Chapter 4-15 TOWING SERVICE REGULATIONS

(a) “Abandoned vehicles rotation list” means a list maintained by the Turlock Police Department of operators from which the Police Department will make calls for towing services for the purpose of removing abandoned vehicles as authorized by the California Vehicle Code.

(b) “Attendant or employee” shall mean and include any person qualified by knowledge and experience to operate a tow car and who is the employee or agent of an owner or operator and operates tow cars.

(c) “Operator” shall mean and include any person, firm, corporation or association engaged in the business of towing motor vehicles.

(d) “Owner” includes any person having all the incidents of ownership, including the legal title of a tow car whether or not such person lends, rents, or creates a security interest in the car; and the person entitled to the possession of a car as the purchaser under a security agreement.

(e) “Rotation list” is a list maintained by the Police Department of operators from which the Police Department will make calls for towing service on a sequential basis.

(f) “Tow car” or “tow truck” means a motor vehicle as defined in Section 615 of the California Vehicle Code.

(g) “Towing service” means the business of operating tow cars and/or tow trucks for the purpose of towing, moving, or removing vehicles from, over, or on the public streets in the City of Turlock.

(1167-CS, Amended, 07/10/2012; 897-CS, Amended, 05/23/1996; 725-CS, Enacted, 03/26/1991)

4-15-102 Applicability.

The provisions of this chapter shall be applicable only to those towing service operators who are placed on the rotation list or on the abandoned vehicle rotation list for towing service authorized by this chapter, unless stated otherwise.

(1167-CS, Amended & Renumbered, 07/10/2012; 897-CS, Amended, 05/23/1996; 725-CS, Enacted, 03/26/1991. Formerly 4-15-201)

4-15-103 Permits required.

(a) No person shall own or operate a tow car or towing service for a Turlock Police rotation call without first obtaining a permit as provided by this chapter.

(b) Every owner or operator of a tow car or towing service shall obtain a permit as provided by this chapter for each and every qualified employee or attendant.

(1167-CS, Amended & Renumbered, 07/10/2012; 897-CS, Amended, 05/23/1996; 725-CS, Enacted, 03/26/1991. Formerly 4-15-102)

4-15-104 Permits: Fees.

Any person desiring to own or operate a tow car or towing service shall pay to the City of Turlock, and submit along with the application referenced above, the fees established by resolution of the City Council for owners, operators, and for each qualified attendant and employee. If a permit is lost or stolen, it shall be reported to the Turlock Police Department and will be replaced for a fee established by resolution of the City Council.

(1167-CS, Amended & Renumbered, 07/10/2012; 897-CS, Amended, 05/23/1996; 725-CS, Enacted, 03/26/1991. Formerly 4-15-105)

4-15-105 Permits: Terms.

The Chief of Police may grant a permit to a tow car operator and his/her attendants or employees for a period not to exceed one (1) year, renewable upon application to the Police Department. Permits shall be renewed annually on January 1st (delinquent after February 15th). Initial permits obtained after July 1st shall remain valid until the second January following the date the permit was obtained. This permit is nontransferable. All permits shall be surrendered to the Turlock Police Department upon request of the Chief of Police or his/her designee, or upon termination or resignation from the Turlock Police rotation.

(1167-CS, Amended & Renumbered, 07/10/2012; 897-CS, Amended, 05/23/1996; 725-CS, Enacted, 03/26/1991. Formerly 4-15-108)

4-15-106 Permits: Applications.

Any person desiring to obtain a permit to own or operate a tow car or towing service for the Turlock Police rotation shall file a written application, on the form provided by the City of Turlock, with the Turlock Police Department. In addition, each operator and all attendants must be fingerprinted for the purpose of a background check. Such application shall include the following information:

(a) The name, residence address, and telephone number of the applicant. If the applicant is a partnership, the name, residence address, and telephone number of each partner. If the applicant is a corporation, the name, residence address, and telephone number of each director, each officer, and the general manager.

(b) The applicant’s date of birth, weight, height, color of eyes and hair, and a copy of their valid California driver’s license. If the applicant is a partnership, the date of birth, weight, height, color of eyes and hair, and copy of the valid California driver’s license for each director, each officer, and the general manager.

(c) The name under which the towing service operates and the business address and telephone number of the towing service.

(d) The year, make, model, weight capacity, color, V.I.N. number, and license number of every tow truck/vehicle that will be operated by the towing service.

(e) The name of each city, county, and state, including the specific addresses therein, in which the applicant has been engaged in or has conducted a towing service, or has been employed as a towing service operator or attendant, within the last five (5) years. If the applicant is a partnership, such information shall be provided for each partner. If the applicant is a corporation, such information shall be provided for each director, each officer, and the general manager.

(f) A statement of all felonies, misdemeanors, and infractions (including moving traffic violations and excluding parking violations) for which the applicant has been cited, arrested, or convicted. If the applicant is a partnership, such information shall be provided for each partner. If the applicant is a corporation, such information shall be provided for each director, each officer, and the general manager.

(g) Such other information as the Chief of Police may deem relevant and necessary to investigate and evaluate the qualifications of the applicant.

(h) A signed statement that the information contained in the application as submitted by the applicant is true and complete to the best of the applicant’s knowledge, under the penalty of perjury.

(1167-CS, Amended & Renumbered, 07/10/2012; 897-CS, Amended, 05/23/1996; 725-CS, Enacted, 03/26/1991. Formerly 4-15-103)

4-15-107 Permits: Background investigations.

The Chief of Police shall cause to be conducted an investigation of each application by a towing service operator, and a finding of such investigation shall be attached to the application.

(1167-CS, Renumbered, 07/10/2012; 897-CS, Amended, 05/23/1996; 725-CS, Enacted, 03/26/1991. Formerly 4-15-106)

4-15-108 Permits: Conditions; approval or rejection of application.

The Chief of Police, or his/her designee, upon consideration of an application by a towing service operator and/or attendant and the investigation reports and documents attached thereto, shall approve or reject the application in accordance with the provisions of this chapter.

The Chief of Police, or his/her designee, shall approve the application by a towing service operator/attendant for a permit to operate a towing service if it is found:

(a) That the vehicles described in the application and proposed to be operated by the towing service meet the minimum standards set forth in this chapter and by the California Vehicle Code.

(b) That the applicant meets all the requirements of this chapter and all other applicable laws and regulations.

(c) That the applicant is at least eighteen (18) years of age and has adequate experience in the operation of a towing service.

(d) That the applicant has not been convicted within five (5) years immediately preceding the application of a crime involving honesty or veracity, violence, dangerous or deadly weapons, or more than once during the five (5) year period has been convicted of the use or possession of narcotics, operating a vehicle under the influence of intoxicating liquor, or vehicle theft.

(e) The applicant must operate his/her tow vehicle(s) in accordance with the provisions and requirements of laws of the State of California, the County of Stanislaus, and the City of Turlock.

(f) The applicant must submit a proposed schedule of fees and charges with the application and, if the permit is granted, the permittee must keep a current schedule of fees and charges on file with the Police Department.

(g) The applicant must submit proof of insurance coverage in the amount required by resolution of the City Council.

(h) On an annual basis, each tow vehicle must pass an inspection by the California Highway Patrol or by the Chief of Police or his/her designee.

(i) The applicant must meet all other conditions established by the City Council or the Chief of Police in order to ensure the public health, safety, and general welfare.

(j) That the information submitted by the applicant is correct and complete.

(k) On an annual basis, each tow yard must pass an inspection by the Chief of Police or his/her designee.

(1167-CS, Amended & Renumbered, 07/10/2012; 897-CS, Amended, 05/23/1996; 725-CS, Enacted, 03/26/1991. Formerly 4-15-107)

4-15-109 Permits: Revocation.

Any permit issued pursuant to the provisions of this chapter may be revoked by the Chief of Police for any of the reasons that follow, after ten (10) days’ written notice to the permittee specifying the grounds for the proposed revocation and requiring him/her to appear and show cause why such permit should not be revoked:

(a) Noncompliance with any of the conditions of this section.

(b) Failure to operate his/her tow car or tow service in accordance with the provisions and requirements of this chapter or with the laws of the State of California.

The Chief of Police may refuse to place an applicant on the rotation list or may strike an operator from the rotation list if evidence of poor performance on Turlock’s rotation list or that of another public agency is discovered.

(1167-CS, Amended, 07/10/2012; 897-CS, Amended, 05/23/1996; 725-CS, Enacted, 03/26/1991)

4-15-110 Permits: Appeals.

(a) Any applicant for, or holder of, a permit whose application is rejected or whose permit is suspended or revoked, as provided in this chapter, may appeal such decision pursuant to the provisions of Chapter 1-4 TMC.

(b) In the event of a rejection or revocation, applicant may not reapply for a twelve (12) month period following final action.

(1167-CS, Amended, 07/10/2012; 897-CS, Amended, 05/23/1996; 725-CS, Enacted, 03/26/1991)

4-15-111 Application: Conditions.

In addition to meeting all the provisions for obtaining a permit to operate a towing service in the City of Turlock, as defined previously in this chapter, each towing service owner/operator desiring placement on the rotation lists must also meet the following requirements:

(a) Vehicle storage/protection. Each towing service operator shall have a storage lot or building located within a three (3) mile radius of the City limits of Turlock which is adequate to store not less than twenty (20) vehicles. Such storage lot or building shall be utilized for Turlock Police Department rotational and abandoned vehicle tows and shall be enclosed by a fence or wall which is of sufficient height and strength to be capable of protecting stored vehicles and their contents from pilfering or tampering and comply with all zoning and building requirements of the City. All gates and buildings shall be securely locked when not in use and storage lots shall be screened from public view.

(b) Vehicles towed by the Turlock Police Department shall be stored within the area described above at all times. If there is insufficient space to store the vehicle, a secondary storage facility which meets the above listed requirements and is located within a three (3) mile radius of the City limits of Turlock may be used. If there is still insufficient space for a vehicle, the tow company shall forfeit their turn on the rotation until such space is available.

(c) Prior to the utilization of new storage facilities, which were not listed on the City of Turlock tow permit application, the operator shall obtain the Turlock Police Department approval.

(d) Storage facilities owned by an operator and shared with another operator shall only be approved if the owner/operator charges for the space exclusively on a flat monthly rate rather than a vehicle-by-vehicle basis, or combination thereof.

(e) Storage facilities shared by operators, or other business establishments not owned by the operator, shall be physically separated and secured from each other.

(f) An operator’s employee shall be properly trained to conduct business transactions related to towing, storage, and release of vehicles/property.

(g) Vehicles towed by the Turlock Police Department shall be held by the operator until the vehicle is released in writing by the Police Department. Contents of stored vehicles shall be released as authorized by California Vehicle Code, by court order, or as authorized by the Turlock Police Department.

(h) Hours. Each towing service operator shall have an attendant on call, capable of responding to requests from the Turlock Police Department for towing service and to citizen requests for release of vehicles, twenty-four (24) hours each day, seven (7) days per week, including holidays.

(i) Response time requirements. Tow service operators shall respond to all calls for towing service within thirty (30) minutes or less, from the time the initial request is made. If a towing service operator is unable to respond within such time and notifies the Police Department of that fact at the time the call for service is received, no penalty will be assessed; however, the turn is forfeited.

(j) Insurance. Towing service operators shall maintain in full force and effect policies of public liability insurance as protection against:

(1) Garage liability coverage providing towing and wrecker liability;

(2) Garage keeper’s legal liability or equivalent protection affording fire, theft, vandalism, and malicious mischief, covering the vehicles stored/impounded while in the care, custody, and control of the towing service operator;

(3) Contractual liability.

(k) Workers’ compensation insurance shall be carried as required by State law.

(l) Certificates of insurance evidencing such insurance as required by this chapter shall be filed with the Police Chief prior to assignment of a towing service operator to the rotation list. The certificate(s) shall provide that the City shall receive a thirty (30) day written notice prior to any cancellation, nonrenewal, or any material change in coverage, terms or conditions of the policy.

(m) Liability insurance. Regardless of the provisions of any other ordinances or provisions of this Code, towing service operators who participate in the rotation list or abandoned vehicle rotation list shall obtain and maintain in full force and effect liability insurance in the amount of Five Hundred Thousand and no/100ths ($500,000.00) Dollars for each accident and Five Hundred Thousand and no/100ths ($500,000.00) Dollars for injuries in any one occurrence and property damage liability in the sum of One Hundred Thousand and no/100ths ($100,000.00) Dollars, naming the City and its elected officials, employees, and volunteers as additional insured, and which policy shall provide that the City shall be given thirty (30) days’ written notice prior to the cancellation of any such policy. Towing service operators who are insured at the above listed limits shall not carry passengers in or on their tow car or tow truck, or in the vehicles being towed, at any time while engaged in towing service pursuant to the provisions of this chapter.

If the towing service operator elects to provide transportation for passengers as part of the towing service, the requirement for liability insurance shall be One Million and no/100ths ($1,000,000.00) Dollars for each accident and One Million and no/100ths ($1,000,000.00) Dollars for injuries in any one (1) occurrence. The other requirements for insurance and limits of liability remain the same.

(n) Schedule of fees and charges. The maximum fees and charges which may be charged by towing service operators for services rendered pursuant to this chapter shall be established by resolution of the City Council. Such rates and charges shall be established after a review of rates and charges used in comparable communities and operating data supplied by towing service operators on the rotation list established pursuant to this chapter. The rates and charges shall provide for extra fees in case of unusual circumstances. Towing service operators on the rotation list established pursuant to this chapter may periodically, but not more frequently than annually, request such schedule of rates and charges be reviewed for possible adjustment.

No rates, charges, or other fees shall be charged for towing services provided pursuant to this chapter other than those authorized by the schedule of rates and charges established pursuant to this section. Each towing service operator shall keep full and complete records of all such fees and charges charged for towing service provided pursuant to the provisions of this chapter.

(o) All rotation tow companies must come into compliance with subsections (a) through (n) of this section by July 1, 2013.

(1167-CS, Amended & Renumbered, 07/10/2012; 897-CS, Amended, 05/23/1996; 725-CS, Enacted, 03/26/1991. Formerly 4-15-206)

4-15-112 Rotation lists.

The Chief of Police shall establish and thereafter maintain two (2) separate rotation lists of towing service operators, with one (1) list being solely for the towing of abandoned vehicles. Towing service operators who make application and meet the requirements of this chapter shall be included on both lists. While separate lists will be maintained, tow service operators desiring to be on the Turlock Police Department rotation list must also be on the abandoned vehicles rotation list. Each operator of a towing service placed on the rotation lists shall comply with all the provisions of this chapter. The number of tow companies to be accepted on the rotation lists should be maintained at the rate of one (1) tow company per ten thousand (10,000) City population. If rotation tow company participants exceed the above number, the City will allow tow companies to retire from the list until the number of tow companies meets the one (1) tow company per ten thousand (10,000) City population ratio.

(1167-CS, Amended & Renumbered, 07/10/2012; 897-CS, Amended, 05/23/1996; 725-CS, Enacted, 03/26/1991. Formerly 4-15-204)

4-15-113 Rotation determination.

Vehicles ordered removed or stored by the Turlock Police Department shall be towed by the next available tow car or tow service. Such requests shall be made on a rotational basis.

The Police Department may deviate from the normal rotation schedule if the operator, in the judgment of the Department, is incapable of or not properly equipped for handling a specific task requiring special skills or equipment. If none of the operators on the rotation list have the necessary skills or equipment to handle the call, the Police Department may request service from any other person or company capable of handling the request. A deviation from the normal rotation for such reasons shall not cause a loss of rotation turn by either the operator who was determined to be incapable or not properly equipped for handling the request or by another rotation operator who does respond.

In the event the Chief of Police or his/her designee determines that there is an emergency, the provisions of this chapter shall not apply and the Turlock Police Department may obtain towing service from any source deemed appropriate.

(1167-CS, Amended & Renumbered, 07/10/2012; 897-CS, Amended, 05/23/1996; 725-CS, Enacted, 03/26/1991. Formerly 4-15-205)

4-15-114 Equipment: Minimum standards.

Each tow car/tow truck shall meet the following standards:

(a) Truck Chassis. Vehicles shall have at least one (1) ton capacity with rear dual wheels or equivalent.

(b) Company Name. Vehicles shall be marked as required by the California Vehicle Code.

(c) Lights. Vehicles shall, at all times, be equipped with lighting equipment as required by the California Vehicle Code and may be equipped with such other lights as the operator may desire which are not forbidden by law.

(d) Radio. Each vehicle shall have in good operating condition a two (2) way communication system approved by the Chief of Police, capable of communicating with the parent company dispatcher. Citizen band radios do not meet this requirement.

(e) Additional Equipment. Each vehicle shall have a flashlight in operating condition, a dustpan, crowbar, pry-bar, rope or strapping implement for securing steering wheels, hammer, screwdriver, wrenches, safety chain, and other miscellaneous hand tools, and shall have at least two (2) five (5) gallon cans of absorbent material.

(f) All other equipment as required by the California Vehicle Code.

(1167-CS, Renumbered, 07/10/2012; 897-CS, Amended, 05/23/1996; 725-CS, Enacted, 03/26/1991. Formerly 4-15-104)

4-15-115 Tow truck drivers.

(a) Tow truck drivers on the Police rotation list shall perform all towing and recovery operations in the safest and most expedient manner possible.

(b) TPD rotation tow truck drivers shall possess the proper class of license and endorsements for the towed and towing vehicles. All owners and drivers are subject to a periodic driver’s license status check, and shall provide their driver’s license upon request of the Turlock Police Department.

(c) Uniforms. TPD rotation tow truck drivers shall wear an identifiable uniform (either shirt and pants, or coveralls) displaying the company and driver’s names while engaged in TPD rotation tow operations. Rotation tow truck drivers shall wear their City of Turlock tow truck driver permit where it is visible to others while towing for Police rotation tows, or display their permit in the tow vehicle where it is visible. All permits must be provided to the Turlock Police Department upon request of any officer or employee of the department.

(d) Rotation tow truck drivers shall represent a professional image. An unacceptable representation would include: unbathed, excessively dirty/torn uniform, visibly offensive body art or piercings, etc.

(e) TPD rotation tow truck drivers shall wear appropriate warning garments (e.g., vests, jackets, shirts, retro-reflective clothing) for daylight and hours of darkness in accordance with California Code of Regulations, Title 8, Section 1598. If the tow truck driver is working on a Federal aid highway, the operator shall comply with the guidelines contained in the Federal Code of Regulations, Title 23, Highways, Chapter 1, Federal Highway Administration, Department of Transportation, Part 634, Worker Visibility, which requires high-visibility personal protective safety clothing to be worn that meets the Performance Class 2 or 3 requirements of the ANSI/ISEA 107-2004 (compliance date of November 24, 2008).

(1167-CS, Added, 07/10/2012)

4-15-116 Demeanor and conduct.

While involved in TPD rotation tow operations or related business, the tow operator and/or employee(s) shall refrain from any acts of misconduct including, but not limited to, any of the following:

(a) Rude or discourteous behavior.

(b) Lack of service, selective service, or refusal to provide service which the operator is capable of performing.

(d) Unsafe driving practices.

(e) Exhibiting any objective symptoms of alcohol or drug use.

(f) Any illegal or unethical acts.

The operator/tow truck driver shall submit to a preliminary alcohol screening test upon demand of the TPD if an odor of an alcoholic beverage is detected upon their person.

(1167-CS, Added, 07/10/2012)

4-15-117 Unlawful response.

It shall be unlawful for any person, towing service operator, or the agent, attendant, or other employee of a towing service operator, whether or not on the rotation list, to respond to any police radio call for the purpose of removing from the public streets and towing away any vehicle subject to the provisions of this chapter, unless specifically requested to do so by an officer or representative of the Turlock Police Department. The owner or operator of any vehicle may request any specific towing service operator be called to remove and tow away his/her vehicle, provided it is not being towed or impounded at the direction of the Turlock Police Department.

(1167-CS, Renumbered, 07/10/2012; 897-CS, Amended, 05/23/1996; 725-CS, Enacted, 03/26/1991. Formerly 4-15-202)

4-15-118 Unlawful solicitation.

It shall be unlawful for any person, towing service operator, or the agent, attendant, or other employee of a towing service operator, whether or not on the rotation lists, to solicit any towing service work which is regulated by this chapter without first being requested by the owner or operator of the vehicle or by an officer or representative of the Turlock Police Department to provide such towing service work.

(1167-CS, Renumbered, 07/10/2012; 897-CS, Amended, 05/23/1996; 725-CS, Enacted, 03/26/1991. Formerly 4-15-203)

4-15-119 Tow complaints.

(a) All TPD-related tow service complaints received or initiated by the TPD against a tow operator or tow operator’s employees shall be accepted and investigated in a fair and impartial manner.

The tow operator and their employees shall cooperate with TPD investigators during the course of an investigation.

(b) The operator shall be notified in writing of the findings within thirty (30) days of the conclusion of any investigation.

(c) Should the filing of criminal charges be a possibility, the TPD shall conduct the investigation to conclusion or assist the lead investigating agency and request prosecution if warranted.

(d) Alleged violations of the TMC shall be investigated by the Turlock Police Department.

(1167-CS, Added, 07/10/2012)

4-15-120 Compliance with the law.

(a) The tow operator and employees shall, at all times, comply with Federal, State, and local laws and ordinances.

(b) Any conviction of the operator or employee involving a stolen or embezzled vehicle, fraud related to the towing business, stolen or embezzled property, a crime of violence, a drug-related offense, felony driving while under the influence of alcohol or drugs, misdemeanor driving while under the influence of alcohol or drugs, or moral turpitude should be cause for suspension or removal of an operator/employee, or denial of an operator/employee’s application, or termination from the rotation list. The employee involved shall promptly notify the TPD of any past or current criminal convictions.

(c) Tow operators and their employees shall not be offered nor accept gratuities pursuant to California Vehicle Code Section 12110(a).

(d) No tow operator or their employees shall accept any gratuities from a repair shop for the delivery of a vehicle not owned by the repair shop or tow company, for the purpose of storage or repair pursuant to California Vehicle Code Section 12110(c).

(e) An operator shall satisfy a court order mandating reimbursement to the vehicle or property owner for the damage or loss which occurred while the vehicle was in the operator’s custody.

(f) An operator or employee arrested/charged for a violation involving any of the above crimes should be suspended until the case is adjudicated.

(1167-CS, Added, 07/10/2012)

4-15-121 Compliance with this Code.

(a) The operator agrees, as a condition of inclusion in the rotation tow program, to comply with the terms and conditions of this Code, and all other terms and regulations set forth in the permit application. Furthermore, the operator or operator’s agent agrees that failure to comply with these terms and conditions shall be cause for disciplinary action (i.e., written reprimand, suspension, termination, or denial of an application).

(b) A violation of the equipment requirements related to safety shall be cause for immediate suspension.

The suspension shall remain in effect until the suspension period is completed and the TPD has inspected the equipment and concluded the operator is in compliance.

(c) A violation of the gross vehicle weight rating (GVWR) and/or safe loading requirements of a tow truck may be cause for disciplinary action.

This includes exceeding the tow truck’s gross vehicle weight rating (GVWR), front axle weight rating (FAWR), rear axle weight rating (RAWR), maximum tire weight ratings, or not maintaining fifty (50%) percent of the tow truck’s laden front axle weight on the front axle when in tow.

(d) A violation of intentionally overcharging or a pattern of overcharging shall be cause for suspension.

The suspension shall remain in effect until the suspension period is completed and proof of reimbursement to the aggrieved customer has been provided to the TPD.

(e) Allowing an incompetent tow truck driver to respond to a TPD call shall be cause for disciplinary action of the operator.

(f) An operator responding a tow truck driver to a TPD call (i.e., those drivers dispatched by the tow operator’s business) who does not have a City of Turlock tow truck driver permit (with the company they are towing for) shall be cause for disciplinary action of the operator.

(g) Tow operators shall not record (i.e., videotape, photograph) a scene unless it is for official use by the tow company for business-related reasons.

(1) The on-scene investigating officer or incident commander shall make the determination when a tow operator may record a scene for tow-related business reasons.

(2) In the event a tow operator is determined to be in violation of this provision, they will immediately surrender any such recording device to an officer of the Turlock Police Department.

(1167-CS, Added, 07/10/2012)

4-15-122 Disciplinary action.

(a) The Turlock Police Department shall take disciplinary action against an operator for violations investigated and sustained. Furthermore, the operator agrees that failure by the operator, or their agent, to comply with these terms and conditions shall be cause for disciplinary action (i.e., written reprimand, suspension, denial of an application, or termination from the Turlock Police rotation list).

The Turlock Police Department shall retain discretion regarding the length of any suspension imposed pursuant to the terms and conditions of this Code.

(b) Nothing shall preclude the Turlock Police Department from taking the appropriate enforcement or administrative action for any violations of law.

(c) Nothing herein shall be deemed to prohibit the Turlock Police Department from immediately suspending, terminating, or denying an application of any operator or employee whose conduct, in the opinion of the TPD, is deemed to be a danger to the motoring public, or who has engaged in conduct constituting a flagrant violation of this Code (e.g., registered sex offender).

(1167-CS, Added, 07/10/2012)

4-15-123 Terms of disciplinary action.

(a) Violations of the terms and conditions of this Code may be cause for disciplinary action in the following manner:

(1) First violation within a twelve (12) month period: letter of written reprimand.

(2) Second violation within a twelve (12) month period: one (1) to thirty (30) day suspension.

(3) Third violation within a twelve (12) month period: sixty (60) to ninety (90) day suspension.

(4) Fourth violation within a twelve (12) month period: termination from the rotation list.

NOTE: In lieu of termination, the TPD may impose additional suspensions for longer periods, if deemed appropriate.

(b) Violations of the terms and conditions of this Code which warrant suspension for the first violation are categorized as major violations. Any subsequent or continuing major violation may be cause for termination.

(1) When considering disciplinary action for a major violation of this Code, the TPD should take into consideration all violations which have occurred within thirty-six (36) months prior to the date of the current violation.

(2) A suspended or terminated operator, and/or the tow business owner at the time of the suspension or termination, shall not be eligible for a rotation listing for the duration of the suspension or termination. This provision applies to the operator working in any capacity within any tow business or operating any tow business, even if operated under new ownership.

(c) If the operator is serving a suspension for one year or more, the operator shall be required to have complied with all terms and conditions of this Code at the time of reinstatement.

(d) An operator shall comply with all the terms of the suspension (i.e., restitution to victims, court orders) prior to reinstatement or reapplication.

(1167-CS, Added, 07/10/2012)

4-15-124 Supplemental regulations.

The provisions of this chapter shall be deemed as supplemental to the business license tax and any other pertinent laws and ordinances of the City of Turlock.

(1167-CS, Renumbered, 07/10/2012; 897-CS, Amended, 05/23/1996; 725-CS, Enacted, 03/26/1991. Formerly 4-15-111)

4-15-207 Repealed.

(1167-CS, Repealed, 07/10/2012; 897-CS, Amended, 05/23/1996; 725-CS, Enacted, 03/26/1991)