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