HomeMy WebLinkAboutNS-2894 - Amending Santa Ana Municipal Code Section 32-107 Relating to Tow TrucksORDINANCE NO. NS -2894
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AMENDING SANTA ANA MUNICIPAL
CODE SECTION 32 -107 RELATING TO TOW TRUCKS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. California Vehicle Code section 21100 provides authority to cities and
counties to regulate tow operators within their jurisdiction.
B. On September 2, 2003, the Santa Ana City Council adopted Ordinance
NS -2637 enacting Article IV of Chapter 32 relating to Tow Trucks. The
Ordinance, among other items, delegated authority to the Chief of Police
to establish towing operation guidelines and a rotational list for tow
operators.
C. In an effort to standardize the process and increase the consistency with
other competitive processes for City Services, the Chief of Police will
recommend a rotational tow list to the City Council for approval. All other
aspects of the Rotational Tow List including establishing written
guidelines, standards for qualification, discipline, and removal from the List
will remain the same.
Section 2. Chapter 32, Article IV, 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; recommendation of list of
rotational tow operators to the City Council.
1. 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
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:
Ordinance No. NS -2894
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(a) Requirements and standards for placement on the rotational tow
list;
(b) Requirements and standards for continued placement on the
rotational tow list;
(c) Grounds for, and procedures governing, discipline and removal
from the rotational tow list; and
(d) Any other pertinent and relevant matters pertaining to the
administration of a rotational tow list.
2. Such rules and regulations shall have the same 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
placement on the rotational tow list.
3. At least once every five (5) years, the chief of police will make a
recommendation to the City Council of a list of rotational tow operators.
Section 3. 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.
ADOPTED this 1st day of March, 2016
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Ordinance No. NS -2894
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APPROVED AS TO FORM:
By' Tor
oyda R. Cawalho
ity Attorney
AYES: Councilmembers
NOES: Councilmembers
Benavides, Pulido, Reyna, Tinalero (4)
None (0)
ABSTAIN:
Councilmembers:
Martinez
(1)
NOT PRESENT:
Councilmembers:
Amezcua
Sarmiento (2)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS -2894 to be the original ordinance adopted by the City
Council of the City of Santa Ana on March 1, 2016, and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date:`' a
1 6 vy- �. "�4'
Clerk of the Council
City of Santa Ana
Ordinance No. NS -2894
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