Loading...
HomeMy WebLinkAboutORD NO 2328ORDINANCE NO. 2328 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CHAPTER 7.66 TO TITLE 7 OF THE MUNICIPAL CODE, CONCERNING TOWING SERVICES RECEIVING CITY REFERRALS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. That Chapter 7.66 is hereby added to Title 7 of the Municipal Code of the City of Bakersfield as follows: Sections: 7.66.010 7.66.020 7.66.030 7.66.040 7.66.050 7.66.060 7.66.070 7.66.080 7.66.090 7.66.100 7.66.110 7.66.120 7.66.130 7.66.140 7.66.150 7.66.160 7.66.170 7.66.190 7.66.200 7.66.210 7.66.220 7.66.230 7.66.240 7.66.250 7.66.260 7.66.270 7.66.280 Chapter 7.66 TOWING OF VEHICLES Definitions. Purpose and Intent. Permit Required. Selection and Designation of Towing Services. Qualifying Procedure Generally. Investigation and Award of Referral Towing Service Permits. Rejection of Qualifying Request. Minimum Business and Storage Lot Requirements. Minimum Equipment Standards. Term of Permit. Revocation of Permit. Appeal. Council to Fix Time, Place of Hearing. Notice of Hearing. Transferability. Records Required; Contents. Charges. Vehicle Owner to Have Choice of Service Used. Police to Rotate Dispatches. Duty to Notify Police Dispatcher When Service to be Delayed. Use of Backup Service Required. Attendant to be on Call. Protection of Impounded Vehicles. Impounded Vehicles to be Available for Appraisals. Removing Hazards. Solicitation Prohibited. Severability. 7.66.010 Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them in this section, as follows: 1. Tow truck shall mean a motor vehicle which has been altered or designed or 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. The term "tow car" may be used interchangeably with the term "tow truck." 2. Tow truck service or towing service shall mean the provision of towing service in response to a police dispatch in police emergency situations or in response to orders or requests for towing service from permittees by members of the Police Depart- ment pursuant to the provisions of law. 7.66.020 Purpose and Intent. It is the intent of this chapter to prescribe the basic regulations for the operation of tow trucks or tow cars in police emergency situations in the removal of and towing away of motor vehicles which are involved in an accident, which constitute an obstruction to traffic because of mechanical failure, or which are illegally parked. It is the purpose of the Council in enacting this chapter to provide a fair and impartial means of distributing police emergency requests for towing services among a limited number of qualified firms, and to insure that such service is prompt and reasonably priced and in the best interests of the public, as well as the interest of efficient policing opera- tions for the removal from public streets of said vehicles. In enacting this chapter, it is not the purpose of the Council to regulate tow trucks or towing services other than those dispatched by the police in police emergency situations. It is also the intent of the Council to give recognition to the towing services which were on the police department rotating list for the provision to the City of such towing services, on March 21, 1977, providing that such firms apply for a permit and qualify under this chapter. 7.66.030 Permit Required. In order to be eligible to receive City referrals or assignments after the effective date of this chapter, a towing business shall first have obtained a referral towing service permit. No person shall operate a towing service under the provisions of this chapter unless such person has a valid permit obtained pursuant to the terms of this chapter. Such permit is in addition to any business license which such business must acquire under this code. 7.66.040 Selection and Designation of Towing Services. A. There shall be a maximum of six towing services to provide service in the City at the request of the Police Department. Such determination is based upon a review of the existing services being provided the City of Bakersfield and the following findings are hereby made: 1. That six towing services are sufficient to provide a high level of service to the public at the present time; 2. That the limitation to six towing services contributes to efficient administration of the program of providing towing ser- vices on an emergency basis; 3. That further fragmentation of the limited income derived from such services would tend to reduce the capabilities of the tow- ing services to properly maintain equipment and attendants, and down- grade the level of service provided to the public; 4. That the public convenience and welfare will be served by the selection and designation of the towing services as provided in this chapter. B. Notwithstanding the above-stated maximum of six towing ser- vices, permits may be issued to any towing service on the police department's current list of firms providing the service described in Section 7.66.020; provided, however, that such applicants comply with all the provisions and meet the conditions, standards and require- ments set forth in this chapter. C. In the event that fewer than six towing services on such current list apply for a permit within thirty (30) days after the effective date of this chapter, any towing service meeting the require- ments hereof may apply on a first come, first served basis; provided, however, no more than six permits shall be issued. D. In the event that more than six towing services on such current list apply for a permit within thirty (30) days after the effective date of this chapter, and qualify therefor, a greater number than six shall be permitted, until such number of permittees is reduced to six, at which time the maximum number of six shall thenceforth apply until, by amendment of this chapter, a greater number are permitted to be selected and designated. E. In the event the number of permittees are reduced to five or less, at any time after thirty (30) days following the effective date of this chapter, any towing service qualifying under this chapter may apply for a permit. F. All towing services to whom a permit is issued under this chapter shall be eligible for the receipt of dispatches on a rotat- ing basis as provided by Section 7.66.200 of this chapter. 7.66.050 Qualifying Procedure Generally. Each qualified towing service applying for a permit under following requirements: A. The Police Department will this chapter shall meet the receive qualification applica- tions for permits from towing services which are on the current rotating list during thirty (30) days following the effective date of this chapter. The qualifying towing services shall be selected by the Police Department and issued a permit in accordance with this chapter. B. Each towing service requesting qualification shall: (a) Maintain the facilities and equipment required by this chapter within the limits of the City of Bakersfield. (b) Provide the following information: (1) Name of Firm. Indicate whether a corporation, partnership or sole proprietorship; list all parties having a finan- cial interest in the towing firm, including names and addresses, number of years business has been established in the City, and number of years that those persons holding financial interest in the firm have been residents of the City. (2) Financial Statement. List in general terms the total amount of investment in firm properties including equipment as well as lots and buildings. Also include a description of the expansion of business operations since the business was originally established. (3) Experience. List the number of years and loca- tions of participation in similar police towing service together with any commendations or complaints received from governmental agencies in conduct of said business. (4) Stability. State business of the firm aside from participation in police towing activities. (5) Attendants and Drivers. List the names and addresses of all attendants and drivers who will conduct the police towing service as well as the number of years employed, training received by said attendants and drivers, and experience of said personnel in the conduct of said business. (6) Equipment. Describe the available equipment to be used in police towing services particularly in terms of compara- tive qualities or capacities as related to minimum eligibility requirements. (7) Communications. Describe the method of the com- munications system between the place of business and operating tow trucks, as well as the means utilized for insuring prompt dispatch of tow trucks upon receipt of calls from the Police Department. (8) Other Facilities and Personnel Available. List all provisions for record keeping, backup personnel and auxiliary services which might be required to effectively carry out a high level of service to the public in the business of tow truck opera- tions. (9) List the location of the primary business opera- tion, including dimensions and type of facilities available. (10) List the location of storage lots, dimensions thereof, relationship to primary business operation, type of protec- tion afforded, and screening, security and maintenance provided at said lots. 7.66.060 Investigation and Award of Referral Towing Service Permits. Upon the timely receipt of each proper request for qualifi- cation for a referral towing service permit, the Police Chief or his delegate shall initiate an investigation to determine if each requestor meets the minimum eligibility requirements as set forth in this chapter. The Police Chief may call upon any appropriate department of the City to assist in such investigation and report to him the results of such investigation. The Police Chief may award a referral towing service permit in accordance with this chapter. 7.66.070 Rejection of Qualifying Request. If the Police Chief determines that a requestor fails to meet the minimum eligibility requirements or that rejection is in the interest of the public health, safety and welfare, he may reject the qualification request for a referral towing service permit. In the event of such rejection, a requestor shall be informed of the reason or reasons for said rejec- tion. 7.66.080 Minimum Business and Storage Lot Requirements. Each towing service request for a permit required by this chapter and/or each permittee shall meet and maintain the following minimum business and storage lot requirements: A. Business and Storage. The business and storage facilities must be a reasonable distance from public transportation. Storage facilities must have adequate storage space (at least 50' by 100' or equivalent area) to accommodate thirty (30) vehicles which shall include inside storage space to accommodate at least three (3) vehicles for the purposes of Section 7.66.240. All vehicles and contents must be kept safe from pilfering, and within ninety of award of a permit pursuant to this chapter, from street level. B. Building and Zoning. (90) days of the date screened from view Business buildings, storage lots, garages, and all accessories thereto shall conformwith all appli- cable building code requirements and zoning regulations of the City. C. Insurance. Public liability, property damage, fire and theft insurance coverage shall be maintained by each permittee, with a copy to be on file with the City Clerk. All policies shall name the City of Bakersfield as a coinsured. Proof of said coverage shall be a minimum eligibility requirement. The amounts of public lia- bility and property damage coverage shall not be less than: Public Liability - ~125,000 for one person injured in one accident; $350,000 for more than one person injured in one accident. Property Damage - $25,000 for one accident. D. Hold Harmless. As a condition of the issuance of any referral towing service permit, the permittee shall assume the defense of and indemnify and hold harmless the City of Bakersfield from all liability or claims of liability arising by reason of injury or damage to persons (including death) and/or property occurring as a result of service provided pursuant to the terms of this chapter. E. Experience. Permittees shall have been continuously and actively engaged in the operation of a tow truck or towing service for a period of at least one year prior to the date of submitting the request for qualification, which requirement may be waived by the Chief of Police when necessary to achieve the benefits and intent of this chapter. F. Responsibility. Each permittee shall keep all stored or impounded vehicles and/or contents free from damage, destruction, theft, vandalism and pilferage, and shall accept full 'responsibility for the safekeeping of said vehicles while on its storage lot(s). 7.66.090 Minimum Equipment Standards. Each request of qualifi- cation for a referral towing service permit required by this chapter and/or each permittee shall meet and maintain the following minimum equipment standards: A. Truck Chassis. At least two (2) rigs of one-ton capacity with rear dual wheels. B. Company Name. There shall be displayed in a conspicuous place on both the right and left side of all tow trucks a sign show- ing the name of the company or the owner or operator of the tow truck. The sign shall also contain the business address and telephone of the owner or driver. The letters of the sign shall be not less than 2-1/2 inches in height and the lettering shall be in contrast to the color of the background upon which they are placed. In the event the provisions of Section 27907 of the Vehicle Code are changed, the permittee shall comply with such amended provisions as to such re- quired sign. C. Vehicle Code Requirements. All applicable sections of tow car requirements listed in the California Vehicle Code. D. Winch. To be power-driven by power takeoff from transmis- sion equipped with safety dogs or equivalent braking devices. E. Booms. Adjustable booms with at least four-ton capacity. F. Cables. At least one tow truck shall be equipped with 300 feet of not less than 3/8 inch cable, free from partial breaks or knots. G. Additional Equipment. Tow trucks must be equipped with red flares, lanterns or reflectors, hand tools, crowbar, rope, broom, shovel, dustpan, fire extinguisher (dry chemicalL type), portable red taillight, and stoplight for towed vehicles, equip- ment for opening locked vehicles and safety snubber chain and other equipment as may be required by the Chief of Police. Each tow company shall have at least one set of dollies readily avail- able at all times. reasonable knowledge of their work. 7.66.100 Term of Permit. Permits remain in full force and effect until 7.66.110 of this chapter. Attendants. Attendants and operators must display a required by this chapter shall revoked pursuant to Section 7.66.110 Revocation of Permit. The Police Chief may revoke a permit issued pursuant to this chapter if he determines that a per- mittee has violated any provision of this chapter. 7.66.120 Appeal. Any person aggrieved by any decision of the Police Chief with respect to the issuance, refusal, rejection or revocation of a permit required by this chapter may appeal to the City Council within ten (10) days after receipt of notification of said decision by filing a Notice of Appeal with the City Clerk. 7.66.130 Council to Fix Time, Place of Hearing. Upon receiving an appeal authorized by Section 7.66.120, the Council shall fix a time and place for the hearing of such appeal. The time for such appeal shall be within a reasonable time after the filing of the appeal. 7.66.140 Notice of Hearing. The City Clerk shall give notice to the person making an appeal in accordance with Section 7.66.120 of the time and place of hearing by serving it personally or by depositing it in the United States mail at Bakersfield, California, postage pre-paid addressed to such person at his last-known address. 7.66.150 Transferability. Each permit issued pursuant to the terms of this chapter is nontransferable. If a permittee sells, transfers title to, assigns, leases or subleases a tow truck service or towing service permitted hereunder, the permit shall be and is void as of the effective date of the sale, transfer of title to, assignment, lease or sublease of said service. 7.66.160 Records Required; Contents. Each permittee shall keep a record of the vehicles towed and the license number thereof; the date and time when towed and location from which towed; the name of the officer ordering the towing; and whether the vehicle was impounded or towed at the owner's request. All permittees' records, receipts, equipment and storage facilities shall be subject to periodic inspec- tion, checks and/or audits by the Police Chief or his designees. 7.66.170 Charses. All charges for tow truck or towing services shall be made according to the rate schedule adopted by resolution of the City Council of the City of Bakersfield. Said rate schedule shall be amended only by Council resolution. A copy of said current rate schedule shall be prominently posted in each tow truck and each permittee shall furnish a copy of same to any person upon request. 7.66.190 Vehicle Owner to Have Choice of Service Used. The owner of any vehicle to be towed pursuant to this chapter shall have the right to designate the tow truck or towing service of his choice. 7.66.200 Police to Rotate Dispatches. In the event that the owner of a vehicle to be towed pursuant to this chapter expresses no preference relative to the tow truck or towing service to be used, the police dispatcher shall rotate dispatches among the cur- rently permitted tow trucks or towing service on the basis established by the Police Chief. However, the right to dispatch any tow truck, whether currently permitted or not, shall be reserved to the Police Chief where deemed necessary to accomplish the purposes of this chapter. 7.66.210 Duty to Notify Police Dispatcher When Service to be Delayed. Each tow truck or towing service shall have the duty to inform the police dispatcher if, for any reason, said service will be delayed in responding to an assignment. 7.66.220 Use of Backup Service Required. If, in the judgment of the police dispatcher, the eligible tow truck or towing service will be delayed in responding to an assignment said dispatcher shall redirect the dispatch to the next eligible tow truck or towing ser- vice, according to the rotation schedule established by the Police Chief. 10. 7.66.230 Attendant to be On Call. There shall be an attendant on call at all businesses permitted pursuant to this chapter, cap- able of responding to police requests for towing as well as being present or available for the release of vehicles to the public, twenty-four (24) hours a day, seven (7) days a week. 7.66.240 Protection of Impounded Vehicles. Vehicles impounded by the police for special investigations, 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. 7.66.250 Impounded Vehicles to be Available For Appraisals. All vehicles stored or impounded as a result of a tow assignment by the Police Department shall be made available to the owner of the vehicle or his representative, by any insurance agent, insurance adjuster, or any body shop or car dealer, for the purpose of estimating or appraising damages, except vehicles with a police "hold." Vehicles to be appraised shall be accessible to Police Department personnel. An employee of the towing company may be required to assist. 7.66.260 Removing Hazards. After being assigned 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 a vehicle should be impounded or moved, and the tow truck operator shall abide by their decisions. The police officer on the scene shall determine if greater towing capacity is needed, and shall call upon any service capable of providing that capacity regardless of whether or not said company is permitted by the City under this chapter or whether it is their period of time to receive police assignments. 7.66.270 Solicitation Prohibited. No permittee, his agent or employee shall solicit any tow job in the City at the scene of an 11o accident without first having been called by the owner or operator of the disabled vehicle, or by the Bakersfield Police Department. 7.66.280 Severability. If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be uncon- stitutional, such decision shall not affect the validity of the remaining sections of this chapter. The Council hereby declares that it would have passed this chapter, and each section, subsec- tion, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. SECTION 2. This ordinance shall become effective thirty days from and after the date of its passage. .......... o0o .......... 12. I HEREBY CERTIFY that the and adopted by the Council of the meeting thereof held on the 28th following vote: foregoing ordinance was passed City of Bakersfield at a regular day of March , 1977, by the CITY~RK anti'Officio Clerk of the Council of the C~y of Bakersfield APPROVED this 28th ~ay of March ~~~o ~ ~e~Ci tCi akers field , 1977 APPROVED as to form: CITY ATTORNEY of the ty of Bakersfield AffrayS! of os ng r naa es STATE OF CALIFORNIA, } County of Kern ss. H. E. BERGEN, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that or~ ........................M....a...~_.c...l~...~..9...y.__.1..?..~..~. ......................................................19 ............he posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on ........ .l~..a..~.c.h_.2.8.,_...1.~:Z:[ ......................, 19 .............which ordinance was numbered ..........~.~.8 ..........New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CHAPTER 7.66 TO TITLE 7 OF THE MUNICIPAL CODE, CONCERNING TOWING SERVICES RECEIVING CITY REFERRALS. Subscribed and sworn to before me this ~.q:~ h.. ~y o~ .....~.r~_h. ....................i9.7.7