Chapter 5.16
TOW CARS*
Sections:
5.16.04 Dispatching of tow cars.
5.16.06 Applications for placement on the rotation list.
5.16.07 Applications for placement on the rotation list: Investigations.
5.16.10 Suspensions from the rotation list.
5.16.11 Removal from the rotation list.
* Chapter 15, as added by Ordinance No. 82-11, effective May 19, 1982, renumbered to Chapter 16 by codifier because Chapter 15 is in use.
5.16.01 Title.
This chapter shall be known as the “Tow Car Law of the City of Clovis”. (§ 1, Ord. 82-11, eff. May 19, 1982)
5.16.02 Definitions.
Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of the words and phrases used in this chapter, and, except to the extent that a particular word or phrase is otherwise specifically defined in this section, the definitions and provisions contained in Chapter 3 of Title 1 of this Code shall also govern the construction, meaning, and application of the words and phrases used in this chapter, unless the particular provisions or the context otherwise requires. Whenever any words or phrases used in this chapter are not defined, but are defined in the Vehicle Code of the State, and amendments thereto, such definitions shall apply. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be.
(a) “Police hold” shall mean a written direction from the police officer on the scene to store the vehicle to be towed in an enclosed building.
(b) “Rotation list” shall mean a list of persons engaged in the business of providing tow car services, which list shall be maintained by the Chief of Police or his designee for the purpose of rotating the police dispatch of tow cars in accordance with the provisions of this chapter and other applicable laws.
(c) “Tow car” shall mean a motor vehicle which has been altered or designed and equipped for and exclusively used in the business of towing vehicles by means of a crane, hoist, tow bar, towline, or dolly or is otherwise exclusively used to render assistance to other vehicles. (§ 1, Ord. 82-11, eff. May 19, 1982)
5.16.03 Intent.
It is the intent of this chapter to regulate the operation of tow car services dispatched by the Police Department pursuant to the authority conferred by Section 21101 of the Vehicle Code of the State. (§ 1, Ord. 82-11, eff. May 19, 1982)
5.16.04 Dispatching of tow cars.
Except as otherwise provided in Section 5.16.05 of this chapter, the Chief of Police or his designee shall dispatch tow cars to perform tow car services only on a rotation basis from a rotation list established and maintained in accordance with the provisions of this chapter. (§ 1, Ord. 82-11, eff. May 19, 1982)
5.16.05 Exceptions.
This chapter shall not apply to the following:
(a) Tow car services performed by automobile clubs, automobile associations, or garages specified by the owner or driver of the towed vehicle;
(b) Tow car services performed for the abatement and removal of abandoned, wrecked, dismantled, or inoperable vehicles, or parts thereof, pursuant to Sections 22660 et seq. of the Vehicle Code of the State; or
(c) Tow car services performed on an emergency basis to eliminate a dangerous or hazardous condition, as determined by the police dispatcher, when the dispatcher determines that another tow car can provide the most expeditious response. (§ 1, Ord. 82-11, eff. May 19, 1982)
5.16.06 Applications for placement on the rotation list.
Any person engaged in the business of providing tow car service and desiring to be placed on the rotation list shall submit an application therefor to the Chief of Police. The application shall be in a form approved by the Chief of Police and shall include the following:
(a) The applicant’s name, home address, business address, and telephone number, including the names of persons doing business under fictitious names, members of partnerships, and officers of corporations or associations;
(b) A list of vehicles which will be used as tow cars, including a full description of each vehicle and its license number;
(c) The location of the applicant’s place of business and storage facility; and
(d) Such other and further information as the Chief of Police may require.
The application shall be made under penalty of perjury and shall not be accepted unless it is clearly filled out in full with all the required information. (§ 1, Ord. 82-11, eff. May 19, 1982)
5.16.07 Applications for placement on the rotation list: Investigations.
The Chief of Police shall cause an investigation to be made of the facts stated in the application and, within thirty (30) days, shall place the applicant on the rotation list, unless the Chief of Police makes one of the following findings:
(a) That the applicant has been removed from the rotation list within the last twenty-four (24) months;
(b) That a material statement made in the application is probably untrue;
(c) That a fact exists of which the Chief of Police has knowledge which would be cause for the removal or suspension of the applicant from the rotation list; or
(d) That the applicant’s business or storage facility is not located in the City. (§ 1, Ord. 82-11, eff. May 19, 1982)
5.16.08 Nontransferability.
No person shall assign or subcontract his right to respond to a police-dispatched call under this chapter to another person. (§ 1, Ord. 82-11, eff. May 19, 1982)
5.16.09 Regulations.
All persons on the rotation list shall:
(a) Comply with all the laws of the State pertaining to tow cars and tow car service, including, but not limited to, satisfying minimum equipment standards, reporting to the California Highway Patrol all vehicles stored over thirty (30) days, and keeping records of vehicles stored for longer than twelve (12) hours;
(b) Provide twenty-four (24) hour service, seven (7) days per week, including holidays, for the towing, storage, and release of vehicles;
(c) Have storage space inside a locked building for at least two (2) vehicles;
(d) Have storage space in the open for at least twenty (20) vehicles and storage space of 5,000 square feet;
(e) Provide adequate security for vehicles stored in the open, which security shall include no less than a six (6′) foot fence or wall around the storage area;
(f) Furnish the Police Department with a copy of any report made to the Department of Justice of the State pursuant to Section 10652 of the Vehicle Code of the State regarding vehicles stored for thirty (30) days, which copy may be forwarded by regular mail;
(g) Store vehicles subject to a police hold within a locked building;
(h) Retain and safeguard any vehicle subject to a police hold until authorized by the Police Department to release the vehicle and the contents therein;
(i) Post a schedule of towing fees in a conspicuous place on the business premises;
(j) Charge reasonable towing fees not in excess of those charges made for similar services provided to any other public agency or private person;
(k) Maintain motor vehicle liability insurance and general liability insurance by a policy or policies having single limit bodily injury and property damage limits of not less than Five Hundred Thousand and no/100ths ($500,000.00) Dollars and provide the City with a certificate of insurance evidencing such insurance;
(l) Maintain receipts, with a copy placed in the towed or stored vehicle, whenever any item is removed from such vehicle;
(m) Maintain records of tow services and other services furnished, including a description of the vehicle, the nature of the services rendered, and the time and location of calls, which records may be inspected by authorized employees of the City during regular business hours;
(n) Notify the Police Department within five (5) working days after the sale of fifty-one (51%) percent or more of the tow car service; and
(o) Comply with the rules and regulations promulgated by the Chief of Police. (§ 1, Ord. 82-11, eff. May 19, 1982)
5.16.10 Suspensions from the rotation list.
Any tow car service placed on the rotation list may be suspended from such list if the tow car service fails to comply with any of the conditions, regulations, or requirements of this chapter. Upon learning grounds for suspension, the Chief of Police shall immediately, by written notice, inform the owner of the tow car service of his action of suspension. The Chief of Police may reinstate the tow car service to the rotation list upon satisfactory proof that the tow car service is in compliance with the conditions, regulations, and requirements of this chapter. (§ 1, Ord. 82-11, eff. May 19, 1982)
5.16.11 Removal from the rotation list.
Any tow car service placed on the rotation list may be removed from such list for one or more of the following grounds:
(a) The tow car service has been suspended from the rotation list at least once and repeatedly or intentionally fails to comply with any of the conditions, regulations, or requirements of this chapter;
(b) The owner of the tow car service knew or should have known that his driver or drivers have repeatedly violated the provisions of the Vehicle Code of the State and has failed to take corrective action within a reasonable time;
(c) The tow car service repeatedly fails to answer calls, fails to respond to calls within a reasonable time, fails to maintain clean and orderly storage facilities, or at any time fails to clean the roadway of glass and debris at an accident scene;
(d) The owner of the tow car service sells fifty-one (51%) percent or more of the business; provided, however, the person or persons purchasing the business may apply for placement on the rotation list in accordance with Section 5.16.06 of this chapter. The sale of fifty (50%) percent of the outstanding capital stock of a corporate owner shall constitute a basis for removal from the rotation list subject to the right to apply for placement on the rotation list as provided in this chapter; or
(e) The owner of a tow car service applies for placement on the rotation list under another name.
Upon learning of grounds for removal, the Chief of Police shall immediately, by written notice, inform the owner of the tow car service of his action of removal. (§ 1, Ord. 82-11, eff. May 19, 1982)
5.16.12 Appeals.
Any person may appeal from a decision of the Chief of Police as provided in Chapter 4 of Title 1 of this Code. Any such appeal shall be filed within the time prescribed in Section 1.4.02 of Chapter 4 of Title 1 of this Code and, upon failure to file an appeal within any such time, the action of the Chief of Police shall be final. (§ 1, Ord. 82-11, eff. May 19, 1982)