Loading...
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 I 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 2 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 c 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 4 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. 5 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. 6 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 7 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 8 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 E 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 10 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. 11 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 12 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. 13 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: V 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 14 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 15