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HomeMy WebLinkAbout1809 - Tow Truck RegulationsORDINANCE NO. 1809 AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 5.13 TO THE NEWPORT BEACH MUNICIPAL CODE ENTITLED "TOW TRUCK REGULA- TIONS" The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. Chapter 5.13 is added to the Newport Beach Municipal Code to read as follows: Sections 5.13.010 5.13.020 5.13.030 5.13.040 5.13.050 5.13.060 5.13.070 5.13.080 5.13.090 5.13.100 5.13.110 5.13.120 5.13.130 5.13.140 5. 13.150 5.13.160 5.13.170 5.13.010 "CHAPTER 5.13 TOW TRUCK REGULATIONS Definitions. Certificate of Public Convenience . and Necessity. Exceptions. Application for Certificate. Filing Fee. Public Hearing - Notice of Hearing. Issuance of Certificate. Form of Certificate. Duration of Certificate. Periodic Inspection. Grounds for Revocation. Transfer of Certificate. Public Liability Insurance. Rates.for Tow Truck Service. Attendant's-or Operator's Permit Required. Suspension. Standard Rules of Operation. Definitions. (A) TOW TRUCK 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, tow bar, tow line, or dolly, or is otherwise used to render emergency assistance to other vehicles. (B) ATTENDANT or OPERATOR means a trained and /or quali- fied individual responsible for the operation of a tow truck and %or storage lot. 4/6/79 • i • 5.13.020 Certificate of Public Convenience and Necessity. No person shall operate any tow truck or offer to provide tow truck services on the streets of the City without first having obtained a certificate of public con- venience and necessity in accordance with the requirements of this Chapter. 5.13.030 Exceptions. The requirements of this Chapter shall not apply to: (A) Official'police tow truck operators; (B) Tow truck operators who are rendering assistance in the case of a major catastrophe or emergency which the official police tow truck operators are inadequate or unable to handle. (C) Tow truck operators not operating in the City but who are called upon to tow vehicles from outside City boundaries and deposit said vehicles in the City. 5.13.040 Application for Certificate. An appli- cation for a certificate of public convenience and necessity to operate a tow truck service shall be filed with the Finance Director upon forms provided by the City, which shall be verified and shall contain the following information: (A) The name, business address, and business telephone number of the applicant. (B) If the applicant proposes to conduct business under a fictitious name, the application shall state the name, address, and telephone number of each person owning a financial interest in the business. (C) The name, address, and telephone number of the person or persons who will have general-management responsibility for the applicant's business. (D) A financial statement prepared by a certified public accountant showing the financial status of the -2- 4/6/79 applicant during the past two years preceding the application. (E) A statement of the experience of the principals in the business of operating a tow truck service. (F) The year of manufacture, make, model, vehicle identification number, and state license number of each tow truck which the applicant proposes to use in the operation of its business. (G) The addresses and a description of the facilities at each fixed location which applicant proposes to use in connection with its operation. (H) Any facts which the applicant believes tend to prove that the public convenience and necessity requires the granting of a permit to the applicant. (I) A complete schedule of fees which the applicant proposes to charge for its services. (J) A description of the color scheme, monogram, advertising, or other distinguishing characteristics to be used to designate the applicant's tow trucks. (K) Tow rate schedules for the following: (1) Standard tow rate (a) Accident; day and night (b). Storage; day and night (2) Dolly (3) Motorcycle (4) Remove and replace drive shaft (5) Roll -over or winching (6) Hourly rate for extended service (7) Open after hours for releasing of vehicles (8) Storage rates* (a) Inside; cars and trucks (b) Outside; cars and trucks *Daily storage fees are for a 24 -hour day from time of tow. (L) Such other information as the Finance Director may reasonably require. -3- 1/10/79 5.13.050 Filing Fee. An application as required by this Chapter shall be accompanied by a filing fee as established by resolution of the City Council, plus an additional amount as established by resolution of the City Council for each tow truck which applicant proposes to operate within the City, to cover the administrative cost to the City of processing the application. hearing. 5.13.070 Issuance of Certificate. After considera- tion of all evidence which it deems relevant, at the public hearing, the City Council shall determine whether to issue or deny the requested certificate of public convenience and necessity. In reaching a decision, the City Council shall -4- 5.13.060 Public Hearing - Notice of Hearing. (A) Upon the filing of a completed application for a certificate of public convenience and necessity to operate a tow truck service, the Finance Director shall refer the application to the Chief of Police and other appropriate City departments for an investigation and report. The Finance Director shall also refer the application to the City Clerk who shall set a time and date for a public hearing, at which time the City Council will consider the application. The CityClerk shall schedule said hearing on the agenda for the first available regular Council meeting occurring not less than thirty (30) days following the date on which the application is submitted. (B) Notice of the hearing shall be published in the official newspaper of the City at least once, not less than ten (10) days prior to the date scheduled for the hearing. In addition, written notice shall be given to each person holding a certificate for the operation of a tow truck service, at least ten (10) days prior to the date of the hearing. 5.13.070 Issuance of Certificate. After considera- tion of all evidence which it deems relevant, at the public hearing, the City Council shall determine whether to issue or deny the requested certificate of public convenience and necessity. In reaching a decision, the City Council shall -4- consider the following factors: (A) Whether the applicant is qualified on the basis of moral character, experience in the tow truck business, and financial responsibility; (B) Whether the number of tow trucks already operating within the City is adequate to meet the public needs; (C) The probable effect that approval of the application would have on the level and quality of service available to the public; (D) Whether the facilities, personnel, and equipment which the applicant proposes to use are adequate. (D) Reasonableness of fees and charges. 5.13.080 Form of Certificate. I£ the City Council determines that the public convenience and necessity requires the proposed tow truck service, a certificate -' authorizing such service.shall be issued to the applicant. In granting a certificate, the City Council may specify the number of tow trucks that may be operated pursuant to said certificate and the certificate shall contain a description of each tow truck which the certificate holder will be permitted to operate within the City. A certificate shall not be issued to any person -who shall not have fully complied with all the requirements of this Chapter and the California Vehicle Code. 5.13.090 Duration of Certificate. A certificate of public convenience and necessity for the operation of a tow truck service issued pursuant to this Chapter shall be valid for an indefinite period of time unless such certificate is suspended or revoked. -5- 4/6/79 "5.13.100 Periodic Inspection. Subsequent to the issuance of a certificate of public convenience and necessity pursuant to this Chapter, the Chief of Police shall cause.to be inspected each licensed tow truck, its equipment, and the premises of the certificate holder whenever the Chief of Police deems such inspection to be necessary, but in any event at least once each year. 5.13.110 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, after five (5) days' notice to the certificate holder requiring 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: (A) For the nonpayment of any City business license or other fees provided by Title 5 of the Newport Beach Municipal Code; (B) Breach of any rules, regulations or conditions as set out in the Newport Beach Municipal Code or the certificate; (C) 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; (D) 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 as approved by the City Council; (E) For any cause which the City Council finds which makes it contrary to the public interest, con - venience, necessity or general welfare for the certi- ficate or permit to be continued. 5.13.120 Transfer of Certificate. No certi- ficate issued pursuant to the provisions of this Chapter shall be transferable, either by assignment, sale, hypothecation, operation of law, or otherwise, without the permission of the City Council having been first obtained. Application for transfer of any certificate shall be subject to the same terms, conditions and requirements as in an application for an original certi- ficate. In approving the transfer of an existing certi- ficate, the City Council may impose such conditions as it may determine are in the public interest. 5.13.130 Public Liability Insurance. No holder of a certificate to operate a tow truck service shall drive or operate a tow truc, or cause the same to be driven or operated, in the City unless there is on file with the City Clerk, and in full force and effect at all times while such tow truck is being operated, a policy of insurance approved by the City Attorney and the City Manager, evidencing that the certificate holder is insured under a policy of liability insurance providing minimum coverage for death or injury of one person, death or injury of two or more persons, and damage to property in the amounts satisfactory to the City Manager. Said policy shall further provide that the City shall be -given thirty (30) days' written notice of any cancellation, termination, or change in the amount of such insurance coverage. Failure of any certificate holder to maintain the insurance required by this section shall -7- 4/6/79 constitute grounds for revocation of its certificate of public convenience and necessity. 5.13.140 Rates for Tow Truck Service. Each holder of a certificate of public convenience and necessity for the operation of a tow truck service shall file with its application for a certificate a proposed schedule of rates to be charged for the transportation of vehicles by all tow trucks operated by said certificate holder as provided in Section 5.13.040(8) of this Chapter. After approval by the City Council, said rates shall not be changed or modi- fied in any manner without the prior approval of the City Council. No certificate holder shall charge rates other than those so approved. The City Council may on its own motion hold a hearing at any time for the purpose of determining whether previously approved rate structures are established ' at a level which will result in a reasonable degree of competition among the certificate. holders operating within the City, provide a fair return to said certificate holders on their investments, and provide a high quality tow truck service to the public. Prior to changing any schedule of rates previously approved for an existing certificate holder, the City Council shall hold a public hearing after giving ten (10) days' prior written notice to all certificate holders and /or applicants, and publication of said proposed rate changes in the official.newspaper of the City at least once, not less than ten (10) days prior to the date of said hearing. Every certificate holder shall post in a conspicu- ous 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. 5.13.150 1. Attendant or Operator's Permit Required. Application: No person shall drive or operate any �� 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 by resolution of the City Council. Applicant for attendant 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 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 safely; 6. Who is not of good moral character; 7. Who cannot speak the English language; 8. Who does not hold a'valid vehicle driver's license issued by the Department of Motor Vehicles of the State of California; 9. Who is on probation for any offense or offenses arising out of a violation of the California Vehicle Code; 10. Who is not sufficiently acquainted with the laws or ordinances regulating the operation of motor vehicles; 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; -9- 1/10/79 12. Who falsifies the application for said permit. 5.13.160 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. 5.13.170 Standard Rules of Operation. (A) Each towing company shall comply with Section 27907 of the California Vehicle Code regarding signs on tow trucks. (B) All owners of towing companies shall conduct their business in an orderly, ethical, business -like manner and use every means to obtain and keep the confidence of the motoring public. (C) The owners of towing companies shall be responsible for the acts of their employees while on duty and shall be responsible for damage to vehicles while in their possession. (D) Storage lots shall be located within a reasonable distance of the Newport Beach Police Department as established by the City Council in the certificate of public convenience and necessity and shall be enclosed by a fence at least six (6) feet in height. (E) There shall be an attendant on call and available for release of vehicles to the public twenty -four (24) hours a day, seven (7) days a week. (F) If, prior to leaving the scene from which a vehicle is being towed, the owner or person in control of the vehicle arrives and properly identifies himself, the tow truck operator shall disconnect and release the vehicle to said person, and a fee of not more than $10.00 can be 46 charged to cover cost of responding. (G) It shall be unlawful for a tow truck operator, as a result of monitoring the police radio frequency, to respond to 'no preference' requests for tow service. The official -10- police tow truck service shall be used to respond to a 'no preference' tow request. (H) A tow truck operator shall not tow vehicles from property posted 'private property' unless the owner or person lawfully in control of said property is physically present to designate the unlawfully parked vehicle to be towed. (I) A tow truck operator shall not depart with the vehicle to be towed until all necessary forms required by law are completed and the person authorizing the tow has notified the Newport Beach Police Department of the towing of the vehicle and the property is properly posted, as required by California Vehicle Code Section 22658(a). (J) A tow truck operator shall not tow vehicles or render service for a citizen until first having informed the person in writing of the charges that will be incurred, the location where the vehicle will be taken, and displays proof of a valid Newport Beach business license if the citizen so demands. (K) A tow truck operator shall not interfere with any police officer or other duly constituted authority at the scene of a traffic accident." SECTION 2. This ordinance shall be published once in the official newspaper of the City, and the same shall be effective thirty (30) days after the date of its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 29th day of May , 1978, and was adopted on the 11th d of June 1978, by the following vote, to wit: RTfffEE NF OR! , ;NAt AND, CERTIFIED AS TO FUCti4A.TJON '` AYES, COUNCILMEN Eyckoff, _ Williams. Hart DATE JU ; 1 J 1919 HPathpr, Strauss Ht=Mel HE C NOES, COUNCILMEN FAC4 McInnis 917 ATTEST: AB$ T COUN MEN City Clerk MAYOR DDO /kb -11- 12/1/78