HomeMy WebLinkAboutCity Council - 3826 RESOLUTION NO. 3826
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH ESTABLISHING A POLICY FOR
TOWING SERVICES FOR THE POLICE DEPARTMENT OF
THE CITY OF HUNTINGTON BEACH
WHEREAS, it is necessary from time to time for the Po-
lice 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
applicants who have established businesses in the City of
Huntington. 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 resolu-
tion.
2. Any entity designated as an official police impound
garage and towing service shall maintain equipment and facilities,
and provide services to the City of Huntington Beach as follows :
1.
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(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 se-
curity measures to prevent unauthorized access.
(c) No less than three (3) pieces of towing equip-
ment as approved by the California Highway Patrol pursuant to
California Vehicle Code Section 27700, and in compliance with
Sections 22513, 24605, 25253 and 27907 of that code. In addi-
tion, 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 its business in an
orderly, ethical, businesslike manner and use every means to
obtain and keep the confidence of the motoring public . Serv-
ices performed at the direction of the police department shall
meet the following terms and conditions:
(a) At the discretion of the police department, a
designee may use his own radio to receive police calls on
traffic accidents and other traffic incidents which may require
police attention and tow service. Priority shall be given to
calls received from the police department .
(b) If more than one garage is designated as an of-
ficial police garage and towing service, the system of calling
for service 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
responding to a request for towing service, the police depart-
ment shall be notified immediately by the designee.
(d) After being dispatched by the police department
2.
to the scene, the tow truck operator shall cooperate with the
police officers in removing hazards and illegally parked ve-
hicles from the streets, and in the impounding of such vehicles
as requested. It is the duty of the police officers to deter-
mine 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 accordance 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 registra-
tion has been stored in the garage for thirty (30) days, forward-
ing a copy to the Huntington Beach Police Department .
(g) The designee shall be responsible for the pro-
tection 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 depart-
ment shall be released without authorization from the police
department.
(j ) Vehicles impounded as evidence or requiring special
3 .
handling for investigation, i .e. , fingerprinting, photographing,
searching, etc . , shall be stored under roof and shall not be
removed or be made available for inspection by anyone other than
authorized by the Huntington Beach Police Department until re-
leased by the investigating officer.
(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 performed,
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 pelease by the investigating officer.
(1) Vehicles stored or impounded shall be available
for release on a twenty-four (24) hour basis , seven (7) days a
week. This requirement shall not apply to wrecked and abandoned
vehicles .
(m) Operators of the tow cars shall be fingerprinted
at the Huntington Beach police station prior to their employ-
ment 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
direction of the police department .
(o) Should a dispute arise over a claim or bill of
any nature and the 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 serv-
ice for services rendered pursuant to police direction:
4 .
(a) Collision (day or night) $ 20 . 50
(b) Abandoned vehicles or arrests 20 . 50
(c ) Dolly service 10. 00
(d) Service call minimum* 6.00
(e) Storage per day 2. 50
(f) Storage (as evidence for police de- 1. 00
partment, per day)
(g) After business hours release, add 5. 00
*Service call minimum contemplates simple tow-
ing or starting. Additional services may justify addi-
tional fees reasonably based on time, material and effort
expended.
All California Code sections herein referred to are to be
read as amended as of the date interpretation is made.
Resolutions No. 2263, 3608 and all other resolutions in
conflict herewith are hereby repealed.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 21st
day of January, 1974 .
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ATTEST: APPROVED AS TO FORM:
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City Clerk Cit t 014,
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Res. No. 3826
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly appointed, 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 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 G day
of January 19 74 by the following vote:
AYES: Councilmen:
Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen:
None
ABSENT: Councilmen:
None
i
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California