HomeMy WebLinkAboutOrdinance #3330 ORDINANCE NO. p_
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 5.66 OF THE HUNTINGTON BEACH MUNICIPAL
CODE BY PERTAINING TO MOTOR VEHICLE TOWING SERVICE
The City Council of the City of Huntington Beach does ordain as follows:
SECTION 1. That Chapter 5.66 of the Huntington Beach Municipal Code is hereby
amended by amending Section 5,66,010 to read as follows as follows:
5.66.010 Scone of chanter. The provisions of this chapter shall apply to all persons and
businesses providing non-consensual vehicle tow service whether established before or after the
effective date hereof.
SECTION 2. That Chapter 5.66 of the Huntington Beach Municipal Code is hereby
amended by amending Section 5,66.020 to read as follows as follows:
5.66.020 Towing operation defined.
(a) As used in this chapter, "towing operation" meads the activity of towing and storing of
vehicles, and the performance of other services incident thereto, for compensation
within the city of Huntington Beach, without the consent of owner(s) of the vehicle.
Such towing shall include:
(1) Any official police impound garage and towing service, designated by resolution of
the City Council.
(2) Any police directed tow, including but not limited to:
(a) Any tow from the scene of an accident, arrest, or issuance of a citation;
(b) Any tow of an illegally parked vehicle for violation of any local, state or federal
regulation.
(b) The provisions of this chapter shall not apply to any towing operation:
(1) 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;
(2) That provides tow service without charge or fee for other vehicles owned or
operated by the individual or organization furnishing tow service;
(3) 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 performed on a
nonprofit basis or said fee is a part of the rent or lease agreement or contract;
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3330
(4) That provides exclusively consensual, nonemergency towing assignments which include
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 towed for
convenience. All nonemergency towing assignments require authorization from the
.registered owner, legal owner, driver, or other person in control of such vehicle.
SECTION 3. The City Council declares that this emergency ordinance is required for the
immediate preservation of the public peace, health, or safety. Therefore, pursuant to Section 501
of the City Charter, this ordinance shall become effective immediately upon its affirmance by at
least five of the members of the City Council.
SECTION 4. This ordinance shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting held thereof on the loth day of may , 1996.
ATTEST:- Mayor
/. rizr APPROVED AS TO FORM:
City Clerk
REVIEWED AND APPROVED City Attorney
INITIATED AND APPRO .
dministrator
;Vff�
Poli& Chief
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Ord, No. 3330
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of 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 meeting thereof held on the 6th of May, 1996, and was again read to said
City Council at a rear meeting thereof held on the 20th of Ma,, ,-6, and was
passed and adopted by the affirmative vote of at least a majority of all the members of
said City Council.
AYES: Councilmembers:
Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo
NOES: None
ABSENT: - Harman
I,Connie Brockway CITY CLERK of the City of
Huntington Beach and ex-officio Clerk of the City Council,
do hereby certify that a synopsis of this ordinance has been
published in the Independent on
19
i
In accordance with the City Charter of said City City Clerk and ex-officio Clerk
Connie Brockway City Clerk of the City Council of the City
l Deputy City Clerk of Huntington Beach, California
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