HomeMy WebLinkAboutCity Council - 99-22 RESOLUTION NO. 99-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH ORDERING THE VACATION OF AN
EASEMENT FOR PUBLIC STREET PURPOSES OVER A PORTION
OF BANNING AVENUE AT MAGNOLIA STREET
WHEREAS, on March 1, 1999, the City Council of the City of Huntington Beach adopted
Resolution No. 99-14 declaring its intention to vacate an easement for public street
purposes over a portion of Banning Avenue at Magnolia Street, and referring to maps and plans
on file in the office of the City Clerk for particulars as to the proposed vacation; and
Said resolution fixed the time and place of April 5, 1999, at the hour of 7:00 P.M., or as
soon thereafter as the matter could be heard, in the Council Chambers in the Civic Center, for
hearing all persons interested in or objecting to the proposed vacation, which time was not less
than fifteen (15) days from the passage of this resolution. Notices of vacation were posted
conspicuously along the easement section proposed for vacation, and such notices were
posted not more than three hundred (300) feet apart and at least three (3) were posted.
On April 5, 1999, at the hour of 7:00 P.M., in the Council Chambers in the Civic Center,
the City Council of the City of Huntington Beach did convene for the purpose of hearing all
persons interested in or objecting to the proposed vacation of an easement for public street
purposes over a portion of Banning Avenue at Magnolia Street, at which time no acceptable
objection was made to said vacation, and evidence was presented showing that said easement
is not necessary for present or prospective public uses and its not suitable for use or
development as bicycle paths or routes.
NOW, THEREFORE, the City Council of the City of Huntington Beach, pursuant to
Division 9, Part 3, Chapter 3 of the California Streets and Highways Code, commencing with
Section 8320, does resolve that the easement for public street purposes over a portion of
Banning Avenue at Magnolia Street, is not necessary for present or prospective public use, and
is not suitable for use or development as bicycle paths or routes, and it is hereby
ORDERED that the easement for public street purposes over a portion of Banning
Avenue at Magnolia Street is hereby vacated; and that the section so vacated is more
particularly described as follows:
1
jmp/kMesolution/constan2/2/l 6J99
Res
THAT PORTION OF BANNING AVENUE, IN THE CITY OF HUNTINGTON BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN AND DEDICATED ON
THE MAP OF TRACT NO. 3903, FILED IN BOOK 165, PAGES 48, 49 AND 50 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF BANNING AVENUE AS
SHOWN ON SAID MAP, SAID POINT BEING ALSO THE NORTHWEST CORNER OF
LOT 216 OF SAID TRACT NO. 3903, THENCE ALONG THE WESTERLY LINE OF
SAID TRACT, NORTH 00'27'20' WEST 17.27 FEET; THENCE NORTH 45'00'00' EAST
13.40 FEET TO A POINT ON A NONTANGENT CURVE, CONCAVE
NORTHEASTERLY, WITH A RADIUS OF 390.00 FEET, A RADIAL LINE THROUGH
SAID POINT BEARS SOUTH 20'51'20' (NEST; THENCE SOUTHEASTERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 05'11'42', AN ARC DISTANCE OF
35.36 FEET TO A POINT THROUGH WHICH A RADIAL LINE BEARS SOUTH
15'39'38' WEST; THENCE SOUTH 31'30'00' EAST 7.20 FEET; THENCE SOUTH
68'57'20' EAST 25.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 216,
BEING ALSO ON THE AFORESAID SOUTHERLY LINE OF BANNING AVENUE;
THENCE SOUTH 89'32'40' WEST 70.00 FEET ALONG THE NORTHERLY LINE OF
LOT 216 AND ALONG SAID SOUTHERLY LINE OF BANNING AVENUE TO THE
POINT OF BEGINNING,
ENCOMPASSING A COMPUTED AREA OF 1056 SQUARE FEET
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting held thereof on the 5th day of pril , 1999.
mayor
ATTEST:
10 APPROVED AS TO FOR
i
ArAC
lty Attorney
REVIEWED AND APPROVED
IN AND APPR :
City Adrffinistrator
Director of Public Works /fie 19
f;17<— /
2
jmp/k/resolution/constant/I J26/99
RESOLUTION NO. 99-22
A RESOLUTION OF THE C[TY COUNCIL OF THE CITY
OF HUNTINGTON BEACH ORDERING THE VACATION OF AN
EASEMENT FOR PUBLIC STREET PURPOSES OVER A PORTION
OF BANNING AVENUE AT MAGNOLIA STREET
WHEREAS, on March 1, 1999, the City Council of the City of Huntington Beach adopted
Resolution No. 99-14 declaring its intention to vacate an easement for public street
purposes over a portion of Banning Avenue at Magnolia Street, and referring to maps and plans
on file in the office of the City Clerk for particulars as to the proposed vacation; and
Said resolution fixed the time and place of April 5, 1999, at the hour of 7:00 P.M., or as
soon thereafter as the matter could be heard, in the Council Chambers in the Civic Center, for
hearing all persons interested in or objecting to the proposed vacation, which time was not less
than fifteen (15) days from the passage of this resolution. Notices of vacation were posted
conspicuously along the easement section proposed for vacation, and such notices were
posted not more than three hundred (300) feet apart and at least three (3) were posted.
On April 5, 1999, at the hour of 7:00 P.M., in the Council Chambers in the Civic Center,
the City Council of the City of Huntington Beach did convene for the purpose of hearing all
persons interested in or objecting to the proposed vacation of an easement for public street
purposes over a portion of Banning Avenue at Magnolia Street, at which time no acceptable
objection was made to said vacation, and evidence was presented showing that said easement
is not necessary for present or prospective public uses and its not suitable for use or
development as bicycle paths or routes.
NOW, THEREFORE, the City Council of the City of Huntington Beach, pursuant to
Division 9, Part 3, Chapter 3 of the California Streets and Highways Code, commencing with
Section 8320, does resolve that the easement for public street purposes over a portion of
Banning Avenue at Magnolia Street, is not necessary for present or prospective public use, and
is not suitable for use or development as bicycle paths or routes, and it is hereby
ORDERED that the easement for public street purposes over a portion of Banning
Avenue at Magnolia Street is hereby vacated; and that the section so vacated is more
particularly described as follows:
This document is solely for the
official business of the City
of Huntington reach, as contem- 1bX_Exempt-Govem1"rtit Agency
plated under Government Code CITY OF HUNTINGTON BEACH
Sec. Bi 03 and should be recorded sro&way,City Clerk
free of chwoe.
jmplk/resolutson/cvnssan212116/99 1 �y• P�
THAT PORTION OF BANDING AVENUE, IN THE CITY OF HUNTINGTON BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN AND DEDICATED ON
THE MAP OF TRACT NO. 3903, FILED IN BOOK 165, PAGES 48, 49 AND 50 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF BANNING AVENUE AS
SHOWN ON SAID MAP, SAID POINT BEING ALSO THE. NORTHWEST CORNER OF
LOT 216 OF SAID TRACT NO. 3903, THENCE ALONG THE WESTERLY LINE OF
SAID TRACT, NORTH 00'27'20'WEST 17.27 FEET; THENCE NORTH 45'00'00' EAST
13.40 FEET TO A P01NT ON A NONTANGENT CURVE, CONCAVE
NORTHEASTERLY, WITH A RADIUS OF 390.00 FEET, A RADIAL LINE THROUGH
SAID POINT BEARS SOUTH 2951'20' WEST; THENCE SOUTHEASTERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 05'11'42', AN ARC DISTANCE OF
35.36 FEET TO A POINT THROUGH WHICH A RADIAL LINE BEARS SOUTH
15'39'38' WEST; THENCE SOUTH 31'30'00' EAST 7.20 FEET; THENCE SOUTH
68'57'20' EAST 25.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 216,
BEING ALSO ON THE AFORESAID SOUTHERLY LINE OF BANNING AVENUE;
THENCE SOUTH 89'32'40' WEST 70.00 FEET ALONG THE NORTHERLY LINE OF
LOT 216 AND ALONG SAID SOUTHERLY LINE OF BANNING AVENUE TO THE
POINT OF BEGINNING.
ENCOMPASSING A COMPUTED AREA OF 1056 SQUARE FEET
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting held thereof on the 5th day of ril , 1999.
Ma r
ATTEST:
APPROVEZAS O FOR
E
ity Attorney
REVIEWED AND APPROVED ���(-y�
.•nc 17N/7 AND APPRO
City AdrKnistratorc
Director of Public Works /gyp 9
i�; C--
2
jnVWresolution/constan2/I/26/99
Res. No. 99-22
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
1, 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 resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a regular meeting thereof held on the 5th day of April, 1999 by the following
vote:
AYES: Bauer, Green,Dettloff, Harman, Sullivan
NOES: None
ABSENT: None (Julien, Garofalo—out of the room)
ABSTAIN: None
G�r�ccG .
City Clerk and ex-officio Clerk of the
City Council of the City of Huntington
Beach, California
The foregoing instrument is a correct
copy of the original on file
in this office.
Attest 222, c4` 19
MBE BROCKWAY
City Clerk and Ex-cfficio Clerk of t'ne City
Council of the City of Huntington Beach,
g Deputy
ca e L5
PLEASE COMPLETE THIS INFORMATION
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of prarrge Califc}rnza 1111111111111111111111�11111111111111�11111111 111111111111l111111 No Fee
AND WHEN RECORDED MAIL TO: RO q 10049608 1 196 96�18278 10:2Tdl� 06103
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PLEASE COMPLETE THIS INFrION
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Recorded in the County of Orange, California
AND. RECORDED M L T0� Gary L. Gr-�nv.Llia, Clerk/Recorder
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11/92
Huntington Beach Municipal Code 5.66.010--5.66.020(a)(2)(b)
Chapter 5.66
MOTOR VEHICLE TOWING SERVICE
(Urg.Ord.2445-7180,2789-9185,3269-1195,3330-6196, 3395-8198)
Sections:
5.66.010 Scope of chapter
5.66.020 Towing operation defined
5.66.030 Towing operation--Permit required
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
5.66.130 Removal from private property--Notification
5.66.135 Vehicles parked less than one hour
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
5.66.290 Appeal--Hearing
5.66.300 New application after denial or revocation
5.66.310 Violation--Penalty
5.66.010 Scope of chapter. The provisions of this chapter shall apply to all persons and
businesses providing non-consensual vehicle tow service whether established before or after the
effective date hereof. (Urg.Ord. 2445-7180, 2789-9185,3330-6196)
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, without the consent of owner(s)of the vehicle. Such towing shall
include: (3330-6196)
(1) Any official police impound garage and towing service, designated by resolution of the
City Council. (3330$196)
(2) Any police directed tow, including but not limited to:(3330-6196)
(a) Any tow from the scene of an accident, arrest, or issuance of a citation;(3330-6196)
(b) Any tow of an illegally parked vehicle for violation of any local, state or federal
regulation. (3330-6196)
6196
5.66.020(b)--5.66.040(0 Huntington Beach Municipal Code
(b) The provisions of this chapter shall not apply to any towing operation: (3330-6196)
(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;(333o-6/96)
(2) That provides tow service without charge or fee for other vehicles owned or operated by
the individual or organization furnishing tow service;(3330-6196)
(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;(333o-6/96)
(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. (urg. ord.
2445-7180, 2789-9185, 3330-6196)
5.66.030 Towing operation--Permit required. No person shall engage in, manage, conduct or
operate a towing operation without a written permit from the Chief of Police. (urg.ord.2445-7180,
2789-9/85)
5.66.040 Application for towing aerationpermit—Fee. An application for a towing
operation permit shall be filed with the Chief of Police on forms furnished by him, shall be
accompanied by a fee set by resolution of the City Council, and shall contain the following
information:
(a) The name, date of birth, driver's license number, business and residence addresses of the
applicant, if a natural person; or if a corporation, its name, date and place of incorporation,
address of its principal place of business, and the names of its principal officers, together
with their respective residence addresses; or if a partnership, association or unincorporated
company, the names of the partners, or of the persons comprising such association or
company, and the business and residence of each partner or person;
(b) A description of each tow truck or other vehicle proposed to be used by the applicant,
together with engine number, vehicle identification number, and state vehicle license number
thereon;
(c) The names, dates of birth, addresses and drivers' license numbers of all tow truck operators
employed by the applicant;
(d) The business, occupation, or employment history of the applicant for three (3) years
immediately preceding the date of the application, including if applicable, the business
license and permit history while operating as a tow service;
(e) All criminal convictions or proceedings in which a plea of guilty or nolo contendere was
entered, including vehicle code violations;
(f) Such other identification and information reasonably necessary for the Chief of Police to
carry out the purposes of this chapter. (urg.ord.2445-7/80,2789-9185)
6/96
Huntington Beach Municipal Code 5.66.050- 5.66.080(d)
5.66.050 Denial of towing operation permit. The Chief of Police, or his designee, shall cause
an investigation of the applicant, and the application for a permit may be denied on any of the
following grounds:
(a) The applicant is unfit to be trusted with the privileges granted by such permit, or has a bad
moral character, intemperate habits or a bad reputation for truth, honesty or integrity;
(b)The applicant has not completed all portions of the application.
(c) The applicant is a person under the age of eighteen (1 S) years;
(d) The applicant has made a material misrepresentation in the application;
(e) The applicant, his agent or employee, or any person connected or associated with the
applicant as partner, director, officer, stockholder, associate, or manager has committed or
aided or abetted in the commission of any act, or act of omission, which if committed by a
permittee would be grounds for suspension or revocation of a permit;
(t) The towing service, as proposed by the applicant, does not comply with all applicable laws
including,but not limited to,health, zoning, fire and safety requirements and standards.
(Urg.Ord.2445-7180,2789-9185)
5.66.060 Tow unit operators--Permit required.
(a) No person shall operate or drive a tow unit without a written permit from the Chief of Police.
(b) No person shall be employed as a tow unit operator until such time as said person has
received a written permit from the Chief of Police to act as a tow unit operator.
(Urg.Ord.2445-7/80,2789-9185)
5.66.070 Tow unit operators--Identification card. Every person directly engaged in the
operation of a tow unit shall carry on his person at all times while so engaged, an identification
card, issued by the Police Department, identifying the bearer as a tow unit operator, and shall
display such card to any police officer upon request. The identification card shall bear the name,
physical description, business address, and photograph of the permittee, and the name and
address of the garage employing the permittee.
The identification card shall be returned to the Police Department immediately upon suspension,
revocation or termination of employment. (Urg.Ord.2445-7180,2789-9185)
5.66.080 Application for tow unit operator permit--Fee. An application for a tow unit
operator permit shall be filed with the Chief of Police on forms furnished by hind., shall be
accompanied by a fee, set by resolution of the City Council, and shall contain the following
information:
(a) The name, date of birth, driver's license number, residence address, and the name and address
of his employer;
(b) The business, occupation, or employment history of the applicant for three (3) years
immediately preceding the date of the application, including permit history, if any, as a tow
unit operator;
(c) All criminal convictions or proceedings in which a plea of guilty or nolo contenders was
entered, including vehicle code violations;
(d) Such other identification and information reasonably necessary for the Chief of Police to
carry out the purposes of this chapter. (Urg.Ord.2445-7180,2789-9/85)
6196
5.66.090--5.66.130(c) Huntington Beach Municipal Code
5.66.090 Denial of tow unit operator permit. The Chief of Police, or his designee, shall cause
an investigation of the applicant, and the application for a permit may be denied on any of the
following grounds:
(a) The applicant is unfit to be trusted with the privileges granted by such permit, or has a bad
moral character, intemperate habits or a bad reputation for truth, honesty or integrity;
(b) The applicant is a person under the age of eighteen (18) years;
(c) The applicant has made a material misrepresentation in his application;
(d) The applicant has not completed all portions of the application.
(e) The applicant has committed or aided or abetted in the commission of any act, or act of
omission, which if committed by a permittee would be grounds for suspension or revocation
of a permit;
(f) The applicant does not possess a valid California driver's license. (2789-9185)
5.66.100 Insurance required. Before an application for a permit to operate a towing operation
will be issued or renewed, the applicant must furnish the Chief of Police, or his designee, a
certificate of insurance, written by an insurance company admitted to do business in this state, in
minimum amounts established by resolution of the City Council, and approved as to form by the
City Attorney. (Urg. Ord. 2445-7180, 2789-9185)
5.66.110 Business location. Any person conducting a towing operation shall maintain a
physical location from which his business is conducted. Such physical location shall provide an
office with an adjacent yard for vehicle storage, approved by the Chief of Police, or his designee,
prior to a permit being issued. (Urg.Ord. 2445-7180,2789-9185)
5.66.120 TowinjZ authorization. A permittee shall not attach a vehicle to a tow unit without
first receiving written authorization to do so by the registered owner, legal owner, driver, or other
person in control of said vehicle. Such authorization shall list the services offered and the rates
and charges required therefor. A copy of such authorization shall be furnished to the person
authorizing the tow, and shall list the name, address and telephone number of the towing
operation business and the days and hours the business is opera for release of vehicles. Such copy
shall also be signed by the tow unit operator performing the authorized service. (Urg.Ord. 2445-7180,
2789-9185)
5.66.130 Removal from private property--Notification. The owner or person in lawful
possession of any private property may, subsequent to notifying by telephone or the most
expeditious means available, the Police Department, cause the removal of a vehicle parked on
such property to the nearest public garage, if there is displayed at all entrances to the property in
plain view a sign, 18 x 24 inches in size, prohibiting public parking and indicating that vehicles
will be removed at the owner's expense, and containing the telephone number of the Police
Department. Such owner, or person in lawful possession of any private property, causing the
removal of a vehicle parked on that property shall be liable for any storage or towing charges if
no sign is posted, as provided by this section and California Vehicle Code section 22658(a). The
Huntington Beach Police Department shall be informed of the following:
(a) The name, address and phone number of the person authorizing removal of the illegally
parked vehicle.
(b) The location of the private property from which the vehicle is to be removed.
(c) The name, address and telephone number of the location where the vehicle is to be stored.
6196
Huntington Beach Municipal Code 5.66.130(d)-5.66.160
(d) The license number, model, vehicle identification number, and the color of the vehicle to be
removed.
(e)The name and address of the person reporting the private property impound.
It is the responsibility of the permittee to ensure that the Huntington Beach Police Department is
notified by the owner or person in lawful possession of the private property prior to removal of
any illegally parked vehicle, and it shall be unlawful to remove such vehicle until such
notification has been given. The tow truck operator, with authorization of the owner or person in
lawful possession of the private property, shall notify the Police Department'on behalf of the
owner or person in lawful possession of such private property. (urg.Ord.2445-7/80,2789-9185)
5.66.135 Vehicles parked less than one hour. Every owner or person in lawful possession of
any private property which is held open to the public, or a discernible portion thereof, for parking
of vehicles at no fee, shall not tow or remove, or cause the towing or removal, of any vehicle
within one hour of the vehicle being parked. (3269-1195)
5.66.140 Itemized statement--When required. A permittee hereunder shall furnish to the
person authorizing the towing service, or his agent, an itemized statement of services performed,
including labor and special equipment used in towing the vehicle and the charges made therefor
upon the request of.
(a) The registered owner; or
(b) The legal owner; or
(c) The insurance carrier of either (a) or (b); or
(d) The duly authorized agent,of any of the foregoing.
The permittee shall furnish a copy of such statement to any person authorized to receive the same
without demanding payment as a Condition precedent. (urg.Ord.2445-7180,2789-9185)
5.66.150 Vehicle repair or alteration--When permitted. No permittee shall make any repairs
or alterations to a vehicle without first being authorized by (a) the registered owner; or(b) the
legal owner; or(c) the insurance agent of either(a) or(b); or(d) the authorized agent of any of
the foregoing. Parts or accessories shall not be removed from any vehicle without authorization
except as necessary for security purposes. Under such circumstances, the parts or accessories
removed shall be listed on the itemized statement and stored in the business office. This section
shall not be construed as prohibiting permittees from making emergency alterations necessary to
permit the removal by towing of such vehicle. (urg.Ord.2445-7/80,2789-9/85)
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. (3395-8198)
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.
a
Permittee shall not refuse to relinquish possession or control of a vehicle to its lawful owner, or
to the agent of the lawful owner as evidenced by keys which operate said vehicle and by the
statement and driver's license of said agent,where said vehicle has been seized as a private
0 property impound and where such vehicle has not yet been removed to a garage as required by
California Vehicle Code section 22851. For the purpose of this section, a vehicle is removed to a
garage when it is physically present in such garage. A lien attaches when any vehicle is capable
of being towed upon the roadway by a tow truck. Any vehicle owner who returns to their vehicle
8198
5.66.160--5.66.210 Huntington Beach Municipal Code
while the vehicle is still present may retrieve their vehicle per California Vehicle Code section
28851(a)(2) by paying a "drop-fee" established by City Council resolution, one-half the normal
tow fee. (Urg.Ord.2445-7/80,2789-9/85,3395-8198)
5.66.170 Rates and charges--SiF_ns--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. (3395-8/98)
(b) A tow operation permittee shall post and maintain a list of the rates and charges for all
services offered, placed conspicuously in the office or any location where customer financial
transactions take place. Such list shall have letters a minimum of one (1) inch high with one
quarter inch stroke on a background of contrasting color. (3395-8198)
(c) No tow or storage fee charged shall be higher than the fees authorized by resolution of the
City Council. (3395-8/98)
5.66.180 Permits--Nontransferable. Permits shall not be transferable except as hereinafter
provided. (Urg.Ord.2445-7/80, 2789-9185)
5.66.190 Change of ownership. When a towing operation for which a permit has been issued is
sold or transferred to one of the transferees listed in this section, the Chief of Police, or his
designee, may endorse a change of ownership on such permit upon written application by the
transferee. Only the following transferees or successors shall be entitled to such transfer of
permit:
(a) Duly qualified representatives of permittees regularly appointed by courts of competent
jurisdiction, assignees for the benefit of creditors, and spouses or children of deceased
permittees.
(b) The surviving partner or partners of a dissolved partnership.
(c) A new partnership consisting of the members of a predecessor partnership, plus their spouse
or spouses of any such members.
(d) A new corporation, organized and controlled by an individual or unincorporated permittee for
the purpose of acquiring, or which has acquired the assets of the business previously owned
and operated by such permittee.
(e) Upon dissolution of a closely held corporation, the stockholders to whom the assets are
distributed. (urg.Ord.2445-7/80,2789-9/85)
5.66.200 Change of ownership--Application fee. A transferee or successor entitled to a
transfer of permit must file an application for such transfer with the Chief of Police within thirty
(30) days after he assumes control of the towing operation. The Chief of Police may require such
evidence of the transfer of ownership or control as he deems necessary. A fee equal to 20
percent of the original fee for the permit shall accompany the application. (urg.ord.2445-7180,
2789-9185)
5.66.210 Change of ownership--Action on."The Chief of Police shall transfer the permit to an
applicant entitled to such transfer if he finds that the transfer will not adversely affect the peace,
health, safety, convenience and general welfare of the public, and the transferee possesses the
qualifications required of original applicants. (urg.ord.2445-7/80,2789-9185)
6/96
Huntington Beach Municipal Code 5.66.220--5.66.270(g)
5.66.220 Permit for each location required. No tow operation permittee shall conduct a
towing operation at a location other than the location specified in the permit. (Urg.Ord. 2445a180,
2789-9/85)
5.66.230 Change of location. Where no conflict exists with the city's zoning regulations or
other provisions of this code, a change of location may be endorsed on a permit by the Chief of
Police, or his designee, upon written application by a permittee, accompanied by a change of
location fee in a sum set by resolution of the City Council. (Urg. Ord.2445-7/80,2789-9Y85)
5.66.240 Permit renewal. Permits for towing operations and tow unit operators may be
renewed on a year-to-year basis provided that the permittees continue to meet the requirements
contained in this chapter. The renewal fee for a towing operation and for a tow unit operator
shall be set by resolution of the City Council. (2789-9/85)
5.66.250 Towing service Permit denial--Appeal. If the Chief of Police, following
investigation of the applicant, finds that the applicant does not meet the requirements set forth in
this chapter, he shall deny the application and notify the applicant by certified mail of such
denial. Any applicant who is denied a permit by the Chief of Police may appeal such denial to
the City Administrator, pursuant to the provisions of this chapter. (2789-9/85)
5.66.260 Permit suspension and revocation.. The Chief of Police, or his designee, may, based
on evidence that any provision of this chapter has been violated, suspend or revoke a permit.
The permittee shall be provided with written notice by first class mail, postage prepaid, of such
suspension or revocation. The permittee may file an appeal with the City Clerk within fifteen
(15) days of the date of mailing of the notice of denial, suspension or revocation. In the event an
appeal is timely filed, the suspension or revocation shall not take effect until final decision has
been rendered by the City Administrator, or his designee, unless permittee has requested a
continuance, as provided elsewhere in this chapter. If no appeal is filed,the suspension or
revocation shall become effective upon expiration of the period for filing appeals. (Urg.Ord.
2445-7180,2789-9185)
5.66.270 Suspension or revocation--Grounds for. It shall be grounds for suspension or
revocation of a permit, issued under the provisions of this chapter, if any permittee, his agent or
employee or any person connected or associated with the permittee as partner, director,officer,
stockholder, general manager, or person who is exercising managerial authority of or on behalf
of the permittee has:
(a) Knowingly made any false, misleading or fraudulent statement of a material fact in an
application for a permit, or in any report or record required to be filed with the Police
Department; or
(b) Violated any provision of this chapter or of any statute relating to his permitted activity; or
(c) Been convicted of a felony or any crime involving theft or embezzlement;.or
(d) Committed any act constituting dishonesty or fraud;or
(e) Committed any unlawful, false,fraudulent,deceptive or dangerous act while conducting a
towing operation business; or
(f) PubIished,uttered or disseminated any false, deceptive or misleading statements or
advertisements in connection with the operation of the towing service; or
(g) Violated any rule or regulation adopted by the City Council relating to permittee's business or
activity; or
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5.66.270(h)--5.66.280(d) Huntington Beach Municipal Cade
(h) Willfully failed to comply with the terms of any contract made as a part of the exercise of the
towing operation; or
(i) Conducted the towing operation in a manner contrary to the peace, health, safety and general
welfare of the public; or
(j) Operated a tow unit without a valid California driver's license, or when such license has been
suspended or revoked; or
(k) The permittee, his agents or employees, obtained a tow contract by use of fraud, trick,
dishonesty or forgery; or
(1) The permittee, his agents or employees, stopped and solicited on any street, highway or other
public thoroughfare the rendering of assistance to a person or disabled vehicle without first
being requested to do so except to render emergency aid when there exists an imminent peril
to life or property; or
(m)The permittee, his agents or employees, towed a vehicle to a location other than listed as the
business address of such permittee without first receiving authorization to do so by the
person authorizing the tow; or
(n) The permittee, his agents or employees, after towing a vehicle to the business location of
permittee without authorization, towed such vehicle to another location for storage; or
(o) The permittee, his agents or employees, have conspired with any person to defraud any
owner of a vehicle, or any insurance company, or any other person financially interested in
the charges for towing or storage of a vehicle, by making false or deceptive statements
relating to such towing or storage; or
(p) The permittee, his agents or employees, removed a vehicle involved in a collision prior to
arrival of police, and a person, as a result of such collision, suffered death or injury; or the
driver of an involved vehicle, or a party to such collision, was under the influence of a drug
or intoxicant of any nature; or there is evidence that such vehicle was involved in a
hit-and-run collision; or
(q) The permittee, his agents or employees, has charged for services not performed, equipment
not employed or used, services or equipment not needed, or has otherwise materially
misstated the nature of any service performed or equipment used. (Urg.Ord.2445-7180,2789-9/85)
5.66.280 Appeal procedure.
(a) The City Administrator, or his designee, shall schedule a hearing to be held within fifteen
(15) days after the filing of the notice of appeal.
(b) Notice of the date, time and place of the hearing shall be mailed, postage prepaid, at least ten
(10)days prior thereto to the permittee at the address given in the notice of appeal, or if none
is provided, to the address set forth in the permit application.
(c) The City Administrator, or his designee, in his sole discretion, may grant or deny
continuances; may dissolve stays of pending orders of denial, suspension or revocation; and
may appoint outside Hearing Officers.
(d) The City Administrator, or his designee, shall determine, after consideration of all evidence
presented, whether a permit should be issued, reinstated, suspended or revoked. The decision
of the City Administrator, or his designee, shall be final.
6/96
Huntington Beach Municipal Code 5.66.280(e)--5.66.310
(e) The City Administrator shall establish written administrative regulations implementing the
provisions of this section. (2789-9/85)
5.66.290 Apneal--Hearin. The following rules of evidence shall apply:
(a) Oral evidence shall be taken only under oath or affirmation. The Hearing Officer shall have
authority to administer oaths, and to receive and rule on admissibility of evidence.
(b) Each party shall have the right to call and examine witnesses, to introduce exhibits, and to
cross-examine opposing witnesses who have testified under direct examination. The Hearing
Officer may call and examine any witness.
(c) Technical rules relating to evidence and witnesses shall not apply to hearings provided for
herein. Any relevant evidence may be admitted if it is material and is evidence customarily
relied upon by responsible persons in the conduct of their affairs regardless of the existence
of any common law or statutory rule which might make admission of such evidence improper
over objection in civil actions. Hearsay testimony may be used for the purpose of
supplementing or explaining any evidence given in direct examination, but shall not be
sufficient in itself to support a finding unless such testimony would be admissible over
objection in civil actions. The rules of privilege shall be applicable to the extent that they
now,or are hereafter permitted in civil actions; and irrelevant, collateral, undue, and
repetitious testimony shall be excluded. (2789-9/85)
5.66.300 New application after denial or revocation. When the permit of any person is
revoked or denied for cause,no new or other application for a permit from the same person shall
be accepted within one (1) year after such revocation or denial unless the applicant can show a
material change in his situation which would justify the issuance of such permit. (urg. Ord. 2445-7/80,
2789-985)
5.66.310 Violation--Penalty. Any person violating any provision of this chapter shall be guilty
of a MISDEMEANOR and upon conviction thereof shall be punished by a fine of not more than
five hundred dollars ($500) or by imprisonment in the county jail for a period not to exceed six
(6) months, or by both such fine and imprisonment, and each such person shall be guilty of a
separate offense for each and every day or portion thereof during which any violation of any of
the provisions of this chapter is committed, continued, or permitted. (urg.Ord.2445-7/80,2789-9/85)
6/96
Res. No. 99-22
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 resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a regular meeting thereof held on the 5th day of April, 1999 by the following
vote:
AYES: Bauer, Green, Dettloff, Harman, Sullivan
NOES: None
ABSENT: None (Julien, Garofalo—out of the room)
ABSTAIN: None
City Clerk and ex-officio Clerk of the
City Council of the City of Huntington
Beach, California