Chapter 11
VEHICLE TOWING SERVICES
Sections:
4-11.01 Selection and towing service designation.
4-11.05 Minimum equipment standards for tow trucks.
4-11.06 Radio dispatching equipment.
4-11.13 Inspection requirements.
4-11.14 Schedule of fees and rates.
4-11.16 Protection of vehicles.
4-11.18 Authorization for repairs or alterations.
4-11.19 Duty to obey orders and responsibilities at scene.
4-11.20 State law to govern collection of fees, lien sales, and disposition of abandoned vehicles.
4-11.21 Records open to inspection.
4-11.22 Accessibility of vehicles for appraisal.
4-11.23 When request is a rotation turn.
4-11.24 Changes in order of rotation.
4-11.27 Removal from list or suspension of towing service.
4-11.28 Reinstatement to rotation list.
4-11.30 City towing service fee.
4-11.01 Selection and towing service designation.
The Chief of Police shall maintain a rotation list for vehicle towing services by the issuance of permits to qualified tow service operators. The number of openings on the rotation list shall be set by the Council by resolution. The Chief of Police shall make an appointment to a vacancy on the rotation list in the order in which applications are received. The Chief of Police may refuse to appoint an applicant to the rotation list if the applicant is unable to meet the requirements of this chapter. The determination shall be based upon information from an application for permit submitted to the Chief of Police and upon appropriate investigation. The applicant shall be rejected if the applicant has knowingly submitted facts and information in an application for a permit which are untrue, or intentionally omitted or failed to indicate in the application facts which, if submitted, could have resulted in a rejection of the application for a permit, provided such facts should have reasonably been known by the applicant. The decision of the Chief of Police may be appealed by the applicant in the manner set forth in this chapter.
(§ 1, Ord. 790-88 C-M, eff. December 22, 1988)
4-11.02 Rotation contract.
The City Manager is authorized to execute agreements with operators holding permits under this chapter wishing to be placed on the rotation list.
(§ 1, Ord. 790-88 C-M, eff. December 22, 1988)
4-11.03 Business permits.
Applicants must be able to present a valid City business license at time of application for rotation towing.
(§ 1, Ord. 790-88 C-M, eff. December 22, 1988)
4-11.04 Approval of drivers.
Each permittee on the rotation list shall employ only capable and competent drivers and attendants. Each permittee shall provide the Chief of Police with a current list of drivers and attendants authorized to perform operations of each tow truck. The Chief of Police may remove a permittee from the rotation list if the permittee employs a driver who, within the five (5) years preceding employment, has been convicted of one or more of the following crimes:
(a) Auto theft, burglary, possession of stolen property, grand theft, or any other felony crime;
(b) A crime of violence on the person of another;
(c) A violation of the Health and Safety Code of the State relating to narcotics or dangerous drugs;
(d) A violation of Sections 4461, 4462b, 4463, or 5017a of Division 3 of the Vehicle Code of the State;
(e) A violation of any provision of Division 4 of the Vehicle Code of the State; or
(f) A crime relating to illegal acquisition of vehicles or vehicle parts or documents relating to vehicle registration or ownership.
(§ 1, Ord. 790-88 C-M, eff. December 22, 1988)
4-11.05 Minimum equipment standards for tow trucks.
Each permittee shall have two (2) fully equipped tow trucks operational at all times. New or broken-down tow trucks must pass inspection before placing them in service. Each tow truck shall meet the following minimum standards:
(a) Truck chassis. At least one ton capacity with dual rear wheels or equivalent;
(b) Company name. Each vehicle shall be marked as required by Section 27907 of the Vehicle Code of the State;
(c) Lights. Each vehicle shall be equipped with lighting equipment required by the Vehicle Code of the State, plus one white utility light (adjustable or portable), and may be equipped with such other lights as the permittee desires, notwithstanding provisions of the Vehicle Code of the State;
(d) Winch. Each vehicle shall have one chassis-mounted power-driven winch equipped with safety dogs or equivalent braking devices with a minimum cable length of one hundred (100') feet;
(e) Additional equipment. Each vehicle shall have:
(1) A flashlight in operating condition;
(2) A dustpan or square-bladed shovel;
(3) A crowbar or prybar;
(4) Material capable of absorbing five gallons of spilled petroleum products;
(5) A rope or strapping implement for securing steering wheels;
(6) Miscellaneous handtools, such as hammers, screwdrivers, or wrenches;
(7) A set of dollies;
(8) Safety chain;
(9) A device intended and manufactured to protect impact-resistant vehicle bumpers; and
(10) Brooms, tag lights, and other equipment required by the Vehicle Code of the State.
(§ 1, Ord. 790-88 C-M, eff. December 22, 1988)
4-11.06 Radio dispatching equipment.
Each tow truck shall be equipped with communications between the tow truck and its dispatcher. Dispatching shall be from a central dispatching point available by telephone twenty-four (24) hours per day. For the purposes of this section, citizens’ band radio equipment shall satisfy the communications requirement.
(§ 1, Ord. 790-88 C-M, eff. December 22, 1988)
4-11.07 Vehicle storage.
Each permittee 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 (6') feet high, 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. All outside lighting shall be arranged and shielded so as to prevent any nuisance, inconvenience, or hazardous interference to adjoining streets or property. Storage facilities shall be within one mile of the city limits.
(§ 1, Ord. 790-88 C-M, eff. December 22, 1988)
4-11.08 Release of vehicle.
Vehicles stored must be released within two (2) hours of the owner’s demand, or at such time as may be mutually agreed, upon proof of ownership or entitlement of use and tender of lawful fees to the permittee. The permittee must accept cash or a valid bank credit card within limits imposed on the use of the card. If exigent circumstances prevent prompt release of the vehicle, the storage fee shall be calculated at the time demand for release was made. Failure to release vehicles promptly is a ground for removing the permittee from the rotation list.
(a) Permittees shall require a Watsonville Police Department Vehicle Release in the following circumstances:
(1) Vehicles stored or impounded under the authority of the California Vehicle Code, as recovered property, or as evidence for an investigation.
(b) A fee, as established from time to time by resolution of the City Council, hereinafter called the “Vehicle Impound Release Fee” shall be paid to the Watsonville Police Department, as a condition of release of a vehicle impounded under the authority of California Vehicle Code for driving without a license, expired or suspended license, and registration expired over six (6) months. Said fee is to be used to reimburse the City for the cost of administering storage and release of impounded vehicles.
(§ 1, Ord. 790-88 C-M, eff. December 22, 1988, as amended by § 1, Ord. 1203-06 C-M, eff. November 9, 2006)
4-11.09 Gate fees.
Gate fees shall not exceed one-half (1/2) of the hourly maximum tow rate set forth in the tow schedule. A gate fee applies only to vehicles released from storage after normal business hours. Only one (1) gate fee may be charged per vehicle. Normal business hours are Monday to Friday, from 8:00 a.m. to 5:00 p.m., except State holidays.
(§ 1, Ord. 790-88 C-M, eff. December 22, 1988, as amended by § 2, Ord. 1469-24 (CM), eff. November 21, 2024)
4-11.10 Hours of operation.
Permittee shall render available one employee to respond to police and citizen requests for release of vehicles, twenty-four (24) hours per day, seven (7) days per week, including holidays.
(§ 1, Ord. 790-88 C-M, eff. December 22, 1988)
4-11.11 Insurance.
The City and/or its City Council and/or its officers and/or its employees, shall not be responsible for any loss or damages arising from towing and storage of vehicles or the performance of any requirement imposed by this chapter or law. As a condition of being granted a permit and being placed on the rotation list, the permittee shall defend, indemnify, and save harmless the City, the Council, and city officers and employees, from any suits, claims, or actions brought, or disease or illness or damages sustained or arising out of the operation of towing services and storage of vehicles and arising out of the performance of any requirement of this chapter. The permittee shall maintain public liability insurance, primary coverage, in amounts established by the Vehicle Code of the State or by resolution of the City Council, whichever is the higher. Policy expiration dates and any notice of cancellation shall be forwarded to the Traffic Section Sergeant of the Police Department. Without insurance, a permittee shall be removed from rotation. Permittees shall further be responsible at actual cash value for customer vehicles and contents as provided by law. A certificate of insurance for workers’ compensation shall be provided to the City. The City Finance Director shall be furnished with a certificate of insurance for the above coverage providing not less than thirty (30) days notice of cancellation to the City.
(§ 1, Ord. 790-88 C-M, eff. December 22, 1988)
4-11.12 License requirements.
The permittee shall possess and insure that each attendant possesses a valid California driver’s license as outlined in Section 12804 of the Vehicle Code of the State.
(§ 1, Ord. 790-88 C-M, eff. December 22, 1988)
4-11.13 Inspection requirements.
The permittee shall render available all tow trucks and the storage facility for inspection by the representative of the Chief of Police upon request of the Police Department.
(§ 1, Ord. 790-88 C-M, eff. December 22, 1988)
4-11.14 Schedule of fees and rates.
The City Council shall by resolution establish the maximum chargeable fees and fees for each normal rotation request. For towing services, the permittee may charge no more than the maximum rate set by the City Council. The rate for road service calls and for towing to points other than the permittee’s established storage facility at the request of the vehicle owner or agent shall be negotiated between the permittee or attendant and the vehicle owner or agent thereof.
(§ 1, Ord. 790-88 C-M, eff. December 22, 1988)
4-11.15 Response time.
Not less than one (1) tow truck and attendant shall be able to respond to any location within the geographical limits of the City within thirty (30) minutes for Class A and Class B tows, and within sixty (60) minutes for Class C tows. In the event of the unreasonable delay in time taken for the response, Police Department personnel charged with calling the permittee shall evaluate the length of delay and, if possible, the reason for the delay. If, in the judgment of the Police Department personnel, the tow will be unreasonably delayed, they may call another permittee and the tow will then be handled by the designated permittee. In the event a vehicle of greater weight than a private passenger auto, station wagon, or unladen pickup truck must be removed, the Police Department will notify the permittee on the rotation list next in line qualified to handle the assignment.
(§ 1, Ord. 790-88 C-M, eff. December 22, 1988, as amended by § 2, Ord. 1469-24 (CM), eff. November 21, 2024)
4-11.16 Protection of vehicles.
The permittee shall hold a vehicle impounded for special investigation (for example, fingerprinting) until the Police Department authorizes its release in writing. The permittee shall maintain a secured building for storage of impounded vehicles. If the storage facility of the permittee does not include a secured building, the tow shall be assigned to the first permittee next on the rotation list possessing such a facility.
(§ 1, Ord. 790-88 C-M, eff. December 22, 1988)
4-11.17 Inventory.
Permittees, when assuming custody of any vehicle stored or impounded by police order, shall inventory the contents of the vehicle open to view and in its unlocked compartments. This inventory shall be signed jointly by the permittee or attendant and the peace officer ordering the tow and shall, in addition, certify that any and all seals affixed by the Police Department are intact. By signature on this inventory, the permittee acknowledges acceptance of full responsibility for the safe and proper tow and storage of the vehicle and for the security of all property therein.
(§ 1, Ord. 790-88 C-M, eff. December 22, 1988)
4-11.18 Authorization for repairs or alterations.
Permittees shall refrain from making any repairs or alterations to a vehicle without first being authorized by one of the persons authorized to order such repairs, or their insurance carriers or their duly authorized agents. Parts and accessories shall not be removed from vehicles without authorization, except as necessary for security purposes. Under such circumstances, the parts or accessories removed shall be listed on the appropriate records and stored in the business office of the permittee, subject to examination. Nothing in this section shall be construed to prohibit permittees or attendants from making emergency alterations necessary to permit the removal of the vehicle.
(§ 1, Ord. 790-88 C-M, eff. December 22, 1988)
4-11.19 Duty to obey orders and responsibilities at scene.
Each permittee called to the scene of a tow by a peace officer shall abide by any lawful directions of the peace officer at the scene. The permittee shall remove all hazards and debris from the location from which a vehicle is towed prior to leaving the scene of the tow.
(§ 1, Ord. 790-88 C-M, eff. December 22, 1988)
4-11.20 State law to govern collection of fees, lien sales, and disposition of abandoned vehicles.
(a) Nothing in this chapter shall be construed to modify State law regarding fee collection and the conduct of lien sales for storage and disposition of abandoned vehicles, or the State licensing requirement thereof. The method of paying tow and storage fees shall be governed by Section 22658(k) of the Vehicle Code of the State.
(b) No abandoned vehicle shall be stored with a permittee unless such permittee possesses a valid dismantler’s license issued pursuant to Section 11500 of the Vehicle Code of the State.
(§ 1, Ord. 790-88 C-M, eff. December 22, 1988)
4-11.21 Records open to inspection.
The Chief of Police may inspect a permittee’s business records during normal business hours. The permittee shall maintain adequate records to include the description of vehicles, nature of service, time and location of the call, and the disposition of the vehicle.
(§ 1, Ord. 790-88 C-M, eff. December 22, 1988)
4-11.22 Accessibility of vehicles for appraisal.
(a) Permittees shall make each vehicle, except impounded vehicles, available during normal business hours to the owner or owner’s representative for the purpose of estimating damages to the vehicle and appraising its value.
(b) Permittees shall provide the Police Department with access to each stored vehicle. Permittees or drivers of permittees shall respond to their office or tow yard facility when requested by Watsonville Police personnel for the purpose of police-related investigation. The time period for response shall not exceed one hour. A stored vehicle shall be released to its owner or owner’s representative upon payment of the necessary fee. All personal property within the vehicle shall be released to the owner or owner’s representative upon request, even though the vehicle is retained in storage, except in cases of impounded vehicles, in which case the permittee shall not release any part of the impounded vehicle or its contents without written consent from the Police Department.
(§ 1, Ord. 790-88 C-M, eff. December 22, 1988)
4-11.23 When request is a rotation turn.
A request for vehicle towing, emergency road service, or any other nontowing service calling for a response by a permittee is a rotation turn, except when:
(a) No compensation for services provided is charged; or
(b) A citizen requests the services of a specific permittee. Permittees shall not assign calls to other firms. In the event a permittee is unable to respond or will be delayed in responding, the Watsonville Police Communications shall be notified immediately.
(§ 1, Ord. 790-88 C-M, eff. December 22, 1988)
4-11.24 Changes in order of rotation.
The Police Department may deviate from the order of normal rotation if the permittee next on rotation is, in the Department’s judgment, incapable or improperly equipped for handling a specific task. If no permittee on the rotation list has the necessary skills or equipment to handle a specific task, the Police Department may request the service from an operator capable of handling the request. A change from the normal rotation does not cause the loss of handling the next normal turn by either the permittee judged capable of handling the request or by the rotation operator who responded.
(§ 1, Ord. 790-88 C-M, eff. December 22, 1988)
4-11.25 Change of ownership.
Any change in ownership of a tow service by a permittee will automatically result in removal of its business from the Police Department rotation list.
(§ 1, Ord. 790-88 C-M, eff. December 22, 1988)
4-11.26 Prohibited acts.
It is unlawful for:
(a) A permittee not on the rotation list to remove and tow a vehicle from the public right-of-way, unless the owner or driver of the vehicle has requested it;
(b) A permittee, agent, or employee to solicit towing service without first having been called by the owner or operator of the vehicle or by the Police Department;
(c) A permittee to perform towing services governed by this chapter in violation of any of the provisions of this chapter.
(§ 1, Ord. 790-88 C-M, eff. December 22, 1988)
4-11.27 Removal from list or suspension of towing service.
The Chief of Police may remove or temporarily suspend a permittee from the rotation list if the permittee fails to comply with this chapter. The Chief of Police may also remove or suspend a permittee from the rotation list if the company has been terminated or suspended from conducting towing service by another law enforcement agency. In the event of termination, the Chief of Police shall give the permittee written notice of the reasons for termination twenty-four (24) hours in advance of termination. The permittee may appeal the decision of the Chief of Police in the manner provided by this chapter.
(§ 1, Ord. 790-88 C-M, eff. December 22, 1988)
4-11.28 Reinstatement to rotation list.
After a permittee has been removed from the rotation list, the permittee may reapply to the Police Department no sooner than one year after the termination.
(§ 1, Ord. 790-88 C-M, eff. December 22, 1988)
4-11.29 Appeal procedure.
Any applicant who desires to appeal any decision of the Chief of Police under this chapter may, within ten (10) days of the mailing of notice of the decision of the Chief of Police, file a written notice of appeal with the City Manager. The applicant is entitled to reasonable notice of the time and place of the hearing of the appeal by the City Manager and is entitled to be personally present, to be represented by an attorney, to call witnesses, and to hear and examine responsible personnel and all witnesses called in support of the Chief’s decision. The hearing shall not be governed by the rules of evidence nor normal courtroom procedures. The City Manager’s decision shall be final.
(§ 1, Ord. 790-88 C-M, eff. December 22, 1988)
4-11.30 City towing service fee.
(§ 1, Ord. 1255-10 (CM), eff. May 13, 2010, repealed by § 3, Ord. 1469-24 (CM), eff. November 21, 2024)