HomeMy WebLinkAboutOrdinance #2789 r
ORDINANCE NO. 2789
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
BY REPEALING CHAPTER 5.66, AND ADDING THERETO
NEW CHAPTER 5.66 ENTITLED, "TOWING SERVICE"
The City Council of the City of Huntington Beach does
ordain as follows:
SECTION 1. Chapter 5.66 of the Huntington Beach Municipal
Code is hereby repealed.
SECTION 2. The Huntington Beach Municipal Code is hereby
amended by adding thereto new Chapter 5.66 entitled, "Towing
Service, " to read as follows:
5.66.010 Scope of chapter. The provisions of this chapter
shall apply to all persons and businesses providing a vehicle tow
service, whether established before or after the effective date
hereof. Existing towing operations shall have thirty (30) days
after the effective date of this chapter in which to comply with
its provisions.
5.66.020 Towing operation defined. As used in this chapter,
"towing operation" means the activity of towing and storing of
vehicles, and the performance of other services incident thereto,
for compensation within the city of Huntington Beach, and shall
include any official police impound garage and towing service,
designated by resolution of the city council. 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, automobile club
or similar organization;
(b) That provides tow service without charge or fee for other
vehicles owned or operated by the individual or organization fur-
nishing 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
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lease agreement or contract, and such towing is performed 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 ve-
hicles that have been involved in a collision, but have been
removed from the scene; that have experienced mechanical fail-
ure, but have been removed from the roadway and no longer con-
stitute a hazard; or that, being mechanically operative, are
towed for convenience. All nonemergency towing assignments
require 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. 030 Towing operation--Permit required. No person
shall engage in, manage, conduct or operate a towing operation
without a written permit from the chief of police.
5.66.040 Application for towing operation permit--Fee. An
application for a towing operation permit shall be filed with
the chief of police on forms furnished by him, shall be accom-
panied by a fee set by resolution of the city council, and
shall contain the following information:
(a) The name, date of birth, driver ' s license number,
business and residence addresses 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 per-
sons 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
number, vehicle identification number, and state vehicle
license number thereon;
(c) The names, dates of birth, addresses and drivers ' li-
cense numbers of all tow truck operators employed by the appli-
cant;
(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 license
and permit history while operating as a tow service;
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(e) All criminal convictions or proceedings in which a
plea of guilty or nolo contendere was entered, including ve-
hicle code violations;
( f) Such other identification and information reasonably
necessary for the chief of police to carry out the purposes of
this chapter.
5.66.050 Denial 'of towing operation permit. The chief of
police, or his designee, shall cause an investigation of the
applicant, and the application for a permit may be denied on
any of the following grounds:
(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 has not completed all portions of the
application.
(c) The applicant is a person under the age of eighteen
PP P 9 g
(18) years;
(d) The applicant has made a material misrepresentation in
the application;
(e) The applicant, his agent or employee, or any person
connected or associated with the applicant as partner, direc-
tor, 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 suspension or revocation of a permit;
( f) The towing service, as proposed by the applicant, does
not comply with all applicable laws including, but not limited
to, health, zoning, fire and safety requirements and standards.
5.66.060 Tow unit operators--Permit required. (a) No
person shall operate or drive a tow unit without a written per-
mit 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.
5.66.070 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 identifi-
cation card, issued by the police department, identifying the
bearer as a tow unit operator, and shall display such card to
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any police officer upon request. The identification card shall
bear the name, physical description, business address, and pho-
tograph 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 .66.080 Application for tow unit operator permit--Fee.
An application for a tow unit operator permit shall be filed
with the chief of police on forms furnished by him, shall be
accompanied by a fee, set by resolution of the city council,
and shall contain the following information:
(a) The name, date of birth, driver ' s license number, res-
idence address, and the name and address of his employer;
(b) The business, occupation, or employment history of the
applicant for three (3 ) years immediately preceding the date of
the application, including permit history, if any, as a tow
unit operator;
(c) All criminal convictions or proceedings in which a
plea of guilty or nolo contendere was entered, including ve-
hicle code violations;
(d) Such other identification and information reasonably
necessary for the chief of police to carry out the purposes of
this chapter.
5.66.090 Denial of tow unit operator permit. The chief of
police, or his designee, shall cause an investigation of the
applicant, and the application for a permit may be denied on
any of the following grounds:
(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 has made a material misrepresentation in
his application;
(d) The applicant has not completed all portions of the
application.
(d) The applicant has committed or aided or abetted in the
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commission of any act, or act of omission, which if committed
by a permittee would be grounds for suspension or revocation of
a permit;
(e) The applicant does not possess a valid California
driver ' s license.
5.66.100 Insurance required. Before an application for a
permit to operate a towing operation will be issued or renewed,
the applicant must furnish the chief of police, or his desig-
nee, a certificate of insurance, written by an insurance com-
pany admitted to do business in this state, in minimum amounts
established by resolution of the city council, and approved as
to form by the city attorney.
5.66.110 Business location. Any person conducting a
towing operation shall maintain a physical location from which
his business is conducted. Such physical location shall pro-
vide an office with an adjacent yard for vehicle storage, ap-
proved by the chief of police, or his designee, prior to a
permit being issued.
5.66.120 Towing authorization. A permittee shall not at-
tach a vehic a 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, and shall list
the name, address and telephone number of the towing operation
business and the days and hours the business is open for re-
lease of vehicles. Such copy shall also be signed by the tow
unit operator performing the authorized service.
5.66.130 Removal from private property--Notification. The
owner or person in lawful possession of any private property
may, subsequent to notifying by telephone or the most expedi-
tious means available, the police department, cause the removal
of a vehicle parked on such property to the nearest public
garage, if there is displayed at all entrances to the property
in plain view a sign, 18 x 24 inches in size, prohibiting pub-
lic parking and indicating that vehicles will be removed at the
owner ' s expense, and containing the telephone number of the
police department. Such owner, or person in lawful possession
of any private property, causing the removal of a vehicle
parked on that property shall be liable for any storage or
towing charges if no sign is posted, as provided by this sec-
tion and California Vehicle Code section 22658(a) . The
Huntington Beach police department shall be informed of the
following:
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(a) The name, address and phone number of the person au-
thorizing removal of the illegally parked vehicle.-
(b) The location of the private property from which the
vehicle is to be removed.
(c) The name, address and telephone number of the location
where the vehicle is to be stored.
(d) The license number, model, vehicle identification
number, and the 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 to ensure that
the Huntington Beach police department is notified by the owner
or person in lawful possession of the private property prior to
removal of any illegally parked vehicle, and it shall be unlaw-
ful to remove such vehicle until such notification has been
given. The tow truck operator, with authorization of the owner
or person in lawful possession of the private property, shall
notify the police department on behalf of the owner or person
in lawful possession of such private property.
5.66.140 Itemized statement--When required. A permittee
hereunder shall furnish to the person authorizing the towing
service, or his agent, an itemized statement of services per-
formed, including labor and special equipment used in towing
the vehicle and 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.
The permittee shall furnish a copy of such statement to any
person authorized to receive the same without demanding payment
as a condition precedent.
5.66.150 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 any vehicle
without authorization except as necessary for security pur-
poses. Under such circumstances, the parts or accessories re-
moved shall be listed on the itemized statement and stored in
the business office. This section shall not be construed as
prohibiting permittees from making emergency alterations neces-
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sary to permit the removal by towing of such vehicle.
5.66.160 Release of vehicle. A tow operation permittee
shall provide for release of vehicles Monday through Friday
from 9 a.m. to 4 p.m. , excluding officially recognized 'holi-
days Permittees may additionally 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 pur-
pose 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 possession or control.
5.66.170 Rates and charges--Signs--Change of. (a) A tow
operation permittee shall post and maintain a list of the rates
and charges for all services offered, placed conspicuously in
the office or any location where customer financial transac-
tions take place. Such list shall have letters a minimum of
one (1) inch high with one quarter inch stroke on a background
of contrasting color.
(b) Applicants for towing operation permits shall file
with the police department a schedule of rates and charges for
each service offered. No charge other than the rates and
charges specified in such schedule shall be made except as
herein provided. No fee charged in connection with removal of
a vehicle from private property, pursuant to section 5.66.1301
shall be higher than the fees authorized by resolution of the
city council.
Changes in rates and charges shall be made by written
notice, containing the new schedule, to the police department
at least ten (10) days prior to becoming effective. A dupli-
cate copy of such notice shall be posted next to the schedule
of existing rates and charges for a period of ten (10) days in
the office of the towing operation business.
5.66.180 Permits--Nontransferable. Permits shall not be
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transferable except as hereinafter provided.
5.66.190 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 designee, 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 pred-
ecessor 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 ac-
quiring, or 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.
5.66.200 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 with--
in thirty (30) days after he assumes control of the towing op-
eration. 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.
5.66.210 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.
5.66.220 Permit for each location required. No tow opera-
tion permittee shall conduct a towing operation at a location
other than the location specified in the permit.
5.66.230 Change of location. Where no conflict exists
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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 a sum set
by resolution of the city council.
5.66.240 Permit renewal. Permits for towing operations
and tow unit operators may be renewed on a year-to-year basis
provided that the permittees continue to meet the requirements
contained in this chapter. The renewal fee for a towing opera-
tion and for a tow unit operator shall be set by resolution of
the city council.
5.66.250 Towing service--Permit denial--Appeal If the
chief of police, following investigation of the applicant,
finds that the applicant does not meet the requirements set
forth in this chapter, he shall deny the application and notify
the applicant by certified mail of such denial. Any applicant
who is denied a permit by the chief of police may appeal such
denial to the city administrator, pursuant to the provisions of
this chapter.
5.66.260 Permit suspension and revocation. The chief of
police, or his designee, may, based on evidence that any provi-
sion of this chapter has been violated, suspend or revoke a
permit. The permittee shall be provided with written notice by
first class mail, postage prepaid, of such suspension or revo-
cation. The permittee may file an appeal with the city clerk
within fifteen (15) days of the date of mailing of the notice
of denial, suspension or revocation. In the event an appeal is
timely filed, the suspension or revocation shall not take
effect until final decision has been rendered by the city
administrator, or his designee, unless permittee has requested
a continuance, as provided elsewhere in this chapter. If no
appeal is filed, the suspension or revocation shall become
effective upon expiration of the period for filing appeals.
5.66.270 Suspension or revocation--Grounds for. It shall
be grounds for suspension or revocation of a permit, issued
under the provisions of this chapter, if any permittee, his
agent or employee or any person connected or associated with
the permittee as partner, director, officer, stockholder, gen-
eral 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
9.
statute relating to his permitted activity; or
(c) Been convicted of a felony or any crime involving
theft or embezzlement; or
(d) Committed any act constituting dishonesty or fraud; or
(e) Committed any unlawful, false, fraudulent, deceptive
or dangerous act while conducting a towing operation business;
or
(f) Published, uttered or disseminated any false, decep- .
tive or misleading statements or advertisements in connection
with the operation of the towing service; or
(g) violated any rule or regulation adopted by the city
council relating to permittee ' s business or activity; or
(h) Wilfully failed to comply with the terms of any con-
tract made as a part of the exercise of the towing operation; or
(i ) Conducted the towing operation in a manner contrary to
the peace, health, safety and general welfare of the public; or
( j ) Operated a tow unit without a valid California
driver ' s license, or when such license has been suspended or
revoked; or
(k) The permittee, his agents or employees, obtained a tow
contract by use of fraud, trick, dishonesty or forgery; or
(1) 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 emer-
gency aid when there exists an imminent peril to life or prop-
erty; or
(m) The permittee, his agents or employees, towed a ve-
hicle 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
(n) The permittee, his agents or employees, after towing a
vehicle to the business location of permittee without authori-
zation, towed such vehicle to another location for storage; or
(o) The permittee, his agents or employees, have conspired
with any person to defraud any owner of a vehicle, or any in-
surance company, or any other person financially interested in
the charges for towing or storage of a vehicle, by making false
10.
or deceptive statements relating to such towing or storage; or
(p) 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 a drug or intoxicant of
any nature; or there is evidence that such vehicle was involved
in a hit-and-run collision; or
(q) The permittee, his agents or employees, has charged
for services not performed, equipment not employed or used,
services or equipment not needed, or has otherwise materially
misstated the nature of any service performed or equipment used.
5.66.280 Appeal procedure. (a) The city administrator,
or his designee, shall schedule a hearing to be held within
fifteen (15) days after the filing of the notice of appeal.
(b) Notice of the date, time and place of the hearing
shall be mailed, postage prepaid, at least ten (10) days prior
thereto to the permittee at the address given in the notice of
appeal, or if none is provided, to the address set forth in the
permit application.
(c) The city administrator, or his designee, in his sole
discretion, may grant or deny continuances ; may dissolve stays
of pending orders of denial, suspension or revocation; and may
appoint outside hearing officers.
(d) The city administrator, or his designee, shall deter-
mine, after consideration of all evidence presented, whether a
permit should be issued, reinstated, suspended or revoked. The
decision of the city administrator, or his designee, shall be
final.
(e) The city administrator shall establish written admin-
istrative regulations implementing the provisions of this
section.
5. 66.290 Appeal--Hearing. The following rules of evidence
shall apply:
(a) Oral evidence shall be taken only under oath or af-
firmation. The hearing officer shall have authority to admin-
ister oaths, and to receive and rule on admissibility of
evidence.
(b) Each party shall have the right to call and examine
witnesses, to introduce exhibits, and to cross-examine opposing
witnesses who have testified under direct examination. The
hearing officer may call and examine any witness.
11.
(c) Technical rules relating to evidence and witnesses
shall not apply to hearings provided for herein. Any relevant
evidence may be admitted if it is material and is evidence cus-
tomarily relied upon by responsible persons in the conduct of
their affairs regardless of the existence of any common law or
statutory rule which might make admission of such evidence im-
proper over objection in civil actions. Hearsay testimony may
be used for the purpose of supplementing or explaining any evi-
dence given in direct examination, but shall not be sufficient
in itself to support a finding unless such testimony would be
admissible over objection in civil actions. The rules of priv-
ilege shall be applicable to the extent that they now, or are
hereafter permitted in civil actions; and irrelevant, collat-
eral, undue, and repetitious testimony shall be excluded.
5.66.300 New application after denial or revocation. When
the permit of any person is revoked or denied for cause, no new
or other application for a permit from the same person shall be
accepted within one (1) year after such revocation or denial
unless the applicant can show a material change in his situa-
tion which would justify the issuance of such permit.
5.66.310 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 3 . The provisions of this ordinance insofar as
they are substantially the same as existing provisions of the
Huntington Beach Municipal Code relating to the same subject
matter shall be construed as restatements and continuations and
not as new enactments.-
SECTION 4. This ordinance shall take effect thirty days
after its passage.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 19th
day of August , 1985.
ATTEST:
0
City Clerk May
12.
REVIEWED AND APPROVED: APPROVED AS TO FORM:
GAIL HUTTON, City Attorney
et4tl-t� ,Al. By
City Administrator Deputy City orney
INITIATED AND APPROVED:
N.
Chief of Police
0002M/0487L/3402
WBS:ahb
9/17/84
3/18/85; 4th Rev.
7/17/85 ; 5th Rev.
13.
Ord. No. 2789
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified 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 whole number
of members of the City Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Council at a regular
Adjourned meeting thereof held on the 6th day of August
19 85 , and was again read to said City Council at a regular
meeting thereof held on the 19th day of August , 1985 and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Kelly, MacAllister, Bailey, Finaly, Green, Thomas
NOES: Councilmen:
None
ABSENT: Councilmen:
None
NOT VOTING: Councilmen: Mandic
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
t, Ago$ M, Wentworth CITY CLERK of the city of
Hunttngtton Beach and ex-offlcia Clerk of the City
council, do hereby certify that a synopsis of this
ordinance has been published in the Hantfetaton
Beach Independent an
..........
In accv�����cc with one City Charter of said City.
ALICIA M. WENTWORTM
...........................................................
City Clerk
geputy City Clerk