HomeMy WebLinkAboutOrdinance #3480 ORDINANCE No. 3480
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
ADDING CHAPTER 5.67 TO THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO NON-CONSENSUAL MOTOR VEHICLE TOWING SERVICE
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. The Huntington Beach Municipal Code is hereby amended by adding
Chapter 5.67, said chapter to read as follows: _
Chapter 5.67
NON-CONSENSUAL MOTOR VEHICLE TOWING SERVICE
Sections:
5.67.010 Scope of Chapter
5.67.020 Towing operation defined
5.67,030 Rates and charges
5.67.010 Scope of Chapter. The provisions of this Chapter shall apply to all persons and
businesses providing nonconsensual vehicle tow service pursuant to California Vehicle Code
Sections 22658 and 22953, and similar successor statutes which is not directed by the
Huntington Beach Police Department or other Iaw enforcement agency whether established
before or after the effective date hereof.
5.67.020 Towing operation defined.
(a) 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, without the implied or express consent or knowledge of
the owner(s) of the vehicle pursuant to California Vehicle Code Section 22658(a)[illegal
parking on private property] and Section 22953(b)[illegal parking within 15 feet of a fire
hydrant, in a fire lane, or in a stall designated for disabled person parking] and related and
successor statutes, and which is not directed by the Huntington Beach Police Department.
(b) The provisions of this Chapter shall not apply to any other towing operation, including,
but not limited to, towing operations:
{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;
00ordiMC5.67I1014/00 1
(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;
(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 non-
emergency towing assignments require authorization from the registered
owner, legal owner, driver, or other person in control of such vehicle.
(5) That provides tow service which is directed by the Huntington Beach Police
Department pursuant to Huntington Beach Municipal Code Section 5.66,
5.67.030 Rates and charges.
(a) Pursuant to California Vehicle Code Section 22658(i) and 0)the City Council of the City
of Huntington Beach shall establish by Resolution rates and charges for all towing
operations.
(b) No tow fee charged shall be higher than the fees authorized by Resolution of the City
Council.
SECTION 2. This Ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the Ath day of December , 2000.
Mayor
ATTEST:
APPROVED AS TO FORM:
City Cleric
JJD
City Attorney 1�
REVIEWED AND APPROVED:
M T AND APPRO E
City Aeministrator -
Police Chief
00ord/MCS.67/10/18/00 2
Ord. No. 3480
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
T, 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 r_,egular meeting thereof held on the 20th day of November, 2000, and was again
read to said City Council at a re ular meeting thereof held on the 4th�day of
December,2000, and was passed and adopted by the affirmative vote of at least a
majority of all the members of said City Council.
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Basler
NOES: None
ABSENT: None
ABSTAIN: None
I,Connie Brockway CITY CLERK ofthe 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
.Gv
LEG EMQE J '2000
In accordance with the City Charter of said City City Clerk and ex-offlcio 61erk
y Connie Brockway, City CIerk of the City Council of the City
�`�eputy City Clerk of Huntington Beach, California
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