HomeMy WebLinkAboutOrdinance 1658 (Establish Rotation Towing Services)CLERK'S CERTIFICATE
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio Clerk of the
Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1658
entitled:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 10 OF THE SAN
RAFAEL MUNICIPAL CODE BY ADDING A NEW CHAPTER 10.85 ENTITLED "POLICE,
ROTATION TOWING SERVICES"
is a true and correct copy of an ordinance of said City and was introduced at a REGULAR
meeting of the City Council of the City of San Rafael, held on the 18th day of
JANUARY, 1994, published as required by City Charter in the MARIN INDEPENDENT JOURNAL , a
newspaper published in the City of San Rafael and passed and adopted as an ordinance of
said City at a REGULAR meeting of the City Council of said City held on the 7th
day of FEBRUARY. 1994, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official seal
of the City of San Rafael this
8th day of FEBRUARY, 1994.
JEAWE,M. LEONCINI, City Clerk
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ORDINANCE NO. 1658
AN ORDINANCE OF THE CITY OF SAN RAFAEL
AMENDING TITLE 10 OF THE SAN RAFAEL MUNICIPAL CODE
BY ADDING A NEW CHAPTER 10.85 ENTITLED
"POLICE ROTATION TOWING SERVICES"
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS:
DIVISION 1. Title 10, Businesses, Professions, Occupations,
Industries, and Trades, of the San Rafael Municipal Code, is
hereby amended by adding thereto a new Chapter 10.85 entitled
"Police Rotation Towing Services," which shall read in its
entirety as follows:
CHAPTER 10.85 POLICE ROTATION TOWING SERVICES
Sections:
10.85.010 Purpose
10.85.020 Definitions
10.85.030 Application for Permit
10.85.040 Referral to the Chief of Police
10.85.050 Appeal
10.85.060 Permit
10.85.070 Term of Permit
10.85.080 Renewal of Permit
10.85.090 Transfer of Permit
10.85.100 Suspension and Revocation of Permit
10.85.110 Fee Schedule
10.85.120 Operator Performance Requirements
10.85.130 Exceptions
10.85.140 Non Responsibility of the City
10.85.150 Hold Harmless
10.85.010 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 of moving damaged and disabled vehicles,
illegally parked vehicles, and vehicles that must be moved for
safe keeping and evidentiary purposes.
10.85.020 DEFINITIONS
A. CITY means the City of San Rafael.
B. COUNCIL means the City of San Rafael Council.
C. MANAGER means the City Manager of the City of San Rafael.
D. CHIEF means the Chief of Police of the City of San
ORIGINAL .16-5g
Raf ael .
E. DEPARTMENT means the City of San Rafael Police
Department.
F. OPERATOR means any person, firm, or corporation licensed
as a vehicle towing business by the City of San Rafael and
further issued a rotation tow permit by the Chief to engage
in the business of towing and storing vehicles in the City
of San Rafael.
G. TOW or TOWING is the act or business of moving damaged or
disabled vehicles, illegally parked vehicles, and vehicles
that must be moved for safe keeping or evidentiary purposes,
when such moving or removal is directed or requested by the
Department.
10.85.030 APPLICATION FOR PERMIT: An application for a permit
allowing placement on the police rotation tow list shall be
submitted in writing, executed under penalty of perjury, and
filed with the Chief. The application shall be submitted prior
to the time requirements provided herein. The application shall
contain the following:
A. The full name and identification of the applicant and
all people who will be financially interested, whether
directly or indirectly, in the towing business.
B. The residence and business addresses of the applicant
and all financially interested parties. If the
applicant is a corporation, the same information for all
officers and directors and the same information for any
shareholder who owns 20% or more of the voting stock of
the corporation.
C. The name under which the business will be operated.
D. Whether the applicant or any person financially
interested in the application has had a permit to tow
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motor vehicles suspended or revoked in any other
jurisdiction and, if so, the circumstances of such
suspension or revocation.
E. A complete description of the vehicles proposed to be
operated by the applicant. The information shall
include the manufacturer, year, license number, engine
horsepower, description of hoist, equipment, and its
towing weight capacity.
F. Color scheme and characteristic insignia to be used to
designate the vehicles of the applicant.
G. Current certificates from a state approved testing
station, not the applicant, certifying all safety
equipment on all towing vehicles. Certification from
the California Highway Patrol will satisfy this
requirement.
H. Names, home addresses, driver's license numbers, and
positions of all employees that will be involved in
towing, storing, and releasing vehicles.
I. 'The location of all proposed vehicle storage facilities.
J. Evidence in writing to show applicant's ability to
comply with all requirements of this rotation tow
ordinance.
10.85.040 REFERRAL TO THE CHIEF OF POLICE: Upon receiving the
application, the Chief shall conduct an investigation to
determine the applicant's qualifications to comply with the
provisions of this ordinance. Within thirty (30) days after the
filing of the permit application, the Chief shall either grant or
deny the permit application. If the Chief denies the
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application, the denial shall be based on the Chief determining
that the applicant fails to meet the requirements of this
ordinance. In determining whether the applicant meets the
ordinance requirements, the Chief may take into consideration any
or all of the following factors:
A. The business experience and financial responsibility of
the applicant.
B. Whether or not other operators under permit are
rendering sufficient and adequate service to the City.
C. Whether the applicant has demonstrated a sound and
competent pattern of service within the community.
This shall be measured by an evaluation of actual
performance of service, including formal or informal
complaints from the public or the City.
10.85.050 APPEAL: Any applicant whose application is denied by
the Chief shall have the right to appeal the denial to the
Manager. Such appeal shall be made by filing with the Manager a
Notice of Appeal no later than ten days after receiving a notice
of denial from the Chief. The appeal shall be heard by the
Manager, or designee, within thirty (30) days after the appeal is
filed. The Manager, or designee, may overrule or affirm the
action taken by the Chief. If the Manager, or designee,
overrules the Chief, the applicant shall be awarded a permit and
be placed on the rotation tow list. The Manager shall notify the
applicant of the decision within ten (10) days after the decision
is made. If the applicant disagrees with the decision of the
Manager, the applicant has a further right of appeal to the
Council. An appeal to the Council shall be filed with the City
Clerk within ten (10) days of receipt of notification of a denial
by the Manager. The Council will consider the appeal by the
applicant and render a decision. The decision of the Council
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will be final.
10.85.060 PERMIT: A permit granted to an applicant shall
contain the following provisions:
A. The name of the business and business owner.
B. The term for which the permit is granted.
C. A brief description of each vehicle which the permitee
is allowed to operate, including vehicle year, make,
model, and license number.
D. Such conditions or additional matters as the council may
deem necessary or proper.
E. A place for the signature of the contractor under the
statement that he accepts the permit subject to all the
terms and provisions of this municipal ordinance.
10.85.070 TERM OF PERMIT: A permit issued pursuant to this
ordinance shall be granted for one year, starting on July 1 of
each year and expiring on June 30 of the next year. The issued
permit shall be posted in the operator's place of business so
that a person may easily see the permit. A duplicate copy of the
permit shall be carried in each tow vehicle.
10.85.080 RENEWAL OF PERMIT: Said permit shall be renewed
annually by the operator by filing a renewal application with the
Chief. This application will describe any changes in the
original permit application. If there are no material changes in
the permit application and the operator has performed well during
the preceding year, the Chief may renew the permit. In the event
that there are material changes or there is evidence of poor
performance by the operator, the renewal application shall be
reviewed using the new application process.
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10.85.090 TRANSFER OF PERMIT: Rotation tow permits are non-
transferable.
10.85.100 SUSPENSION AND REVOCATION OF PERMIT: The Chief may
immediately suspend or revoke a permit on the following grounds:
A. Upon finding that an operator falsified any portion of
this application or has failed to include required or
important information on the application.
B. Upon failure of the operator to comply with any of the
terms and provisions of this ordinance.
C. Upon an operator knowingly hiring and/or retaining in
its employment a person convicted of any serious felony,
assault, theft, or sex related offense.
D. Upon the operator demonstrating misconduct or a pattern
of behavior, by or through agents or otherwise, that is
inconsistent with the goals of providing quality service
to the community or is not in the best interest of the
City or its inhabitants.
E. An order of suspension shall be for a period not to
exceed thirty (30) days.
F. If the operator does not agree with the suspension or
revocation the operator may file an appeal with the
Manager and the Council as outlined in section 5 of this
ordinance.
G. Upon appeal the Manager or Council may:
1) Confirm a suspension or revocation.
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2) Vacate or modify a suspension.
3) Vacate a revocation and impose a suspension or
reinstate the permit.
10.85.110 FEE SCHEDULE
A. The Council shall determine the fees that may be
charged by a permitted operator. The Department shall
make fee recommendations to the Council based on the
prevailing rate for like tow services in the San Rafael
area and the rates allowed by local law enforcement
agencies.
B. The Fee Schedule shall be reviewed and established
during the month of June of each year for the next
fiscal year.
10.85.120 OPERATOR PERFORMANCE REOUIREMENTS:
A. The operator shall maintain a City business license.
B. The operator shall file with the Department prior to
a permit being issued, and shall maintain during the
term of the permit, the following certificates of
insurance during the course of the permit term:
1) Public Liability insurance with minimal limits of
$1,000,000. The City shall be named as a
co-insured.
2) Liability insurance with minimal limits of
$1,000,000 that covers loss by fire, theft,
negligence, and malicious mischief within
the tow operator's garage and/or storage area.
3) The operators insurance company shall provide
thirty (30) days prior notice to the City in the
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event of cancellation or modification.
4) For new permitees or prior permitees who are
reapplying for new permit status, cash or a
performance bond in the amount of $1,000
conditioned upon the faithful performance of all
terms and conditions of this ordinance for one
year. 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 a court of
competent jurisdiction. Said bond should be
maintained at $1,000 at all times. After one year
of satisfactory performance as a permitee
the amount of bond held by the City shall be
returned to the operator.
C. The operator shall provide for all classes of police
initiated tow service, up to vehicles with a capacity
rating of up to one (1) ton. Operators who are placed
on the rotation tow list that have vehicles capable of
towing vehicles in excess of a one (1) ton capacity
shall be required to provide such tow services and will
be called upon by the City on an as needed basis.
These services shall be provided 24 hours per day, 7
days per week. This will include all State and Federal
holidays.
D. The operator shall provide for the removal of vehicles
from pre -designated tow -a -way zones in an expeditious
manner.
E. The operator shall provide a response time which is
immediate, but no longer than 20 minutes from the time
a tow request is initiated by the Department to the
operator. This response requirement will take into
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account adverse traffic conditions at the time of the
tow request. If a tow operator cannot respond within
20 minutes the operator shall notify the Police
Department immediately and arrangements made to
wait or call another tow operator. This response time
shall apply 24 hours per day, 7 days per week.
F. The operator shall clean and remove debris generated by
a vehicle collision (gas, oil, battery acid,
transmission fluid, glass, plastic, vehicle parts,
etc.). The operator shall not be responsible for the
spilled cargo of a commercial vehicle involved in a
collision. All cleaning and removal shall be completed
in compliance with Federal and State laws regulating
same. A fee surcharge will be allowed by the Council
to cover the cost of removal of hazardous materials by
the operator.
G. The operator shall be responsible for any damage
incurred by persons, property, or vehicles which is
caused by collision debris left at an accident scene by
the operator.
H. The operator shall provide for the storage of all
towed, stored, and/or impounded vehicles. The storage
area shall include an area that can store four (4)
standard size four- door sedans in a secure building
that will prevent unauthorized access to a towed
vehicle. The storage area shall be close enough to the
City to allow for a release to an owner/agent within
forty-five (45) minutes of the release request. The
release must be within the City limits of San Rafael.
The Department may require the operator to tow a
vehicle to a designated City facility. After the
Department has satisfied its need to have that vehicle
stored at the City facility, the operator may be
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required to tow the vehicle from the City facility to
the operator's storage facility, charging no more than
fifty percent of the standard towing rate.
T. Except as provided in sub -section ll.H, the operator
shall tow all vehicles directly to the operator's
storage area and keep them in such area until released
by an approved method. This may be modified by the
Department in extraordinary circumstances.
J. The operator shall store impounded vehicles in a secure
manner with windows closed and doors locked, where
possible.
K. The operator shall remove all vehicle accessories which
are easily removed and which tend to attract pilferage,
such as tape decks, expensive hub caps, etc. These
items shall be cataloged and secured within the
operator's building by the operator.
L. The operator shall maintain a log book at the place of
business into which shall be recorded the following
information:
1) Description, including make, model, vehicle
identification number and license number of the
towed vehicle.
2) Date and time of the tow.
3) Location from which the vehicle was towed.
4) A list of accessories removed for security.
5) The name of the person to whom the vehicle was
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released or the name of the purchaser if the
vehicle was sold for lien.
5) Date and time of release.
7) Total fees charged.
This log shall be available for inspection by the
Department at any time.
M. The operator shall release stored or impounded vehicles
only to the owner or the owner's lawful agent. The
Department, at its discretion, may require that a
police release form be issued authorizing release of
any vehicle towed pursuant to this ordinance or may
require the owner/agent to obtain the towed vehicle
directly from the operator. The operator shall have
personnel available on site to release vehicles between
9:00 A.M. and 5:00 P.M., Monday through Friday,
holidays excepted. Provisions shall be made for the
release of vehicles at all other times, seven (7) days
per week. These provisions shall insure that a release
is made within forty-five (45) minutes of a request by
an owner/agent. Additional fees, as set in the rate
schedule, may be charged for this extra -hour release
service. However, additional release charges may not
be charged for releases issued between 5:00 P.M. and
8:00 P.M., Monday through Friday, holidays excepted.
N. The operator shall provide a minimum of three (3) tow
trucks that should be available on a 24 hour basis for
towing vehicles. These trucks shall be capable of
towing standard passenger vehicles, motorcycles, trucks
and vans up to, and including one (1) ton capacity.
Every tow truck used for towing vehicles described in
this section shall be equipped with towing dollys.
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0. Any operator that provides a tow vehicle capable of
towing vehicles over one (1) ton capacity shall be
equipped with an air brake line device, commonly
referred to as a "glad-hand," or its equivalent.
P. The operator shall maintain all towing vehicles and
equipment in good working order and shall be subject to
safety and operation inspection by any member of the
Department. Maintenance of records of the towing
equipment and vehicles shall also be subject to
inspection upon reasonable demand by any member of the
Department.
Q. The operator shall insure that all tow trucks and
equipment are in compliance with all applicable
sections of the California Vehicle Code.
R. The operator shall equip every approved tow truck with
a two-way radio which will allow communication between
the operator's base station and the tow truck.
S. The operator shall provide one dedicated, non -dial
telephone line between the operator and the Department
communications center. All required telephone and
radio communications shall be purchased, installed, and
maintained by the operator. The City and the
Department shall not incur any costs in the operator
providing these services.
T. The operator shall provide all necessary California
Department of Motor Vehicles paperwork for the
clearance of towed vehicles, with the exception of
titles to low valued abandoned vehicles, which will be
provided by the Department using registration form 62
titled, "Public Agency Authorization to Dispose a
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Vehicle to a Scrap Processor or Dismantler." Said form
shall allow for the expedient disposal of junk
vehicles.
U. The operator shall furnish an itemized statement for
all towing and storage charges. Charges for services
requested by the Department may only be levied in
amounts established in the Council approved rate
schedule.
The Department shall be given access to all operator
records concerning fees levied for services pursuant to
this ordinance.
V. The operator shall not knowingly employ persons to
operate under this permit who have been convicted of
any serious felony, assault, theft, or sex related
crime.
10.85.130 EXCEPTIONS
Nothing in this ordinance shall restrict or prohibit the owner or
operator of a vehicle from calling and selecting a towing vehicle
of his/her own choice.
10.85.140 NON RESPONSIBILITY OF THE CITY
Nothing contained in this ordinance will in any way authorize an
operator to act as an agent or employee of the City. Nothing
herein contained will, or is intended to imply that the cost of
towing service or storage is to be charged or assumed by the
City. The operator shall receive reimbursement for its service
separate and apart from the City and its officers unless
specifically approved in advance by the Chief.
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10.85.150 HOLD HARMLESS
The operator, by accepting the permit and operating under its
requirements, agrees to indemnify and hold the city harmless from
any of the acts or omissions of the operator, or the operator's
agents, that are performed pursuant to the issued permit.
DIVISION 2. If any section, subsection, sentence, clause or
phrase of this Ordinance is for any reason held to be invalid,
such decision shall not affect the validity of the remaining
portions of this Ordinance. The Council hereby declares that it
would have adopted the Ordinance and each section, subsection,
sentence, clause, or phrase thereof, irrespective of the fact
that any one or more sections, subsections, sentences, clauses,
or phrases be declared invalid.
DIVISION 3. This Ordinance shall be published once in full
before its final passage in a newspaper of general circulation,
published and circulated in the City of San Rafael, and shall be
in full force and effect thirty (30) days after its final
passage.
ALBERT J. BORO, Mayor
Attest:
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JEANNE M. LEONCINI, City Clerk
The above and foregoing Ordinance No. 1658 was read and
introduced at a regular meeting of the City Council of the City
of San Rafael, held on the 18th day of January, 1994, and ordered
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passed to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
and will come up for adoption as an Ordinance of the City of San
Rafael at a regular meeting of the Council to be held on the 7th
day of February, 1994.
V
JEANNE M. LEONCINI, City Clerk
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