Loading...
HomeMy WebLinkAboutCity Council - 3608 RESOLUTION NO . 3608 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A POLICY FOR TOW- ING SERVICES FOR THE POLICE DEPARTMENT OF THE CITY OF HUNTINGTON BEACH WHEREAS, it is necessary from time to time for the Police Department of the City of Huntington Beach to call a towing service when automobile accidents occur within the City of Huntington Beach; and It is necessary for the proper administration of this function that certain standards be met by the towing services; and The City Council of the City of Huntington Beach intends to adopt a policy for the police department to follow in con- nection with towing services . NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Huntington Beach establishes the policy for towing service as follows : 1. The designation of official police impound garage and towing service shall be awarded by the Huntington Beach City Council upon findings of public need from among meritorious ap- plicants who have established businesses in the City of Hunting- ton Beach offering the required services and facilities . Such designation shall remain in effect for a period of two years unless sooner revoked by the City Council upon a finding of violations of one or more of the provisions of this resolution. 2 . Any entity designated as an official police impound garage and towing service shall maintain equipment and facil- ities , and provide services to the City of Huntington Beach as follows : 1 . JG :bc (a) A storage lot with a minimum usable area of 20,000 square feet, enclosed by a fence with a minimum height of six (6 ) feet . (b ) Space for no less than two (2) vehicles covered by a roof and protected from the elements with adequate secu- rity measures to prevent unauthorized access . (c) No less than three ( 3) pieces of towing equipment as approved by the California Highway Patrol pursuant to California Vehicle Code, Section 27700, and in compliance with Sections 24605, 22513, 25253 and 27907 of that code . In ad- dition all tow trucks shall be equipped with a motorcycle sling of a type approved by the Huntington Beach Police Department . (d) Minimum liability insurance in the amount of $300, 000 per claim. 3 . Any entity designated as an official police impound garage and towing service shall conduct their business in an orderly, ethical, businesslike manner and use every means to obtain and keep the confidence of the motoring public . Services performed at the direction of the police department shall meet the terms and conditions as follows : (a) At the discretion of the police department , a designee may use his own radio to receive "police calls" on traffic ac- cidents and other traffic incidents which may require police attention and tow service. Priority shall be given to calls re- ceived from the police department . (b ) If more than one (1) garage is designated as an official police garage and towing service, the system of calling for ser- vice shall be on a rotating basis as established by the Chief of Police. (c) When it is evident that there will be a delay in re- sponding to a request for tow service, the police department shall be notified immediately by the designee. (d) After being dispatched by the police department to the scene, the tow truck operator shall cooperate with the police 2 . officers in removing hazards and illegally parked vehicles from the streets , and in the impounding of such vehicles as requested. It is the duty of the police officers to determine when a vehicle should be impounded or .moved, and the tow truck operator shall abide by their decision. The tow truck operator shall be responsible for sweeping glass and other debris deposited on the street or highway as a result of the collision, in accord- ance with California Vehicle Code Section 27700. (e) No service or work shall be performed upon any police impound without first obtaining written permission from the owner or his agent to perform such work. No contract or order for work or repairs shall be entered into with the owner until the car is released by the police department . (f) It is the duty of the police department to notify the owners of impounded vehicles . However, each designee shall abide by Section 10652 of the California Vehicle Code by notifying the Department of California Highway Patrol, Sacramento, California, by receipted mail, when any vehicle of a type subject to regis- tration has been stored in the garage for thirty (30 ) days , for- warding a copy to the Huntington Beach Police Department . (g) The designee shall be responsible for the protection of police impounded vehicles regardless of the location of storage until the vehicles have either been released to their owners or disposed of through legal process . (h) The designee when disposing of unclaimed vehicles shall abide by the California Civil Code, Sections 3071, 3072 and 3073 . (i) No vehicle impounded by order of the police department shall be released without authorization from the police department . (j ) Vehicles impounded as evidence or requiring special handling for investigation, i.e. , fingerprinting, photographing, searching, etc . , shall be stored under roof and shall not be re- moved or be made available for inspection by anyone other than authorized by the Huntington Beach Police Department until re- leased by the investigating officer. 3 • (k) Personal property carried on or within a vehicle ordered towed or stored by the police department shall not be seized or held as security for amounts due for services per- formed, but shall be released to the owner of such property upon proof of identity and ownership . This section shall not prevent the withholding of the contents of a vehicle seized by the police as evidence prior to release by the investigating officer. (1) Vehicles stored or impounded shall be available for release on a twenty-four (24) hour basis , seven days a week. This requirement shall not apply to wrecked and abandoned vehi- cles . (m) Operators of the tow cars shall be fingerprinted at the Huntington Beach Police station prior to their employment at any official police garage and towing service . (n) Towing is done for the convenience of the public and the City of Huntington Beach will assume no responsibility for charges incurred even when such towing is done under the direc- tion of the police department. (o) Should a dispute arise over a claim or bill of any nature and same cannot be satisfactorily adjusted by the parties involved, the designee shall abide by the decision of the City Council, or persons designated by the City Council, who shall have final administrative power to settle any and all claims or disagreements . (4 ) The following rates are adopted as the maximum to be charged by an official police impound garage and towing service for services rendered pursuant to police direction: (a) Collision (day or night) $18 . 50 (b ) Abandoned vehicles or arrests 18 . 50 (c) Dolly service 10 . 00 (d) Service call minimum* 6 . 00 (e) Storage (per day) 2 . 00 (f) Storage (as evidence for police de- partment , per day) 1. 00 4 . (g) After business hours release, add 5 . 00 *Service call minimum contemplates simple towing or starting. Additional services may justify additional fees reasonably based on time, material and effort expended. All California Code sections herein referred to are to be read as amended as the date interpretation is made . Resolution No. 2263 and any other resolution in con- flict herewith, is hereby repealed. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 18th day of December, 1972. i l Mayor ATTEST: APPROVED AS TO FORM: City lerk City Attorney 5 . Res. No. 3608 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss : CITY OF HUNTINGTON BEACII ) I , PAUL C. JONES, the duly elected, qualified and acting 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 resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 18th day of December 13_ by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and -officio Clerk of the City Council of the City of Huntington Beach, California