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HomeMy WebLinkAboutCity Council - 5168 RESOLUTION NO. 5168 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A POLICY FOR TOWING SERVICES FOR THE HUNTINGTON BEACH POLICE DEPARTMENT, AND REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH WHEREAS, it is necessary from time to time for the police department of the City of Huntington Beach to call a towing ser- vice 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 desires to adopt a policy for the police department to follow in connection with towing services , NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Huntington Beach establishes the policy for towing services 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 violation 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 facilities, and provide services to the City of Huntington Beach as follows : (a) A storage lot with a minimum usable area of 20, 000 RCS:ahb 9/8/82 1. I 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 security 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 22513, 24605, 25253, and 27907 of that code . In addition, all tow trucks shall be equipped with a motorcycle sling of a type approved by j the Huntington Beach Police Department. (d) Minimum liability insurance as follows : combined single limit bodily injury and/or property damage, including prod- I ucts liability: $1, 000, 000 combined single limit per occurrence. �3. Any entity designated as an official police impound garage and towing service shall conduct its business in an orderly, ethi- cal , 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 following terms and conditions: (a) At the discretion of the police department, a desig- nee may use his own radio to receive police calls on traffic acci- dents and other traffic incidents which may require police atten- tion 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 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 i 2. 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 a 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 noti- fying the Department of Justice , Sacramento, California by re- ceipted mail, when any vehicle of a type subject to registration has been stored in the garage for thirty (30) days , forwarding a copy to the Huntington Beach Police Department . ( g) The designee shall be responsible for the protec- tion 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 California Civil Code sections 3071, 3072 and 3073. ( i) No vehicles impounded by order of the police de- partment 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 3. 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 with- holding 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 (7) days a week. This requirement shall_ not apply to wrecked and abandoned vehicles . i (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 j for charges incurred even when 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 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. Upon recommendation of the Chief of Police, the City Administrator may suspend the designation of official police impound garage and towing service following the commencement of criminal. prosecution for an alleged violation of a law or _laws which challenge the competence or integrity of the garage and towing service. 5. The maximum rates charged by an official impound garage 4. P and towing service for services rendered pursuant to police direc- tion shall be established by resolution of the City Council. All California Code sections herein referred to are to be read as amended as of the date interpretation is made. Resolutions No. 3826 , 4107 , 4492 , 4969, 5112, and all resolu- tions 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 4th day of October , 1982. �&��- L Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED : INITIATED AND APPROVED: City Administrator Chief of Police 5. Res. No. 5168 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Cldrk 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 4th day of October , 19 82 by the following vote: AYES: Councilmen: Pattinson, MacAllister, Finley, Bailey Kelly NOES: Councilmen: None ABSENT: Councilmen: Thomas ABSTAIN: Mandic Z�7�jz City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California