Chapter 5.60
TOW CAR SERVICES
Sections:
5.60.010 Definitions.
5.60.020 Tow car service response.
5.60.030 Towing list—Application.
5.60.040 Towing list—Establishment.
5.60.050 Appeal of disqualification.
5.60.060 Insurance and indemnity requirements.
5.60.070 Duties of tow car services.
5.60.080 Regulations.
5.60.090 Costs.
5.60.100 Use of towing list.
5.60.110 Removal from towing list.
5.60.010 Definitions.
For the purpose of this chapter, the following definitions shall apply:
A. “Tow car service” means any person engaged in the business of, or offering the services of, a vehicle-towing service whereby motor vehicles are or may be towed or otherwise removed from one place to another by use of a motor vehicle adapted to and assigned for that purpose.
B. “Towing List” means a list maintained by the police department containing the names of four tow car services authorized by the city to respond to requests for towing of motor vehicles made by the list shall include:
1. One tow car service authorized by the American Automobile Association to provide road service to members;
2. One tow car service authorized by the National Automobile Club to provide road service to members; and
3. Any tow car service meeting the requirements and conforming to regulations set forth in Section 5.60.080 and not affiliated with the organizations listed above.
C. “Reserve list” means a list maintained by the police department containing the names of those tow car services qualified to be placed on the towing list. (Ord. 316 § 1, 1986; Ord. 233 § 1, 1981)
5.60.020 Tow car service response.
No tow car service shall respond to the scene of an accident or emergency for the purpose of towing motor vehicles unless called there by the police or one of the persons involved in the accident or emergency. (Ord. 116 § 1 (part), 1975)
5.60.030 Towing list—Application.
Any person desiring to be authorized to perform tow car services at the request of the police shall submit an “application for tow car service” to the chief of police. The application shall include the name and business address of the applicant; the name and resident address of the owner or owners of the applicant; the twenty-four-hour telephone number by which applicant may be summoned; the name of any club or organization by which the applicant is authorized to provide road service to members; the location, size and security features of the storage facilities on which vehicles not otherwise consigned will be stored as well as the location to which the public must come to claim stored vehicles; a six-month equipment inspection; a statement that tow car services will be provided on a twenty-four-hour-a-day basis for each day of the year and that the applicant will accept responsibility for any and all personal property left in towed and stored vehicles; a current price schedule for all services to be rendered; a copy of the current business license; and a copy of the Board of Equalization license required by the California Revenue and Taxation Code. (Ord. 233 § 2, 1981)
5.60.040 Towing list—Establishment.
A. Within thirty days of receiving an application for tow car service, the chief of police shall submit the application to the traffic bureau to conduct an investigation to determine the suitability of the applicant and report its findings to the chief within thirty days of being referred the application.
B. In reviewing the application, the chief shall consider the overall ability of the applicant to perform the services required hereunder and evaluate those aspects of the application which deal with the quality of performance above the minimum requirements. The chief shall give due consideration to whether the price schedule is competitive for the service to be performed.
C. If the chief finds the applicant qualified he shall add the name to the towing list. If there are already four tow car services listed, the name of the qualified applicant shall be added to the end of the reserve list; provided, that if the tow car service is owned by a resident of the city, or if the business is located within Foster City, the name shall be placed at the top of the reserve list unless there are other tow car services owned by residents of or located in Foster City already on the reserve list, in which event the latest approved applicant shall be placed in chronological order after such approved tow car services or services owned by a Foster City resident or located in Foster City.
D. If the chief finds the applicant not to be qualified, the applicant shall be given the reasons for disqualification in writing. (Ord. 233 § 3, 1981)
5.60.050 Appeal of disqualification.
Any applicant requesting to be on the towing list may appeal the decision of the chief of the police department not to place the applicant on the towing list by filing written notice thereof with the city clerk within ten days of the receipt of the reasons for disqualification from the chief. The city council shall hold a hearing on the application at its next regular meeting which is ten or more days following the receipt by the city clerk of the appeal. The decision of the council shall be final. (Ord. 233 § 4, 1981)
5.60.060 Insurance and indemnity requirements.
All tow car services on the towing list shall maintain with the chief of police evidence of insurance in amounts consistent with the requirements set forth by the city council from time to time in the master insurance and indemnity requirements schedule. All tow car services included on the towing list shall be subject to the indemnity and defense obligations as described in the master insurance and indemnity requirements schedule. (Ord. 632 § 2, 2020: Ord. 233 § 5, 1981)
5.60.070 Duties of tow car services.
All wreckers used by tow car services shall be equipped with warning lights as required by state laws and have working two-way radio communications on the same frequency as the base station located at the point where calls for service are received. There shall be an attendant on duty at all times to receive calls for service and dispatching wreckers as requested. There shall be an attendant on duty at any time of the day or night at the location of the vehicle storage facility for the purpose of releasing stored vehicles. In lieu of an attendant, transportation shall be provided from the main place of business to storage locations on a twenty-four-hour basis. No vehicle impounded directly by the city shall be released to or inspected by the owner without the written authorization of the police department. The current price schedule for all services to be rendered by the tow car service shall be maintained with the department and no other price shall be charged. (Ord. 233 § 6, 1981)
5.60.080 Regulations.
The chief of police may make such rules and regulations as he deems necessary to effectuate this chapter and to provide adequate service to the public at the scene of the accident or emergency within this city and all operations of tow car services shall be governed by such rules and regulations. The chief shall submit all rules and regulations to the council for approval. (Ord. 233 § 7, 1981)
5.60.090 Costs.
All costs incident to the towing and storage of any motor vehicle shall be paid by the owner or person entitled to possession of the vehicle and a receipt for payment shall be issued at the time of recovery. The city assumes no liability or responsibility for any vehicle removed, whether by order of the police department or the owner. The tow car service shall maintain approved records and claims-check systems to assure the release of vehicles to the proper persons. Such records shall be open to the police for investigation of specific complaints and for compiling surveys under this chapter. The owner of any tow car service approved for the tow list shall permit the chief of police to inspect the equipment and vehicles used in the towing of motor vehicles and the security facilities maintained for the storage of towed vehicles and personal property. (Ord. 233 § 8, 1981)
5.60.100 Use of towing list.
The tow car service next on the towing list shall be summoned by the police for all accidents or emergencies unless the persons involved in the accident or emergency request a specific tow car service, provided, however, that when it is known that the tow car service next in rotation is unable to handle the particular accident or emergency because of size of equipment needed, the next in line may be summoned or specialized services requested from an unlisted tow car service. If the tow car service called shall not be able to respond within a reasonable time, the next in line shall be called without taking the first off the list unless the tow car service first called has failed to respond after indicating ability to respond. No unlisted tow car services shall be called except when all listed services are unavailable or specifically requested. (Ord. 116 § 1 (part), 1975)
5.60.110 Removal from towing list.
A. The name of a tow car service may be removed from the towing list by the chief of police at the request of the tow car service or if he finds that:
1. The approval of the application was obtained by fraud or by the concealment of a material fact or facts which, if known, would have caused the disqualification of the applicant;
2. The tow car service has violated any of the requirements of this chapter or the rules and regulations established pursuant hereto;
3. The services rendered or the cooperation which the city has received are unsatisfactory and inadequate as a matter of public policy.
B. The tow car service shall be notified in writing of the decision of the chief and may appeal the decision to the chief within ten days of receipt of such notice. The chief shall hear the appeal within ten days of a request therefor and shall make his decision of the appeal in writing within ten days of such hearing. The decision of the chief may be appealed to the city council as provided in this chapter for original disqualification.
C. Upon the removal of a tow car service from the towing list, the first tow car service listed on the reserve list meeting the same requirements of the towing list as to representation as those held by the tow car service removed shall be named to the towing list. (Ord. 233 § 9, 1981)