Ordinance 1189 - REGULATING TOW TRUCK OPERATIONSX � � 쀀 셔✹ᚋǑȀ耀 <0016FC1F.TIF X � � 쁘 ✹ᚋǑȀ耀 <0016FC1F.TXT X � � 산 ✹ᚋǑȀ耀 <0016FC20.LOC X � � 섈 ✹ᚋǑȀ耀 <0016FC20.TIF X � � 셠 ཱུ✺ᚋǑȀ耀 <0016FC20.TXT X � � 솸 ཱུ✺ᚋǑȀ耀 <0016FC21.LOC X � � 숐 ཱུ✺ᚋǑȀ耀 <0016FC21.TIF X � � 쉨 㚏✺ᚋǑȀ耀 <0016FC21.TXT X � � 싀 㚏✺ᚋǑȀ耀 <0016FC22.LOC X � � 쌘 嶝✺ᚋǑȀ耀 <0016FC22.TIF X � � 썰 嶝✺ᚋǑȀ耀 <0016FC22.TXT X � � 쏈 嶝✺ᚋǑȀ耀 <0016FC23.LOC X � � 쐠 蒧✺ᚋǑȀ耀 <0016FC23.TIF X � � 쑸 蒧✺ᚋǑȀ耀 <0016FC23.TXT X � � 쓐 ꮽ✺ᚋǑȀ耀 <0016FC24.LOC X � � 씨 ꮽ✺ᚋǑȀ耀 <0016FC24.TIF X � � 얀 ꮽ✺ᚋǑȀ耀 <0016FC24.TXT X � � 엘 틏✺ᚋǑȀ耀 <0016FC25.LOC X � � 옰 틏✺ᚋǑȀ耀 <0016FC25.TIF X � � 욈 틏✺ᚋǑȀ耀 <0016FC25.TXT X � � 웠 吏✺ᚋǑȀ耀 <0016FC26.LOC X � � 윸 吏✺ᚋǑȀ耀 <0016FC26.TIF X � � 자 ⃰✻ᚋǑȀ耀 <0016FC26.TXT X � � 쟨 ⃰✻ᚋǑȀ耀 <0016FC27.LOC X � � 졀 䠆✻ᚋǑȀ耀 <0016FC27.TIF X � � 좘 䠆✻ᚋǑȀ耀 <0016FC27.TXT X � � 죰 䠆✻ᚋǑȀ耀 <0016FC28.LOC X � � 쥈
responding to a call to tow a motor vehicle.
SEC. 30.070 Tow Driver's Permit Tow driver's permit is a permit
issued under the provisions of this Chapter 30 to drive a tow truck.
SEC. 30.080 Tow Business Permit Required No person shall conduct
a tow business which has an office, base for operation of any tow
truck, or storage premises in the Town, nor shall any person tow a
motor vehicle from any place in the Town either under the provisions
of Vehicle Code section 22658 or in the capacity of or acting for a
repossessor of the vehicle, unless that person has a tow business permit.
SEC. 30.090 Tow Driver's Permit Required No person shall act as
a tow driver in the Town under circumstances where his employer, or
he, as proprietor, is required to have a tow business permit, unless
that person has a tow driver's permit.
SEC. 30.100 Applications for Tow Business Permits Applications
for tow business permits shall be filed with the Chief of Police
(the Chief may prescribe a form for the application) and shall contain
the following information:
1. The name and residence and business addresses of the
applicant.
2. The name under which the business is to be conducted.
3. The number, names and addresses of all employees of the
business and the nature of their employment.
4. The location of all offices, bases for operations of tow
trucks and storage facilities of the business, and the
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11/18/74 Rev.
proposed hours of availability of the tow truck service.
5. A description of the storage facility that will be
used in the business, including its dimensions, and
the number of vehicle spaces and nature of security
measures.
6. A complete description of each tow truck that will be
used in the business and the name and address of the
registered and legal owner of each.
7. The business address where the applicant has engaged
in or has been employed in any motor vehicle-related
business within the previous seven years, and the names
and present addresses of all principals in such business
or an explanation of why such names and addresses are
not known to, and cannot reasonably be ascertained by
the applicant.
8. A statement of all felonies and misdemeanors of which
the applicant has been convicted, including dates when
and jurisdictions where such convictions occurred.
9. Any other information reasonably related to performance
as operator of a tow business, as the Chief of Police
requires.
When the applicant is a partnership, the foregoing information shall
be given for each partner. When the applicant is a corporation,
the foregoing information shall be given for each officer, director,
Isla
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ascertained by the applicant.
4e A statement of all felonies and misdemeanors of which
the applicant has been convicted, including dates when
and jurisdictions where any convictions occurred®
5m Any other information reasonably related to performance
as a driver of a tow truck, as the Chief of Police
requires.
SEC. 30.120 Investigations Upon receiving applications for tow
business permits and tow drivers' permits the Chief of Police shall
investigate the applicant's background to determine whether the
applicant is a person who is competent to conduct a tow business
or drive a tow truck in a careful and skilled manner, without
undue risk to the public of economic oppression, property damage
or loss, or breaches of the peaces
SEC. 30.130
Action on Applications The Chief of Police shall
grant or deny applications within 30 days of filing. If the Chief
of Police denies an application, he shall notify the applicant in
writing within five days of the denial® The notification shall
state the reason for denial and shall be addressed to the business
address given in the application. Following are grounds for denial
of applications for tow business permits and tow drivers' permits:
to The applicant's lack of ability and knowledge, tow
truck equipment or facilities reasonably necessary
to operate a tow business in such a manner as to move
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11/18/74 Rev.
and protect vehicles that are towed and stored in a
way that will prevent damage, theft or other loss.
2. A pattern of use by the applicant of alcohol or other
drugs in a manner likely to interfere with tow operations
or the conduct of a tow business.
3. A suspension, revocation or imposition of probation by
the Department of Motor Vehicles of California or any
other state within the three years preceding the date
of application, for cause involving - the safe operation
of a motor vehicle, or with the same period, conviction
in any jurisdiction of any of the offenses commonly
known as hit and run, driving under the influence, or
reckless driving involving bodily injury.
4. Convictions of moving violations under the provisions
of the Vehicle Code so that at the time of application
the applicant is prima facie presumed to be a negligent
operator under the provisions of Vehicle Code section
12810, or convictions under the laws of another state
which would provide a basis for the section 12810
presumption if the convictions had occurred in California.
5. Either conviction of theft, or any crime punishable as
a felony in California when the crime is of a sort that
indicates unfitness to conduct a tow business, such as
offenses involving dishonest or assaultive conduct, when
W
the conviction occurred within the five years immediately
preceding the date of application.
6. A history of conducting or participating in - the conduct
of a tow business or business principally involving
motor vehicles in such a way as to show a pattern of
negligence, unduly delayed service, dishonesty, fraud,
oppression, or failure to comply with the provisions
of Vehicle Code section 22658 or any other statute or
ordinance designed for the regulation of tow businesses.
7. Failure to provide the facilities and equipment required
by this ordinance.
In considering applications for tow drivers' permits, the Chief
of Police shall use the foregoing standards but omit from consideration
those provisions concerning possession of equipment and business
knowledge (but not practical skills) that are primarily related to
determining the ability of an applicant to operate and administer
a tow business.
SEC. 30.140 Appeals Any person whose application is denied
by the Chief of Police has the right of appeal to the Town Council.
A notice of appeal must be filed with the Town Clerk within 10
days of the date of mailing of the notice of denial. The appeal
shall be heard as a hearing de novo, by the Town Council within
30 days from the filing of the notice of appeal. The Council may
overrule or affirm the Chief of Police's denial, and if it overrules
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the denial, the Chief shall issue the permit.
SEC. 30.150 Business and Storage Requirements Each tow operator
must have adequate space to park a minimum of 20 automobiles in
a secure area, and shall take all reasonable precautions to safeguard
vehicles and other property in his care. The minimum standard
for security is a six foot fence or wall, so constructed as to be
difficult to climb and to screen the storage area from view, or
the substantial equivalent, with locked gates providing security
equal to that of the fence or wall, and with the interior lighted
at night. Whenever circumstances such as the isolation of the
storage area indicate the need, and whenever vehicles stored in
a previously approved storage area have been subjected to a high
incidence of theft or vandalism, the Chief of Police may impose
additional security requirements.
SEC. 30.1 Level of Service Storage At the same location as
the storage area, each tow business shall have a readily identifiable
office for the conduct of business with the public. The tow operator
shall provide 24 hour telephone answering service every day, and
during the hours from 7 :00 aim. to 7 :00 p.m. every day shall have
a person present at the storage area to release towed vehicles
immediately on proper request and offer of payment. During all
other hours the tow operator shall release vehicles within one hour
of a telephoned request to do so, and the premises shall be posted
with a sign clearly indicating the manner of obtaining after -hours
11/18/74 Rev.
releases, the telephone number to call and the obligation of the
tow operator to comply with proper requests, when payment is made,
within one hour, citing this ordinance.
SEC. 30.170 Level of Service, Tows. Tow service shall be provided
promptly, taking into account the commitment of equipment to prior
tows, on a 24 hour basis every day. At any time when a tow truck
is answering a call for service or towing a vehicle, the tow
operator shall have a radio dispatcher on standby to communicate
with the driver of the tow truck.
SEC. 30.180 Police Rotation Tow Service The Chief of Police
shall maintain a list of tow operators to call to move and store
motor vehicles in accident, arrest, disabled vehicle and similar
cases, and shall establish reasonable rules for the creation and
use of the list, the addition to and removal of names from the
list, and the qualifications and supervision of the tow operators
on the list. Such rules shall include, but are not limited to
requirements that:
1. Each tow operator shall provide, within a building,
space for storing two automobiles so that the storage
area can be secured so that no person (including
employees of the tow business) can gain access except
Los Gatos policemen.
2. Tow trucks shall be operated from a location that
allows prompt emergency response throughout the Town.
'M%�
3. The storage area shall be at a location that is
convenient for the inhabitants of the Town.
4. The tow operator's liability insurance policy shall
contain a provision insuring the Town, its officers and
employees, against liability arising out of any
occurrence caused by the act or omission of the opera for
or his agents in the inception or conduct of a police
rotation tow, or storage of a vehicle or other property
subsequent thereto, with a certificate of such
insurance containing a notice of cancellation clause
to be provided to the Town.
SEC. 30.190
Suspensions and Revocation, Grounds The Chief of
Police may suspend or revoke any tow business or tow driver's
permit on any of the following grounds whether the acts or events
listed occur in the Town or elsewhere:
1. Conviction of a felony while the permit is in effect.
2. Operation of a tow truck while under the influence of
alcohol or any drug, or under the combined influence
of alcohol and any drug.
3. Convictions of moving violations under the provisions
of the Vehicle Code so that at the time of application
the permittee is prima facie presumed to be a negligent
operator under the provisions of Vehicle Code section
12810, or convictions under the laws of another state
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which would provide a basis for the section 12810
presumption if the convictions had occurred in California.
4. Theft of any property entrusted to a tow operator.
5. Conviction of any theft while the permit is in effect.
6. Charging or attempting to charge for services to which
he is not entitled, or in any amount in excess of the
rates established under the provisions of this article.
7. Claiming the existence of or asserting any lien to which
he is not entitled.
8. Unauthorized or illegal removal or storage of any
vehicle, including but not limited to failure to take
vehicles removed from private property to the nearest
public garage, and failure to comply with the provisions
of this Chapter 30.
9. Repeated acts of negligence in conducting the tow business
or wilful misconduct, resulting in damage to vehicles
or loss of property in any phase of towing or storage.
10. Failure to satisfy any judgment in an action or proceeding
arising out of tow business activities.
11. Failure to insure as provided in this Chapter 30.
12. Conviction of any crime involving assault by a tow
operator, his agent or employee, against the owner of
or person entitled to possession of a hooked-up, towed or
stored vehicle, or against the companion of such person.
_11m
13. Unlawful fighting or
words or performance
inherently likely to
any of the foregoing
a tow business.
14. Wilfully including a
challenging, or use of offensive
of acts, either of which are
provoke a violent reaction, when
conduct occurs in the course of
a untrue statement or making an
omission of fact from an application for a tow operator's
permit or a tow driver's permit, when a true or full
statement of the facts could have resulted in denial of
the application.
15. Failure to report vehicle removals or tows as required
by law, and by this Chapter 30.
16. Failure to report agreements with owners or persons in
possession of real property for removal of motor vehicles
of others from such property.
17. Employing or retaining in employment as a tow driver
any person who does not have a tow driver's permit, or
whose permit is suspended at that time.
18. Any act which would be grounds for denial of a tow
business permit or a tow driver's permit.
In determining whether to impose a suspension or revocation, and
the proper duration of a suspension, the Chief of Police shall
consider whether the permittee has received prior warnings or
suspensions concerning violations of the provisions of this
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Chapter 30, the extent of the hazard to the public, all mitigating
factors, and whether the permittee has shown a pattern of improper
conduct in the tow business.
SEC. 30.200 Suspension and Revocation, Procedure Before
suspending or revoking a tow business permit or a tow driver's
permit the Chief of Police shall conduct an informal hearing.
The permittee shall be notified in writing, hand delivered or
mailed to the business address of the permittee as shown in his
application of the time and place of the hearing, shall be
informed of the facts on which the Chief of Police might order
the suspension or revocation, and shall be given the opportunity
to appear and to present evidence on his own behalf. The hearing
shall be held no less than five days, in the case of hand delivery,
or seven days, in the case of mailing, from the date of delivery
or mailing, and no more than 15 days from the date of delivery
or mailing.
SEC. 30.210 Suspensions and Revocation, Appeals Decisions of
- the Chief of Police to suspend or revoke a permit are appealable
and reviewable in the same manner as decisions to deny an
application, as provided in section 30.180.
SEC. 30.220 Rotation List Procedures Frequently, rotation
tows result from emergencies, and occur in situations where motor
vehicle operators do not exercise choice concerning the identity
of the tow operator summoned to render aid. For this reason, the
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Chief of Police, in establishing regulations for administration
of the rotation list need not follow the procedures prescribed
in sections 30.190 and 30.200, and may prescribe in other areas,
such as equipment and response, standards more rigid than those
of this Chapter 30.
SEC. 30.230. Insurance Before issuance of any tow operator's
permit, and throughout the effective period of such permit, the
applicant or permittee shall ]peep in effect policies of public
liability, fire, casualty and theft insurance, insuring his
liability and the interests of those who entrust property to him.
The policies' limits shall be at least $300,000 each person and
$500,000 each occurrence for personal injury, and $50,000 each
occurrence for other losses.
SEC. 30.240 Rates The Town Council may, by resolution,
establish maximum rates for all services to be charged by tow
operators, either those whose places of business are in the Town
or for all services rendered in the course of tow business
performed in the Town by tow operators whose place of business is
outside the Town, and for towing and storage outside the Town
when the tow involved commenced in the Town.
SEC, 30.250 Rate Hearing, Standards and Posting Tow business
rates shall be established only after a public hearing. Notice
of the hearing shall be given in the manner provided in Government
Code section 6063, and by notices mailed to each holder of a tow
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business permit at least 30 days before the hearing. Rates
established by the Town Council shall provide a reasonable return
to tow business operators, and shall become effective 10 days
after adoption of the resolution. A copy of any rate schedule
so adopted must be conspicuously posted in the office of any
tow operator who does towing business in the Town and in the cab
of each tow truck operated in the Town by the tow operator,
available for examination by every customer on request.
SEC. 30.260 Tow Trucks No holder of a tow business permit
shall operate a tow truck in the Town unless the truck has been
inspected and approved by the Chief of Police and is:
1. At least three - quarters ton in size, equipped with
booster brakes,
2. Equipped with a power winch and line with a factory -
rated or Town - tested capacity (single line) of at
least 5,000 pounds,
3. Carries a two -way radio, tow bars, safety chains,
fire extinguisher, wrecking bars, brooms and an axe,
and is
4. Equipped in all respects as required by State Law,
including Vehicle Code sections 25253 - 25255, 25302
(lighting), 27700 (equipment in general), and 27907
(signs).
SEC. 30.270 Supplemental Rules The Chief of Police may adopt
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rules and regulations to supplement this Chapter 30, and all
tow operators and drivers shall abide by such rules.
SEC. 30,280. Inspections The premises, equipment and records
of every tow business in the Town, and every tow business whose
operator holds a tow business permit shall be subject to
inspection by the Chief of Police.
SEC. 30.290 Logs and Records Every tow operator who holds a
tow business permit shall keep a log of every call for service,
including the time of the call, the identity of the recipient
of the call and the tow driver, the time of response, the
identification of the caller and the vehicle, the service rendered
and the time of storage, and shall keep additional records of
all storage and other service rendered, and of all fees charged.
SEC. 30.300 Storage Charges All storage charges shall be
based on a 24 hour day commencing at the time of hookup, but no
storage charge shall be made if proper request for release of a
vehicle and tender of payment is made within two hours of the
time of hookup.
SEC. 30.310 Permit Expiration and Renewal All permits issued
under the provisions of this Chapter 30: shall be issued with a
June 30 expiration date, shall be effective for not more than
one year, and shall be renewable in the manner provided for
issuance of original permits. Any permits issued under prior
ordinances that do not have earlier expiration dates shall
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expire June 30, 1975, and all provisions of this ordinance
concerning regulation of issued permits apply to them.
SEC. 30.320 Towing Authorization and Notice Any person who
wishes to tow any motor vehicle from any place in the Town or to
any place in the Town, either under the provisions of Vehicle
Code section 22658 or acting for a repossessor of the vehicle
shall not do so unless such person has a written contract to do
so with
1. The owner or person in lawful possession of the real
property from which the vehicle is to be removed
(in the case of Vehicle Code section 22658 tows),
containing an exact description of the premises
involved, or
2. With the repossessor (in the case of repossession tows),
and identifying the parties to the contract and stating their
addresses.
SEC. 30.33 fae legation . The Chief of Police may delegate to
a member of his department any authority granted him in this
Chapter 30.
SEC. 30.340 Exemption This Chapter 30 does not apply to
governmental agencies nor their officers and agents, acting
as such.
SEC. 30.350 Other Ordinances. Compliance with this article
is not a substitute for compliance with all other Town
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11/18/74 Rev.
ordinances, including those pertaining to zoning and business
licenses.
THIS ORDINANCE SHALL TAKE EFFECT and shall be in force thirty
(30) days after the date of its adoption. The Town Clerk of the
Town of Los Gatos shall cause this Ordinance to be published once
within fifteen (15) days after its adoption, in the Los Gatos Times-
Saratoga Observer, a newspaper of general circulation, published
and circulated in the Town of Los Gatos.
The above and foregoing Ordinance was duly and regularly
introduced at a regula�r meeting of the Town Council of the
Town of Los Gatos held on the 18th day of November , 1974.
PASSED AND ADOPTED as an Ordinance of the Town of Los Gatos,
California, at a regular meeting of the Town Council, held on the
]6th day of December
1974, by the following vote:
AYES: COUNCILMEN Ruth Cannon
Mark B. DiDuca
Egon Jensen
Albert B. Smith
John B Lochner
NOES: COUNCILMEN None
ABSENT: COUNCILMEN None
SIGNED:
MAy6A
OF THE
TOWN LOS GATOS
ATTEST •
CLERK - 0 THE TOWN LOS ATOS