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HomeMy WebLinkAboutOrd 1160-1995ORDINANCE NO. 1160-95 AN ORDINANCE ANENDING CHAPTER 6.64 OF THE SOOTH SAN FRANCISCO MUNICIPAL CODE - TOW VEHICLE SERVICES REGULATED THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 6.64 Municipal Code is hereby amended, follows: of the South San Francisco in its entirety, to read as "Chapter 6.64 Sections: 6.64.010 6.64.020 6.64.030 6.64.040 6.64.050 6.64.060 6.64.070 6.64.080 6.64.085 6.64.090 6.64.100 6.64.110 6.64.120 6.64.130 6.64.140 6.64.150 6.64.160 6.64.170 6.64.180 6.64.190 6.64.200 6.64.210 6.64. 220 6.64.230 6.64.240 6.64.250 Definitions. Purpose of provisions. Permit - Required. Permit - Application. Permit Application Review - Action of Chief of Police. Permit - Issuance. Denial of Permit. Rotational list for police department assistance. Authorization to establish procedures for tow services and for governing placement and use of rotational list. Use of rotational list. Towing rates. Towing rates - Establishment guideline. Removal from private property - Notification of Police. Procedure for release of vehicles. Charges in excess of fee schedule. Solicitation by tow services at accidents prohibited. Permit - Suspension or revocation. Grounds for suspension or revocation. Tow Vehicle Operator's Permit - Required. Tow Vehicle Operator's Permit - Application. Tow Vehicle Operator's Permit - Grounds for Refusal. Tow Vehicle Operator's Permit - Contents, Display, Cancellation. Tow Vehicle Operator's Permit - Term. Suspension or Revocation. Appeals. Penalty. 6.64.010 Definitions. CENTRAl.. R£CORO~ For the purposes of this chapter the following terms, phrases, words, and their derivations, shall have the meanings given in this section. 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 discretionary. (a) "Automobile dismantler's tow vehicle" means a tow vehicle which is registered by an automobile dismantler licensed pursuant to Section 11500, et seq. of the California Vehicle Code and which is used exclusively to tow vehicles owned by the automobile dismantler in the course of the automobile dismantling business. (b) "Business license" means a license issued by the City's Finance office upon payment of tax by an applicant who has first obtained the necessary permits from the required city agencies. (c) "City" shall mean the City of South San Francisco. (d) "Garage Keeper" shall mean a tow vehicle company storage yard operator. (e) "Local traffic enforcement agency" shall mean South San Francisco Police Department. (f) "Rotation list" shall mean placement on the rotational lists to be called by the Police Department when assistance is needed to remove vehicles disabled, abandoned, or impounded. (g) "Tow" vehicle" 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, hoist, towbar, towline or dolly, or is otherwise exclusively used to render assistance to other vehicles. "Tow" vehicle" does not include an automobile dismantler's tow vehicle licensed under Section 11505 of the California Vehicle Code or any tow vehicle operated by a repossessing agency licensed under Section 7500 of the California Business and Professions Code. (h) "Tow vehicle operator" means a person holding a valid California driver's license and who has been trained in how to operate a tow vehicle. (i) "Tow vehicle permit" is a permit issued to a tow vehicle company by the Chief of Police in accordance with provisions of this chapter. (j) "VIN" is the vehicle identification number. 2 CE:NTRAL RE:CORD5 6.64.020 Purpose of provisions. The purpose of this chapter is to regulate the operation of tow vehicles in this City in the interest of public safety, welfare, convenience and necessity, and to provide for orderly removal of vehicles from public ways and private property as authorized by California Vehicle Code Section 21100. 6.64.030 Permit - Required. (a) No person whose principal place of business is within this City shall engage in the business of operating a tow vehicle or tow vehicle company within the City or offer such services within the City without first obtaining a permit from the Chief of Police, as provided in this chapter, and then obtaining a business license from the Finance Department. Permits shall be issued for a period not exceeding one year. (b) Any person(s) or tow company owner(s) violating the provisions of this section or failing to comply with the mandatory provisions of this section is guilty of a misdemeanor and, upon conviction, such person shall be punished as provided in Chapter 1.24 of this code. 6.64.040 Permit - Application. Applications for permits shall be accompanied by a receipt showing that the applicant has paid to the Director 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 Chief of Police, which shall require, but not be limited 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 of other associates having a financial interest in the business for which an application is made; (c) The location, description (including VIN), and hourly availability of the tow vehicles owned and operated by the applicant; (d) Location and description (including VIN) of tow vehicles 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 vehicle to remove all glass and debris deposited upon the roadway by the disabled vehicle which is to be towed; CENTRALR£CORD$ (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 an aggregate 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) Flashing 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 is to be towed, and which may be displayed to the rear when such tow vehicle is towing a vehicle and moving at a speed slower than the normal flow of traffic; (5) Signs displayed in a conspicuous place on both the right and left side of a tow vehicle showing the name of the company or the owner or operator of the tow vehicle. The sign shall also contain the business address and telephone number of the applicant's towing business. The letters of the sign shall not be less than two (2") inches in height and the lettering shall be in contrast to the color of the background upon which they are placed; (6) The location(s) of the site(s) for vehicle storage and operation of the business under the ownership and/or control of the applicant which complies with applicable ordinances of the city in which it is located; (7) A copy of a current 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 not be not less than five hundred thousand dollars for any one person killed or injured, and one million dollars for more than one person injured or killed in any one accident, and five hundred thousand dollars for damage arising out of injury to or destruction of property. The aggregate amount of such insurance shall be not less than one million dollars; (8) 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 Chief of Police. (a) Upon receipt of an application for a tow vehicle permit or tow vehicle permit renewal, the Chief of Police shall cause such application to be reviewed to determine whether or not it is complete. If the application does not contain all of the required information, it shall be returned to the applicant for completion. CENTRAL RF_.CORD~, ~'~L.~ NO. //~"~ '?~f (b) When an application has been submitted and is determined to be complete, the Chief of Police shall cause an investigation to be made into the background of the applicant and the information contained in the application. (c) The Chief of Police shall either grant or deny the application for a tow permit within thirty days after said application is accepted by him as complete. The Chief of Police shall provide the applicant with written notice of his decision by placing same in the U.S. Mail, certified, return receipt requested, postage prepaid. 6.64.060 Permit - Issuance. The Chief of Police may issue or renew a permit if he determines that the applicant's proposed operation or current operation complies with the provisions of this chapter, applicable city ordinances, and laws of the state, or shall deny a permit or a permit renewal 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 Director of Finance for issuance of a business license and delivery of the permit to the applicant. The term of the permit shall be for one year. If the Chief of Police denies the permit, the applicant may appeal the denial as set forth in this chapter. 6.64.070 Denial of permit. The Chief of Police shall review the investigation and shall deny the permit 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 involving grand theft, embezzlement or moral turpitude; or (b) The applicant is a person under the age of eighteen 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 applicant, 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 in the City of South San Francisco; or 5 CENTRAL RECORi:kq rILE NO. //[~r ~ _ (e) The applicant, his agent or employee or any person connected or associated with the applicant as partner, director, officer, stockholder, associate or manager has any unpaid penalty assessment outstanding for violation of 6.64.090. 6.64.080 Rotational list for police department assistance. Ail permittees who are in compliance with the provisions of this chapter, other applicable City ordinances, the laws of this state, and the rules established 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 the rotational lists to be called by the Police Department when assistance is needed to remove vehicles disabled, abandoned or impounded. All permittees shall be placed on both the "calls for service" rotational list and "abandoned vehicle" rotational list. (a) Permittees on such a rotational list, as well as all other permittees in the city, shall at all times be subject to the schedule of fees which are established and approved by the Chief of Police, and provided for in the California Vehicle Code. (b) lists. Permittees may elect not to be placed on the rotational 6.64.085 Authorization to establish procedures for tow services and rules for governing placement and use of rotational list. The Chief of Police shall establish in writing, reasonable rules and regulations governing all tow services in the City and the actual placement of tow vehicle permittees on the rotational lists and the procedure to be followed in using the list for Police originated requests for tow services. Said rules and regulations shall be given to each tow vehicle permit applicant and shall pertain to all permittees operating in the City. Printed copies may be available at no cost to the public. 6.64.090 Use of rotational list. (a) Except as herein provided, all Police originated requests for such tow services shall be directed to the Police Department, Communications Division. The Communications Division is authorized to dispatch tows from the tow vehicle 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. (b) In the event a tow vehicle does not appear at the designated point of tow within twenty minutes after the Police Department has notified the business to respond to a call, the Police Department has the right to call another tow vehicle from the towing service next in order on the rotational list. CENTRAL RECORD~ FILE NO.,//~'~' -~ (b) In the event a tow vehicle does not appear at the designated point of tow within twenty minutes after the Police Department has notified the business to respond to a call, the Police Department has the right to call another tow vehicle from the towing service next in order on the rotational list. (c) In the event that the tow vehicle exceeds the twenty minute response time a penalty will be assessed against the tow company for the period of time in excess of twenty minutes. The penalty will be in the form of a cash fine which will be equal to 25% of the basic tow rate and will be assessed beginning with the 21st minute until the 31st minute. After the 31st minute additional administrative penalties will be added. The penalty, in addition to the cash fine, will consist of removal from the calls for service rotation list for two turns. Any failure to respond to a Police rotation list(s) call shall result in suspension from the calls for service rotation list for three turns. Extenuating circumstances that necessitate a delayed response or inability to respond will be taken into consideration, prior to the imposition of the penalties, at the direction of the Police Department. If the tow company calls the Police Department within ten minutes of the Communications Division notification to respond to a call and advises of an inability to respond, no fine will be imposed and the next tow company on the rotational list will be called. Tow companies that abuse this provision by frequently making notification of an inability to respond or selectively making notification of an inability to respond to certain classifications of tows shall be subject to removal from the rotation tow list. Any tow company that accumulates excessive fines (which is defined herein as equal to or more than two times the basic tow rate) during any portion of the calendar year, shall be suspended from both rotational lists until the fines are paid. All outstanding fines shall be paid in full prior to the renewal of any business license or tow permit. Failure to pay any fines due will result in the withholding of the business license and/or tow permit required for the next calendar year. The fines may be paid in the form of business checks, cash, certified check or money order. Credit cards will be accepted at the discretion of the city. Fines incurred by the tow company shall not be passed on to the person(s) requiring/requesting the service, of the permittee or their agents, in any manner. The imposition of fines and administrative penalties may be appealed to the Chief of Police. (d) In the event the Police Department believes that the tow company has displayed a repeated pattern of failures to meet response time standards and has been or is being removed from the rotation tow list the following procedure will be followed: 7 CENTRAl. RECORDS (3) Tow operators will consult with the Police Department concerning means of curing the performance problems, and will take immediate and concrete steps to improve its performance; (4) Tow operators will provide a written report to the Police Department on the steps it has taken to improve its performance within thirty days; (5) If, after this procedure, the tow company operator has taken adequate steps to improve its performance, the tow operator may be reinstated on the rotation tow list. 6.64.100 Towing rates. (a) The maximum rates to be charged by tow vehicle operators for all public property tows and police initiated private property tows shall be determined by the Chief of Police or his designee. In establishing the maximum rates for public property and police initiated tows, the Chief of Police or his designee shall first consult with and obtain recommendations from one representative selected by the rotation tow vehicle company operators. Upon receiving said advice and recommendations, or following a reasonable effort to obtain same, the Chief of Police will determine the towing rates. The action of the Chief of Police may only be appealable to the City Manager. Said appeal must be filed, in writing, within ten (10) days of the Police Chief's final decision on the proposed rates. The written appeal must set forth the grounds for such appeal. Notwithstanding Chapter 1.28, the city Manager's decision shall be the final decision of the City. Tow vehicle operators shall not petition for rate changes on an individual basis except as provided for in Section 6.64.110. (b) The Chief of Police or his designee shall meet with the designated representative of the rotation tow vehicle company operators at least once bi-annually (two years) but no more than once a year. The meeting should be held in the month of November. The revised rates will become effective January 1 of the subsequent year. No other rates for all public property tows and police initiated private property tows will be allowed, except as provided in this ordinance, without the permission of the Chief of Police or designee. (c) Any tow vehicle company removing a vehicle from private property at the request of the property owner or his/her agent shall not charge any fee in excess of those fees authorized by the Department of California Highway Patrol tow service agreement application in South San Francisco. (d) The rates established shall be posted and displayed so that they are clearly visible to customers in each of the garage and storage facilities of all permittees. 8 CENTRAL 6.64.110 Towing rates - Establishment guidelines. When establishing towing/storage rates the following shall be considered to determine a base fee. (a) The prevailing rates in South San Francisco and other local communities located in northern San Mateo County Judicial District charged by similar operators providing comparable services. (b) The Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W), unadjusted data for all items for the twelve months ending in September of the current year, as published by the United States Department of Labor, Bureau of Statistics. Adjusted charges will be rounded to the nearest one dollar. (c) Items that shall not be considered in the establishment of a basic tow/storage rate are the use of equipment which is required inventory on a tow vehicle per the California Vehicle Code and South San Francisco Municipal Code, including but not limited to: A Slim Jim or similar device used for unlocking vehicles. Compressed air tanks. Floor Jacks. (d) Tow responses without proper equipment or required type of tow vehicle shall not be considered. (e) A tow service fee may be considered to offset any extraordinary labor costs incurred at the scene of a tow. This fee may be in addition to the basic fee and may be included only when approved by the Chief of Police or the representative of the Chief of Police so specified in Section 6.64.110(i). (f) The tow service fee may also be established for "public service calls" such as a lock out, providing gasoline, inflating a tire, or any other type of call where the towing of the vehicle was not initially required. (g) An "administrative error" fee shall be established and shall not exceed 50% of the basic tow fee plus 50% of the accumulated storage fees not to exceed three days storage. No other fees shall be included. "Administrative error" fees shall only be applied to vehicles that are towed not in compliance with the policies and procedures, rules and regulations of the City of South San Francisco, and/or the Uniform Fire Code and/or the California Vehicle Code. (h) A "hook-up/drop fee" may also be considered but should not exceed 50% of the basic tow rate and cannot be authorized 9 CENTRAL RECORD~ FI~ NO.///~- ~'df unless the tow vehicle is physically connected to another vehicle and in preparation for tow. No other fees shall be considered in addition to the "hook-up/drop fee" (i) Additional fees for a specific tow incident may be considered by the Chief of Police or his designee upon receipt of a written request from the tow company's authorized representative prior to release of the vehicle. The written request shall include an itemized cost of all services rendered and specialized equipment used at the specified tow incident. 6.64.120 Removal from private property - Notification of Police. (a) The permittee or designated individual or agent of the permittee that removes or causes the removal of any vehicle from private property at the request of owner(s), agent(s) of the owner(s) or person(s) in lawful possession of the property shall notify the South San Francisco Police Department of the removal within thirty minutes of the removal of the vehicle from its initial point of rest on a parcel of land. Parcel of land shall include the whole or any subdivided portion of the whole parcel for purposes of this section. Initial point of rest shall mean the specific location of the vehicle on the parcel or the subdivided portion of the parcel as listed with the City of South San Francisco and/or the County of San Mateo. The permittee or designated individual(s) or agent(s) shall also comply with all of the requirements of California Vehicle Code Section 22658 and applicable subsections. The "local traffic law enforcement agency" as used in 22658 for the purposes of enforcement of this section shall be the South San Francisco Police Department. (b) Any tow company operating in the City and County of San Francisco, any incorporated or unincorporated cities or areas of San Mateo County, Santa Clara County or Alameda County who remove or attempt to remove any vehicles from public or private property in the City of South San Francisco under the provisions of section (a) shall be prohibited from charging any fees greater than those which are authorized by the City of South San Francisco, also known as the local traffic law enforcement agency, for the purposes of this chapter. 10 C:E:NTRAI. RECORDS 6.64.130 Procedure for release of vehicles. (a) To regain possession of a vehicle removed, stored, or impounded on a police originated request for tow service under the provisions of this chapter or the California Vehicle Code, the person reclaiming the vehicle shall 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 that the claimant is entitled to possession of the vehicle. The garage keeper shall thereafter be required to release the vehicle only after the claimant has paid the lawfully accrued charges, signed the police release form to the garage keeper, except in the following cases: (1) Where the garage keeper has been notified by the Police Department 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 notified by the Police Department. (2) Where there is reasonable cause to believe that the person claiming the vehicle is not lawfully entitled to the custody thereof, the vehicle shall not be released until direct Police authorization is obtained. (3) Where the person claiming the vehicle refuses to pay the lawfully accrued charges, refuses to sign the Police Department release, or refuses to make proper identification of themselves or of their right to custody of the vehicle. (c) The garage keeper shall obtain and record all pertinent information required on the release form for each vehicle placed in his 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 for his own purposes and reference. (d) The owner or operator of the vehicle, before signing the release, shall compare the condition of the vehicle with that listed on the inventory completed by the police officer and the tow vehicle operator. Any discrepancies between the list and the actual condition of the vehicle shall be noted on the form prior to release of the vehicle and the discrepancies reported to the Police Department by the tow vehicle operator as soon as possible; (e) Whenever any vehicle removed and impounded by this chapter is not reclaimed after ten days, the garage keeper shall immediately notify the Police Department which caused the vehicle to be towed of such fact giving that Police Department all accurate information regarding such towed vehicle necessary for correct identification; (f) provisions California, Ail garages and garage keepers shall abide by the of Section 10652 of the Vehicle Code, State of by notifying the Department of California Highway CENTRAL RECORi:~ Patrol in the manner prescribed therein whenever a vehicle has been stored in the garage for thirty days; (g) The garage keeper shall release all personal property stored in the vehicle to the registered owner of the vehicle without charge. Prior to releasing the property the garage keeper shall request suitable identification from the person claiming the property. The person claiming the property shall present suitable identification to the garage keeper in the form of a valid California driver's license, a valid California identification card, or other valid photo identification. Personal property will not include any equipment that is temporarily or permanently mounted on the vehicle but will include specialized tools, clothing, jewelry, portable radios, tapes, etc. 6.64.140 Charges in excess of fee schedule. (a) Any tow vehicle operator who, in response to a police call, charges more than the posted rate for his service may be suspended from the rotational list for thirty days and the owner of such vehicle shall not be liable for any amount in excess of the posted rate. (b) Any permittee who charges more than the authorized posted rate for a tow service may have the tow permit suspended up to thirty days by the Chief of Police without appeal. (c) Persons operating or in charge of any storage facility where vehicles are stored pursuant to this chapter or the California Vehicle Code shall accept a valid bank credit card or cash for payment of all authorized towing and storage fees by a registered owner or the owner's agent claiming the vehicle. Credit charges shall comply with Section 1748.1 of the Civil Code. The cost of providing payment by credit shall be borne by the permittee and not charged to the registered owner of the vehicle or the agent seeking release of the vehicle. 6.64.150 Solicitation prohibited. by tow services at accidents (a) No tow vehicle 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 vehicle operator or other person shall park a vehicle equipped for use as a tow vehicle within five hundred feet of the location of any vehicular accident, or collision, or other catastrophe except under the direction or permission of the Chief of Police or his officers or other duly authorized law enforcement officers, at the scene of said accident, collision, or catastrophe. 12 CENTRAL RECORDS I LE NO. (c) The prohibition contained in this section and subsections thereof shall apply from the time of the happening of the accident, collision or other catastrophe or calamity until the law enforcement officers, public health officials, emergency personnel and other persons discharging duties imposed by law conclude their activities at the location of said occurrence. 6.64.160 Permit - Suspension or revocation. (a) 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 chapter, or other applicable city ordinances or applicable provisions of the laws of the state, he may, following notice as provided herein, suspend the permit, which suspension may be appealed by the permittee as set forth in Section 6.64.240. The suspension shall be for a period of not exceeding thirty days, except that the Chief of Police may reasonably extend the period of suspension pending permittee's performance of the necessary acts to comply with the provisions of this chapter or other applicable city ordinances or laws of the state. Ten 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 the reasons for the suspension. The notice shall provide that the permittee may appear before the Chief of Police to show cause why the permit should not be suspended. (b) 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 chapter or other applicable City ordinances or applicable provisions of the laws of the state, he may, following notice provided herein, revoke the permit, which revocation may be appealed by the permittee, as set forth in Section 6.64.240. Ten 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 the proposed revocation. The notice shall provide that permittee may appear before the Chief of Police to show cause why the permit should not be revoked. 6.64.170 Grounds for suspension or revocation. It shall be grounds for suspension or revocation of a permit if any permittee, his agent or employee or any person connected or associated with the permittee as partner, director, officer, stockholder, general manager, or person who is exercising managerial authority of or on behalf of the permittee has: (a) Knowingly made any false, misleading or fraudulent statement of a material fact in an application for a permit, or in any report of record required to be filed with the Police Department; or 13 CENTRAL RECORDS ~ NO. //~ ~ - FJ'~ (b) Violated any provision of this chapter or of any statute relating to his permitted activity; or (c) Failed to obtain a current, valid license to do business in the city; or (d) Been convicted of a felony or any crime involving theft or embezzlement; or (e) Committed any act constituting dishonesty or fraud; or (f) Committed any unlawful, false, fraudulent, deceptive or dangerous act while 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 permittee's business; or (i) Willfully failed to comply with the terms of any contract made as a part of the exercise of the towing operation; or (j) Conducted the towing operation in a manner contrary to the peace, health, safety and general welfare of the public; or (k) The permittee, his agents or employees, obtained a tow permit by use of fraud, trick, dishonesty or forgery; or (1) The permittee, his agents or employees, towed a vehicle to a location other than listed as the business address of such permittee without first receiving authorization to do so by the person authorizing the tow; or (m) The permittee, his agents or employees, after towing a vehicle to the business location of the permittee, without authorization, towed such vehicle to another location for storage; or (n) The permittee, 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 (o) The permittee, 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 result of such collision, suffered death or injury, or there is evidence that such vehicle was involved in a hit-and-run collision or as a result of such collision property damage in excess of one thousand dollars was incurred; or CENTRAL RECORD~ (p) The permittee, his agents or employees, have charged for services not performed, equipment not employed or used, services or equipment not needed, or have otherwise materially misstated the nature of any service performed or equipment used; or (q) 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. (r) The permittee, his agents or employees have been found by a court of law or by the Equal Employment Opportunity Commission or by the California Department of Fair Employment and Housing to have sexually harassed or discriminated against an employee, agent or customer based on race, sex, heritage, disability or ethnicity. 6.64.180 Tow Vehicle Operator's Permit - Required (a) It is unlawful for any entity holding a business license and/or tow permit issued by the city to allow any person to operate a tow vehicle unless that person possesses a valid tow vehicle operator's permit. (b) It is unlawful for any person to operate a tow vehicle in the City unless that person first possesses a valid tow vehicle operator's permit issued by the city. 6.64.190 Tow Vehicle Operator's Permit - Application (a) An application for a tow vehicle operator's permit shall be made in writing to the Chief of Police by the towing concern employing the prospective permittee and shall include a receipt showing that the applicant has paid to the Director of Finance a nonrefundable processing fee as set forth in the Master Fee Schedule of the City. (b) Each tow vehicle operator's permit shall include: 1. The name, address, telephone number, date of birth, height, weight, and race, and identifying physical features such as scars and tatoos visible when clothed in short sleeved attire of the permittee; 2. A copy of the applicant's valid California driver's license for the class of all tow vehicles to be operated; 3. Two recent photographs of the permittee (one and one half inch square) to be provided by the applicant. 4. The name, address, and telephone number of the permittee's current employer; 5. The signature of the permittee's current employer endorsing the application and certifying that: 15 CENTRAL RECORi:~ NO. i. The signatory is in fact the permittee's current employer, and ii. The permittee has demonstrated to the signatory that the applicant has proficient knowledge of the traffic laws of the City and of the State of California and has demonstrated the ability to operate the type of vehicle(s) which will be utilized in the performance of any towing operation. 6.64.200 Tow Vehicle Operator's Permit - Grounds for Refusal. (a) No permit shall be granted to any person under the age of eighteen years. (b) The permittee has been arrested and convicted of any criminal act which consisted of possession of narcotics, drugs or any other controlled substance for sales or distribution of any nature or any sexual assault violation of crimes of physical violence or any auto theft or larceny from a vehicle. (c) The driving record of the permittee shows that the permittee's driver's license is suspended or revoked or shows two or more convictions of driving while under the influence of alcohol, drugs or any combination thereof or any other alcohol and/or drug related driving offenses. 6.64.210 Tow Vehicle Operator's Permit - Contents, Display, Cancellation. (a) Every permittee's permit issued hereunder shall set forth the name of the employer and/or the name of the company who's equipment the permittee is authorized and licensed to operate. (b) Every permittee operator's permit shall be worn on the outer garment of the permittee or be openly displayed inside the tow vehicle any time the permittee is engaged in any activity on the behalf of the employer. The operator's permit shall be maintained in a clearly legible condition in a transparent holder which shall be supplied by the employer and shall be presented anytime requested. (c) The tow vehicle operator's permit shall be valid only for as long as the employee is employed by the signatory of the permit. Upon termination of such employment, for any reason, the permittee/or the signatory shall surrender the permit to the Chief of Police or the person designated by the Chief of Police. The tow vehicle operator's permit shall be cancelled and deemed not valid for any future employment of the same or like type. 6.64.220 Tow Vehicle Operator's Permit - Term. The tow vehicle operator's permit shall be valid for a period not to exceed five years. Upon expiration of the permit, the 16 CENTRAL RECORDS I~IL,,E: NO. /./'~'~- ~;;>~'""'- permittee shall reapply with updated information and photographs, as required in Section 6.64.190. 6.64.230 Suspension or Revocation. (a) The Chief of Police shall have the authority to suspend or revoke any tow vehicle operator's permit issued hereunder for any of the reasons for which an application for such a permit may be denied or if the holder thereof is found guilty by any court for reckless driving, driving under the influence of alcohol or driving while intoxicated or sales or possession of dangerous drugs, narcotics, or any other restricted drugs, or for any fraud or sexual assault violations. 6.64.240 Appeals (a) The permittee may appeal the denial, suspension or revocation of a permit by filing a written notice of appeal with the City Manager within ten days after receipt 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 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 the address provided in the application at least ten days prior to said hearing by placing same in the U.S. Mail, postage prepaid, certified return receipt requested. (c) The City Manager or his designee shall render his decision within thirty days after the date of the hearing. Said decision shall be final and no appeal may be taken to the City Council. 6.64.250 Penalty for violation (a) Unless otherwise separately designated in each section of this chapter, violations of this chapter shall be considered an infraction punishable as set forth in Section 1.24.030 of the South San Francisco Municipal Code. (b) Other penalty options may include permit and business license suspension and/or revocations. SECTION 2. Severability In the event any section or portion of this ordinance shall be determined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. 17 C~NTNAL NO. //~ SECTION 3. Publication and Effective Date. Pursuant to the provisions of Government Code Section 36933, a Summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council Meeting at which this Ordinance is schedule to be adopted, the City Clerk shall (1) publish the Summary and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the Summary and (2) post in the City Clerk's Office a certified copy of the full text of this Ordinance along with the names of those City Councilmembers voting for or against this Ordinance or otherwise voting. Introduced at a re§u] ar meeting of the City Council of the City of South San Francisco, held the22nd day of Fe~r~asy , 1995. Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the city Council of the City of South San Francisco, held the 8th day of March , 1995, by the following vote: AYES: C, ouncilmembers Joseph A. Fernekes, John R. Penna, Roberta Cerri Teglia and Mayor Robert Yee NOES: None ABSTAIN: NOne ABSENT: Councilmember Jack Drago ATTEST:~/~~ ~C~ As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this Rth day o~ M~rch , 1995. A:\TOWCARFN.f07 18 CENTRAL ~CO~D~ NO. Ti_