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HomeMy WebLinkAbout1503 - Official Police Tow Truck Service• ORDINANCE NO. 1505' AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 5.15 TO TITLE 5 OF THE NEWPORT BEACH MUNICIPAL CODE, ENTITLED "REGULATION OF NEWPORT BEACH POLICE OFFICIAL POLICE TOW TRUCK SERVICE" The City Council of the City of Newport Beach does ordain as follows: SECTION 1. Chapter 5.15 is added to the Newport Beach Municipal Code to read: "CHAPTER 5.15 REGULATION OF NEWPORT BEACH Sections: 5.15.010 5.15.020 • 5.15.030 5.15.040 5.15.050 5.15.060 5.15.070 5.15.080 5.15.090 5.15.100 5.15.110 5.15.120 5.15.130 5.15.140 5.15.150 5.15.010 POLICE OFFICIAL POLICE TOW TRUCK SERVICE Intent and Purpose. Definitions. License Required. Selection of Towing Services. Application for Tow Truck License. Agreements. Standards for Tow Truck License -- Liability Insurance. Hearing on Application. Issuance of Certificate. Standards for Tow Truck Equipment. Attendant or Operator's Permit Required. Standard Rules of Operation. Grounds for Revocation. Suspension. Separability. Intent and Purpose. It is the intent of this ordinance to prescribe the basic regulations for the opera- tion of "Official Police Towing Service" in police emergency situations and in the removal of vehicles which are appar- ently abandoned, or involved in an accident, or which con- stitute an obstruction to traffic because of mechanical • failure. It is the purpose of the City Council in enacting this ordinance to provide a fair and impartial means of distributing requests for towing services among qualified -1- firms, and to insure that such service is prompt and reas- onably priced, and in the best interests of the public as well as the interest of efficient policing operations for • the removal from public streets of said vehicles. 5.15.020 Definitions. (a) "Official Police Tow Service" means a towing company selected by the Police Department to be used, on call, and on an alternate basis, for any police emergency situation where a tow truck is required. (b) A "tow car" or "tow truck" 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, towbar, tow -line, or dolly or is otherwise exclusively used to render assistance to other vehicles. (c) "Attendant" means a trained and /or qualified indi- vidual responsible for the operation of a tow car or tow truck, whether or not the attendant also serves as a driver. • (d) "Operator" means an individual who operates a tow car or tow truck. (e) "License Division" means the Newport Beach City License Division of the Finance Department. (f) "Director of Finance" means position appointed by the City Manager and has charge of the administration of the financial affairs of the City. 5.15.030 License Required. (a) Any firm may become eligible to participate in the assignment of service calls by the Police Department only if it has a valid license to do business in the City of Newport Beach. (b) No official police tow truck shall be operated by a driver on the streets, alleys, or any public way or place of Newport Beach unless the driver is holding a currently valid permit as an attendant or operator. -2- 5.15.040 Selection of Towing Services. (a) There shall be two "Official Police" towing • services selected and designated to provide service at the request of the Police Department throughout the City of Newport Beach. Said determination is based upon review of the towing services and a finding that two towing services are sufficient to provide a high level of service to the public at the present time; that a limitation to two services contributes to ef- • ficient administration of the program of providing towing services on an emergency basis; and further fragmentation of the limited income derived from such services would tend to reduce the capabilities of the towing services to properly maintain equipment and at- tendants, and downgrade the level of services to the public. To maintain an equal and unbiased service, the designated towing agencies will be rotated by alter- nate calls. 5.15.050 Application for Tow Truck License. Applications for tow truck licenses hereunder shall be made upon such forms as may be prepared or prescribed by the Director of Finance and shall contain: (a) The name and address of the applicant and of the owner of the towing service. (b) The trade or fictitious name, if any, under which the applicant does business and proposes to do business. (c) The training and experience of the appli- cant in the conduct of business. -3- DON dm 7/10/73 (d) Describe available equipment to be used in "Official'Police Towing Services," particularly in terms • of comparative qualities or capacities as related to min- imum eligibility requirements. (1) Include the color scheme, insignia, name, monogram or other distinguishing characteris- tics to be used to designate applicants towing vehicles. (e) The location and descriptions of the place or places from which it is intended to operate, including address of storage facilities. (f) Describe the method of operation of the commun- ication systems between the place of business and operating tow trucks, as well as the means utilized for insuring prompt dispatch of trucks upon receipt of call from the Police Department. (g) Such other information as the License Division • shall deem reasonably necessary to a fair determination of compliance with this ordinance. (h) An accompanying license fee of $25.00 plus $10.00 for each vehicle the applicant(s) proposes to use in the business. (i) A financial statement prepared by a certified public accountant showing the financial status of the applicant during the past two years preceding the application. 5.15.060 Agreements. (a) Successful applicants shall enter into an agree- ment with the City, which agreement shall contain eligibil- ity requirements, operating regulations and fee schedules as adopted by the City Council. The City and the "Official • Police Tow Service" may review and revise the fee schedule by mutual agreement at any time upon finding the existing rates are inequitable. The fee schedule shall be available to interested citizens upon request. 5.15.070 Standards for Tow Truck License -- Liability Insurance. (a) No tow truck license shall be issued under this ordinance, nor shall such license be valid after issuance, nor shall any tow truck be operated in Newport Beach unless there is at all times in force and effect insurance to do business in the State of California, for each and every tow truck owned and /or operated by or for the applicant or licensee, providing for the payment of damages. (1) For injury to or death of individuals in accidents resulting from any cause for which the owner of said vehicle would be liable on account of liability imposed on him by law, regardless of whether the tow truck was being driven by the owner or his agent, and, (2) For the loss of or damage to the property of another, including personal property, under • like circumstances, in such sums and under such terms as may be required in regulations promulgated by the Director of Finance. (b) Said insurance policies shall be submitted to the License Division for approval prior to the issuance of each tow truck license. Satisfactory evidence that such insur- ance is at all times in force and effect shall be furnished to the License Division, in such form as the Director of Finance may specify, by all licensees required to provide such insurance under the provisions of this ordinance. (c) Every insurance policy required hereunder shall contain a provision for a continuing liability thereunder to the full amount thereof, not withstanding any recovery • thereon, that the liability of the insurer shall not be affected by the insolvency or the bankruptcy of the assured, and that until the policy is revoked the insurance company will not be relieved from liability on account of non- payment of premium, failure to renew license at the end -5- of the year, or any act or omission of the named assured. Such policy of insurance shall be further conditioned for the payment of any judgments up to the limits of said • policy, recovered against any person other than the owner, his agent or employee, who may operate the same with the consent or acquiescence of the owner. (d) Every insurance policy required hereunder shall extend for the period to be covered by the license applied for and the insurer shall be obliged to give not less than ten days written notice to the License Division and to the assured before any cancellation or termination thereof earlier than its expiration date and the cancellation or other termination of any such policy shall automatically revoke and terminate the licenses issued for the tow trucks covered by such policy, unless another insurance policy complying with the provisions of this section shall be _ provided and be in effect at the time of such cancellation or termination. 5.15.080 Hearing on Application. Upon receipt of any such application, the Director of Finance shall, upon determining the application to be in order, refer the matter to the Chief of Police for investigation. In the course of the investigation the Chief of Police shall inspect the vehicles and equipment and shall require the applicant or any person named in the application to be photographed and fingerprinted. The Chief of Police shall complete his investigation within thirty (30) days unless prevented from doing so by lack of cooperation of'the applicant or other person named in the application, and shall report his findings to the Director of Finance regarding the moral • character of the applicant and other persons named in the application, and the adequacy and safety of the vehicle with respect to cleanliness, equipment, safety devices, brakes, lights, and obsolescence. Upon receipt of said report, the Director of Finance shall transmit the application • and report to the City Clerk who shall set the same for hearing before the City Council. The City Clerk shall give notice of the time so set at least five (5) days before the date of said hearing to the applicant by mail at the address set out in such application, and to all persons to whom certificates of public convenience and necessity have been theretofore issued. The City Council shall render its decision within thirty (30) days after the matter is first set for hearing before it. 5.15.090 Issuance of Certificate. At the time set for the hearing of such application, the City Council may examine the applicant and all persons interested in the matter set forth in said application, and shall de- termine whether or not the public interest, convenience and • necessity require the issuance of the certificate applied for, and may order the Director of Finance to issue a certificate in accordance with said application, subject �'e to the filing ar,�d approval of an undertaking w inSeet -jen ! provided aR a subject to such conditions as may be imposed by the City Council, including the minimum and maximum number of vehicles that may be used. In reaching a decision, the City Council shall consider the following factors: (a) Whether the applicant is qualified on the basis of moral character, experience in the towing business, and financial responsibility; (b) The probable effect that approval of the applica- tion would have on the level and quality of service • available to the public; -7- DON dm 6/19/73 (c) Whether the facilities, personnel and equipment which the applicant proposes to use are adequate. 5.15.100 Standards for Tow Truck Equipment. (a) Truck chassis: Official police tow services must have at least two rigs of one ton capacity with rear dual wheels. The police officer on the scene shall deter- mine if greater capacity is needed and shall call upon any service capable of providing that capacity regardless of whether or not said company is within the City or.whether it is their period of time to receive police requests. (b) Company name: Company name, address and phone number shall be displayed on both sides of the tow truck in letters not less than two and one -half inches in height. (c) Lights: Trucks must, at all times, be equipped with such headlights, tail lights, red reflectors, stop lights, warning lights, etc., as required by California • law, plus one white utility light (adjustable or portable); and may be equipped with such other lights as the owner may desire which are not forbidden by law. (d) Winch: To be power- driven by power takeoff from transmission, equipped with safety dogs or equivalent braking devices. (e) Booms: At least one truck to be equipped with adjustable twin booms with the capability of at least four -ton capacity from the side of the truck. Said truck must also be equipped with three hundred feet of not less than three - eights inch cable free from partial breaks or knots. (f) Additional equipment: Trucks must be equipped with red flares, lanterns or reflectors, hand tools, crow- bar, rope, brook, shovel, dust pan, fire extinguisher (dry chemical type), portable red tail light and stop light for towed vehicles, equipment for opening locked vehicles, and safety snubber chain. Each tow company shall have at least one set of dollies readily available at all times. OM DON dm 6/19/73 r �i • • 5.15.110 Attendant or Operator's Permit Required. (a) Application: No person shall drive or operate any official police towing vehicle described in this chapter in the City without first obtaining a permit in writing to do so, from the Chief of Police. Any person desiring to obtain such operators permit shall make a written application therefore to the Chief of Police; accompanied by the fee of five dollars ($5.00). Applicant for attendant or operators permit shall be required to be photographed and fingerprinted, No attendant or operators permit shall be issued to any person: 1. Under the age of 18 years. 2. Who is not a citizen of the United.States or who has not lawfully declared intention of becoming such. 3. Who has been convicted of a felony. 4. Who, within a period of two years immediately preceeding such application, has been convicted of reckless driving or any provisions of the Alcoholic Beverage Control Act, California Penal Code, California Vehicle Code, or any other code, which is directly concerned with the operation of a motor vehicle while under the influence of alcoholic beverage, or drug, or combination of alcohol and drug. 5. Who is incompetent or for any reason whatsoever unable to handle such vehicle safety. 6. Who is not of good moral character. 7. Who cannot speak the English language. 8. Who does not hold a vehicle driver's license issued by the Motor Vehicle Department of the State of California. 9. Who is not sufficiently acquainted with the laws or ordinances regulating the operation of motor vehicles. 10. Who falsifies the application for said permit. CLOM 5.15.120 Standard Rules of Operation. (a) All requests for towing service and the removal of traffic hazards shall be made through the Police Department. (b) When it becomes evident that there will be a delay in responding to a request for towing service, the towing company concerned shall advise the Police Department of this delay. (c) There shall be an attendant on call capable of responding to police requests for towing as well as be present or available for release of vehicles to the public twenty -four hours a day, seven days a week. (d) Removing Hazards: After being dispatched by the Police Department to the scene the tow truck operator shall cooperate with the police officers in removing hazards and illegally parked vehicles as requested. It is the duty of the police officers to determine when such a • vehicle should be impounded or moved and the tow truck operator shall abide by their decisions. (e) Each towing company shall comply with Section 27907 of the Vehicle Code of the State of California regarding signs on tow trucks. Only tow trucks bearing the name or the company called shall be dispatched to the scene of need. (f) All owners of towing companies shall conduct their business in an orderly, ethical, businesslike manner and Use every means to obtain and keep the confidence of the motoring public. (g) Vehicles impounded by the police for special in- vestigation, i.e., fingerprints, etc., shall be held in • maximum security until cleared by investigating officers. Contents of vehicles with a "police hold" shall not be removed. -10- (h) The owners of towing companies participating in towing assignments by the Police Department shall be • responsible for the acts of their employees while on duty. Towing company shall be responsible for damage to vehicles while in their possession. (i) All towing company's records, equipment and storage facilities will be subject to periodical checks by Police Department investigators. (j) All vehicles stored or impounded as a result of a "tow ordered by the Police Department," shall be made available to the owner of the vehicle or his represent- ative, any insurance agent, insurance adjustor, or any body shop or car dealer, for the purpose of estimating or appraising damages, except vehicle with a "police hold." (k) The "Official Police Towing Service" shall record their time in and their time out on every tow truck assign- . ment. Such records shall be available and open to police examination. An electric time -clock shall be maintained for this purpose. (1) All "Official Police Towing Services" shall submit a monthly report to the Chief of Police, which shall include the following: (1) Total police impounds. (2) Number of times dispatched by Newport Beach Police Department. (3) Number of these calls resulting in impounds. (4) Number of vehicles sold on lien sale under authority of Section 3072, Civil Code, and reporting said lien sales as per authority • of Section 22705 CVC. (5) Number of vehicles sold under authority of Section 3073 Civil Code (under $200.00 value). -11- • • (6) Names and addresses of buyers and descrip- tion of vehicles when sold. (7) Number of calls answered in which time beyond one hour was required to handle. (m) All tow trucks used shall be radio - equipped. (n) Storage lots shall be properly fenced (at least six feet high) to maintain a maximum of security for stored i and impounded vehicles. Space under cover for at least three vehicles shall be provided. (o) Storage lots shall be located within a three- mile radius of the location of the Newport Beach City Hall. (p) An official garage shall not proceed with any repair work on a vehicle or place any charges against a vehicle other than those occasioned by removal from the street and storage unless authorized by the owner or his designated agent. (q) Official garages when disposing of unclaimed vehicles shall abide by all Civil Code Sections per- taining thereto. (r) All vehicles stored or impounded as a result of a "tow ordered by the Police Department" shall be towed directly to an official storage lot unless the Police Department or other person legally in charge of the vehicle requests that it be taken to some other location. 5.15.130 Grounds for Revocation. Any certificate or permit granted under the provisions of this chapter may be revoked by the City Council, either as a whole or as to any person or vehicle described therein, or as to the right to use any distinctive color, monogram or insignia, after five (5) days notice to the certificate holder re- quiring him to appear at a certain time and place to show cause why the certificate should not be revoked, for any of the following reasons: -12- DON dm 6/19/73 _ s (a) That the certificate required by Section 5.15.080 has been withdrawn or lapsed or is not in force for any reason. • (b) For the non - payment of any City business license or other fees provided by Title V of the Newport Beach Municipal Code. (c) Breach of any rules, regulations or conditions set out in the Newport Beach Municipal Code or the Certificate. (d) For the violation of any of the laws of the State of California or the City with respect to the operation of the business by any certificate holder or repeated violations by operators or attendants of any vehicle covered by such certificate. (e) For failure to maintain satisfactory service to the public or for failure to keep any such vehicle in a safe condition and good repair or for failure to use the distinctive coloring, monogram, or insignia described in • the application, or for deviation from the schedule of rates set forth in the application. (f) For any cause which the City Council finds which makes it contrary to the public interest, convenience, necessity or general welfare for the certificate or permit to be continued. 5.15.140 Suspension. Any certificate or permit, granted under the provisions of this Chapter may be sus- pended by the Chief of Police for a period up to sixty (60) days for any violation of the Chapter. 5.15.150 Separability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any • court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof." -13- DON dm 6/19/73 . _ • ,r u 1/ u SECTION 2. This ordinance shall be published once in the official newspaper of the City, and the same shall be effec- tive thirty days after the date of its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 25th, day of June 1973, and was adopted on the 23rd day of July 1973, by the following vote, to wit: ATTEST: VAR CERTIFIED AS THE ORIGINAL AND CERTIFIED AS TO PUBLICATION DATE JUL 3.q 1973 ........_ CITY Ct €EK OF THE CITY OF NEEACH AYES, COUNCILMEN: Croul, Dostal, Kymla, Ryckoff NOES, COUNCILMEN: McInnis, Rogers, Store ABSENT, COUNCILMEN: None -14- DRB:sh 5/14/73