HomeMy WebLinkAboutOrdinance #2445 i
ORDINANCE NO. 2445
AN URGENCY ORDINANCE OF THE CITY OF HUNTINGTON
BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL
CODE BY ADDING THERETO NEW CHAPTER 5. 66 ENTITLED,
"MOTOR VEHICLE TOWING SERVICE"
The City Council of the City of Huntington Beach does
ordain as follows:
SECTION 1. The Huntington Beach Municipal Code is hereby
amended by adding thereto new Chapter 5 .66 entitled, "Motor
Vehicle Towing Service" to read as follows:
5 .66 .010 Towing operation defined. As used in this
chapter, "towing operation" means the activity of towing ve-
hicles for compensation within the city of Huntington Beach.
Towing operation includes the storing of vehicles and all
other services performed incident to towing. The provisions
of this chapter shall not apply to any towing operation:
(a) That provides tow service exclusively to members of
an association, automobile club or similar organization, and
receives remuneration only from the sponsoring association, auto-
mobile club or similar organization;
(b) That provides tow service without charge or fee for
other vehicles owned or operated by the individual or organiza-
tion furnishing tow service;
(c) That provides tow service for other vehicles owned
or operated by the individual or organization furnishing the
tow service, but which are being operated under terms of a
rent or lease agreement or contract, and such towing is per-
formed on a nonprofit basis or said fee is a part of the rent
or lease agreement or contract;
(d) That, being located in another city, enters the city
of Huntington Beach on a nonemergency towing assignment for the
purpose of towing a disabled vehicle back to said city for re-
pair. A nonemergency towing assignment includes towing of
vehicles that have been involved in a collision, but have been
removed from the scene; that have experienced mechanical
failure, but have been removed from the roadway and no longer
constitute a hazard; or that , being mechanically operative, are
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towed for convenience. All nonemergency towing assignments re-
quire authorization from the registered owner, legal owner,
driver, or other person in control of such vehicle. Persons
soliciting for such nonemergency towing assignments within the
city shall be deemed to come within the provisions of this
chapter and are required to have a permit as provided herein.
5 .66.020 Permit required . No person shall engage in,
manage , conduct or operate a towing operation business without
a written permit from the chief of police .
5.66.030 Application for permit--Fee . An application for
a permit shall be filed with the chief of police on forms fur-
nished by him, shall be accompanied by a fee of one hundred
dollars ($100) , and shall contain the following information:
(a) The name, date of birth, driver' s license number,
business and residence address of the applicant, if a natural
person; or if a corporation, its name, date and place of incor-
poration, address of its principal place of business , and the
names of its principal officers , together with their respective
residence addresses; or if a partnership, association or unin-
corporated company, the names of the partners, or of the persons
comprising such association or company, and the business and
residence of each partner or person;
(b) A description of each tow truck or other vehicle
proposed to be used by the applicant , together with engine
i
identification numbers and state vehicle license numbers thereon;
(c) The names , date of birth, addresses and drivers ' li-
cense numbers of all tow truck operators employed by the
applicant;
(d) The business , occupation, or employment history of
the applicant for three (3) years immediately preceding the date
of the application, including, if applicable, the business li-
cense and permit history while operating as a tow service;
(e) All criminal convictions or proceedings in which a plea
of guilty or nolo contendere was entered, including vehicle code
violations ;
(f) Such other identification and information as the
Chief of Police deems necessary to carry out the purposes of
this chapter.
5 .66. 040 Denial of permit. The chief of police, or his
authorized representative, shall cause an investigation of the
applicant, and the application for a permit may be denied on
any of the following grounds:
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(a) The applicant is unfit to be trusted with the privi-
leges granted by such permit , or has a bad moral character ,
intemperate habits or a bad reputation for truth , honesty or
integrity.
(b) The applicant is a person under the age of eighteen
( 18) years;
( c) The applicant , his agent or employee , or any person
connected or associated with the applicant as partner , director ,
officer, stockholder, associate , or manager has committed or
aided or abetted in the commission of any act or act of omission
which if committed by a permittee would be grounds for suspen-
sion or revocation of a permit ; or
(d) The applicant , his agent or employee , or any person
connected or associated with the applicant as partner , director ,
officer, stockholder, associate or manager has been refused a
permit or had a permit revoked or has been an officer , director ,
member , partner or manager of any person who has been refused
a permit or had a permit revoked.
5. 66. 050 Notice of denial. The chief of police , or his
authorized representative , shall notify the applicant of his
intention to deny an application for a permit. Service of such
notice shall be made personally or by certified mail. The no-
tice shall include or be accompanied by a statement that the
applicant may appeal such denial to the city council by filing
a written request for hearing therefor with the city clerk
within ten (10) days after service upon him of the notice of
intention to deny, and that failure to do so will constitute
a waiver of his right to appeal.
5. 66. 060 City council hearing. Whenever the city clerk
has scheduled an appeal before the city council , at the time
and date set therefor , the council shall receive all relevant
testimony and evidence from the applicant , from interested
parties and from city staff. The city council may sustain ,
overrule or modify the action of the chief of police. The
action of the city council shall be final.
5. 66. 070 Permit suspension or revocation. The chief of
police may, in his discretion or upon the verified complaint
in writing of any person, investigate the actions of any per-
mittee and may temporarily suspend for a period not exceeding
one (1 ) year or revoke the permit of any permittee who commits
any one or more of the acts or omissions constituting grounds
for suspension or revocation as provided by this chapter.
Written notice by certified mail shall be furnished the per-
mittee who , within ten (10) days after receipt of notice of
suspension or revocation, may request a hearing before the
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chief of police , or his designee.
5. 66. 080 Suspension or revocation--grounds for. It shall
be grounds for suspension or revocation of a permit if any per-
mittee , his agent or employee or any person connected or asso-
ciated with the permittee as partner , director , officer , stock-
holder , general manager , or person who is exercising managerial
authority of or on behalf of the permittee has :
( a) Knowingly made any false , misleading or fraudulent
statement of a material fact in an application for a permit , or
in any report or record required to be filed with the police
department; or
(b) Violated any provision of this chapter or of any
statute relating to his permitted activity; or
( c) Failed to obtain a current , valid license to do busi-
ness in the city;
(d) Been convicted of a felony or any crime involving
theft or embezzlement ; or
(e) Committed any act constituting dishonesty or fraud; or
( f) A bad moral character , intemperate habits or a bad
reputation for truth, honesty or integrity; or
(g) Committed any unlawful , false , fraudulent , deception
or dangerous act while conducting a towing operation business ; or
(h) Published , uttered or disseminated any false , decep-
tive or misleading statements or advertisements in connection
with the operation of the towing service; or
( i) Violated any rule or regulation adopted by the city
council relating to permittee' s business; or
( j) Wilfully failed to comply with the terms of any con-
tract made as a part of the exercise of the towing operation; or
(k) Conducted the towing operation in a manner contrary
to the peace , health, safety and general welfare of the public; or
(1) Demonstrated that he is unfit to be trusted with the
privileges granted by such permit.
5. 66. 090 Suspension or revocation--Additional grounds.
The following acts committed by a permittee hereunder shall be
additional grounds for the suspension or revocation of a permit :
4.
( a) The permittee , his agents or employees , obtained a
tow contract by use of fraud , trick, dishonesty or forgery; or
(b) The permittee , his agents or employees , stopped and
solicited on any street , highway or other public thoroughfare
the rendering of assistance to a person or disabled vehicle
without first being requested to do so except to render emergency
aid when there exists an imminent peril to life or property; or
( c) The permittee , his agents or employees , towed a vehicle
to a location other than listed as the business address of such
permittee without first receiving authorization to do so by the
person authorizing the tow; or
( d) The permittee , his agents or employees , after towing
a vehicle to the business location of permittee , without au-
thorization , towed such vehicle to another location for storage ;
or
(e) The permittee , his agents or employees , have conspired
with any person to defraud any owner of any vehicle , or any in-
surance company, or any other person financially interested in
the cost of the towing or storage of any vehicle , by making false
or deceptive statements relating to the towing or storage of
any vehicle ; or
( f) The permittee , his agents or employees , removed a ve-
hicle involved in a collision prior to arrival of police , and
a person, as a result of such collision, suffered death or in-
jury; or the driver of an involved vehicle , or a party to such
collision, was under the influence of an intoxicant of any
nature ; or there is evidence that such vehicle was involved in
a hit-and-run collision; or
(g) The permittee , his agents or employees , have charged
for services not performed , equipment not employed or used ,
services or equipment not needed , or have otherwise materially
misstated the nature of any service performed or equipment used.
5. 66. 100 Suspension or revocation--Hearing. Upon receipt
of a request for hearing by permittee , as provided in this
chapter, the chief of police , or his designee , shall notify
permittee by certified mail of the time and place of such
hearing.
At the conclusion of such hearing , the chief of police , or
his designee , may render a decision which shall become effec-
tive immediately; or in the alternative , the chief of police ,
or his designee , may elect to render a written decision which
shall be furnished permittee by certified mail not less than
two (2) working days following the conclusion of the hearing.
5.
Such written decision shall become effective two (2) working days
after the date of mailing of the certified notice.
The decision of the chief of police , or his designee , may
be appealed to the city council , pursuant to the procedure con-
tained in this chapter for denial of a permit , and the permittee
shall have the burden of proving that the decision rendered by
the chief of police , or his designee , was unreasonable , er-
roneous or a clear abuse of discretion.
5. 66. 110 New Application after denial or revocation. When
the permit of any person is revoked for cause , no new or other
application for a permit from the same person shall be accepted
within one (1 ) year after such revocation. When an application
for a permit is denied for cause , no new or other application
for a permit from the same person shall be accepted within one (1)
year after denial unless the applicant can show a material change
in his situation which would justify the issuance of such permit.
5. 66. 120 Insurance required. Before an application for a
permit to operate a towing operation will be received or acted
upon, the applicant must furnish the chief of police , or his
designee , satisfactory evidence of insurance written by an in-
surance company admitted to do business in this state.
5. 66. 130 Business location. Any person conducting a tow-
ing operation business shall maintain a physical location from
which said business is conducted. Such physical location shall
provide an office with an adjacent yard for vehicle storage.
Such location shall be approved by the chief of police , or his
designee , prior to the permit being issued.
5. 66. 140 Towing authorization. A permittee shall not
attach a vehicle to a tow unit without first receiving written
authorization to do so by the registered owner , legal owner ,
driver , or other person in control of said vehicle. Such au-
thorization shall list the services offered and the rates and
charges required therefor. A copy of such authorization shall
be furnished to the person authorizing the tow. Such copy
shall list the name , address and telephone number of the towing
operation business and the days and hours the business is open
for release of vehicles. Such copy shall also be signed by the
tow unit operator performing the authorized service.
5. 66. 150 Removal from private property--Notification. Before
authorizing a tow service to remove any illegally parked vehicle
from private property, the owner or person in lawful possession
of the private property shall notify the Huntington Beach police
department of:
(a) The name , address and phone number of the person au-
6.
thorizing removal of the illegally parked vehicle from private
property.
(b) The location of the private property from which the
vehicle is to be removed.
( c) The name , address and telephone number of the lo-
cation where the vehicle is to be stored.
(d) The license number , model , vehicle identification
number , and color of the vehicle to be removed.
(e) The name and address of the person reporting the
private property impound.
It is the responsibility of the permittee and his tow
truck operator to ensure that the Huntington Beach police de-
partment is notified by the owner or person in lawful posses-
sion of the private property prior to the tow truck operator
removing any illegally parked vehicle. The tow truck operator,
when authorized by the owner or person in possession of the pri-
vate property , shall notify the Huntington Beach police department
on behalf of the owner or person in possession of the private
property.
5. 66. 160 Itemized statement--When required. A permittee
hereunder shall furnish an itemized statement to the person
authorizing the towing service , or his agent. Such permittee
shall furnish an itemized statement of services performed , labor
and special equipment used in completing tow of vehicle and of
the charges made therefor upon the request of:
( a) The registered owner; or
(b) The legal owner; or
( c) The insurance carrier of either (a) or (b) ; or
(d) The duly authorized agent of any of the foregoing.
Such permittee shall furnish a copy of the statement to any
person authorized to receive the statement without demanding
payment as a condition precedent.
5. 66. 170 Vehicle repair or alteration--When permitted. No
permittee shall make any repairs or alterations to a vehicle
without first being authorized by (a) the registered owner, or
(b) the legal owner , or ( c) the insurance agent of either ( a)
or (b) ; or (d) the authorized agent of any of the foregoing.
Parts or accessories shall not be removed from vehicles without
authorization except as necessary for security purposes. Under
such circumstances , the parts or accessories removed shall be
listed on the itemized statement and stored in the business office.
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This section shall not be construed as prohibiting permittees
from making emergency alterations necessary to permit the re-
moval by towing of such vehicle.
5. 66. 180 Release of vehicle . Permittees shall provide for
release of vehicles Monday through Friday from 9 a.m. to 4 p.m. ,
excluding officially recognized holidays. Permittees may ad-
ditionally release vehicles on other days and hours.
Upon application to the chief of police , or his designee ,
and a showing of hardship by the permittee , an adjustment in the
days and hours during which vehicles may be released may be made.
Permittee shall not refuse to relinquish possession or con-
trol of a vehicle to its lawful owner , or to the agent of the
lawful owner as evidenced by keys which operate said vehicle
and by the statement and driver' s license of said agent , where
said vehicle has been seized as a private property impound and
where such vehicle has not yet been removed to a garage as re-
quired by California Vehicle Code section 22851. For the purpose
of this section, a vehicle is removed to a garage when it is
physically present in such garage. Conditioning the release of
a vehicle not yet removed to a garage upon payment of a charge
or "let-down fee" shall be deemed to be a refusal to relinquish
posession or control.
5. 66. 190 Rates and charges--Signs--Change of. (a) Per-
mittees shall maintain a sign listing the rates and charges of
all services offered. Such sign shall be conspicuously placed
in the office or other place where customer financial transac-
tions take place. The letters on such sign shall be a minimum
of one ( 1) inch high with one quarter inch stroke. The letters
shall be a contrasting color from the background.
(b) Applicants for towing operation permits shall file a
schedule of rates and charges for each service offered with
the police department. No charge other than the rates and
charges specified in such schedule shall be made except as
herein provided.
Changes in rates and charges shall be made by written
notice containing the new schedule of rates and charges to the
police department at least ten (10) days prior to becoming ef-
fective. A duplicate copy of such notice shall be posted for
a period of ten (10) days in the office of the towing operation
business next to the posted schedule of existing rates and
charges.
5. 66. 200 Tow unit operators--Permit required. (a) No
person shall operate or drive a tow unit without a written
8.
permit from the chief of police .
(b) No person shall be employed as a tow unit operator
until such time as said person has received a written permit
from the chief of police to act as a tow unit operator.
5.66. 210 Tow unit operators--Identification card. Every
person directly engaged in the operation of a tow unit shall
carry on his person at all times while so engaged , an identi-
fication card , issued by the police department , identifying
the bearer as a tow unit operator , and shall display such card
to any police officer upon request. The identification card
shall bear the name , physical description , business address,
and photograph of the permittee , and the name and address of
the garage employing the permittee.
The identification card shall be returned to the police
department immediately upon suspension , revocation or termina-
tion of employment.
5. 66. 220 Permits--Nontransferable. Permits shall not
be transferable except as hereinafter provided.
5. 66. 230 Change of ownership. When a towing operation
for which a permit has been issued is sold or transferred to one
of the transferees listed in this section , the chief of police ,
or his designate , may endorse a change of ownership on such
permit upon written application by the transferee. Only the
following transferees or successors shall be entitled to such
transfer of permit :
( a) Duly qualified representatives of permittees regularly
appointed by courts of competent jurisdiction, assignees for
the benefit of creditors , and spouses or children of deceased
permittees.
(b) The surviving partner or partners of a dissolved
partnership.
( c) A new partnership consisting of the members of a
predecessor partnership , plus their spouse or spouses of any
• such members.
( d) A new corporation organized and controlled by an in-
dividual or unincorporated permittee for the purpose of acquir-
ing , and which has acquired the assets of the business previously
owned and operated by such permittee.
( e) Upon dissolution of a closely held corporation , the
stockholders to whom the assets are distributed.
9•
5. 66. 210 Change of Ownership--Application fee. A trans-
feree or successor entitled to a transfer of permit must file
an application for such transfer with the chief of police within
thirty ( 30) days after he assumes control of the towing opera-
tion. The chief of police may require such evidence of the
transfer of ownership or control as he deems necessary. A fee
equal to 20 percent of the original fee for the permit shall
accompany the application.
5. 66. 250 Change of ownership--Action on. The chief of
police shall transfer the permit to an applicant entitled to
such transfer if he finds that the transfer will not adversely
affect the peace , health, safety, convenience and general wel-
fare of the public , and the transferee possesses the qualifica-
tions required of original applicants.
5.66. 260 Permit for each location required. No pe rmittee
shall conduct a towing operation at a location other than the
location specified in the permit.
5. 66. 270 Change of location. Where no conflict exists
with the city' s zoning regulations or other provisions of
this code , a change of location may be endorsed on a permit by
the chief of police , or his designee , upon written application
by a permittee , accompanied by a change of location fee in the
sum of twenty-seven dollars ($27) .
5. 66. 280 Permits--Term of. Permits issued pursuant to
the provisions of this chapter may be renewed every two ( 2)
years unless sooner revoked , suspended or cancelled.
5. 66. 290 Scope of chapter. The provisions of this chap-
ter shall apply to all persons and businesses described herein
whether established before or after the effective date of this
chapter. Towing operations presently existing in the city shall
have thirty ( 30) days after the effective date of this chapter
in which to comply with the provisions hereof.
5. 66. 300 Violation--Penalty. Any person violating any
provision of this chapter shall be guilty of a misdemeanor and
upon conviction thereof shall be punished by a fine of not more
than five hundred dollars ( $500) or by imprisonment in the
county jail for a period not to exceed six (6) months , or by
both such fine and imprisonment , and each such person shall be
guilty of a separate offense for each and every day or portion
thereof during which any violation of any of the provisions of
this chapter is committed , continued , or permitted.
SECTION 2. If any section , subsection , sentence , clause ,
phrase or portion of this ordinance is for any reason held to be
10.
invalid or unconstitutional by the decision of any court of com-
petent jurisdiction, such decision shall not affect the validity
of the remaining portions of this ordinance . The City Council of
the City of Huntington Beach hereby declares that it would have
adopted this ordinance and each section, subsection, sentence ,
clause, phrase, or portions thereof, and amendments thereto, ir-
respective of the fact that any one or more sections , subsec-
tions, sentences , clauses , phrases or portions , or amendments
be declared invalid or unconstitutional.
SECTION 3. This is an emergency ordinance necessary for
the immediate preservation of the public peace , health and
safety and shall take effect upon adoption. The City Council
finds that there is an urgent and immediate need and necessity
to regulate businesses which tow and store motor vehicles within
the city, that such need and necessity has arisen out of certain
abusive activities currently practiced within the city, including
but not limited to the illegal towing of parked motor vehicles ,
the charging of excessive fees for towing and storage, and the
like.
SECTION 4. The City Clerk shall certify to the passage of
this ordinance and shall cause same to be published within fif-
teen days of its adoption in the Huntington Beach Independent, a
newspaper of general circulation.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 8th
day of July , 1980. .,
0
Mayor
ATTEST: APPROVED AS TO FORM:
t
City Clerk CitAttorney
11 .
Emergency Ord. No. 2445
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified and acting
City Clerk of the City of Huntington Beach and ex-officio Clerk of the
City Council of the .said City, do hereby certify that the foregoing
ordinance was read to the City Council of the City of Huntington Beach
a(.journed
at a/regular meeting thereof held on the 8th day of July
19 $0 and was passed and adopted by at least four-fifths (4/5)
affirmative votes of said City Council.
AYES: Councilmen:
Thomas, Finley, Bailey, MacAllister, Kelly
NOES Councilmen:
None
ABSENT Councilmen:
Pattinson
Councilmen:
ABSTAIN: Mandic
City Clerk and ex-of fixio Clerk
of the City Council of the City
of Huntington Beach, California
!, ;Mcia M. Wontwo►Ch COY CLERK of the City of
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