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HomeMy WebLinkAboutCC Res 2473 1975-08-25 I 'I I WHEREAS, WHEREAS, WHEREAS, '. , " '. . . -~ . " } RESOLUTION NUMBER ~;li'or A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFDRNIA, ADOPTING OFFICIAL POLICE TOW TRUCK SERVICE REGULATIONS FOR THE CITY OF SEAL BEACH. there are no official Tow Truck Regulations governing the use of tow services for the City of Seal Beach at the present time; and the lack of a formal policy concerning use of tow agencies by the City of Seal Beach has created problems in administration of an equitable system of tow services; and the attached regulations ("Exhibit A") are similar to those adopted by the California Highway Patrol and other law enforce- ment agencies throughout California; NOW, THEREFORE, BE IT RESOLVED that there is a need for a formal policy of Tow Truck Regulations to be adopted for the City of Seal Beach; BE IT FURTHER RESOLVED that those regulations attached as "Exhibit A" are hereby adopted as the Official Police Tow Truck Service Regulations for the City of Seal Beach and shall be effective October 1, 1975. PASSEO, APPROVED, AND ADOPTED by the City Council ~f the City ~Seal B~ach, California, at a meeting thereof held on the 0l5t! day of (./bfLU1r , 1975, by the following vote: .;:n 1_ j7 _ ) AYES: Council Members ..€bA-~~~"~~/N'~ NOES: Council Members ~ ABSENT: Council Members ~~k.d.--l ... ...4... .....~.. -'" ~ ~ ,~, ..~.... ~ -, .... ~.. ~"....."'" " .......~ ........ :'A? . , .. .. -" - " -" ~ ~ -'\ ..... ..... .. ,- . ~~ . , . --- .-- .. . I I -? ;-,. ~":. Resolution Number .. .. (t l~T '. . .; ...~ ~ EXHIBIT "A" REGULATION OF SEAL BEACH OFFICIAL POLICE TOW TOW TRUCK SERVICE Sections: Intent and Purpose. Definitions. License Required. Selection of Towing Services. Application for Tow Truck License. Agreements. Standards for Tow Truck License -- Liability Insurance. Hearing on Application. Issuance of Certificate. Standards for Tow Truck Equipment. Attendant or Operator's Permit Required, Standard Rules of Operation. Grounds for Revocation. Suspension. Separability. Intent and Purpose. It is the intent of these rules and regulations to prescribe the basic procedures for the operation of "Official Police Towing Service" in police emergency situations "and in the removal of vehicles which are apparently abandoned ',or involved in an accident, or which constitute an obstruction -to traffic because of mechanical failure. It is the purpose of the City Council in enacting these rules and regulations to provide a fair and impartial means of distributing requests for towing services among qualified firms 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 operations for the removal from public streets of said vehicles. Definitions (a) "Official Police Tow Service" means a towing company selected by the City Council to be used, on call, and on an alternate basis, for any police emergency situation where a tow truck is required. -1- ,- '. .-" I I Resolution Number. - (b) A "tow car" or "tow truck" is a motor vehicle wlucn nas been ~lter,ed or designed and equipped for and exclusively. used in the business of towing vehicles by means of a crane, towbar, tow- line" or 401ly'ar is otherwise exclusively used. to'~ender assistance to other vehicles. (c) "Attendant" means a trained and/or qualified individual responsible for the operation of a tow car or tow truck, whether or not the attendant also serves as a driver. (d) "Operator" means an individual who operates a tow car or tow truck. (e) Section "License Section" means the of the Finance Department. Seal Beach City License (f) "Director of Finance" means position appointed by the City Manager and has charge of the administration of the financial affairs of the City. License Required. (a) Any firm may become eligible to participate in the assignment of service calls by the Police Department only if it has a valid license to do business in the City of Seal Beach. , (b) No official police tow truck shall be operated by a driver on the streets, alleys, or any public way or place of Seal Beach unless the driver is holding a currently valid permit as an attendant or operator. Selection of Towing Services. (a) There shall be no more than two "Official Police" towing services selected and designated to provide service at the request of the Police Department throughout the City of Seal Beach. Said determination is based upon review of the towing services and a finding that two towing services are sufficient to provide a high level of service to the public at the present time; that a limitation to two services contributes to efficient administration of the program of providing towing services on an emergency basis; and further fragmentation of the limited income derived from such services would tend to reduce the capabilities of the towing services to properly maintain equipment and attendants, and downgrade the level of services to the public. To maintain an equal and unbiased service, the designated towing agencies will be rotated by alternate weeks . Application for Tow Truck License. Applications for tow truck licenses hereunder shall be made upon such forms as may be prepared or prescribed by the Director of Finance and shall contain: -2- ,- , . I I Resolution Number (a) The name and address of the applicant and of'tne owner of the t.owing :service. . , (b) Tne trade or fictitious name, if any; unde~ wh[ch the applicant 'does business and proposes to do business. (c) The training and experience of the applicant in the conduct of business. (d) Describe available equipment to be used in 'bfficial Police Towing Services", particularly in terms of comparative qualities or capacities as related to minimum eligibility require- ments. (1) Include the color scheme, insignia, name, monogram or other distinguishing characteristics to be used to designate applicant's towing vehicles, (e) The location and descriptions of the place or places from which it is intended to operate, including address of storage facilities. (f) Describe the method of operation of the communication systems between the place of business and operating tow trucks, as well as the means utilized for insuring prompt dispatch of trucks upon receipt of call from the Police Department. (g) Such other information as the License Division shall deem reasonably necessary to a fair determination of compliance with this ordinance. (h) An accompanying license fee as required by the Director of Finance. , (i) A financial statement prepared by a certified public accountant showing the financial status of the applicant. Al1;reements. (a) Successful applicants shall enter into an agreement with the City, which agreement shall contain eligibility requirements, operating regulations and fee schedules as adopted by the City Council. The City and the "Official Police Tow Service" may review and revise the fee schedule by mutual agreement at any time upon finding the existing rates are inequitable. A copy of the fee schedule shall be forwarded to the Chief of Police and copies made available upon request by interested citizens. Standards for Tow Truck Licenses - Liability Insurance. (a) No tow truck license shall be issued under these rules nor shall such license be valid upon issuance, nor shall any tow -3- ,. '. . . I I .' Resolution Number truck,be operated in Seal Beach unless there is at al~ ti~es in force and effect insurance to do business in the State of California;' .for"each and every tow truck owned'~nd/f).r operated by or 'for the applicant or licensee, providing for the payment of damages. (1) For injury to or death of individuals in accidents resulting from any cause for which the owner of said vehicle would be liable on account of liability imposed on him by law, regardless of whether the tow truck was being driven by the owner or his agent, and, (2) For the loss of or damage to the property of another, including personal property, under like circumstances, in such sums and under such terms as may be required in regulations promulgated by the Director of Finance. ,(b) Said insurance policies shall be submitted to the License Section for approval prior to the issuance of each tow truck license. Satisfactory evidence that such insurance is at all times in force and effect shall be furnished to the License Division, in such form as the Director of Finance may specify, by all licensees required to provide such insurance under the provisions of this ordinance. (c) Every insurance policy required hereunder shall contain a provision for a continuing liability thereunder to the full amount thereof, not withstanding any recovery thereon, that the liability of the insurer shall not be affected by the insolvency or the b~nkruptcy of the assured, and that until the policy is revoked the insurance company will not be relieved from liability on account of non-payment of premium, failure to renew license at the end of the year, or any act or omission of the named assured. Such policy of insurance shall be further conditioned for the payment of any judgments up to the limits of said policy, recovered against any person other than the owner, his agent or employee, who may operate the same with the consent or acquiescence of the owner. (d) Every insurance policy required hereunder shall extend for the period to be covered by the license applied for and the insurer shall be obliged to give not less than ten days written notice to the License Section and to the assured before any cancellation or termination thereof earlier than its expiration date and the cancellation or other termination of any such policy shall automatically revoke and terminate the licenses issued for the tow trucks covered by such policy, unless another insurance policy complying with the provisions of this section shall be provided and be in effect at the time of such cancellation or termination. -4- . , ... I I Resolution Numbe~ Hearing on Application. Upon receipt of any such application, the'Direc~or of Finance shall, upon determining the application to be in order, refer the matter to the Chief of Police for investigation. In the course of the investigation the Chief of Police shall inspect the vehicles and equipment and shall require the applicant or any person named in the application to be photographed and finger- printed. The Chief of Police shall complete his investigation within thirty (30) days unless prevented from doing so by lack of cooperation of the applicant or other person named in the application, and shall report his findings to the Director of Finance regarding the moral character of the applicant and other persons named in the application, and the adequacy and safety of the vehicle with respect to cleanliness, equipment, safety devices, brakes, lights and obsolescense. Upon receipt of said report, the Director of Finance shall transmit the application and report to the City Clerk who shall set the same for hearing before the City Council. The City Clerk shall give notice of the time so set at least five (5) days before the date of said hearing to the applicant by mail at the address set out in such application, and to all persons to whom certificates of public convenience and necessity have been theretofore issued. The City Council shall render its decision within thirty (30) days after the matter is first set for hearing before it. Issuance of Certificate. At the time set for the nearing of such application, the City Council may examine the applicant and all persons interested in the matter set forth in said application, and shall determine whether or not the public interest, convenience and necessity require the issuance of the certificate applide for, and may order the Director of Finance to issue a certificate in accordance with said application, subject to the filing and approval of an undertaking and subject to such conditions as may be imposed by the City Council, including the minimum and maximum number of vehicles that may be used. In reaching a decision, the City Council shall consider the following factors: (a) Whether the applicant is qualified on the basis of moral character, experience in the towing business, and financial responsibility; ,(b) The probably effect that approval of the application would have on the level and quality of service available to the public; -5- ,. I I . '(c) . 'Whether the the appli~~nt p'~oposes Resolution Number. facilities, personnel and equipment which to use are adequate. .' STANDARDS FOR TOW TRUCK EQUIPMENT. (a) Truck Chasis: Official police tow services must have at least one rig of one ton capacity with rear dual wheels. The police officer on the scene shall determine if greater capacity is needed and shall call upon any service capable of providing that capacity, regardless of whether or not said company is within the City or whether it is their period of time to receive police requests. (b) Company name: Company name, address and phone number shall be displayed on both sides of the tow truck in letters not less than two and one-half inches in height. (c) Lights: Trucks must, at all times, be equipped with such headlights, tail lights, red reflectors, stop lights, warning lights, etc., as required by California law, plus one white utility light (adjustable or portable), and may be with such other lights as the owner may desire which are not forbidden by law. (d) Winch: To be power-driven by power takeoff from transmission or electric powered, equipped with safety dogs or equivalent braking devices. (e) Additional equipment: Trucks must be equipped with red flares, lanterns or reflectors, hand tools, crowbar, rope, broom, shovel, dust pan, fire extinguisher (dry chemical type), portable red tail light and stop light for towed vehicles, equipment for opening locked vehicles, and safety snubber chain. Each tow company shall have at least one set of dollies readily available at all times. Attendant or Operator's Permit Required. (a) Application: No person shall drive or operate any official police towing vehicle described in this chapter in the City without first obtaining a permit in writing to do so, from the Chief of Police. Any person desiring to obtain such operator's permit shall make a written application therefore to the Chief of Police; accompanied by a fee as designated by the Director of Finance. Applicant for attendant or operator's permit shall be required to be photographed and fingerprinted. No attendant or operator's permit shall be issued to any person: (1) Under the age of 18 years. -6- ,. I I Resolution Number <.~) Who, within a period of two years immediately preceding such application, has'been.~onvicted of reckless driving or any provisions of the Alcoholic Beverage Control Act, California Penal Code, California Vehicle Code, or any other Code, which is directly concerned with the operation of a motor vehicle while under the influence of alcoholic beverage, or drug, or combination of alcohol and drug. (3) Who is incompetent or for any reason whatsoever unable to handle such vehicle safely. (4) Who cannot speak the English language. (5) Who does not hold a vehicle driver's license issued by the Motor Vehicle Department of the State of California of the proper class required. (6) Who is not sufficiently acquainted with the laws or ordinances regulating the operation 'of motor vehicles. (7) Who falsifies the application for said permit. Standard Rules of Operation (a) All requests for towing service and the removal of traffic hazards shall be made through the Police Department. (b) When it becomes evident that there will be a delay in responding to a request for towing service, the towing company shall advise the Police Department of this delay. (c) There shall be an attendant on call capable of respond- ing to Police requests for towing as well as to be present or available for release of vehicles to the public twenty-four hours a day, seven days a wekk. ~- (d) Removing Hazards: After being dispatched 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 requrested. 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. -7- ,. I I Resolution Numbe~ : . ,(e) _ .Each towing company shall comply with cur;t:ent .+equire- ments of the Vehicle Code of the State of California regarding signs on tow trucks. Only tow trucks bearing t~e name of the compahy called shall be dispatched to the scene of need. (f) All owners of towing companies shall conduct their business in an orderly, ethical, businesslike manner and use every means to ,obtain and keep the confidence of the motoring public. (g) Vehicles impounded by the police for special investiga- tion, 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. (h) The owners of towing companies participating in towing assignments by the Police Department shall be responsible for the acts of their employees while on duty. Towing company shall be r~sponsible for damage to vehicles while in their possession. (i) facili ties Department All towing company's records, will be subject to periodical investigators. equipment and storage checks by Police (j) All vehicles stored or impounded as a result of a "tow ordered by,the Police Department", shall be made available to the owner of the vehicle or his representative, any insurance agent, insurance adjustor, or any body shop or car dealer, for purposes of estimating or appraising damages, except vehicle with a "police hold". (k) All "Official Police Towing Service" shall record their time in and their time out on every tow truck assignment. Such records shall be available and open to police examination. (1) All', tow trucks used shall be radio-equipped. (m) Storage lots shall be properly fenced (at least six feet high) to maintain a maximum of security for stored and impounded vehicle's.;',:' Sp'ace:'ili1dez::_~over for at. least- one vehicle .. shall be provided. (n) Storage lots shall be located within prescribed radius of the location of the Seal Beach City Hall as designated by the City Council. (0) An official garage shall not proceed with any repair work on a vehicle or place any charges against a vehicle other than those occasioned by removal from the street and storage unless authorized by the owner or his designated agent. (p) Official garages when disposing of unclaimed vehicles shall abide by all Civil Code Sections pertaining thereto. -8- ,. I I . Resolution Numb~r , (cj) All vehicles stored or impounded as a resul,t of.a "tow ordered by the Police Department" shall be towed directly to an official"storage lot unless the Police Department.~r other person legally in charge of the vehicle requires that it be taken to some other location. Grounds for Revocation Any certificate or permit granted under the provisions of these rules and regulations may be revoked by the City Council, either as a whole or as to any person or vehicle described therein, or as to the right to use any distinctive color, monogram or insignia, after five (5) days notice to the certificate holder requiring him to appear at a certain time and place to show cause why the certificate should not be revoked, for any of the follow- ing reasons: (a) That the certificate required has been withdrawn or lapsed or is not in force for any reason. (b) For the non-payment of any City business license or other fees required by the Seal Beach Municipal Code. (c) Breach of any rules, regulations or conditions set out in the Seal Beach Municipal Code or the Certificate. (d) For the violation of any of the laws of the State of California or the City with respect to the operation of the business by a certificate holder or repeated violations by operators or attendants of any vehicle covered by such certificate. (e) For failure to maintain satisfactory service to the public or for failure to keep any such vehicle in a safe condition and good repair or for failure to use the distinctive coloring, monogram, or insignia described in the application, or for deviation from the schedule of rates set forth in the application. (f) For any cause which the City Council finds which make it contrary to the public interest, convenience, necessity or general welfare for the certificate or permit to be continued. Suspension If any section, subsection, sentence, clause, phrase or portion of these rules and regulations are for any reason held invalid or unconstitutional by any court of competent jurisdic- tion, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. -9- ,. I I Resolution Number' . . " ". AGREEM.ENT THIS AGREEMENT is made and entered into this day of , 19 , by and between the CITY OF SEAL BEACH, a municipal corporation, hereinafter referred to as "CITY" and , hereinafter referred to as "OPERATOR". w 1. T N 'E S .[ E T H WHEREAS, The City Council of the City of Seal Beach has selected OPERATOR as one of the '~fficial Police Tow Truck Services"; and WHEREAS, the Rules and Regulations for Official Police Tow Truck Services requires that an agreement be executed between CITY and OPERATOR which contains the eligibility requirements, operating regulations and fee schedules for the operation of "Official Police Tow Truck Services". NOR, THEREFORE, in consideration of the foregoing, the parties hereto agree as follows: 1. The parties hereto mutually agree that the operation of OPERATOR'S "Official Police Tow Truck Service" will be in conformity with the eligibility requirements and operating regulations contained in the Rules and Regulations for Official -10- .. Resolution Numoer Police Tow Truck Services, which is attached hereto marked as " , Exhibit "A" and which by this reference is incorporated herein as if fully set forth. 2. The parties hereto further mutually agree that the fee schedule for the operation of the "Official Police Tow Truck Services" within the City of Seal Beach shall be as set forth in that resolution adopted by the City Council of the City of Seal Beach on , which is attached hereto marked as Exhibit "B" and which by this reference is I incorporated herein as if fully set forth. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year set forth above: I -11- :. . , . ~ M;" " .... ... Resolution Number SEAL BEACH POLICE DEPARTMENT '. ANNUAL TOW CAR INSPECTION REPORT-; REGISTERED OWNER: BUSINESS OP: ON ROTATION LIST :Yes-No: ADDRESS: PHONE: DAY: NIGHT: HOURS ON CALL: AUTO CLUB REPRESENTATIVE: INS, CO.: POLICY IF: EXP.DATE:_ I TYPE COVERAGE: - STORAGE FACILITIES: OUTSIDE___FENCED___INSIDE___ABANDONED VEHICLES:Yes-No TOW CAR: MAKE/AXLES: CAPACITY: LIC, IF SAFEKEEPING OF VALUABLES: IN CAB LOCKED COMPARTMENT: 24605 V. C. REAR AND STOP LAMP WITH EXTENSION CORD: 25253 V.C. WARNING LAMPS: TOTAL NO. APPROVED TYPE: Yes-No 2530,2 V. C. RED FLARES, LANTERNS OR REFLECTORS: TYPE AND NO: 25302 V,C. WARNING SIGNS (Sec. 711 of Title 13): 27700 V.C. BROOM___SHOVEL FIRE EXT:___DRY CHEMICAL/C02 27907 V.C. NAME, ADDRESS AND PHONE ON L & R SIDES: 9701 R & TC B.E. LICENSE # I COMMENTS: