Chapter 10.80
TOWING VEHICLES ON PRIVATE PROPERTY
Sections:
10.80.040 Application contents.
10.80.140 Grounds for permit denial.
10.80.160 Appeal of permit denial.
10.80.170 Suspension or revocation of permit.
10.80.180 Notice and hearing on permit revocation.
10.80.190 Operating without permit.
10.80.210 Term of permit – Renewals.
10.80.220 Applicability of regulations to existing businesses.
10.80.230 Violation and penalty.
10.80.010 DEFINITIONS.
“Illegally parked vehicle” shall mean any vehicle parked on private property in violation of the laws of the state of California.
“Permittee” shall mean a tow service operator holding or applying for a permit issued under this chapter.
“Tow service” shall mean any service whereby vehicles are towed or otherwise removed from one place to another.
“Tow truck” shall mean any vehicle or device used to tow or otherwise remove vehicles from one place to another.
(Ord. 87-16 § 1 (part), 1987).
10.80.020 PERMIT REQUIRED.
No person shall commercially tow or impound illegally parked vehicles from private property within the city of Santa Cruz without first having obtained a permit under this chapter.
(Ord. 87-16 § 1 (part), 1987).
10.80.030 APPLICATION FEE.
(a) Any person desiring to obtain or renew a permit to commercially tow or impound illegally parked vehicles from private property within the city of Santa Cruz shall make application under Section 10.80.030 of this chapter.
(b) Each application shall be accompanied by a nonrefundable application fee established by resolution of the Santa Cruz city council.
(Ord. 87-16 § 1 (part), 1987).
10.80.040 APPLICATION CONTENTS.
An applicant for a permit shall submit the following information:
(a) The applicant’s full name, business and residence address;
(b) The location, description, and hourly availability of all tow trucks owned or operated by the applicant;
(c) The addresses of the applicant’s automobile storage facilities that the applicant will use for housing all vehicles towed from private property;
(d) Written proof that the applicant is over eighteen years of age;
(e) The business, occupation, or employment history for the three years immediately preceding the date of the application of the applicant and owners of the business;
(f) All criminal convictions of the applicant, including vehicle code violations;
(g) Any other information the chief of police may deem reasonably necessary to carry out the purposes of this chapter.
(Ord. 87-16 § 1 (part), 1987).
10.80.050 DISPLAY OF PERMIT.
Every tow truck operator and driver performing towing services of illegally parked vehicles from private property in the city of Santa Cruz shall possess and produce upon request a valid permit or copy thereof issued under this chapter.
(Ord. 87-16 § 1 (part), 1987).
10.80.060 SALE OR TRANSFER.
The permit issued hereunder shall be null and void upon transfer of ownership or any profit interest in the tow service whether present or prospective. Prior to commencing business under new management, the new owner must obtain a temporary permit valid for ninety days. Prior to the expiration of the temporary permit, or any renewal thereof, the new owner shall obtain a tow service permit under this chapter or refrain from the business of towing vehicles from private property in the city of Santa Cruz. Any such application shall be processed as a new permit application.
(Ord. 87-16 § 1 (part), 1987).
10.80.070 NOTIFICATION.
Before removing any illegally parked vehicle from private property, the permittee or the permittee’s employee must notify the Santa Cruz police department of the following:
(a) The name, address and phone number of the person authorizing removal of the illegally parked vehicle from private property;
(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;
(d) The license number, make, model and color of the vehicle to be removed.
The permittee shall, within fifteen days of towing and storing a vehicle, give or cause to be given written notice to the registered and legal owner of the vehicle stating the time and place of removal, the reason for the removal, the method to be used for regaining possession of the vehicle, and the consequences of failing to claim and repossess the vehicle.
If the permittee is unable to identify the owner, the procedure found in Vehicle Code Section 22853 shall be followed.
(Ord. 87-16 § 1 (part), 1987).
10.80.080 STORAGE FACILITY.
The illegally parked vehicle removed from private property shall be towed or otherwise transported to the permittee’s nearest available automobile storage facility. Each towing service shall maintain a clean and orderly storage facility (lot or building) providing sufficient space for all vehicles towed by the service. The storage facility shall be enclosed with substantial fencing, at least six feet in height, capable of protecting stored vehicles and their contents from theft or tampering. Gates and buildings shall be securely locked when not in use, and the facility shall be reasonably screened from public view. Said storage facility shall have suitable lighting to better insure safe storage of vehicles. All outside lighting shall be arranged and shielded to prevent glare or reflection or any nuisance, inconvenience, and hazardous interference of any kind on adjoining streets or property.
(Ord. 87-16 § 1 (part), 1987).
10.80.090 EQUIPMENT.
Each tow truck operating in the city shall be equipped as required by the California Vehicle Code and Santa Cruz Municipal Code Section 10.75.070.
(Ord. 87-16 § 1 (part), 1987).
10.80.100 WARNING SIGNS.
The permittee shall not tow from private property unless the private property has been posted with signs that comply with California Vehicle Code Section 22658. Such signs must have been posted for at least, twenty-four hours prior to the tow. Each sign shall contain substantially the following message:
NO PARKING – UNAUTHORIZED VEHICLES SUBJECT TO TOW-AWAY AT OWNER’S EXPENSE
CVC 22658
SANTA CRUZ POLICE DEPARTMENT
TELEPHONE 471-1170
(Ord. 87-16 § 1 (part), 1987).
10.80.110 RATES.
The fee charged for towing or storage, or both, of a vehicle under this chapter shall be the same as that chargeable for the same service made at the request of the city police under an agreement between the city and private tow companies for removal of vehicles from public property. Such fees shall be established by resolution adopted by the Santa Cruz city council. A schedule of these rates shall be kept in each tow truck, conspicuously posted and visible to the public at each place of business and storage site. These rates shall be shown to persons claiming a vehicle upon request.
(Ord. 87-16 § 1 (part), 1987).
10.80.120 METHOD OF PAYMENT.
The method of payment for release of vehicles from impound shall be as provided in Section 10.75.100 of this code and as otherwise provided by the California Vehicle Code.
(Ord. 87-16 § 1 (part), 1987).
10.80.130 PERMIT PROCEDURES.
An applicant for a permit under the provisions of this chapter shall obtain the form from the finance department and complete and return it to the finance department who shall forward it to the police department. The police department will thereafter notify the permit applicant of a date and time in which to personally appear at the police department. The chief of police shall have ninety days in which to process the application.
The planning and building department and the fire department may, on the request of the chief of police, inspect the premises proposed to be used for automobile storage and shall make recommendations to the chief of police.
(Ord. 87-16 § 1 (part), 1987).
10.80.140 GROUNDS FOR PERMIT DENIAL.
The chief of police shall not grant a permit if any of the following is found:
(a) The permit applicant has falsified the application; or
(b) The permit applicant fails to furnish the information and documents required by this chapter; or
(c) The permit applicant has been convicted of a crime involving theft, violence, or sex offense within the past ten years; or
(d) The permit applicant permitted an employee or agent to engage in any type of offense involving theft, violence or sex offenses within the past ten years; or
(e) Inspection or investigation by any public official, reveals a deficiency, violation or course of conduct involving the tow service that endangers the peace, health, safety and general welfare of the public; or
(f) The operation as proposed by the applicant, if permitted, would not comply with all applicable laws; or
(g) The applicant is not eighteen years or older.
(Ord. 87-16 § 1 (part), 1987).
10.80.150 NOTICE OF DENIAL.
If the chief of police denies the permit application, written notice of such denial shall be given to the applicant stating the grounds for such denial. Notice of the denial may be given by personal service to the applicant or by mail at the address given on the application.
(Ord. 87-16 § 1 (part), 1987).
10.80.160 APPEAL OF PERMIT DENIAL.
Within thirty days from the date of denial, any person denied a permit may appeal to the city manager in writing stating reasons why the permit should be granted. The city manager may grant or deny the appeal, and such decision shall be final.
(Ord. 87-16, § 1, 1987).
10.80.170 SUSPENSION OR REVOCATION OF PERMIT.
The chief of police may suspend or revoke tow service permits upon finding that:
(a) The permittee committed or allowed his or her agents or employees to violate any law relating to the permittee’s responsibilities as a tow service operator and custodian of stored vehicles; or
(b) The permittee’s operation has been suspended by another law enforcement agency; or
(c) An inspection or investigation by the planning and building department. police department, or fire department, reveals a violation of any law that endangers the peace, health, safety and general welfare of the public.
(Ord. 87-16 § 1 (part), 1987).
10.80.180 NOTICE AND HEARING ON PERMIT REVOCATION.
No permit shall be suspended or revoked unless the permittee has first been given an opportunity to respond to any threatened revocation at a noticed hearing conducted by an officer appointed by the chief of police. Notice of such hearing shall be given in writing by the police department. Such notice shall be served on the permittee at least five days prior to the date of hearing. The notice shall state the ground of the complaint against the permittee, or against the business carried on by the permittee, and shall state the time and place where such hearing will be held.
This notice shall be personally served upon the permittee or an agent or employee of the permittee at permittee’s place of business or residence. If the permittee cannot be found with due diligence and the service of such notice cannot be made in the manner herein provided, a copy of such notice shall be mailed, postage fully prepaid, addressed to the permittee at his place of business or residence at least five days prior to the date of such hearing.
(Ord. 87-16 § 1 (part), 1987).
10.80.190 OPERATING WITHOUT PERMIT.
It is unlawful for any person to conduct or carry on the business of towing illegally parked vehicles from private property until a permit, suspended or revoked, has been reinstated by the chief of police.
(Ord. 87-16 § 1 (part), 1987).
10.80.200 BUSINESS LICENSE.
Possession of a tow service permit does not relieve the permittee from the duty to obtain a business license or any other permit required to operate in the city of Santa Cruz.
(Ord. 87-16 § 1 (part), 1987).
10.80.210 TERM OF PERMIT – RENEWALS.
The permit shall be valid until revoked, suspended, or the business is transferred to a new owner.
(Ord. 87-16 § 1 (part), 1987).
10.80.220 APPLICABILITY OF REGULATIONS TO EXISTING BUSINESSES.
Any business subject to this chapter that commenced operations prior to the effective date of this chapter shall have thirty days in which to obtain a temporary permit from the police department and submit a complete application for the permit required by this chapter.
(Ord. 87-16 § 1 (part), 1987).
10.80.230 VIOLATION AND PENALTY.
It is unlawful for any person, whether acting as an individual owner, employee of the owner, operator or employee of the operator, or whether acting as a mere helper for the owner, employer or operator, or whether acting as a participant or worker in any way, to operate or conduct a towing service without a permit to do so from the city of Santa Cruz as provided by this chapter. Violations of this chapter are punishable by a fine not to exceed one thousand dollars.
(Ord. 87-16, § 1, 1987).