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Home My WebLink AboutOrdinance #3503 fNTiza- 8-24—vl ORDINANCE NO. 1503 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 5.66 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO POLICE-DIRECTED MOTOR VEHICLE TOWING SERVICE The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. 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 police-directed vehicle tow service which is directed by the Huntington Beach Police Department whether established before or after the effective date hereof. SECTION 2. 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 at the direction of the Huntington Beach Police Department. Such towing shall include: (1) Any official police impound garage and towing service, as designated the City Council or its designee. (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 01 ord/5-66 tow/7/27/01 1 Ord. No. 3503 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 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 any similar or successor statutes. SECTION 3. Section 5.66.030 of the Huntington Beach Municipal Code is hereby amended to read as follows: 5.66.030 Agreement required. No person shall engage in,manage, conduct or operate a towing operation as an official police impound garage and towing service or perform a police-directed tow unless said person is either employed by or under an agreement with the City to provide said services. The City Council shall approve any such agreement or amendment thereto. SECTION 4. Section 5.66.035 of the Huntington Beach Municipal Code is hereby amended to read as follows: 5.66.035 Agreement - Terms„and Conditions. The City shall select the persons or business(es) that provide police impound garages and towing service pursuant to an open bidding procedure. The selection procedure and standards shall provide at a minimum that: a. No more than three persons or businesses entities shall be awarded agreements. b. City shall use its best efforts to assign requests for towing services on the 151h and last day of the month on a rotating schedule. C. The Tow Operator shall be required to respond to the location specified in a call for service within twenty(20) minutes after notification at least 95% of the time. d. The Tow Operator shall maintain a tow storage yard within the City limits. 01 or&5-66 tow/8/8/01 2 i Ord. No. 3503 C. Tow Operator shall meet all insurance requirements as established by Resolution of the City Council, in addition to insurance requirements as set forth in the Agreement. f. The Agreement will be for a term of no more than five years subject to an option for five additional years. SECTION 5. 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)No tow or storage fee charged shall be higher than the fees authorized by Resolution of the City Council. SECTION 6. The following sections of Chapter 5.66 have been deleted in their entirety: 5.66.040 Application for towing operation permit--Fee 5.66.050 Denial of towing operation permit 5.66.060 Tow unit operators--Permit required 5.66.070 Tow unit operators--Identification card 5.66.080 Application for tow unit operator permit--Fee 5.66.090 Denial of tow unit operator permit 5.66.100 Insurance required 5.66.110 Business location 5.66.120 Towing authorization 5.66.140 Itemized statement--When required 5.66.150 Vehicle repair or alteration--When permitted 5.66.160 Release of vehicle 5.66.170 Rates and charges--Signs--Change of 5.66.180 Permits--Nontransferable 5.66.190 Change of ownership 5.66.200 Change of ownership--Application fee 5,66.210 Change of ownership--Action on 5.66.220 Permit for each location required 5.66.230 Change of location 5.66.240 Permit renewal 5.66.250 Towing service--Permit denial--Appeal 5.66.260 Permit suspension and revocation 5.66.270 Suspension or revocation--Grounds for 5.66.280 Appeal procedure Olord/5-66 tow17/27/01 3 Ord. No. 3503 5.66.290 Appeal--Hearing 5.66.300 New application after denial or revocation SECTION 7. The Police Department shall continue to employ the Tow Operators validly permitted to provide police-directed tow services prior to May 1, 2001, until August 15, 2002, on the same terms and conditions of service as effective on May 1, 2001. SECTION 8. 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 September , 2001. Mayor ATTEST: APPROVED AS TO FORM: City CIerk d9-tf-*Y X'City Attorney REVIEWED AND APPROVED: Z�3pjy INITIATED AND APP VED: Q City Ad znistrator �6�7 et�� Chief of Po ce Olord/5-66 tow/7/27/01 4 Ord. No. 3503 STATE OF CALIFORNIA } COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) 1, CONNM 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 dumber 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 August, 2001, and was again read to said City Council at a regular meeting thereof held on the 4th day of September, 2001, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Green, Julien Houchen, Garofalo,Dettloff NOES: Boardman, Cook, Bauer 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 &If` zj '2001 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 pu City.Clerk of Huntington Beach, California g1ordinanclordbkpg200I.doc