7-23
CITY REFERRAL TOWING SERVICES1:
7-23.1 Definitions:
City authorized exclusive tow service provider shall mean the tow service provider designated by the city council by resolution as the primary and only tow provider to receive city referrals.
City referral shall mean those instances when any member of the sheriff’s department or any designated city employee orders or requests towing service from the city authorized tow service provider whether such service involves city vehicles or private vehicles determined to be relocated by members of the sheriff’s department or designated city employees pursuant to provisions of law. The term city referral towing business shall mean that portion of the city authorized exclusive tow service provider’s business or revenue attributable from city referrals. (Ord. #1527, §8)
7-23.2 City Authorization Required:
As an alternative, the city council may by resolution authorize more than one tow truck service to receive city referrals, provided that the principal place of business of each tow truck service is within the city of Lynwood. (Ord. #1527, §8)
7-23.3 Abandoned Vehicles:
The city council shall by resolution designate a city authorized exclusive towing service provider as the appropriate service to remove, store, and dispose of any and all abandoned vehicles, pursuant to law, and the city council may by resolution prescribe the fees to be paid to the towing company for each such removal. (Ord. #1527, §8)
7-23.4 Permit Tax And Penalties:
The city authorized exclusive towing service provider shall pay to the city a sum provided from time to time by resolution of the city council of that proportion of a city authorized exclusive towing service provider’s gross receipts attributed to the city’s referral business. A city authorized exclusive towing service provider who fails to remit the required sums as set by the city council within the time required may be required to pay a penalty to be set by resolution of the city council, in addition to the required payment. (Ord. #1527, §8)
7-23.5 Accounting Records Required For Audit Purposes:
City authorized exclusive towing service providers shall maintain separate accounting records of all charges for impounded and stored vehicles. Such records shall be available to representatives of the department of finance and administration for audit purposes. (Ord. #1527, §8)
7-23.6 Towing Fee Rates:
The maximum rates to be charged for referral towing services shall be those rates, which the city council may, from time to time, establish by resolution. Upon the adoption of any such resolution, the city clerk shall immediately forward a certified copy of such resolution to all city authorized exclusive towing service providers authorized under this section. (Ord. #1527, §8)
7-23.7 Tow Car Requirements:
All towing equipment used by city referral towing service permit holders shall comply with the following requirements:
a. Meet all applicable sections of tow car requirements listed in the California Vehicle Code.
b. Be adequate to handle any passenger vehicle, motorcycles and/or large and small trucks, trailers, tractors and other similar heavy equipment. Standard tow trucks manufactured as such shall be used, not converted other trucks.
c. Possess cable winches of sufficient size and capacity to retrieve vehicles which have gone over embankments or off traveled portions of roadways into inundated areas or other inaccessible locations when required.
d. Tow car operators must be proficient in unlocking locked vehicles on police order.
e. Tow trucks shall be radio equipped or possess similar comparable communication device with equipment approved by the sheriff’s department and operating at all times when the tow vehicle is in use or on standby.
f. Any additional requirements as the sheriff’s department may reasonably require from time to time. (Ord. #1527, §8)
7-23.8 Obligation To Serve; Response Time:
A city authorized exclusive tow service provider is required to respond to any and all calls from a member of the sheriff’s department or designated city employees for towing services within the city and shall provide such services for any vehicle as directed by the member of the sheriff’s department or city. Response time for referral services shall be within fifteen (15) minutes of such requests twenty four (24) hours at all times including weekends and holidays. The city council may suspend or revoke a permit issued pursuant to these provisions for failure to comply with this subsection. (Ord. #1527, §8)
7-23.9 Storage Requirements:
All city authorized exclusive tow service providers shall conform to the following storage requirements:
a. Storage lot areas must be properly fenced with a suitable material, six feet (6') in height; lots must be equipped so as to provide adequate lighting during the hours of darkness and shall be provided with ample facilities for locking vehicles and providing security.
b. Storage areas shall be secured to preclude the possibility of theft, possible damage or the contamination of prints, or spoliation of other evidence.
c. The towing service and garage will be available on a twenty four (24) hour basis and an attendant shall be available within fifteen (15) minutes to answer requests for service at the official towing service garage.
d. Whenever the term “day” is mentioned in these requirements, it is to be interpreted as a twenty four (24) hour period from the time of impoundment, including weekends and holidays.
e. Vehicles stored for prints, photographs or special investigations shall be stored inside to be protected from dust and dirt or deterioration by the sun or other elements and shall not be removed from such storage unless and until authorized by an appropriate member of the sheriff’s department.
f. All sheriff department and city employees’ tows shall be considered as impounds. All other tows shall be agreed upon between the owner of the vehicle and the contractor. (Ord. #1527, §8)
7-23.10 Insurance Requirements:
City authorized exclusive tow service providers shall comply with the following insurance requirements:
a. Each city authorized exclusive tow service provider shall furnish the city a policy or certificate of liability insurance in which the city is named insured or is a named additional insured with the contractor. The insurance hereunder is primary and shall be noncontributory to any other insurance available. The policy shall insure the city, its officers and employees while acting within the scope of their duties against all claims arising out of or in connection with the permit. The coverage amounts shall be set by city council resolution from time to time. Notices of limits and changes on coverage shall be furnished to each contractor in writing, which shall comply within thirty (30) days and thereafter maintain the revised policies unless subsequently amended.
b. The city shall be notified by certified mail not less than thirty (30) days before expiration or cancellation of policies in effect. (Ord. #1527, §8)
7-23.11 Records; Availability; Provisions:
City authorized exclusive tow service providers and/or storage garage operators shall maintain records of all impounded and stored vehicles ordered by the sheriff’s department and designated city employees at their places of business. Such records shall be available to the representatives of the sheriff’s department and city manager or his authorized representatives only. Records must be retained for not less than two (2) years. The records to be maintained shall be designated by the city manager. (Ord. #1527, §8)
7-23.12 Scene Of Accident:
If a tow truck has been dispatched to the scene of an accident or to a vehicle which has been impounded by the sheriff’s department, the tow truck operator shall cooperate with law enforcement officers in removing hazards and illegally parked vehicles. (Ord. #1527, §8)
7-23.13 Record Log Required To Be Kept By Tow Service:
The referral tow service and storage garage operators shall keep a twenty four (24) month continuous record log showing the time and date that they receive each and every call from the sheriff’s department or city employee. (Ord. #1527, §8)
7-23.14 Vehicle Release:
No work or contract shall be entered into between a referral tow service and the storage garage operator and the vehicle owner or his agent until the vehicle has been released by the sheriff’s department or designated city employee. (Ord. #1527, §8)
7-23.15 Rights Of Vehicle Owner:
The right of any vehicle owner involved in a traffic collision to call for a towing service of his own choosing shall not be infringed upon so long as the removal of his vehicle is made without undue delay. In those cases where the owner of a damaged vehicle chooses to use the services of the city’s authorized exclusive tow service providers and storage garage, such services and charges related thereto shall be the responsibility of the contractor and owner of the vehicle. (Ord. #1527, §8)
7-23.16 Tow Service Responsible For Vehicle:
The tow service and storage garage operator, upon signing CHP form no. 180, or such successor form, report of impounded vehicle, assumes full responsibility for the vehicle and its contents on each impound. (Ord. #1527, §8)
7-23.17 City Manager To Approve Display Of Signs By Tow Service:
Except as otherwise provided, a tow service and storage garage operator shall not display any signs or advertising materials which indicate an official towing service or police garage of the city without having received the prior written permission of the city manager. (Ord. #1527, §8)
7-23.18 Inspection Of Facilities:
The city reserves the right to inspect the facilities, equipment, and premises of the city authorized exclusive tow service providers at any time during the life of this permit in order to ensure that all terms and conditions of this code are being satisfactorily met and complied with. (Ord. #1527, §8)
7-23.19 Power To Revoke Or Suspend Permits:
Permits provided for in this section may be granted, denied, revoked, suspended or canceled whenever in the exercise of reasonable and sound discretion, the city council determines that the provisions of this section have not been complied with or that the city authorized exclusive towing service provider is not a fit or proper company to operate a city referral towing service. (Ord. #1527, §8)
7-23.20 Violation Unlawful:
It shall be unlawful for any person to violate any of the subsections or provisions of this section and shall subject the violator to such civil penalties as may be appropriate. (Ord. #1527, §8)
Prior ordinance history: Code 1972; Ord. #1040.