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HomeMy WebLinkAboutNS-2159 - Amending Sections and Repealing Sections to Revise the City's Tow Truck RegulationsREL: 5/28/92 ORDINANCE NO. NS-2159 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 32-81, 32-82, 32-84, 32-85, 32-89, 32-91, 32-92, 32-97, 32- 99, 32-100, 32-101, AND 32-107 AND REPEALING SECTION 32-108, TO REVISE THE CITY'S TOW TRUCK REGULATIONS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That section 32-81 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec 32-81. "Towing operation" defined. As used in this article "towing operation" means the activity, business or enterprise 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 renumeration 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 organization furnishing tow service; (c) (d) 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 performed on a nonprofit basis or said fee is a part of the rent or lease agreement or contract; That provides tow service for vehicles in the city on a non-emergency towing assignment. A non-emergency 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 non-emergency towing assignments require authorization from the registered owner, legal owner, driver, or other person in control of such vehicle. 0 NANCE NS-21 9 197 Page 2 SECTION 2: That section 32-82 of the Santa Ana Municipal Code is hereby amended to read as follows: 8ec.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. Towing operation permits, issued pursuant to the provisions of this article, unless sooner revoked, suspended or canceled, shall be effective for a period of seven (7) years from the date of issuance; and may be renewed for successive seven (7) year periods of time. Applications for renewal shall be treated as applications for a towing operation permit, subject to all applicable provisions of this article. Applications for renewal, and the appropriate fee, shall be filed with the chief of police not later than thirty (30) days before the expiration of the permit. SECTION 3: That section 32-84 of the Santa Aha Municipal Code is hereby amended to read as follows: Sec. 32-84. Denial of permit. The chief of police, or his authorized representative, within thirty (30) days from the date a completed application is filed or longer upon a showing of good cause, shall cause an investigation of the applicant, and the application for a permit may be denied within such period of time on any of the following grounds: (a) The applicant is unfit to be trusted with the privileges 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, director, 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. 2 ORDINANCE NS-2159 199 Page 3 SECTION 4: That section 32-85 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 32-85. Notice of denial of permit. The chief of police, or his authorized representative, within the period of time specified in section 32-84, 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. SECTION 5: That section 32-89 of the Santa Ana Municipal Code is hereby amended to read as follows: Bec. 32-89. Permit 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. Such hearing shall be held within thirty (30) days after the chief of police's receipt of a request for hearing, unless the permittee waives this time period in which case the hearing may be held on a later date. Any hearing, once commenced, may be continued by the chief of police or at the request of the permittee. At the conclusion of such hearing, the chief of police, or his designee, may render a decision which shall become effective 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. SECTION 6: That section 32-91 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 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 as required by state law. 3 ORDINANCE NS-2159 ~ Page 4 SECTION 7: That section 32-92 of the Santa Ana Municipal Code is hereby amended to read as follows: Bec. 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, whether situated within or outside the city, shall be approved by the chief of police, or his designee, prior to the permit being issued. If the permittee wishes to establish and maintain an additional location within the city as a yard for vehicle storage, such additional location shall be approved by the chief of police, or his designee, and shall show conformity with Chapter 41 of this Code. SECTION 8: That section 32-97 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 32-97. Release of vehicle. Permittees shall provide for release of vehicles Monday through Friday from 8:00 a.m. to 5:00 p.m. excluding officially recognized holidays. Permittees may additionally 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. SECTION 9: That section 32-99 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 32-99. Tow truck operators--permit required; renewal of same; revocation or suspension of same. (a) No person shall operate or drive a tow truck, as defined in subsection (a) of section 615 of the California Vehicle Code, or a tow dolly, as defined in section 617 of the California Vehicle Code, without a written operator's permit from the chief of police. Operator's permits issued pursuant to the provisions of this article, unless sooner revoked, suspended or canceled, shall be effective for a period of three (3) years from the date of issuance; and may be renewed for successive three (3) year periods of time. Applications for renewal shall be treated as applications for an operator's permit, subject to all applicable provisions of this article. Applications for renewal, and the appropriate fee, shall be filed with the chief of police not later than thirty (30) days before the expiration of the operator's permit. 4 ORDINANCE NS-2159 Page 5 (b) No person shall be employed by a permittee as a tow truck operator until such time as said person has received a written permit from the chief of police to act as a tow truck operator. It shall be the responsibility of the permittee to have all operators of tow trucks or tow dollies in its employ obtain an operator's permit from the chief of polic~. (c) An application for an operator's permit shall be filed with the chief of police on forms furnished by him, shall be accompanied by a fee in an amount established by resolution of the city council, and shall contain the following information: (1) The name, date of birth, driver's license number, business address and residence address of the applicant; (2) The occupation and employment history of the applicant for three (3) years immediately preceding the date of the application; (3) Ail criminal convictions or proceedings in which a plea of guilty or nolo contendere was entered, including vehicle code violations; and (4) Such other identification and information as the chief of police deems necessary to carry out the purposes of this article. (d) The chief of police, or his authorized representative, within thirty (30) days from the date a completed application is filed or longer upon a showing of good cause, shall cause an investigation of the applicant, and the application for an operator's permit may be denied within such period of time on any of the following grounds: (1) The applicant is a person under the age of eighteen (18) years; (2) The applicant is a narcotics offender or uses dangerous drugs or alcohol to an excessive degree; (3) The applicant has been convicted of a moving violation or violations showing a disregard for public safety (four or more moving citations or a "driving under the influence" citation within the last three years); (4) (5) The applicant has willfully furnished false information on his or her application or omitted information requested on said application; The applicant has been convicted of a felony or any crime involving moral turpitude within five (5) years preceding the date of application; '203 ORDINANCE NS-2159 ~'~0~ Page 6 The applicant has been convicted of a crime or crimes involving the theft of vehicles or parts therefrom; or (7) The applicant does not hold a valid driver's license issued by the department of motor vehicles of this state or any license which is required by this state. (e) The chief of police, or his authorized representative, shall notify the applicant of his intention to deny an application for an operator's 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. (f) The chief of police may, in his discretion or upon the verified complaint in writing of any person, investigate the actions of any holder of an operator's permit and may temporarily suspend for a period not exceeding one year or revoke the permit of any operator who commits any one or more of the acts or omissions constituting grounds for denial of an operator's permit as provided by this article. Written notice by United States mail shall be furnished the permittee who, within then (10) days after receipt of notice of suspension or revocation, may request a hearing before the chief of police or his designee. (g) Hearings regarding the operator's permit, and any appeal police, shall be governed by the this article. suspension or revocation of an from a decision of the chief of provisions of section 32-89 of (h) When an operator's permit of any person is revoked for cause, no new or other application for an operator's permit from the same person shall be accepted within six (6) months after such revocation. When an application for an operator's permit is denied for cause, no new or other application for a permit from the same person shall be accepted within six (6) months after denial unless the applicant can show a material change in his or her situation which would justify the issuance of such permit. SECTION 10: That section 32-100 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 32-100. Tow truok operators -- Identification card. Every person directly engaged in the operation of a tow truck shall carry on his or her person at all times while so engaged, an identification card, issued by the police department, identifying the bearer as a tow truck 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 operator, and the name and address of the garage 6 ORDINANCE NS-2159 Page 7 ~07 employing the operator. The identification card shall be department immediately upon suspension, of employment. returned to the police revocation or termination SECTION 11: That section 32-101 of the Santa Ana Municipal Code is hereby amended to read as follows: Bec. 32-101. Permits nontransferable. Towing operation permits shall not be transferable except as hereinafter provided. SECTION 12: That section 32-107 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 32-107. Towing operation guidelines; rotational list; authority of the chief of police to promulgate written guidelines. In order to provide a workable and comprehensive policy regarding the towing and/or storage of abandoned, disabled, stored or impounded vehicles from public or private property, the chief of police is hereby authorized to promulgate and issue, by general order, and amend, if necessary, written rules and regulations governing the following but by no means exclusive subjects: (a) Establishment of a rotational list of towing operations holding permits under this article; (b) Requirements and standards for placement on the rotational tow list; (c) Requirements and standards for continued placement on the rotational tow list; (d) Grounds for, and procedures governing, removal from the rotational tow list; and (e) Any other pertinent and relevant matters pertaining to the administration of a rotational tow list. Such rules and regulations shall have the force and effect of law, and the failure to obey same shall be deemed a violation of the provisions of this article for purposes of renewal, suspension or revocation of a towing operation permit. SECTION 13: That section 32-108 of the Santa Ana Municipal Code is hereby repealed. ORDiNanCe. S-21S9 Page 8 . 209 SECTION 14: The amendments to Article IV of Chapter 32 of the Santa Ana Municipal Code made by this ordinance shall apply to all towing operations whether established before or after the effective date of this ordinance. SECTION 15: 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, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 16: 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 construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision 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 15th day of June 199__2. ATTEST: ~n'ice C. Guy ' ~'~/ Clerk of the Council Mayor COUNCILMEMBERS: Young Aye Pulido _l~v Acosta Aye Griset Aye McGuigan Absent Norton ~ay Richardson Aye APPROVED AS TO FORM: CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance ~-~/0--~ to be the original ordinance adopted by the City Council of the city of Santa Ana on ~-/~---~7~ ; and that said ordinance was published in accordance with the Charter of the City of Santa Ana. ~Date