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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~