HomeMy WebLinkAbout1810 - Police Tow Truck Servicet
ORDINANCE NO. 1810
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
AMENDING CHAPTER 5.15 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 of the Newport Beach
Municipal Code is amended to read as follows:
"Chapter 5.15
REGULATION OF NEWPORT BEACH
POLICE OFFICIAL POLICE TOW TRUCK SERVICE
Bari -i nnc
5.15.010
Intent and Purpose.
5.15.020
Definitions.
5.15.030
Towing Services.
5.15.040
Tow Truck Service Specifications.
5.15.050
Hearing.
5.15.060
Selection.
5.15.070
Issuance of Certificate.
5.15.080
Agreements.
5.15.090
License Required.
5.15.100
Standards for Tow Truck Equipment.
5.15.110
Standard -Rules of Operation.
5.15.120
Attendant or Operator's Permit Required.
5.15.130
Liability Insurance.
5.15.140
Grounds for Revocation.
5.15.150
Suspension.
5.15.010
Intent and Purpose. It is the intent of
this Chapter to prescribe the basic regulations for the
operation of 'Official Police Towing Service' in police
emergency situations and in the removal of vehicles which
are apparently abandoned, or involved in an accident, or
which constitute an obstruction to traffic because of
mechanical failure. It is the purpose of the City Council'
in enacting the ordinance codified in this Chapter to provide
a fair and impartial means of distributing requests for
towing services among qualified firms, and to insure that
16 such service is prompt and reasonably priced, and in the
best interest 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 City
Council to be used by the Police Department, on call, on
a weekly rotation 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, tow bar, tow line, or dolly, or is
otherwise exclusively used to render assistance to other
vehicles.
(C) 'Attendant' or 'operator' means a trained and /or
qualified individual responsible for the operation of a
tow car or tow truck.
(D) 'License Division' means the Newport Beach City
License Division of the Finance Department.
(E) '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 Towing Services. There shall be two
official police tow services selected and designated to
provide service at the request of the Police Department
throughout the City of Newport Beach. Said determination
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is based upon review of the towing services and a finding
that two towing services are sufficient to provide a high
Is level of service to the public at the present time; that a
limitation to two services contributes to efficient admini-
stration 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 attendants and downgrade the level of services
to the public.
5.15.040 Tow Truck Service Specifications. The
City Clerk shall be authorized to advertise for bids. Notice
inviting bids shall be published in the official newspaper
by one or more insertions, the first of which shall be at
least ten (10) days before the time for opening bids. Said
isnotice shall list the date; time, and location for receiving
sealed bids and the time at which the bids will be opened.
Bids shall be submitted on forms prepared by the Police
Department and obtained from the Finance Department and
shall be consistent with the tow truck service specifica-
tions and contain information indicating compliance with
Section 5.15.100 of this Chapter, as well as the tow rate
schedule for the following:
(A) Standard tow rate
(1) Accident; day and night
(2) Stored /Impound; day and night
(B)
(C)
(D)
(E)
(F)
(G)
Dolly
Motorcycle
Remove and replace drive shaft
Roll -over or winching
Hourly rate for extended service
Open after business hours for releasing
vehicles
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(H) Storage rates*
(1) Inside; cars and trucks
(2) Outside; cars and trucks
*Daily storage fees are for a 24 -hour day
from time of tow.
5.15.080 Hearing. After the bid opening, the
City Clerk shall set a hearing before the City Council
giving notice of the time so set at least five (5) days
before the date of said hearing to all persons submitting
bids.
5.15.060 Selection. At the time set for the
hearing, the City Council may examine the bidders, all
relevant evidence, and award the contract to those found
to be the most responsible bidders. The City Council
reserves the right to reject all bids if it is believed to
be in the public interest.
Ig5.15.070 Issuance of Certificate. No person
shall operate an official police tow truck service without
first obtaining a certificate of public convenience and
necessity. In reaching a decision on the issuance of a
certificate of public convenience and necessity, the City
Council shall take into account the following considerations
over and above the requirements-contained in Sections
5:.15.100 and 5.15.110:
(A) Whether the applicant is qualified on the basis
of moral character, experience in the towing business, and
financial responsibility;
(B) The level and quality of service which would be
made available to the public; such as, accessibility and
adequacy of the storage facilities, whether there is an
attendant on duty as opposed to being on call to release
vehicles on a 24 -hour basis, and availability of extra pieces
of equipment over the minimum required;
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(C) Reasonableness of fees to be charged for service
and willingness to release vehicle without charge if
impounded or stored in the course of carrying out an official
police investigation, upon direction of the Chief of Police,
(D) Physical condition of equipment.
5.15.080 Agreements. Tow truck services awarded
a certificate of public convenience shall enter into an
agreement with the City, which agreement shall contain
eligibility requirements, operating regulations, and fee
schedules as adopted by the City Council. Every certificate
holder shall post in a conspicuous place in the interior of
each tow truck operated by said certificate holder an
approved rate schedule in a form and location approved by
the Chief of Police.
The City and the official police tow service may review
and revise the fee schedule by mutual agreement at any time
upon a finding that a rate increase is justified and is in
the public interest.
The first two official police tow truck services awarded
a certificate of public convenience shall so classify them-
selves by lot that the agreement with one of the tow services
shall have a term of three years and the term of the other
shall be for a period of two years. Thereafter, any such
agreements shall have a term of two years, with a twelve
month overlap. Any official police tow truck operator whose
expire
Service agreement with the City will/or has expired may bid
on subsequent official police tow truck notices inviting bids.
5.15.090 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
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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.
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
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wheels. The Police Department employee on the scene shall
determine if greater capacity is needed and may 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 (2 -1/2 ")
in height. The words 'Official NBPD Tow Unit' may be
displayed only during the time the contract is in force.
(C) Lights: Trucks must, at all times, be equipped
with such headlights, taillights, 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: Winches may be electric, power takeoff, or
hydraulic driven. Winches shall be of sufficient power or
capacity for the rating of the wrecker unit and shall be
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 (300') of not less
than three - eighths inch (3/8 ") 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, broom, shovel, dust pan, fire extinguisher (dry
chemical type - minimum 10 B.C.), portable red taillight 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 and at least one truck capable of responding to a call
within enclosed parking structures with a clearance of not
more than six feet four inches (61411).
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(G) Flat bed trucks shall be unacceptable for police
Is tow without the specific approval of the police employee at
the scene.
5.15.110 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 attendanant on call capable of
responding to police requests for towing as well as being
present or available for release of vehicles to the public
twenty -four (24) hours a day, seven (7) days a week.
Business hours are to be 7:00 a.m. to 9:00 p.m., seven (7)
days a week, and no storage fee may be charged if the
vehicle had been stored for less than twelve (12) hours.
Signs listing the phone number where persons can call to
retrieve their vehicles must be posted in plain view to the
front of the storage facility.
(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 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 California Vehicle Code regarding signs on tow
trucks. Only tow trucks bearing the name of the company
called shall be dispatched to the scene of need without
approval of Police Communications.
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(F) All owners of towing company shall conduct their
46 business in an orderly, ethical, businesslike manner and
use every means to obtain and keep the confidence of the
motoring public.
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(G) Vehicles impounded by the police for special
investigation, i.e., fingerprints, etc., shall be held
46 in maximum security until cleared by investigating
officers. Contents of vehicles with a 'police hold' shall
not be removed.
(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 its possession.
(2) All towing company's records, equipment, and
storage facilities will be subject to 'periodic 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 representative,
any insurance agent, insurance adjustor, or any body shop
or car dealer, for the purpose of estimating or appraising
damages, except vehicles with a 'police hold.'
(K) The official police towing service shall record
its time in and its time out on every tow truck assignment.
Such records shall be available and open to police examina-
tion. An electric timeclock shall be maintained for this
purpose.
(L) 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;
ME
(5) Number of vehicles sold under authority
of Section 3073, Civil Code (under
$200.00 value);
(6) Names and addresses of buyers and
description of vehicles when sold;
(7) Number of calls answered in which time
beyond one hour was required to handle.
(M) All tow trucks shall be radio - equipped.
(N) Storage lots shall be properly fenced (at least
six feet [6'] high) to maintain a maximum of security for
stored and impounded vehicles. Space under cover for at
least three (3) vehicles shall be provided.
(0) Storage lots shall be located within ten (10)
miles of the Newport Beach Police Facility.
(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
is 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 pertaining
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.
5.15.120 Attendant or Operator's Permit Required.
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
operator's permit shall make a written application therefor
to the Chief of Police, accompanied by a fee as established
CM
by resolution of the City Council. Applicant for attendant
is or operator's permit shall be required to be photographed
and fingerprinted. No attendant or operator's 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
preceding such application, has been convicted of reckless
---d rivingor 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 alcoholic beverage and
drug;
(5) Who is incompetent or for any reason whatsoever
unable to handle such vehicle safely;
(6) Who is not of good moral character;
(7) Who cannot speak the English language;
(8) Who does not hold a vat vehicle driveis license
issued by the Department of Motor Vehicles 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;
(11) who within a two year period preceding such appli-
cation has been convicted of theft or fraud, or who, as an
adult, has twice been convicted of said offenses;
(12) Who is currently on probation for a driving offense
or offenses.
5.15.130 Liability Insurance. (A) No tow truck
certificate shall be issued under this Chapter, nor shall
such certificate be valid after issuance, nor shall any tow
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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 certificate holder, 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 the
certificate of public convenience. Satisfactory evidence
that such insurance 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 certificate holders required
to provide such insurance under the provisions of this
Chapter.
(C) Every insurance policy required hereunder shall
contain a provision for a continuing liability thereunder
to the full amount thereof, notwithstanding 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 nonpayment of
premium, failure to renew certificate at the end 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.
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(D) Every insurance policy required hereunder shall
extend for the period to be covered by the certificate
applied for and the insurer shall be obliged to give not
less than ten (10) days' written notice to the License
Divison 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 certificates 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.
5.15.140 Grounds for Revocation. The contractual
agreement s hall., be subject to cancellation or revocation
by the City Council either as a whole or as to any person
or vehicle described therein. The contract holder shal l—
be given five (5) days' notice to appear before the City
Council to show cause why the contract should not be
revoked or cancelled for any of the following reasons:
(1) Nonpayment of any City business license fees or
other fees provided in the contract or by the Newport
Beach Municipal Code;
(2) Breach of any rules, regulations, or conditions
set forth in the contract or the Newport Beach Municipal
Code;
(3) For the violation of any of the laws.of the State
of California or of the City with respect to the operation
of the business by the contract holder, or repeated viola-
tions by operators, attendants, or vehicles covered by the
contract;
(4) For failure to maintain a satisfactory level of
service to the police or public;
(5) For failure to keep any such vehicle in safe
condition and good repair;
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lJ
(6) For failure to use distinctive coloring,
monogram, or insignia;
(7) For any deviation from the schedule of rates
set forth in the contract;
(8) For any cause which the City Council finds
makes it contrary to the public interest, convenience,
necessity, or general welfare for the contract to
continue.
5.15.150 Suspension. Any certificate or permit
granted under the provisions of this Chapter may be suspended
by the Chief of Police for a period up to sixty (60) days
for any violation of this Chapter."
SECTION 2. This ordinance shall be published once in
the official newspaper of the City, and the same shall become
effective thirty (30) 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 29th
day
of
May
, 1979,
and was
adopted on the
11th
day
of
Tune
, 197 ,
by the
following vote,
to wit:
AYES, COUNCILMEN g3,rknff,_Williams, Hart_
Heather, Hummel & Strauss
NOES, COUNCILMEN
ABSENT COUNCILMEN McInnis
ATTEST:
ity Clerk
CERTIFIED AS THE ORIGINAL AND
CERTIFIED AS TO FUn;CATION
PASEJUN 1--5/' 979
C
.................. .. ... ......
n CLERK OF THE CI OF NEWPORT 494 -13-
DDO /kb
12/4/78