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