevalent In the local community charged by similar operators for comparable services; (b) Whether the call is for day or night service; (c) The road conditions at the time the service Is required; (d) Changing more than one wheel on a vehicle; (e) Disconnecting the drive shaft; (f) Use of a cutting torch; (g) Uprlghtlng an overturned vehicle; (h) Opening a locked vehicle without keys; (I) Securing or removlng loose parts. 6.64.120 Removal from private property--Notification of Police. (a) The permlttee and his tow car operator shall ensure that the South San Francisco Police Department is notified of any Illegally parked vehicles which It removes from private property at the request of the owner or person In lawful possession of the private property on which the vehlcle is located pursuant to Callfornla Vehicle Code Sectton 22658 prior to the tow car oper- ator removtng the vehicle. 6.64.130 Procedure for release of Impounded vehicle. (a) To regain possession of a vehicle removed, stored, or Impounded under the provisions of thls chapter, the person reclalmlng the vehicle shall report or appear at the Police Department to obtain a release form for such vehicle. (b) Upon presentation of a completed police release form, the garage keeper may require suitable Identification or credentials to satisfy himself --9-- that the claimant Is entitled to possession of the vehicle. The garage keeper shall thereafter be requlred to release the vehicle only after the claimant has paid the lawfully accrued charges, signed the police release form and surrendered the police release form to the garage keeper, except In the following cases: (1) Where the garage keeper has been notified by the Police Depart- ment that a hold has been placed upon the vehicle, the vehicle shall not be released by the garage keeper unless the police release form Indicates that there Is no longer a hold or the garage keeper has been otherwise notlfled by the Police Department; (2) Where there Is reasonable cause to believe that the person claim- lng the vehicle Is not lawfully entitled to the custody thereof, the vehicle shall not be released untll direct Police authorization Is obtained° (3) Where the person claiming the vehicle refuses to pay the lawfully accrued charges, refuses to sign the police release, or refuses to make proper ldentlflcatlon of themselves or of their right to custody of the Yehlcle; (c) The garage keeper shall obtaln and record all pertinent Information required on the release form for each vehicle placed in his custody as a result of police actlvlty. On the date the vehicle Is released, the garage keeper shall complete the copies of the release form, keep one copy for his own pur- poses and reference, and shall forward a copy by mail to the Police Department; (d) The owner or operator of the vehicle, before signing the release, shall compare the condition of the car with that Ilsted on the inventory completed by the police officer and the tow car operator. Any discrepancies between the llst and the actual condition of the vehicle shall be noted on the form prior to release of the vehlcle and the discrepancies reported to the Police Department by the tow car operator as soon as possible. -10- (e) Whenever any vehicle removed and Impounded by fhls chapfer Is no± reclaimed after Ten (10) days, The garage keeper shall ImmediaTely notify The Police Department of such fact, giving the Po'llce Department all accurate formation regarding such Towed vehicle necessary for correct IdentificaTion; (f) 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 manner prescribed Therein whenever a vehicle has been stored In The garage for Thirty (30) days. 6.64.140 Charges In excess of fee schedule. Any Tow car operator who, In response To a police call, charges more than The posted rate for his ser- vice may be suspended from The roTaTional list for ThirTy (30) days and The owner of such vehicle shall not be liable for any amount in excess of The posted rate. 6.64.150 SoliciTaTion by Tow services aT accidents prohibited. (a) No Tow car operator or other person shall, aT The location of any vehicular accident, collision, or other caTasTrophe or calamity, solicit or offer the sale of any Tow service. (b) No Tow car operator or other person shall park a vehicle equipped for use as a Tow car within five hundred (500') feet of The location of any vehicular accidenT, or collision, or other caTasTrophe except under The direc- Tion or permission of The Chief of Police or bls officers or other duly auThor- Ized law enforcement officers, aT The scene of said accidenT, collision, or caTasTrophe. (c) The prohibition contained In This section and subsections Thereof shall apply from the tlme of the happening of the accident , collision or other caTasTrophe or calamity until a reasonable Time ThereafTer, and aT ali Times -11- while law enforcement officers, public health officials, emergency personnel and other persons discharging duties imposed by law are actively engaged In +he performance of duty at the location of said occurrence. 6.64.160 Permit--Suspension or revocation. (a) Suspension. If the Chief of Police de+ermines +hat +he permlt+ee has falled to comply with +he +erms of the permit or +he provisions of +his chapter, or other applicable city ordinances or applicable provisions of the laws of the state, he may suspend +he permit, which suspension may be appealed by the per- mi+tee as set forth In Sec+lon 6.64.180. 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 suspension pending permlt+ee's performance of the necessary acts to comply wl+h +he provisions of this chap+er or other applicable ci+y ordinances or laws of the state. Ten (10) days prior +o +he Issuance of an order suspending +he permit, the Chief of Police shall give +he permlttee wrl+ten notice of Intention to suspend and recite +herein +he reasons for the suspension. The no+ice shall provide that the permlttee may appear before the Chief of Police +o show cause why the perml+ should not be suspended. (b) Revoca+lon. If the Chief of Police determines that +he perml+tee has failed +o comply with +he +erms of +he permit or the provisions of this chapter or other applicable city ordinances or applicable provlslons of the laws of +he state, he may revoke the permi+, which revocation may be appealed by the permittee, as se+ for+h in Sectlon 6.64.180. Ten (10) days prior +o +he Issuance of an order revoking the permit, +he Chief of Police shall give the permlt+ee wrlt+en notice of intention +o revoke and recite therein +he reasons for +he proposed revocation. The notlce shall provide +ha+ permit+ee may appear before the Chief of Police to show cause why the permit should not be revoked. -12- 6o64o170 Grounds for suspension or revocation. It shall be grounds for suspension or revocation of a permit If any permittee, bls agent or employee or any person connected or associated with the permlttee as partner, director, officer, stockholder, general manager, or person who is exercising managerial authority of or on behalf of the permlttee has: (a) Knowingly made any false, misleading or fraudulent statement of a material fact In an application for a permit, or In any report or record re- quired to be flied wlth the Police Department; or (b) Violated any provision of this chapter or of any statute relating to his permitted activity; or Failed to obtain a current, valid license to do business In the city; (c) or (d) ment; or (e) (f) Been convicted of a felony or any crime Involving theft or embezzle- Committed any act constituting dishonesty or fraud; or Committed any unlawful, false, fraudulent, deceptive or dangerous act whlle conducting a towing operation business; or (g) Published, uttered or disseminated any false, deceptive or misleading statements or advertisements In connection with the operation of the towing service; or (h) Violated any rule or regulation adopted by the City Council relating to permlttee's business; or (I) Wllfutly failed to comply with the terms of any contract made as a part of the exercise of the towing operation; or -13- (j) Conducted the towing operation in a manner contrary to the peace, health, safety and general welfare of the public; or (k) Demonstrated that he is unfit to be trusted with the privileges granted by such permit; or (!) The permittee, his agents or employees, obtained a tow contract by use of fraud, trick, dishonesty or forgery; or (m) The permlttee, his agents or employees, towed a vehicle to a location other than listed as the business address of such permlttee without first re- ceiving authorization to do so by the person authorizing the tow; or (n) The permlttee, his agents or employees, after towing a vehicle to the business location of permlttee, without authorlzatlon, towed such vehicle to another location for storage; or (o) The permlttee, his agents or employees, have conspired with any person to defraud any owner of any vehicle, or any insurance company, or any other person financially Interested In the cost of the towing or storage of any vehicle, by making false or deceptive statements relating to the towing or storage of any vehicle; or (p) The Permlttee, his agents or employees, removed a vehicle involved In a collision prior to arrival of police, and a person Included in the accident was under the Influence of an Intoxicant of any nature, or a person, as a re- sult of such collision, suffered death or injury, or there Is evidence that such vehlcle was Involved In a hit-and-run collision or as a result of such colllslon property damage In excess of One Thousand Dollars ($1,000.00) was Incurred; or (q) The Permlttee, his agents or employees, have charged for services not performed, equlpment not employed or used, services or equipment not needed, or have been otherwise materially misstated the nature of any service performed or equipment used; or -14- (r) The Permittee, his agents or employees, have violated the rules and regulations established by the Chief of Police pursuant to Section 6.64.085 of this Chapter. 6.64.180 Appeals. (a) The permlttee may appeal the denial, suspension or revocation of a permit by filing a written notice of appeal with the City Manager wlthln ten (10) days after recelpt of an order of suspension or revocation from the Chief of Police. (b) Upon receipt of said written notice of appeal, the City Manager shall set a date for hearing said appeal, which date shall be within twenty (20) days after receipt of appellant's notice of appeal. The City Manager, or his designee, shall conduct the hearing on the appeal. Written notice of the time and place of the hearing shall be given to the appellant at least ten (10) days prior to said hearing by placing same In the U.S. Mall, postage prepaid, certi- fied return receipt requested. (c) Hearings on appeals from denial of tow car permits shall be conducted Informally and need not be conducted according to technical rules relating to evidence and witnesses. The Chief of Police and the permlttee may appear at the hearing. Any relevant Information shall be considered If it is the sort of information on which responsible persons are accustomed to rely in the con- duct of serious affairs. (d) Hearings on appeals from suspension or revocation of tow car permits shall be conducted in accordance with the guidelines set forth In subsection (c) above, except that sworn testimony shall be taken and a transcript made of the proceedings. -15- (e) The City Manager or hls designee shall render hls decision within thirty (30) days after the date of the hearing. Said decision shall be final and no appeal may be taken to the City Council. 6.64.190 Penalty for violation. Any person violating a provision of this chapter or failing to comply with a mandatory requirement of this chapter Is guilty of a misdemeanor and, upon conviction, such person shall be punished as provided In Chapter 1.24 of this Code. SECTION 3. SEVERABILITY. 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 or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that It would have adopted this Ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. SECTION 4. PUBLICATION. Pursuant to the provisions of Government Code Section 36933, a Summary of this Ordinance shall be prepared by the City Attorney. At least flve (5) days prior to the Council meeting at which this Ordlnance is scheduled to be adopted, the City Clerk shall (1) publish the summary, and (2) post In the City Clerk's Office a certified copy of thls Ordinance. Within fifteen (15) days after the adoptlon of this Ordinance, the City Clerk shall (1) publish the Summary, and (2) post In the Clty Clerk's Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. -16- SECTION 5. EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days from and after its adoption. Introduced this 27th day of November 19 85 Passed and adopted as an Ordinance of the City of South San Francisco at a reqular meeting of the City Council of the City of South San Francisco this 11th day of December , 19_85 , by the following vote: AYES: Councilmembers Mark N. Addiego, John "Jack" Drago, Richard A. Haffey, Gus Nic01opulos; and Roberta Cerri Teqlia NOES: ABSENT: None None Clty Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance thls 11th day of -17-