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HomeMy WebLinkAbout93-4 - Amending Sections 5.13.020, 5.13.040, 5.13.070, 5.13.100, 5.13.150 and 5.13.160 of Chapter 5.13 and Sections 5.15.020, 5.15.040, 5.15.070, 5.15.0800 5.15.100, 5.15.110 and 5.15.120, and Adding Section 5.15.095 to Chapter 5.15 of the Newport Beach• • ORDINANCE NO. 93 -4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 5.13.020, 5.13.040, 5.13.070, 5.13.100, 5.13.150 AND 5.13.160 OF CHAPTER 5.13 AND SECTIONS 5.15.020, 5.15.040, 5.15.070, 5.15.0800 5.15.100, 5.15.110 AND 5.15.120, and adding SECTION 5.15.095 TO CHAPTER 5.15 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO OPERATION OF TOW TRUCKS AND OFFICIAL POLICE TOW SERVICES. The City 'Council of the City of Newport Beach does hereby ordain as follows: SECTION 1: Sections 5.13.020, 5.13.040, 5.13.070, 5.13.100, 5.13.150 and 5.13.160 of Chapter 5.13 of the Newport Beach Municipal Code are hereby amended to read: 5.13.020 Certificate of Public Convenience and Necessity 5.13.040 Application of Certificate 5.13.070 Issuance of Certificate 5.13.100 Periodic Inspection 5.13.150 Attendant or Operator's Permit Required 5.13.160 Suspension - Revocation 5.13.020 Certificate of Public Convenience and Necessity. No person shall operate any tow truck or offer to provide tow truck services in the City of Newport Beach without having obtained a certificate of public convenience and necessity in accordance with the requirements of this chapter. 5.13.040 Application of Certificate. An application 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, date of birth, driver's license number, 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 -1- 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 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 of 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) Rate schedules for the following: (1) Standard tow rate (a) Accident; day and night (b) Storage; day and night (c) Motorcycle • (2) Dolly (3) Motorcycle (4) Remove and replace drive shaft (5) Roll -over or winching (6) Hourly rate for extended service -2- (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. 5.13.070 Issuance of Certificate. After consideration of all information provided, the City Council shall at a public hearing, determine whether to issue or deny the requested certificate of public convenience and necessity. 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 tow truck business, and financial responsibility; (B) Whether the applicant is able to provide the number of • tow trucks 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, and meet applicable Municipal and State requirements of law. (E) Reasonableness of fees and charges. 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. In lieu of an annual inspection by the Chief of Police, the City may accept evidence of successful completion of the annual tow -3- truck inspection by the California Highway Patrol of any licensed tow truck. 5.13.150 Attendant or Operator's Permit Required. A. Application: No person shall engage in, manage or operate a towing operation or operate a tow truck in the City without first • obtaining an operator's permit from the City Manager. Any person desiring to obtain an operator's permit shall make a written application therefore to the City Manager accompanied by a fee as established by resolution of the City Council. An operator's permit shall not be issued to any person: 1. Under the age of 18 years; 2. Who is not legally eligible for employment in the United States; 3. Who, with in a period of ten years immediately preceding such application, has been convicted of a felony involving theft, fraud, sexual crime, or violence; 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 does not hold a valid vehicle driver's license issued by the Department of Motor Vehicles of the State of California; 6. Who is on probation for any offense or offenses arising out of a violation of the California Vehicle Code; 7. Who within a two -year period preceding such application has been convicted of a misdemeanor involving theft or fraud, or • who, as an adult, has twice been convicted of said offenses; 8. Who fails to complete or falsifies any information in the application for the permit. B. Notification of Decision. The City Manager, or his delegate, shall approve or deny the application and notify the QC applicant by mail of the decision not later than sixty (60) days from the date of receipt of a completed application. No application shall be considered complete until all forms have been completed and submitted, fees paid, and the applicant has been photographed and fingerprinted. C. Pending the completion of the investigation of an applicant, the City Manager may grant a L-empc -- _y operator's permit to a person who has completed application and holds a valid driver's license. The temporary permit shall automatically expire sixty (60) days from the date it was issued, or upon written notification to the applicant of the decision to deny a permit. D. Identification Card. The operator of a tow truck shall maintain an identification card posted in full view in the tow truck operated by him or her. The identification card shall be issued by the Revenue Division, and shall contain the name of the operator, the business name of the employer, the permit number, driver's license number and the operator's photograph. E. Term - Renewal. All operator's permits shall expire on the last day of the twelfth (12th) month following its issuance. Applications for renewal shall be made with the Revenue Division on or before the first day of the month in which the permit expires. The fees for renewal shall be as established by Resolution of the City Council. All holders of valid operators permits with no expiration date shall apply for and obtain a new permit in compliance with the provisions of this Chapter on or before July 1, 1993. 5.13.160 Suspension - Revocation. A. Suspension - Revocation. The City Manager, or his delegate, may revoke or suspend any operator's permit for any • violation of the provisions of this Chapter. B. Appeal. In the event of a refusal to issue a permit, revocation or suspension of any permit by the City Manager, or his delegate, the applicant or permittee may, within fifteen (15) days from written notification of such a decision, appeal in writing to -5- the City Council, which may in its discretion affirm, reverse or modify the decision made by the City Manager or his delegate. The City Council may preside over the hearing on appeal or, in the alternative, appoint a hearing officer to conduct the hearing, receive relevant evidence and to submit to the City Council • findings and recommendations to be considered by the City Council. Such a hearing shall be conducted within sixty (60) days from the date of filing of the appeal. The City Council of the City of Newport Beach shall render its decision within forty -five (45) days from the date on which the City Council receives the findings and recommendations of the hearing officer. The decision of the City Council shall be final. SECTION 2: Sections 5.15.020, 5.15.040, 5.15.070, 5.15.080, 5.15.100, 5.15.110 and 5.15.120 of Chapter 5.15 of the Newport Beach Municipal Code are hereby amended & Section 5.15.095 is hereby added to Chapter 5.15 to read: 5.15.020 Definitions. 5.15.040 Tow Truck Service Specifications. 5.15.070 Issuance of Certificate 5.15.080 Agreements. 5.15.095 Franchise Fee. 5.15.100 Standards for Tow Truck Equipment. 5.15.110 Standard Rules of operation. 5.15.120 Attendant or Operatorls Permit Required. 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) "Revenue Division" means the Newport Beach City Revenue ® Division of the Finance Department. (E) "Director of Finance" means position appointed by the City Manager and his charge of the administration of the financial affairs of the City. 5.25.040 Tow Truck Service Specifications. The City Clerk shall be authorized to advertise for bids. Notice inviting bids shall be published in the official newspaper at least ten (10) days before the time for opening bids. Notice 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 obtained from the Finance Department. The bid proposal shall be consistent • with the tow truck service specifications, contain information indicating compliance with Section 5.15.100 of this Chapter, and provide a tow rate schedule for the following: (A) Standard tow rate (1) Accident; day and night (2) Stored /Impound; day and night (3) Motorcycle (B) Dolly (C) Motorcycle (D) Remove and replace drive shaft (E) Roll -over or winching (F) Hourly rate for extended service (G) Open after business hours for releasing vehicles • (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. -7- (I) Heavy Duty /Flatbed (J) Extra Heavy Duty Tow (K) On Site Release 5.15.070 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; (C) Reasonableness of fees to be charged for service and willingness to release vehicles 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. (E) Whether the facilities, personnel, and equipment which the applicant proposes to use meet applicable Municipal and State requirements of law. 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 C2:C said certificate holder an approved rate schedule in a form and location approved by the Chief of Police. The rate schedule will automatically be adjusted on its anniversary date based on the percentage change in the cost of doing business as measured by the United States Department of Labor, Bureau of Labor Statistics, • Consumer Price Index, for All Urban Consumers for the Los Angeles - Long Beach Area, All Items, (1967 =100) for the preceding twelve (12) months. The City may review and revise the fee schedule by mutual agreement at any time upon a finding that a rate adjustment is justified and is in the public interest. The term of official police tow truck service agreements shall be five (5) years. Any official police tow truck operator whose service agreement with the City will expire or has expired may bid on subsequent official police tow truck notices inviting bids. 5.15.095 Franchise Fee. The Official Police Tow Service shall pay quarterly to the City during the term of the Agreement, a fixed percentage of the gross receipts of the service. The percentage shall be at least ten percent (10 %). Terms and provisions for payment of the fee shall be established by the City Council in the Agreement set forth in Section 5.15.080. The Official Police Tow Service operators shall annually provide the City an audited income statement of the Official Police Tow Services. 5.15.100 Standards for Tow Truck Equipment. (A) Official police tow services must have at least eight (8) rigs of one (1) ton capacity with rear -dual 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. MM (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 1/211) 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) At least one (1) truck to be equipped as a minimum sixteen (16) ton capacity wrecker. Said truck must also be equipped with a minimum of three hundred (300) feet of not less than one -half inch (1/211) 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 (6' 411). (G) Flat bed trucks shall be acceptable for police tow requests, provided that no flat bed tow truck rate shall be imposed unless the flat bed truck was specifically requested. •(H) Trucks must be equipped with red flares, lanterns or reflectors, hand tools, crow bar, rope, broom, shovel, fire - extinguisher (dry chemical type - minimum 10 B.C.), portable red taillight and stop light for towed vehicles, equipment for opening locked vehicles, safety chain, five (5) pounds of an approved -10- absorbent, and a two (2) ton capacity hydraulic floor jack. Each tow company shall have at least one (1) set of dollies readily available at all times and at least one (1) truck capable of responding to a call within enclosed parking structures with a clearance of not more than six feet, four inches (6' 4 "). • 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 attendant 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 8:00 a.m. to 6:00 p.m. , seven (7) days a week from June 15 through September 15 and Monday through Friday from September 16 through June 14. No • storage fee may be charged if the vehicle had been stored for less than twelve (12) hours. No after hours release fee shall be imposed between the hours of 7:00 a.m. and 7:00 p.m. 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. (F) Vehicles impounded by the police for special -11- I investigation, 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. (G) 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. • (H) All towing company's records, equipment, and storage facilities will be subject to periodic checks by Police Department investigators. (I) 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 ". (J) 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 City examination. An electric timeclock shall be maintained for this purpose. (K) All official police towing services shall submit a monthly report to the Chief of Police and Director of Finance, 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); (6) Names and addresses of buyers and description of vehicles when sold; (7) Number of calls answered in which time beyond one -12- hour was required to handle. (L) All tow trucks shall be radio - equipped. (M) Storage lots shall be properly fenced (at least six feet [61] high) to maintain a maximum of security for stored and impounded vehicles. A minimum of 1000 square feet of inside storage for vehicles shall be provided. • (N) Storage lots shall be located within ten (10) miles of the Newport Beach Police Department. (0) An official garage shall not proceed with any repair work on a vehicle or place any charges against a vehicle other than those required for removal from the street and storage unless authorized by the owner or his designated agent. (P) Official garages when disposing of unclaimed vehicles shall abide by all Civil Code sections pertaining thereto. (Q) 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. Vehicle release fees shall be as established by Resolution of the City Council. (R) A towing company may charge a lien sale fee as provided by resolution and may begin lien sale proceedings after five (5) days of storage. 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 as provided in Chapter 5.13. SECTION 3: That if any section, subsection, sentence, validity or constitutionality of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, clause or -13- or phrase of this Ordinance is for any reason, held to be •clause invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, clause or -13- phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 4: The Mayor shall sign and the City Clerk shall •attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper of 0 the City, and it shall be effective thirty (30) days after its adoption. SECTION 5: This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 12th day of April , 19 93, and adopted on the 26th day of April , 1993, by the following vote, to wit: AYES, COUNCILMEMBERS HEDGES, SANSONE, WATT. TURNER. HART. COX. DERRY NOES, COUNCILMEMBERS NONE ABSENT COUNCILMEMBERS NONE MAY R ATTEST: aw . CITY CLERK gr /ordin /towtruck.ord • -14- i '•vi 'Pofxt �