Chapter 10.72 TOWING SERVICE REQUIREMENTS

Any towing service operator who meets the requirements provided for herein and who enters into a signed agreement to provide towing services with the City shall provide said services at the request of the police department. The name of each such operator shall be placed on a list from which the police department shall select, on a rotational basis, the operator whose services are required at any given time. Towing companies who meet the minimum requirements may apply to be placed on the City rotation list.

The police chief shall have the authority to enter into and sign the written agreement, on behalf of the City, with any applicant that meets the minimum standards identified in both this chapter and in the written agreement.

The storage lot must be within 15 miles of any City boundary and must have adequate storage space to accommodate not less than 10 vehicles in a secure storage area, and one covered space will be required. Such storage area and any fences surrounding the same must be approved, in writing, by the chief of police. It is the intent of this chapter that such buildings and fences must reasonably screen the stored vehicles from public view. Stored vehicles and the contents must be safe from pilfering or tampering. Storage lots in the City shall be in compliance with City zoning and safety regulations.

Adequate public liability, property damage, fire and theft insurance must be maintained by the operator, as defined in the agreement. A copy of the certificate of insurance shall be kept on file in the office of the City Clerk.

The operator shall keep a record of the vehicles and license numbers; date and time each was towed and location from which it was towed; name of the officers ordering the towing and whether the vehicle was impounded or towed at the owner's request. Said records shall be subject to inspection by the City.

After being dispatched by the police department to the scene, the operator shall cooperate with the police officers in removing hazards and illegally parked vehicles, as requested.

Only tow cars bearing the name of operator's firm, corporation or association shall be dispatched to the scene of need, unless the police officer at the scene approves the use of a tow car or truck which is unmarked or showing a different name than the contracting operator's name.

Pursuant to state law, the operator shall be responsible for collecting all fees and charges and shall handle and process all lien sales involving vehicles towed and stored by the operator under this chapter; provided, however, that the police department shall handle and process the disposition of low-valued vehicles as set forth in CVC Section 22851.2.

Vehicles impounded by the police for special investigations, i.e., fingerprints, etc., shall be held in a place of maximum security by the operator until released in writing by the police department. Written release by the police department shall be made within 24 hours after first having been impounded, unless there are specific reasons the police department cannot provide for a release within 24 hours. Contents of the vehicles with a police "hold" shall not be removed without the prior written approval of the police department.

The operator shall be responsible for the acts of its employees or agents while on duty. The operator shall assume and be responsible for damage or loss to vehicles while in its possession.

The records, equipment and storage facilities of the operator shall be subject to periodic checks by the police and fire departments.

All vehicles, except vehicles with a police "hold," stored or impounded as a result of a tow ordered by the police department, shall be made available for the purpose of estimating or appraising damages, by the owner of the vehicle or his representative, any insurance agent, insurance adjuster, or any body shop or car dealer.

Vehicles to be appraised shall be accessible to police department personnel. An employee of the operator may be required to assist upon request of the police department.

It is unlawful for any person, not a designated tow operator, as provided herein, to remove from the public streets and tow away any vehicles as described herein. However, the owner or driver of any vehicle may designate any towing service for the removal and towing of his own vehicle.

A violation of any term or condition outlined in this chapter and/or the signed agreement shall be deemed sufficient cause for cancellation and termination of the agreement by the police chief. However, the operator may exercise their right to appeal such cancellation and termination to the City Manager.

Any tow agency or rotation tow that refuses to respond to any call, or refuses to remove an abated or abandoned vehicle, shall be removed from both rotation lists maintained by the police department.

Any appeal shall be by written notice of appeal delivered to the police chief within five days of the operator being notified of the action from which the appeal is taken. The police chief shall deliver a copy of the notice of appeal to the City Manager, who shall schedule a hearing on the appeal within 15 days.

It is unlawful for any tow operator, their agent or employee, to solicit any tow job under this chapter at the scene of an accident without having first been called by the owner or operator of the disabled vehicle, or by the City police department. Any violation of this section will be an infraction.

Should a towing company under contract with the police department perform any services or act in a manner not in accordance with the provisions contained in this chapter, the police department shall be held harmless from any and all liability or damage arising therefrom and shall not be accountable. All complaints received concerning the quality and standards of service performed by the tow operators shall be investigated and, if substantiated, shall be deemed sufficient cause for cancellation and termination of any contract or operating agreement entered into for the performance of such service between the police department, its employees and the tow company.