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HomeMy WebLinkAboutResolution No. 5651RESOLUTION NO. 5651 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ESTABLISHING ADMINISTRATIVE GUIDE- LINES FOR POLICE ROTATION TOWING WHEREAS, the City of San Rafael wishes to establish a police rotation towing list due to increased interest by tow com- panies; and WHEREAS, the list will consist of that number of local tow companies necessary to accomplish City towing needs and to effect greater service flexibility; and WHEREAS, administrative guidelines that will maintain sufficient quality of services provided are attached hereto and incorporated herein as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael that the police rotation tow list is established and the administrative guidelines are adopted. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, California, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the SECOND day of APRIL, 1979, by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None A. EANNE M. LEONCINI, City Clerk OR I G- N A L s� EXHIBIT "A" . POLICE ROTATION TOWING STANDARDS AND ADMINISTRATIVE GUIDELINES Section 1. Purpose. The City Council finds that it is in the public interest that rotation towing services be established for the purpose of providing the Police Department with an expeditious means for moving damaged and disabled vehicles from the streets and highways of the City, and for removing abandoned vehicles, illegally parked vehicles and those vehicles that must be moved for safe keeping. Section 2. Definitions. (A) "Chief" means the Chief of Police of the City of San Rafael Police Department. (B) "Department" means the City of San Rafael Police Department. (C) "Operator" means any person, firm or corporation licensed as a tow car business by the City of San Rafael and further issued a permit by the Chief to engage in the business of towing vehicles in the City of San Rafael. (D) "Tow" or "Towing" as used herein is the act or business of moving damaged or disabled vehicles, the removal of abandoned vehicles, illegally parked vehicles and vehicles that must be moved for safe- keeping, when such moving or removal is directed or requested by the Department. Police Rotation Towing Standards and Guidelines Page 2 Section 3. Application for Permit. An application for placement on the Police Rotation List shall be in writing, executed under penalty of perjury, and filed with the Chief of Police along with a deposit for fees as provided. Such applica- tion shall contain the following: (A) Full name and identification of the applicant and all persons who will be financially interested, whether directly or indirectly, in the towing business. (B) The residence, business address and citizenship of the applicant, including all members of any firm or partnership. If applicant is a corporation, the same information for all officers and directors and the same information for any shareholder who owns twenty percent (20%) or more of the voting stock of the corporation. (C) Fingerprints of the persons described in (B) above. (D) The name under which the business is to be operated. (E) Whether the applicant or any person financially interested in the application has had a permit to tow motor vehicles suspended or revoked in any other jurisdiction and, if so, the circumstances of such suspension or revocation. Police Rotation Towing Standards and Guidelines Page 3 (F) A complete description of the vehicle or vehicles proposed to be operated, including the number, manufacture, license, horsepower, descrip- tion of the hoist, its capacity as to weight and type of vehicle capable of hoisting and towing. (G) Color scheme and characteristic insignia used to designate the vehicle of the owner. (H) Radio equipment available to the vehicle and to the dispatching office setting forth call let- ters, wattage, and range. (I) A current certificate of state approved testing station certifying as to adequate brakes and headlights. (J) Names, addresses and positions of all employees. (K) Evidence to show applicant's ability to comply with Section 12 (Rules and Regulations applicable to all permits) and Section 13 (Performance Standards). Police Rotation Towing Standards and Guidelines Page 4 Section 4. Referral to Chief of Police. Upon receiving the application, the Chief of Police shall conduct an investigation thereon. Within thirty (30) days after the filing of owner's appli- cation, the Chief of Police shall either grant or deny the application for the permit. If the Chief of Police denies the application, such denial shall be based on whether or not the Chief of Police finds that public necessity and convenience exists. In determining whether public necessity and convenience exists, the Chief of Police may take into consideration: (1) The business experience and financial responsibility of the applicant. (2) Whether or not other persons or towing operation under permit are rendering sufficient and adequate service to the City. (3) Whether the applicant has demonstrated a sound and competent pattern of serv- ice within the community. Section 5. Appeal. Any person whose application is disapproved by the Chief shall have the right to appeal from such dis- approval to the City Manager. Such appeal shall be taken by filing with the City Manager a notice of such appeal no later than ten days after the mailing Police Rotation Towing Standards and Guidelines Page 5 of the notice of disapproval by the Chief. The appeal shall be heard by the City Manager within fifteen days from and after applicant filed his notice of appeal. The City Manager may overrule or affirm the action taken by the Chief. If the City Manager overrules the Chief, he shall thereupon issue the permit to the applicant. The City Manager shall write his findings and submit them to the applicant within ten days of his decision. If the applicant disagrees with the findings and determina- tion of the City Manager, he has a further right to file an application of appeal to the City Council by filing said notice of appeal with the City Clerk within ten days from his notification. Section 6. Contents of Permit. If such permit is granted, it shall contain the following provisions: (a) The name of the operator. (b) The term for which the permit is granted. (c) A brief description of each vehicle which the permittee is permitted to operate. (d) Such conditions or additional matters as the Council may deem necessary or proper. (e) A place for the signature of the operator, under the statement that he accepts the permit subject to its terms and all of the provisions of this Resolution. Police Rotation Towing Standards and Guidelines Page 6 Section 7. Insurance and Bond. No permit shall be granted to any person unless such person shall have first given and filed with the Police Department certificates of insurance and bond as follows: (A) Public liability insurance with minimum limits of $100,000/$300,000, or $300,000 single limit or its equivalent. (B) Liability insurance that covers loss by fire, theft, negligence and malicious mischief within the tow operator's garage with minimum limits of X500,000. (C) Said certificates of insurance shall provide ten (10) days prior notice to City in the event of cancellation or modification. (D) Cash or a bond in the amount of five hundred dollars ($500.00) conditioned upon the faithful performance of all towing services. Such bond shall be for the benefit of the City or any person or persons who have suffered damages as a result of the operator's failure to perform as may be determined by the court of competent jurisdiction. Said bond shall be maintained at five hundred dollars ($500.00). One year after the expiration or termination of the permit, any amount of bond held by the City shall be returned to the operator. Police Rotation Towing Standards and Guidelines Page 7 Section 8. Business License Fees. Notwithstanding the provisions contained in this Resolution, the operator shall, unless exempt herefrom, procure a City Business License. Section 9. Term of Permit A permit issued pursuant to this Resolution shall be for a calendar year and signed by the Chief. Such permit shall be posted conspicuously in the owner's principal place of business. A duplicate copy of the permit shall be carried in each tow vehicle. Such permit shall expire on the 31st day of December in the year it was issued. Section 10. Renewal of Permit. Said permit may be renewed annually by the operator filing an application with the Chief of Police, describing any changes in the original application. If there are no material changes, the Chief of Police shall renew the permit. In the event there are material changes, the renewal application shall be considered as a new application and it shall be processed as herein provided. Section 11. Transfer of Permit. Permits as herein descibed are nontransferable. Police Towing Franchise Page 8 Section 12. Rules and Regulations Applicable to Operator. A towing permit as herein described shall be subject to the following conditions: (A) That operator shall be subject to call by the Department for the performance of towing service upon a 24-hour a day basis. The response time to a call shall be set at a maximum of fifteen (15) minutes. (B) The operator has and will keep and maintain towing equipment which is adequate and sufficient to perform such towing service in a reasonable, workmanlike manner. (C) The operator will charge for towing and storage services authorized by the Department and rendered upon its call at fees established by the City Council of the City of San Rafael from time to time by Resolution. (D) The operator shall furnish an itemized statement for towing and storage charged to all persons receiving said services. (E) That the operator shall provide for a storage lot(s) or area(s) enclosed by a fence affording maximum possible security to impound vehicles and shall maintain said lot(s) or area(s) in a condition which minimizes safety hazards to persons having authority and duty to be in such lot(s) or area(s). Such lot(s) or area(s) shall be located within the City of San Rafael. Lot(s) shall have storage facilities as follows: (a) Enclosed storage for a minimum of 3 cars, (b) Outside storage for a minimum of 30 cars. Police Rotation Towing Standards and Guidelines Page 9 (F) The operator, by accepting the permit and operating thereunder, agrees to indemnify and hold the City harmless from any of the acts of the operator that are performed pursuant to said permit. (G) The operator shall have a minimum of five (5) trucks for towing of vehicles available on a 24 hour basis. Said trucks shall be capable of towing motor- cycles, trucks over one ton capacity and vehicles equipped with locking air brakes. A minimum of one truck used for towing vehicles over one ton shall be equipped with an air brake -line device, commonly referred to as a "GLAD-HAND", or its equivalent. (H) Every truck used for towing passenger cars and small trucks will be equipped with towing "DOLLYS". (I) Tow trucks shall be equipped with two-way radio communications with a corresponding base station at the garage and answering service, therefore providing 24-hour capability. (J) Change in ownership or management of an operator shall be grounds for review of the permit by the Chief. Police Rotation Towing Standards and Guidelines Page 10 Section 13. Performance Standards. (A) The operator shall clean the debris from the roadway at the scene of an accident. Removal of debris from the scene will be the responsibility of the tow operator. (B) Responsibility for any damage incurred to persons, property or vehicles from debris left at a place from where a vehicle was towed, will be borne by the operator. (C) All towed vehicles shall be towed directly to the designated storage area and shall be kept in such area until final disposition is made. (D) All vehicles towed at the request of the San Rafael Police Department shall be stored in the enclosed area provided by the operator unless directed otherwise by Police personnel. (E) Impounded vehicles shall be stored in a secure manner with windows closed and doors locked. (F) Vehicles accessories which are easily removed and which tend to attract pilferage such as tape decks, tapes, expensive hubcaps, etc., shall be removed from the towed vehicle, catalogued and secured within the building. Police Rotation Towing Standards and Guidelines Page 11 (G) The operator shall release stored vehicles only to the owner, or owner's authorized agent that has obtained a San Rafael Police Department vehicle release form. Tow companies shall have personnel available to release vehicles between 9:00 a.m. and 6:00 p.m., seven days a week. Provisions shall be made for the release of vehicles between 6:00 p.m. and 7:00 a.m. upon request by authorized police personnel. (H) Tow operators must provide a direct phone line from the Police Department to the company at the expense of the operator. (I) The operator shall maintain a log book at the place of business into which shall be recorded the following information: (1) Description, including made, model, vehicle identification number and license number of the towed vehicle. (2) Date and time of tow. (3) Location from which vehicle was towed. (4) List of accessories removed for security. (5) Name of person to whom vehicle is re- leased (or name of purchaser if vehicle is sold for lien). (6) Date of release. (7) Total fees charged. Said log shall be available for inspection by Police persc el. i Police Rotation Towing Standards and Guidelines Page 12 (H) The Police Chief or his designee shall be given access to all operator's records concerning fees levied for services according to any resolution adopted pursuant to Section 12(c) herein. Section 14. Non -Responsibility of City. Nothing herein contained will in any way authorize an operator to act as an agent or employee of the City of San Rafael. Nothing herein contained will or is intended to infer that the costs of towing service or storage is to be charged to or assumed by the City of San Rafael. An operator shall receive reimbursement for its services separate and apart from the City and its officers unless specifically approved in advance by the Chief of Police. Section 15. Suspension and Revocation of Permit and Appeal. The Police Chief may suspend a permit on the following grounds: (A) Upon a finding that an operator falsified any portion of its application. (B) Upon any failure of the operator to comply with the terms and provisions of this Resolution. (C) Upon an operator hiring and retaining in its employment a person convicted of auto theft or grand larceny. (D) That the operator has demonstrated occasions or a pattern of behavior, by or through agents or other- wise, that is inconsistent with or inimical to the City and its inhabitants. Police Rotation Towinq Standards and Guidelines Page 13 Such suspension shall be for a period not to exceed thirty (30) days provided that if no appeal is taken, the permit may be revoked. The operator may appeal the suspension by filing notice of appeal with the City Council within ten (10) days of suspension. The Council shall set the appeal for hearing within twenty (20) days. Ten (10) days notice of such hearing shall be given to the operator. After hearing, the Council may: (A) Terminate the suspension and direct the operator be reactivated. (B) Confirm the suspension but not revoke the permit. (C) Revoke the permit. (D) Any one of the above with conditions. Section 16. Exceptions. Nothing herein contained shall restrict or prohibit the owner or operator of a vehicle from calling and selecting a towing vehicle of his own choice. Section 17. Mutual Termination. Either the City of San Rafael or the operator may terminate the permit upon delivery to the other party of a 30 -day written notice of intent to termi- nate the permit. March 1979 B/2-13