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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 -2- 4/6/79 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 -3- 1/10/79 (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; -4- 1/10/79 (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 -5- 4/6/79 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 -5 (a) - 4/6/79 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). CM (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. -7- 6/11/79 (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. • • -7(a)- (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 -10- P� is • 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. -11- 1 I • (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; -12- 1/10/79 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