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HomeMy WebLinkAboutOrdinances_1425_CCv0001.pdf ORDINANCE NO. 1425 AN ORDINANCE OF THE CITY OF REDLANDS ESTABLISHING RULES AND REGULATIONS FOR GRAZ_NTING FRANCHISES TO OPERATE AUTHORIZED TOW-TRUCKS OVER, ALONG AND UPON THE STREETS CSR THE CITY O EDN a , AND TO OPERATE AUTHORIZED STORAGE GARAGES FOR IMPOUNDED OR STORED VEHICLES IN TTHE CITY OF REDEAN The City Council of the City of Redlands does ordain a follows : SECTION 1. The follo ing rules and regulations are hereby established for the granting of City of Redlands franchises for the operation of tow-truck. vehicles over , upon, and along the streets of the City of Redlands , and to operate authorized storage garages for impounded or stored vehicles in the City of Redlands , subject to the provisions and conditions of this or- dinance. Each Grantee shall provide , in addition to tow -truck service, a storage garage as specified herein. SECTION 2 . The terms of franchises granted shall be for the period of ten (10); years , unless sooner terminated , and .shall: e subject to the right of the City to terminate or alter or amend said franchise at any time as hereinafter provided. SECTION 3 . If the Grantee shall at any time fail to comply with or .fulfill the terms or conditions of a franchise, the City` Council may revoke the franchise.. Failure of the. Grantee to furnish adequate service by reason of strikes , lockouts , rear , riot, civil commotion , inability to acquire equipment, parts, fuel, lubricant, drivers or other causes; beyond the control of the Grantee, shall not be a violation of the terms of afranchise. If any germ or condition of a franchise scall be or become invalid or unenforceable, the City Council may by ordinance ter- minate the franchise , Provided; the City Council shall find and declare that the invalid or unenforceable term, or condition con- stituted a consideration material to the grant of the franchise . SECTION 4. All tow-trucks used under a granted franchise shall be operated and maintained in accordance with the lar�.ds' of the State of California, and the ordinances and rules and regu- lations of the City. SECTION The Grantee of a franchise, by acceptance of the same; agrees with the City to charge such rates for tow—truce ser- vice and/or storage service and comply with tow-tZruck operating procedures as; may from time to time be prescribed by the Cite, by resolution. n r; a SECTION 6 . The City of Redlands shall regulate the operation. of the Grantee in the following re cts . To make reasonable orders respecting character, extent, quality and standard of service. b. To make orders governing tow-truck and storage garage operating procedures, C. To fix rates of operation , and to make reasonable orders respecting the same. d. To make such other rules and regulations as may be reasonably necessary to facilitate the service to be rendered to the public under the franchise, including establishment of emergency stand-by lists.< SECTION 7. The Grantee shall be responsible that his drivers and/or operators of his authorized emergency= tow-trucks shall at all times be qualified pursuant to the requirements of the Vehicle Cade of the State of Californias SECTION 8 . Neither a franchise, neer any interest therein shall be scald, assigned or disposed of, either by merger or corn =olid:ation, car otherwise without the consent of the City expressed by resolution. SECTION 9 . The City hereby expressly reserves the right to modify, amend, alter, change, or eliminate any of the provisions of a: franchise during the life of the same, for the following pur- poses , to wit: a. To eliminate or delete from the same such conditions a prove obsolete or impractical . b. To impose such additional conditions upon the Grantee as may be just and reasonable, such conditions to be these as may be deemed, necessary for the purpose of insuring adequate service to the public . SECTION 1 .: In the .interest of public health, safety and welfare, the Grantee shall not operate any tow-truce; unless ;and until the following conditions have been met: . Compliance with sections GL5 and 24605 et seq. of the California Vehicle Coote.. Ordinance nance No. 1425 Page two Nk OR b. Must have adequate equipment to handle large truces trailers ; tractors , or similar heavy equipment , i.e. a standard to%,,= truck with a minimum o one-ton rating. C. dust have a cable winch of sufficient si2e and capacity to retrieve vehicles that have gone over embankments or off of traveled portions of roadways into inundated areas or other inaccessible locations. Minch shall have on the drum a minimum of 150 feet. of 3/8" uns lived steel cable. d. Must have sufficient amount of equipment to provide ex- peditious movement of disabled vehicles involved, in multi. vehicular collisions e. Must be equipped: for and proficient in unlocking locked, vehicles on Police order when required SECTION 11. Storage requirements. The Grantee shall maintain available space of adequate area to store and protect disabled ve- hicles. Such storage space will meet the following standards: a. Storage lots shall be properly fenced in accordance with: the zoning and building requirements of the City and be screened from all. public rights of way, and be at least six (6) feet in height . Lots must be equipped so as to provide adequate lighting during the hours of darkness , and further will be provided with facilities for locking or otherwise securing the sane,. Lots should be so lo- cated as to be under constant surveillance of the Grantee and located in an area subject: to police patrol-. b. Vehicles requiring special handling for investigation, i.e> fingerprinting, photographing , searching, etc. , must, e under roof', in a building capable of being secured.. Such vehicles will not be moved or touched after storage therein without the consent of the Redlands Police Depart- ment Investigating Officer. c. When it is necessary to remove vehicles other than those in Section 11 (b) to other storage facilities to .sake space available fear curre nt impour ds , the police epart- mens shall be notified in writing within 24 hours of the new location of such vehicle. The new location will meet the requirements established herein.. SECTION 12 . "he Tow Service and. Storage Garage Grantee shall keep records of all vehicles ordered impounded and stored by the Ordinance No. 1425 Page three (5 Redlands Police Department, at his place of business . Such records shall be available to members of the Redlands Felice Department and to any other person specifically authorised in writing by the Redlands City Manager. a. Records shall. include, but not be limited to:: (1) C11P Form 180 Report of Impounded vehicle. ) CHP Form 126 Report of Notification. of Impound. 3) City of Redlands Police Department Vehicle Re- lease order. ( Copies of .registered letters; to vehicle owners . ( Inventory lists of personal property in impounded and stored vehicles . ( Charge sheets lasting tow charges and storage fees against each individual vehicle, and, when possible- will contain, the owner' s release (signature) . b. The records listed above 'will, be maintained in jacket files by date of impound or storage and readily avail- able for the Police Officer in charge of the investigation, or responsible members of the California highway Patrol or by any person specifically authorized in writing by the City Manager. SECTION 13. When a tow--truck- has been dispatched to the scene of an accident or impound by the Police Department, the tow ruck operator shall cooperate with the Police Officer in removing hazards and illegally parked vehicles off of the street.. It shall be the duty of the Police Officeronduty to direct the necessary action with which the tow--truck operator will comply. SECTION 14. The Tow Service and Storage Garage Grantee shall not perform any s-ervice or work upon any police impound in his possession without first obtaining written permission from the ve- hicle owner or his agent,. No work or contract will be entered into between the Tow Service and the Storage Garage operator` and the ve- hicle owner or his agent until the vehicle has been: released in writing by the Redlands Police Department, SECTION 15. The Tow 'Service and Storage Garage operator shall furnish evidence acceptable to the City of Redlands on a city- furnished Certificate of Insurance Form of laving insurance coverage in amounts of X100, 000 $300, 000 ;liability; and. $50, 000 pr pe.rty da.m.age; Ordinance No. 1425 'age four s a gip`'- M, M SECTION 16. The following additional. requirements shall be agreed to between Grantee and City of Redlands . a. The Tow Service and Storage Garage Grantee and his em- ployees will be fingerprinted at the City of Redlands Police Department, and have in their possession a tow- truck operator' s permit issued by the Chief of Police, City of Redlands . b. The right of any vehicle owner involved in a traffic collision to call for tow service of his own choice shall not be infringed upon as long as the removal of his vehicle can be made without undue delay. c. The Tow Service and Storage Garage Grantee or his employee, upon signing CHP Form 180 (Report of Impounded vehicle) assumes full responsibility for the vehicle and contents on each impound. d. The Tow Service and Storage Garage Grantee shall render a report each week to the Redlands Police Department listing the vehicles remaining in storage. Report will specify the period of time of storage without being claimed by the owner. SECTION 17 . a. The City Council of the City of Redlands declares that public convenience, necessity, and welfare require a minimum of two tow-trucks to be maintained by a Grantee. Such tow-trucks to be based and operative within the city limits of the city of Redlands, together with necessary crews available for the units during the prescribed month or months established by the Chief of Police, City of Redlands , as the month, or months during which the Grantee is responsible to furnish 24-hour emergency tow-truck service within the city limits of the City of Redlands. In the event the Grantee fails to provide such minimum tow-truck requirements or fails to abide by any term of the franchise or resolutions governing rates of charge and operating procedures as adopted under t'he authority of this ordinance, the city shall, upon such determinat-ion, notify the Grantee in witing and the Grantee shall have ten (10) days to increase service to minimum standards. If the Grantee fails , the city may revoke the franchise. b. All tow-trucks , equipment, and storage garages used by the Grantee may be inspected at irregular intervals by ordinance No. 1425 Page five ja& IN the Chief of Police of the City of Redlands or his rep- resentative, to insure that vehicles , equipment, and storage garages meet required standards . SECTION 18. Subject to future revision by Resolution of the City Council, the rates and charges for city ordered tow-truck service shall comply with the rate schedule adopted by Resolution of the City of dlands< and shall not exceed such maximum charges . It shall be unlawful for any operator to give directly or in- directly, or, cause to be given, any rebates , commissions, reserve rebates, or any reduced rates or cash discounts to any person or persons or to any groups, except as provided herein. A schedule of such city approved rates shall be posted in a conspicuous place within the place of business . SECTION 19. a. The granting of franchises under the terms of this ordinance will be by Resolution. The Resolution will specify the name of the individual or corporation granted the franchise, and will also state that the rules and regulations prescribed in this ordinance will govern the operation of the franchise. b. The granting of a franchise is conditional upon the Grantee' s filing with the City Clerk a written acceptance thereof and agreement to comply with the terms and con- ditions herein set forth. SECTION 20. a. Whenever in this ordinance any right or power is con- ferred upon, or duty imposed upon the city, such right and power shall inure -to and be exercised by, and such duty shall be imposed upon the City Council. b. A franchise shall not constitute an exclusive grant of any right to conduct authorized tow-truck or storage garages for is or stored vehicle service within: the City of Redlands. SECTION 21. This ordinance shall be in force and effect as provided by law. SECTION 22 . The City Clerk shall, certify to the passage of this ordinance and shall cause the same to be published once Ordinance No. 1425 Page six r +s in the Redlands Daily Facts , a daily news paper hereby designate for that purpose. ATTEST r y r c� the pity ai , edland r Crt � APPROVED FOR FO s Edward F . Taylor City Attorney I , Peggy A. Moseley, City Clerk, City Redlands, hereby certify that the foregoing ordinance was duly adapted by the city Council at a regular meeting thereof held on the lst day of December, 1970 by; the f0ll0wing vote: AYES . Councilmen De Sirj_vn, Knudsen, Miller, Sewall, Myo Cummings NOES : None ABSENT: None Cit rk r Ordinance No. 1425 Page seven x s