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HomeMy WebLinkAboutOrdinance 1280 (Police Rotation Towing Services)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City do hereby certify that the foregoinq Charter Ordinance No. 1280 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 regular meeting of the City Council of the City of San Rafael, held on the 21st day of November 19 77 Published as re- quired by City Charter in the Independent -Journal , a newspaper printed and published in the City of San Rafael and passed and adopted as an ordinance of said City at a REGULAR regular meeting of the City Council of said City held on the 19th day of December 19 77 by the following vote, to -wit: Ayes: Councilmen: Jensen, Mulryan, Nixon and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen WITNESS my hand and the official seal of the City of San Rafael this 20th day of December 19 it E M. LEONCINI4CPt_y&Cl�erk� ORDINANCE NO. 1280 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 and Intent. 10.85.020 Definitions. 10.85.030 Permit Required. 10.85.040 Violation and Penalties. 10.85.050 Application for Permit. 10.85.060 Referral to Chief of Police. 10.85.070 Appeal. 10.85.080 Contents of Permit. 10.85.090 Insurance and Bond. 10.85.100 Business License Fees. 10.85.110 Term of Permit. 10.85.120 Renewal of Permit. 10.85.130 Transfer of Permit. 10.85.140 Rules and Regulations Applicable to All Permits. 10.85.150 Performance Standards. 10.85.160 Non -Responsibility of City. 10.85.170 Suspension and Revocation of Permit and Appeal. 10.85.180 Exceptions. 10.85.010 Purpose and Intent. The City Council finds that it is in the best interest of the public that a procedure be established 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 safekeeping. 10.85.020 Definitions. (a) "Chief" means the Chief of Police of the City of San Rafael Police Department. -1- [ 0 J P%, I b" I N! A I ment. (b) "Department" means the City of San Rafael Police Depart- (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) "Public Necessity and Convenience" for purposes of issu- ance of license or permit on grounds of public convenience and necessity, public convenience and necessity means as a public matter, without which the public is inconvenienced to the extent of being handicapped in the practice of business or wholesome pleasure or both, and without which the people of the community are denied, to their detriment, that which is enjoyed by others similarly situated; public necessity does not mean indispensable to the public, but an urgency less pressing. (e) "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 safekeep- ing, when such moving or removal is directed or requested by the Depart- ment. (f) "Police Rotation List" means the procedure by which authorized tow companies, who tow vehicles for the San Rafael Police Department, will be called on a rotating basis. 10.85.030 Permit Required. No person, firm, or corporation, shall engage in the business of towing or actively towing a vehicle that has been damaged, disabled, abandoned, or illegally parked on a public street, and is being towed at the request of the San Rafael City Police without first having obtained a permit from the Chief of Police as set forth in this Chapter. 10.85.040 Violation and Penalties. Any person, firm, or corporation violating the provisions of this Chapter shall be guilty -2- of an infraction and upon conviction thereof shall be punished by a fine of not more than $500.00. 10.85.050 Application for Permit. An application for place- ment on the Police Rotation List shall be in writing, executed under penalty of perjury, and filed with the Chief, along with a deposit for permit fees as herein provided. Such application shall contain the following: (a) Full name and identification of the applicant and all persons who will be financially interested, whether directly or indirect- ly, in the towing business. (b) The residence, business address and citizenship of the applicant, including all members of any firm or partnership. If appli- cant 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 inter- ested 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. (f) A complete description of the vehicle or vehicles pro- posed to be operated, including the number, manufacture, license, horsepower, description 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 desig- nate the vehicle of the owner. (h) Radio equipment available to the vehicle and to the dispatching office setting forth call letters, wattage, and range. (i) Names, addresses, and positions of all employees. (j) Evidence to show applicant's ability to comply with -3- Sections 10.85.140 and 10.85.150 of this Chapter. Owners shall report any changes or modifications in those items required in the application to the Chief within ten (10) days after such changes or modifications have occurred. 10.85.060 Referral to Chief of Police. Upon receiving the application, the Chief shall conduct an investigation thereon. With- in thirty (30) days after the filing of owner's application, the Chief shall either grant or deny the application for a permit. If the Chief denies issuing the permit, he shall set forth in writing and notify the applicant the specific reasons for his denial to issue the permit. (a) No permit shall be issued if the Chief determines that public necessity and convenience does not require the issuance of another permit. (b) The Chief may deny issuing a license if he finds: (1) That the applicant lacks financial responsibility. (2) The operator does not have adequate towing equip- ment to perform the services required. (3) That the applicant does not have adequate storage lots or area as defined in Section 10.85.150 (f). application. (4) That the permittee falsified any portion of his (5) That the permittee, or any of his employees, have been convicted of auto theft or grand larceny. 10.85.070 Appeal. Any person whose application is dis- approved by the Chief shall have the right to appeal from such disap- proval 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 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 - 4 - days of his decision. If the applicant disagrees with the findings and determination 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. 10.85.080 Contents of Permit. If such permit is granted, it shall contain the following provisions: (a) The name of the permittee. (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 permittee, under the statement that he accepts the permit subject to its terms and all of the provisions of this Chapter. 10.85.090 Insurance and Bond. No permit shall be issued 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 injury to one person, $300,000 for any one accident, and $50,000 for property damages. (b) A garage liability for tow operators liability insurance with minimum limits of $50,000 that covers loss by fire, theft, negli- gence and malicious mischief. This policy shall have the City of San Rafael carried as a second or co-insured. (c) Said certificates of insurance shall provide ten (10) days prior notice to the City in the event of cancellation or modifi- cation. (d) Cash bond in the amount of Five Hundred Dollars ($500.00) conditioned upon the faithful performance of all towing services. Such -5- bond shall be maintained at Five Hundred Dollars ($500.00). One year after the expiration or termination of a permit, any amount of bond held by the City shall be returned to the operator. 10.85.100 Business License Fees. Notwithstanding the provisions contained in this Chapter, the applicant shall, unless exempt herefrom procure a City Business License. 10.85.110 Term of Permit. A permit issued pursuant to this Chapter 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. 10.85.120 Renewal of Permit. Said permit may be renewed annually by the permittee filing an application with the Chief, des- cribing any changes in the original application. If there are no material changes, the Chief 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. 10.85.130 Transfer of Permit. Permits as herein described are nontransferable. 10.85.140 Rules and Regulations Applicable to All Permits. 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. And 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 equip- ment 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 esta- blished by the City Council of the City of San Rafael from time to time by Resolution. (d) Operator shall furnish an itemized statement for towing and storage charged to all persons subject to said services, and any informational material required to be furnished at the direction of the City Council or its designee as the result of legal or other requirements. (e) That the towing business contemplated herein shall be allocated among those holding permits upon a rotation basis established by the City Council or its designee. (f) 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 facili- ties for a minimum of three (3) cars inside (covered storage) and a minimum of thirty (30) cars outside garage. (g) That 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. 10.85.150 Performance Standards. (a) All towed vehicles shall be towed directly to the desig- nated storage area and shall be kept in such area until final disposi- tion is made. (b) 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. -7- (c) Impounded vehicles shall be stored in a secure manner with windows closed and doors locked. (d) 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. (e) 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 AM and 9:00 PM, seven days a week. Provisions shall be made for the release of vehicles not later than 30 minutes after notification between the hours of 9:00 PM and 9:00 AM of the following day upon request by authorized Police personnel or upon order of the magistrate of the Municipal Court. (f) Tow companies must provide a direct phone line from the Police Department to the company at the expense of the tow company. (g) 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/or 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 released (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 personnel. (h) The Chief or his designee shall be given access to all operators' records concerning fees levied for services according to any Resolution adopted pursuant to Section 10.85.140 herein. 10.85.160 Non -Responsibility of City. Nothing herein con- tained will, in any way, authorize a permittee to act as an agent WE 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. A permittee shall receive reimbursement for his services separate and apart from the City and its officers unless specifically approved in advance by the Chief. 10.85.170 Suspension and Revocation of Permit and Appeal. (a) The Chief may suspend any permit issued pursuant to this Chapter on the following grounds: (1) Upon a finding that a permittee falsified any portion of his application. (2) Upon any failure of the permittee to comply with the terms and provisions of this Chapter including provision and/or posting of necessary notices or upon findings demonstrating behavior inconsistent or inimical to the public convenience and necessity. (3) Upon a permittee hiring and retaining in his employ- ment a person convicted of auto theft or grand larceny. 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 permittee may appeal the suspension by filing notice of appeal with the City Manager within ten (10) days of suspension. The City Manager shall set the appeal for hearing within twenty (20) days. Ten (10) days' notice of such hearing shall be given to the permittee. (b) After hearing, the City Manager may: be reactivated. (1) Terminate the suspension and direct the permit to (2) Confirm the suspension but not revoke the permit. (3) Revoke the permit. (4) Any one of the above with conditions. (c) In the event the City Manager either suspends or revokes the permit, the applicant shall have a further right of appeal to the City Council by filing within ten (10) days with the City Clerk a Notice of Intent to appeal. -9- 10.85.180 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. 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, subsec- tions, sentences, clauses, or phrases be declared invalid. &e:a�w C. PAUL BETTI , If Attest: J E . LEO IN City Clerk The above and foregoing Ordinance No. 1280 was read and intro- duced at a regular meeting of the City Council of the City of San Rafael, held on the 21st day of November, 1977, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Ordinance was amended at a regular meeting of the City Council of the City of San Rafael on the 5th day of December, 1977, was republished 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 19th day of December, 1977. 15 A/1-10 de�4,�.� NNE M. LEONCINI, City Clerk -10-