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HomeMy WebLinkAboutNS-1616ORDINANCE NO. NS-1616 AN ORDINANCE OF THE CITY OF SANTA ANA ADDING SECTIONS 32-81 THROUGH 32-108 OF THE SANTA ANA MUNICIPAL CODE RELATING TO REGULATION OF TOW TRUCK BUSINESSES AND OPERATIONS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the Santa Ana Municipal Code, is hereby amended by adding Article IV to Chapter 32, consisting of Sections numbered 32-81 through 32-108, inclusive, which said Article reads as follows: ARTICLE IV. TOW TRUCKS 32-81. Towin~ operation defined. As used in this article "towing operation" means the activity of towing vehicles for compensation within the City of Santa Ana. Towing operation includes the storing of vehicles and all other services performed incident to towing. The provisions of this article shall not apply to any towing operation: (a) That provides tow service exclusively to members of an association, automobile club or similar organization, and receives remuneration only from the sponsoring association, automobile club or similar organization; (b) That provides tow service without charge or fee for other vehicles owned or operated by the individual or organiza- tion furnishing tow service; (c) That provides tow service for other vehicles owned or operated by the individual or organization furnishing the tow service, but which are being operated under terms of a rent or lease agreement or contract, and such towing is per- formed on a nonprofit basis or said fee is a part of the rent or lease agreement or contract; (d) That, being located in another city, enters the City of Santa Ana on a nonemergency towing assignment for the purpose of towing a disabled vehicle back to said city for repair. A nonemergency towing assignment includes towing of vehicles that have been involved in a collision, but have been removed from the scene; that have experienced mechanical failure, but have been removed from the roadway and no longer constitute a hazard; or that, being mechanically operative, are towed for convenience. All nonemergency towing assignments require authorization from the registered owner, legal owner, driver, or other person in control of such vehicle. Persons soliciting for such non- emergency towing assignments within the city shall be deemed to come within the provisions of this article and are required to have a permit as provided herein. 32-82 Permit required. No person shall engage in, manage, conduct or operate a towing operation business without a written permit from the chief of police. 32-83 Application for ~ermit--Fee. An application for a permit shall be filed with the chief of police on forms fur- nished by him, shall be accompanied by a fee in an amount estab- lished by resolution of the city council, and shall contain the following information: ORDINANCE NO. NS-1616 PAGE TWO (a) The name, date of birth, driver's license number, business and residence address of the applicant, if a natural person; or if a corporation, its name, date and place of incorp- oration, address of its principal officers, together with their respective residence addresses; or if a partnership, associa- tion or unincorporated company, the names of the partners, or of the persons comprising such association or company, and the business and residence of each partner or person; (b) A description of each tow truck or other vehicle pro- posed to be used by the applicant, together with engine identifi- cation numbers and state vehicle license numbers thereon; (c) The names, date of birth, addresses and driver's license numbers of all tow truck operators employed by the applicant; (d) The business, occupation, or employment history of the applicant for three (3) years immediately preceding the date of the application, including, if applicable, the business license and permit history while operating as a tow service; (e) Ail criminal convictions or proceedings in which a plea of guilty or nolo contendere was entered, including vehicle code violations; (f) Such other indentification and information as the chief of police deems necessary to carry out the purposes of this article. 32-84 Denial of ~ermit. The chief of police, or his authorized representative, within thirty (30) days from the date of application or longer upon a showing of good cause, shall cause an investigation of the applicant, and the applica- tion for a permit may be denied on any of the following grounds: (a) The applicant is unfit to be trusted with the privi- leges granted by such permit, or has a bad moral character, intemperate habits or a bad reputation for truth, honesty or integrity;. (b) The applicant is a person under the age of eighteen (18) years; (c) The applicant, his agent or employee, or any person connected or associated with the applicant as partner, direc- tor, officer, stockholder, associate, or manager has committed or aided or abetted in the commission of any act or act of omission which if committed by a permittee would be grounds for suspension or revocation of a permit; or (d) The applicant, his agent or employee, or any person connected or associated with the applicant as partner, director, officer, stockholder, associate or manager has been refused a permit or had a permit revoked or has been an officer, director, member, partner or manager of any person who has been refused a permit or had a permit revoked. 32-85 Notice of denial. The chief of police, or his authorized representative, shall notify the applicant of his intention to deny an application for a permit. Service of such notice shall be made personally or by United States mail. The notice shall include the reasons for denial and be accompanied by a statement that the applicant may appeal such denial in accordance with the provisions of Chapter 3 of this code. ORDINANCE NO. NS- 1616 PAGE THREE 32-86 Permit suspension or revocation. The chief of police may, in his discretion or upon the verified complaint in writing of any person, investigate the actions of any per- mittee and may temporarily suspend for a period not exceeding one (1) year or revoke the permit of any permittee who commits any one or more of the acts or omissions constituting grounds for suspension or revocation as provided by this article. Written notice by United States mail shall be furnished the per- mittee who, within ten (10) days after receipt of notice of suspension or revocation, may request a hearing before the chief of police, or his designee. 32-87 Suspension or revocation - grounds for. It shall be grounds for suspension or revocation of a permit if any per- mittee, his agent or employee or any person connected or asso- ciated with the permittee as partner, director, officer, stock- holder, general manager, or person who is exercising managerial authority of or on behalf of the permittee has: (a) Knowingly made any false, misleading or fraudulent statement of a material fact in an application for a permit, or in any report or record required to be filed with the police department; or (b) Violated any provision of this chapter or of any statute relating to his permitted activity; or (c) Failed to obtain a current, valid license to do business in the city; or (d) Been convicted of a felony or any crime involving theft or embezzlement; or (e) Committed any act constituting dishonesty or fraud; or or or (f) Committed any unlawful, false, fraudulent, deceptive dangerous act while conducting a towing operation business; (g) Published, uttered or disseminated any false, decep- tive or misleading statements or advertisements in connection with the operation of the towing service; or (h) Violated any rule or regulation adopted by the city council relating to permittee's business; or (i) Wilfully failed to comply with the terms tract made as a part of the exercise of the towing or of any con- operation; (j) Conducted the towing operation in a manner contrary to the peace, health, safety and general welfare of the public; or (k) Demonstrated that he is unfit to be trusted with the privileges granted by such permit. 32-88 Suspension or revocation - Additional grounds. The following acts committed by a permittee hereunder shall be additional grounds for the suspension or revocation of a permit: (a) The permittee, his agents or employees, obtained a tow contract by use of fraud, trick, dishonesty or forgery; or (b) The permittee, his agents or employees, stopped and solicited on any street, highway or other public thoroughfare ORDINANCE NO. NS- 1616 PAGE FOUR the rendering of assistance to a person or disabled vehicle without first being requested to do so except to render emergency aid when there exists an imminent peril to life or property; or (c) The permittee, his agents or employees, towed a vehicle to a location other than listed as the business address of such permittee without first receiving authorization to do so by the person authorizing the tow; or (d) The permittee, his agents or employees, after towing a vehicle to the business location of permittee, without au- thorization, towed such vehicle to another location for storage; or (e) The permittee, his agents or employees, have conspired with any person to defraud any owner of any vehicle, or any in- surance company, or any other person financially interested in the cost of the towing or storage of any vehicle, by making false or deceptive statements relating to the towing or storage of any vehicle; or (f) The permittee, his agents or employees, removed a vehicle involved in a collision prior to arrival of police, and a person, as a result of such collision, suffered death or in- jury; or the driver of an involved vehicle, or a party to such collision, was under the influence of an intoxicant of any nature; or there is evidence that such vehicle was involved in a hit-and-run collision; or (g) The permittee, his agents or employees, have charged for services not performed, equipment not employed or used, services or equipment not needed, or have otherwise materially misstated the nature of any service performed or equipment used. 32-89 Suspension or revocation - Hearing. Upon receipt of a request for hearing by permittee, as provided in this article the chief of police, or his designee, shall notify permittee by United States mail of the time and place of such hearing. At the conclusion of such hearing, the chief of police, or his designee, may render a decision which shall become effec- tive immediately; or in the alternative, the chief of police, or his designee, may elect to render a written decision which shall be furnished the permittee by United States mail not less than two (2) working days following the conclusion of the hearing. Such written decision shall become effective two (2) working days after the date of mailing of the notice. The decision of the chief of police, or his designee, may be appealed in accordance with the provisions of Chapter 3 of this code, and the permittee shall have the burden of proving that the decision rendered by the chief of police, or his designee, was unreasonable, erroneous or a clear abuse of discretion. 32-90 New A~lication after denial or revocation. When the permit of any person is revoked for cause, no new or other application for a permit from the same person shall be accepted within one (1) year after such revocation. When an application for a permit is denied for cause, no new or other application for a permit from the same person shall be accepted within one (1) year after denial unless the applicant can show a material change in his situation which would justify the issuance of such permit. ORDINANCE NO. NS- 1616 PAGE FIVE 32-91 Insurance required. Before an application for a permit to operate a towing operation will be received or acted upon, the applicant must furnish the chief of police, or his designee, satisfactory evidence of insurance in minimum amounts as established by resolution of the city council issued by an insurance company authorized to do business in this state. 32-92 Business location. Any person conducting a towing operation business shall maintain a physical location from which said business is conducted. Such physical location shall provide an office with an adjacent yard for vehicle storage. Such location shall be approved by the chief of police, or his designee, prior to the permit being issued. 32-93 Towin~ authorization. A permittee shall not attach a vehicle to a tow unit without first receiving written author- ization to do so by the registered owner, legal owner, driver, or other person in control of said vehicle. Such authorization shall list the services offered and the rates and charges re- quired therefor. A copy of such authorization shall be furnish- ed to the person authorizing the tow. Such copy shall list the name, address and telephone number of the towing operation business and the days and hours the business is open for release of vehicles. Such copy shall also be signed by the tow unit operator performing the authorized service. 32-94 Removal from private pro~ert~ - Notification. It is the responsibility of the permlttee and his tow truck operator to ensure that the Santa Ana police department is notified by the owner or person in lawful possession of the private property pursuant to California Vehicle Code Section 22658 prior to the tow truck operator removing any illegally parked vehicle. The tow truck operator, when authorized by the owner or person in possession of the private property, shall notify the Santa Ana police department on behalf of the owner or person in possession of the private property. 32-95 Itemized statement - when required. A permittee hereunder shall furnish an itemized statement to the person authorizing the towing service, or his agent. Such permittee shall furnish an itemized statement of services performed, labor and special equipment used in completing tow of the vehicle and of the charges made therefor upon the request of: (a) The registered owner; or (b) The legal owner; or (c) The insurance carrier of either (a) or (b); or (d) The duly authorized agent of any of the foregoing. Such permittee shall furnish a copy of the statement to any person authorized to receive the statement without demand- ing payment as a condition precedent. 32-96 Vehicle repair or alteration - When permitted. No permittee shall make any repairs or alterations to a vehicle without first being authorized by (a) the registered owner, or (b) the legal owner, or (c) the insurance agent of either (a) or (b); or (d) the authorized agent of any of the foregoing. Parts or accessories shall not be removed from the vehicle without authorization except as necessary for security purposes. Under such circumstances, the parts or accessories removed shall be listed on the itemized statement and stored in the business office. This section shall not be construed as prohibiting permittees from making emergency alterations necessary to permit the removal by towing of such vehicle. 32-97 Release of vehicle. Permittees shall provide for release of vehicles Monday through Friday from 9 a.m. to 4 p.m. ORDINANCE NO. NS-1616 PAGE SIX excluding officially recognized holidays. Permittees may ad- ditionally release vehicles on other days and hours. Upon application to the chief of police, or his designee, and a showing of hardship by the permittee, an adjustment in the days and hours during which vehicles may be released may be made. Permittee shall not refuse to relinquish possession or control of a vehicle to its lawful owner, or to the agent of the lawful owner as evidenced by keys which operate said veh- icle and by the statement and driver's license of said agent, where said vehicle has been seized as a private property im- pound and where such vehicle has not yet been removed to a garage as required by California Vehicle Code Section 22851, for lien purposes. For the purpose of this section, a vehicle is removed to a garage when it is physically present in such garage, Conditioning the release of a vehicle not yet removed to a garage upon payment of a charge or "let-down fee" shall be deemed to be a refusal to relinquish posession or control. 32-98 Rates and charges - Signs - Change of. (a) Per- mittees shall maintain a sign listing the rates and charges of all services offered. Such sign shall be conspicuously placed in the office or other place where customer financial trans- actions take place. The letters on such sign shall be a min- imum of one (1) inch high with one quarter inch stroke. The letters shall be a contrasting color from the background. (b) Applicants for towing operation permits shall file a schedule of rates and charges for each service offered with the police department. No charge other than the rates and charges specified in such schedule shall be made except as herein provided. Changes in rates and charges shall be made by written notice containing the new schedule of rates and charges to the police department at least ten (10) days prior to becoming effective. A duplicate copy of such notice shall be posted for a period of ten (10) days in the office of the towing opera- tion business next to the posted schedule of existing rates and charges. 32-99 Tow Car operators - Permit required. (a) No person shall operate or drive a tow car as defined in California Vehicle Code Section 615 without a written permit from the chief of police. (b) No person shall be employed as a tow car operator until such time as said person has received a written permit from the chief of police to act as a tow car operator. 32-100 Tow car o~erators - Identification card. Every person directly engaged in the operation of a tow car shall carry on his or her person at all times while so engaged, an identification card, issued by the police department, identify- ing the bearer as a tow car operator, and shall display such card to any police officer upon request. The identification card shall bear the name, physical description, business address, and photograph of the permittee, and the name and address of the garage employing the permittee. The identification card shall be returned to the police department immediately upon suspension, revocation or termina- tion of employment. ORDINANCE NO. NS- 1616 PAGE SEVEN 32-101 Permits - Nontransferable. Permits shall not be transferable except as hereinafter provided. 32-102 Change of ownership. When a towing operation for which a permit has been issued is sold or transferred to one of the transferees listed in this section, the chief of police, or his designate, may endorse a change of ownership on such permit upon written application by the transferee. Only the following transferees or successors shall be entitled to such transfer of permit: (a) Duly qualified representatives of permittees regular- ly appointed by courts of competent jurisdiction, assignees for the benefit of creditors, and spouses or children of deceased permittees. (b) The surviving partner or partners of a dissolved partnership. (c) decessor members. A new partnership consisting of the members of a pre- partnership, plus their spouse or spouses of any such (d) A new corporation organized and controlled by an individual or unincorporated permittee for the purpose of acquir- ing, and which has acquired the assets of the business previously owned and operated by such permittee. (e) Upon dissolution of a closely held corporation, the stockholders to whom the assets are distributed. 32-103 Change of Ownership - A~lication fee. A trans- feree or successor entitled to a transfer of permit must file an application for such transfer with the chief of police with- in thirty (30) days after he assumes control of the towing opera- tion. The chief of police may require such evidence of the transfer of ownership or control as he deems necessary. A fee equal to twenty percent (20%) of the original fee for the permit shall accompany the application. 32-104 Change of ownership - Action on. The chief of police shall transfer the permit to an applicant entitled to such transfer if he finds that the transfer will not adversely affect the peace, health, safety, convenience and general welfare of the public, and the transferee possesses the quali- fications required of original applicants. 32-105 Permit for each location required. No permittee shall conduct a towing operation at a location other than the location specified in the permit. 32-106 Chan~e of location. Where no conflict exists with the city's zoning regulations or other provisions of this code, a change of location may be endorsed on a permit by the chief of police, or his designee, upon written application by a permittee, accompanied by a change of location fee as estab- lished by resolution of the city council. 32-107 Permits - Term of. Permits issued pursuant to the provisions of this chapter may be renewed every two (2) years unless sooner revoked, suspended or cancelled. 32-108 Scope of article. The provisions of this article shall apply to all persons and businesses described herein whether established before or after the effective date of this article. Towing operations presently existing in the city shall have thirty (30) days after the effective date of this article in which to comply with the provisions hereof. ORDINANCE NO. NS- 1616 PAGE EIGHT SECTION 2: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, sub- section, sentence, clause, phrase or portions thereof, irre- spective of the fact that any one or more sections, subsections sentences clauses, phrases or portions be declared invalid or unconstitutional. SECTION 3: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be con- strued as affecting any of the provisions of such ordinance relating to the collecion of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 4th day of Januar~ 1982 by the following vote: AYES: NOES: COUNCILMEMBERS: Ac0sta, Bri cken, Griset, Luxembourger, Markel, McGu~gan, Serrato COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ATTEST: GORDON BRICKEN, MAYOR