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HomeMy WebLinkAboutOrdinance #3395 ORDINANCE NO. 3395 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 5.66 OF THE HUNTINGTON BEACH MUNICIPAL CODE PERTAINING TO MOTOR VEHICLE TOWING SERVICE, RELEASE OF VEHICLES, AND CHANGE OF RATES AND CHARGES The City Council of the City of Huntington Beach does ordain as follows: SECTION 1: Section 5.66.160 of the Huntington Beach Municipal Code is hereby amended to read as follows: 5.66.160 Release of vehicle. A tow operation permittee shall provide for release of vehicles Monday through Friday from 8 a.m. to 5 p.m., excluding officially recognized holidays. 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 control 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 required 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. A lien attaches when any vehicle is capable of being towed upon the roadway by a tow truck. Any vehicle owner who returns to their vehicle while the vehicle is still present may retrieve their vehicle per California Vehicle Code Section 28851(a)(2) by paying a "drop-fee" established by City Council resolution, one-half the normal tow fee. SECTION 2: Section 5.66.170 of the Huntington Beach Municipal Code is hereby amended to read as follows 5.66.170 Rates and charges--Signs--Change of. (a) Rates and charges for all tows and vehicle storage shall be established by resolution of the City Council of the City of Huntington Beach. Written notice of -- proposed changes shall be mailed to the affected tow services a minimum of forty-five (45) days prior to the date set for City Council approval by the Chief of Police or his designee. (b) 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 transactions take place. Such list shall have 1 jmplklordinance/566tow/6/1/98 3395 letters a minimum of (1) inch high with one quarter inch stroke on a background of contrasting color. (c) No tow or storage fee charged shall be higher than the fees authorized by resolution of the City Council. SECTION 3. This ordinance shall take effect 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the 6th day of Jul , 1998. ATTEST: Mayor APPROVED AS T FORM: City Clerk REVIEWED AND APPROVED ty Attorney r ;;Z !N[TI AND APPR City Admi strator P iice Chief 2 jmplklordinance1566tow1611198 i Ord. No. 3395 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-off cio 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 15th day of June, 1998, and was again read to said City Council at a regular meeting thereof held on the Gth day of July, 1998, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council_ AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: None ABSTAIN: None I,Connie Brockway CITY CLERK of the City of Huntington Beach and ex-officio Clerk ofthe City Council,do hereby certify that a synopsis of this ordinance has been published in the Independent on 19 In accordance with the City Charter of said City City Clerk and ex-off cio erk Connie Brockway BB�roc�kwa City Clerk of the City Council of the City Deputy City Clerk of Huntington Beach, California Glordinanclordbkpg M198