HomeMy Public PortalAboutOrd. 1040ORDINANCE NO. 1040
AN ORDINANCE OF THE CITY OF LYNWOOD, CALIFORNIA,
REGULATING TOWING SERVICES RECEIVING CITY REFER-
RALS AND ADDING SECTION 19-194 AND FOLLOWING TO
THE LYNWOOD CITY CODE.
THE CITY COUNCIL OF THE CITY OF LYNWOOD HEREBY DOES ORDAIN
AS FOLLOWS:
SECTION 1. The following sections are added to Chapter 19 of
the Lynwood City Code to read as follows:
SECTION 19-194. "Cit Referral" Defined The term "City
referral shall mean those instances when any member of the
Sheriff's Department orders or requests towing service from
permittees whether such service involves City vehicles or private
vehicles desired to be moved by members of the Sheriff's Depart-
ment pursuant to provisions of law. The term "City referral
towing business" shall mean that portion of permittees' business
or revenue attributable from City referrals.
SECTION 19-195. Permit Required In order to be eligible
to receive City referrals, a towing business shall beforehand
have duly obtained a referral towing service permit.
(1) Applications for permits to provide towing
service upon referral by the City shall be made on
forms furnished by the License Collector containing
spaces for such information with reference to the
applicant as the Sheriff's Department may reasonably
require. All information required shall be given under
oath.
(2) Each application shall be accompanied by a
true photograph of each applicant approximately 1-1/2
inches square and taken within thirty days of the date
of application and by the true fingerprints of the
thumb and fingers of each hand of each applicant. In
the case of a corporation, such photograph and finger-
prints shall be furnished by the president and vice-
president, secretary and treasurer of the corporation.
In the case of a partnership or firm, of each member
or partner of the partnership or firm. In the case
of individuals, of each individual applicant.
(3) Failure to furnish the required truthful
information, photograph and fingerprints shall be
sufficient grounds for denial of any application.
SECTION 19-196. Public Hearing. Upon the filing of an
application for a permit to provide City referred towing service,
the City Council shall fix the time and date for public hearing
thereon. The Council shall refer the matter to the City Manager
who shall cause an investigation to be made respecting the neces-
sity for the proposed service with the City.
At least ten days' written notice of the time and place
set for the public hearing shall be given to the applicant
and to all persons then holding permits. Notice shall also
be given the general public by posting a notice of such hearing
on the bulletin board in the main lobby of the City Hall at
least ten days prior to such hearing. Any interested person
may file with the City Manager a memorandum in support of or in
opposition to the issuance of a permit and certificate. At the
public hearing of the matter, evidence may be received with
reference thereto but shall not necessarily be limited to the
matters contained in the application. In conducting such
hearings, the City Council shall among other matters as it
may deem pertinent, take into consideration the number of
referral towing services already in lawful operation in the
City; the probable effect of increased service to the City;
the character, experience, and personal financial responsibility
of the applicant; the capacity and ability of the applicant to
satisfactorily perform referred towing services, and other
factors relevant to the application.
SECTION 19-197, Issuance of Permit If the City Council
finds that additional referral towing services for City referred
business is required in the public interest, and if the applicant
is fit, willing, and able to perform such further referral
towing service and to conform to the provisions of this Code and
other legal provisions and rules promulgated by the City Council,
the City Council may issue a permit stating the name and address
of the applicant, under such permit, and the date of issuance.
SECTION 19-198. Permit Tax and Penalties Each permittee
shall pay to the City a sum equal to five per cent (50) of that
portion of permittees' gross receipts derived from or attributed
to City's referred business. Such payments shall be made on or
before the last day of the month following the close of each
calendar quarter and payable in addition to permittees' general
business tax. Any permittee who fails to remit said quarterly
payments imposed by this article within the time required shall
pay a penalty of 10°s of the amount due in addition to the quarterly
payment.
SECTION 19-199. Audit. Each permittee shall maintain separate
accounting records of all charges for impounded and stored vehicles.
Such records shall be available to representatives of the Finance
Department for audit purposes.
SECTION 19-200.
charged for referral
the City Council may
Upon the adoption of
immediately forward
permittees holding a
Towing Fee Rates. The maximum rates to be
towing services shall be those rates which
from time to time establish by resolution.
any such resolution, the City Clerk shall
s certified copy of such resolution to all
then current permit under this Article.
SECTION 19-201. Tow Car Requirements All towing equip-
ment used by City referral towing service permit holders shall
comply with the following requirements:
-2-
(1) All applicable sections of tow car require-
ments listed in the California Vehicle Code.
(2) Adequate equipment to handle any passenger
vehicle, motorcycles and/or large and small trucks,
trailers, tractors and other similar heavy equipment.
Standard tow truck or trucks shall be used, not coverted
pick-up trucks.
(3) A cable winch of sufficient size and capacity
to retrieve vehicles which have gone over embankments or
off travelled portions of roadways, into inundated areas
of other inaccessible locations.
(4) Tow car operators must be proficient in unlocking
locked vehicles on police order when required.
(5) Tow trucks shall be radio-equipped with equipment
approved by the Police Department.
SECTION 19-202. Obli ation to Serve and Response Time
Permittees are required to respond to any and all calls from a
member of the Sheriff's Department for towing services within
the City and shall provide such services for any vehicle as
directed by the member of the Sheriff's Department. Response
time for referral services shall be within fifteen (15) minutes
of such requests. The City Council may suspend or revoke a per-
mit issued pursuant to these provisions for failure to comply
with this section.
SECTION 19-203. Storage Requirements Referral towing
service operators granted permits hereunder shall conform to
the following storage requirements:
(1) Storage lots must be properly fenced with a
suitable material, six (6) feet 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.
(2) Vehicles requiring special handling for
investigation, that is, fingerprinting, photographing,
searching, etc. must be under a roof in a building
capable of being secured.
(3) The official towing service and garage will be
availabe 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.
(4) 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.
(5) All Police tows shall be considered as a police
impound. All other tows shall be agreed upon between the
owner of the vehicle and the contractor.
-3-
SECTION 19-204. Insurance Re uirements Each referral
towing service operator granted a permit hereunder shall comply
with the following insurance requirements:
(1) Each referral towing company shall furnish the
City a policy or certificate of liability insurance in
which the City is named insured or is named as an additional
insured with the contractor. The insurance hereunder is
primary and shall be non-contributory 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. Each towing company shall maintain these policies
and shall maintain the following insurance in amounts not
less than those specified below:
A. Workers' compensation and employer's liability
in accordance with applicable law.
B. Comprehensive General Liability:
1. Bodily injury liability in the amount of
$500,000 for each person in any one
accident and $1,000,000 for injuries
sustained by two or mcre persons in
any one accident,
2. Property damage liability in the amount
of $100,000 for each accident and $500,000
aggregate for each year of the policy.
C. Comprehensive Automobile Liability:
1. Bodily injury liability coverage of
$500,000 for each person in one accident,
and $1,000,000 for injuries in any one
accident.
2. Property damage liability of $500,000
for each accident.
The City shall be notified by certified mail not less than
30 days before expiration or cancellation of said policies in
effect.
SECTION 19-205. Records. Referral tow service and storage
garage operators shall maintain records of all impounded and stored
vehicles ordered by the Sheriff's Department at their places of
business. Such records shall be available to police officers and
the License Collector or his authorized representatives only. These
records must be retained for at least two years. The records to be
maintained should include but are not limited to the following:
(1) CHP Form 180, Report of Impounded Vehicles;
(2) CHP Form 126, Report of Notification of Impound;
-4-
(3) Copies of registered letter to vehicle owner;
(4) Inventory list of personal property in impound
and stored vehicles; and
(5) Charge sheets listing tow charges and storage
fees of each individual vehicle and when possible containing
the owners release signature.
SECTION 19-207. Scene of Accident. When a tow truck has
been dispatcl-,ed to the scene of an accident or to a vehicle which
has been impounded by the Sheriff's Department, the tow truck
operators shall coo pc=_rate with the police officer in removing
hazards and illegally parked vehicles off the street.
SECTION 19-208. Record Lo The referral tow service and
storage garage operators shall keep a record log showing the
time and elate that they receive each and every call from the
Sheriff's Department.
SECTION 19-209. Vehicle Release. No work or contract shall
be entered into between the 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.
SECTION 19-210. Ri hts of Vehicle Owner. The right of
any vehicle owner involved in a traffic co 1.Li.sion to call for
traffic 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 referral tow service and storage
garage, such services and charges related thereto shall be the
responsibility of the Contractor and owner of the vehicle.
SECTION 19-211. vehicle Responsibility. The tow service
and storage garage operator, upon signing CHP Form No.. 180,
Report of Impounded Vehicle, assumes full responsibilic~ for
the vehicle and its contents on each impound.
SECTION 19-212. Display of Signs. Except as otherwise
provided, a tow service and storage garage operator shall not
display any signs or advertising materials which indicate that
his is an official towing service or police garage of the City
without having received the prior written permission of the City
Manager.
SECTION 19-213. Inspection of Facilities. The City reserves
the right to inspect the facilities, equipment, and premises of
the permittees hereunder at any time during the life of this per-
mit in order to ensure that all terms and conditions of this Code
are being satisfactorily met and complied with.
SECTION 19-214. Power to Revoke or Suspend. Permits pro-
vided for in this section may be granted, denied, revoked, sus-
pended or cancelled whenever in the exercise of reasonable and
sound discretion, the City Council determines that the provisions
of this chapter have not been complied with or that the permittee
is not a fit or proper person to operate a City referral towing
service.
-5-
SECTION 19-215. Violation Unlawful It shall be unlawful
for any person to violate any of the sections or provisions of
this ordinance.
SECTION 2. If any section, subsection, subdivision, sentence,
clause, phrase, or portion of this ordinance, or the application
thereof to any person or place, is for any reason held to be
invalid or unconstitutional by the decision of any court of com-
petent jurisdiction, such decision shall not affect the validity
of the remaining portions of this ordinance or its application
to other persons or places. The City Council hereby declares
that it would have adopted this ordinance, and each section,
subsection, subdivision, sentence, clause, phrase or portion
thereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, phrases, or
portions, or the application thereof to any person or place,
be declared invalid or unconstitutional.
SECTION 3. The City Clerk hereby is authorized and directed
to cause a copy of this ordinance to be published in the LYNWOOD
PRESS, a newspaper of general circulation in the City, within
fifteen (15) days after the adoption hereof.
SECTION 4. The City Clerk shall certify to the passage and
adoption of this ordinance and to its approval by the City
Council and shall cause the same to be published in accordance
with the City Charter; and thirty days from the final passage
and adoption, this ordinance shall be in full force and effect.
First read at an adjourned regular meeting of the City
Council of said City held on the 23rd day of June, 1978, and
finally adopted and ordered published at an adjourned regular
meeting of said Council held on the 29 day of June, 1978 by the
following vote:
AYES: COUNCILMEN BYORK, MORRIS, ROATE, HiGGINS.
NOES: COUNCILMEN NONE.
ABSENT: COUNCILMEN GREEN.
~GEORGE~W. HLGGINS%
Mayor of the City of Lynwood
ATTEST:
City Clerk. '
~r~•
-6-
STATE OF CALIFORNIA )
ss.:
COUNTY OF LOS ANGELES )
1, the undersigned, City Clerk of the. City of
Lynwood, and ex~-officio clerk of the Council of said City,
do hereby certify that the above is a true and correct copy
of Ordinance No. 104 0 adopted by the City Council of they
City of Lynwood, and that same was passed on the date and
by the vote therein stated.
Dated this 6th day of July g
197'
City Clerk, City of"Lynwood c~t~