HomeMy WebLinkAboutOrdinance #3481 ORDINANCE NO. 3481
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 5.66 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO THE MOTOR VEHICLE TOWING SERVICES
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. The title of Chapter 5.66 is amended to read as 'Police Directed Motor
Vehicle Towing Service."
SECTION 2. Section 5.66.010 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
5.66.010 Scope of chapter. The provisions of this chapter shall apply to all persons and businesses
providing nonconsensual vehicle tow service which is directed by the Huntington Beach Police
Department whether established before or after the effective date hereof.
SECTION 3. Section 5.66.020 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
5.66.020 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'which is directed by the Huntington Beach Police Department
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 any tow from the scene of an
accident, arrest, or issuance of a citation.
(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;
(4) That provides exclusively consensual, nonemergency towing assignments which
include towing of vehicles that have been involved in a collision,but have been
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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, and/or
(5) That provides tow service without the implied or express consent or knowledge of
the owner(s) of the vehicle which is not directed by the Huntington Beach Police
Department, including but not limited to towing initiated 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 their successor statutes.
SECTION 4 Section 5.66.130 is deleted in its entirety.
SECTION 5 Section 5.66.134 is deleted in its entirety.
SECTION 6. 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.
SECTION 7. 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 4th day of December , 2000.
ayor
ATTEST:
C
APPROVED AS TO FORM:
City Clerk fia �
City Attorney
REVIEWED AND APPROVED:
INITIATED AND APPROVED:
City Administrator I
City Attorney
OOord/mc5.66a/10/17/00 2
Ord. No. 3481
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 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, Bauer
NOES: None
ABSENT: None
ABSTAIN: None
I,Connie Brockway CrrY 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
2000
In accordance with the City Charter of said City City Clerk and ex-officio Clerk
Conroe Brockway, City Clerk of the City Council of the City
� ic•�c epiq City Clerk of Huntington Beach, California
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