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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CHIEF OF POLICE. The Chief of Police of the City of Brea, or designee thereof.
FINANCIAL SERVICES DIRECTOR. The Financial Services Director of the City of Brea, or designee thereof.
OFFICIAL POLICE TOW SERVICE. A vehicle towing and storage company having a franchise with the City of Brea to provide official towing services. An OFFICIAL POLICE TOW SERVICE shall be used by the Brea Police Department for any situation where the Police Department requires the provision of official towing services.
OFFICIAL TOWING SERVICES. Towing services, including the storage and impounding of vehicles, performed for and as required by the Brea Police Department.
STORAGE YARD ATTENDANT. Any person who serves as a vehicle storage yard attendant for an official police tow service.
TOW POLICY. Collectively, the official vehicle towing and storage policy, rules and regulations governing the daily operations of each official police tow service, as established and amended from time to time by the Chief of Police following written notice to all official police tow services. The TOW POLICY governs daily operations, establishes response times, and sets forth administrative procedures. It is provided to each official police tow service at the commencement of its franchise. The TOW POLICY, as the same may be amended from time to time, is incorporated herein by reference.
TOW TRUCK. A tow truck as defined in Cal. Veh. Code § 615, and further includes any motor vehicle that has been altered or designed and equipped for, and used in the business of, towing vehicles by means of a crane, tow bar, tow line, flatbed, roll back, or dolly, or is otherwise exclusively used to render assistance to other vehicles.
TOW TRUCK OPERATOR. Any person operating a tow truck for an official police tow service.
TOWING SERVICES. The hook-up and towing of vehicles by tow truck, and may include storage of vehicles towed.
(Ord. 1070, passed 6-1-04)
As a condition of being granted the privilege of providing official towing services, each official police tow service shall pay the city a franchise fee in such amount as may be set, from time to time, by resolution of the City Council. The franchise fee shall be payable monthly to the city during the term of the franchise.
(Ord. 1070, passed 6-1-04)
On each anniversary of being granted a franchise hereunder, or upon request of the city, each official police tow service shall provide the Financial Services Director with a detailed income statement reflecting its provision of the official towing services and charges collected. Such statements shall provide such information, and shall be in such substance and format as may be established by the Financial Services Director and as may otherwise be required by the tow policy.
(Ord. 1070, passed 6-1-04)
A. At least ninety (90) calendar days prior to the expiration date of an existing franchise, or whenever the Chief of Police determines that there is need and necessity for a new or additional official police tow service, the Chief of Police may request the Financial Services Director to send out a notice of request for proposals for the provision of official towing services. The form of the notice shall be approved by the Chief of Police. All proposals shall be reviewed by the Chief of Police who may select the most qualified towing company or companies to submit an application to become an official police tow service and receive a franchise pursuant to this chapter. In determining whether a towing company is qualified to submit an application, the Chief of Police shall be guided by his or her preliminary determination that, as proposed, the applicant and the applicant’s towing services will likely comply with the requirements set forth in this chapter as well as the established tow policy.
B. The Chief of Police shall investigate and take all steps necessary to verify all information included in the application, including whether or not the applicant and any other owners of the towing service satisfy the requirements of this chapter, and to determine the applicant’s ability to provide quality towing services in furtherance of the intent and purpose of this chapter. In the discretion of the Chief of Police, a hearing may be conducted concerning the granting of any franchise. If the Chief of Police finds that the applicant satisfies all such requirements, that grounds for denial do not exist, and it is in the best interest of the city, then the Chief of Police shall approve the application for a franchise. Otherwise the application shall be denied. The Chief of Police, in his or her discretion, and solely as an accommodation to a franchise applicant, may make the final grant of a franchise conditional upon satisfactory completion of all the background investigation provided, however, that such conditional franchisee shall be subject to all requirements of this chapter and the tow policy.
C. Prior to commencement of services as a franchisee, and as a condition of being granted a franchise hereunder, each official police tow service must agree in writing to be bound by and to comply with, throughout the term of the franchise, all provisions of this chapter, the tow policy, and any and all other applicable rules and regulations.
D. Each new franchisee shall be placed at the bottom of the current call priority list, as established by the Chief of Police provided, however, that if there are no existing franchises when any such new franchise or franchises are granted, then the Chief of Police shall establish the priority list by lottery which shall remain in effect unless and until revised as provided in this chapter and/or the tow policy. The number one (No. 1) ranked official police tow service shall receive all calls for service initiated and required by the Brea Police Department. In the event the No. 1 official police tow service is unable to respond within the required response time, the second official police tow service (i.e. ranked No. 2) shall be given the call. In the event the No. 2 official police tow service is unable to respond within the approved time, the No. 3 official police tow service shall be given the call. Throughout the term of the franchise, including any renewal periods, each official police tow service shall occupy the rank assigned unless and until re-ranked (up or down), suspended or removed from the priority list by revocation of a franchise, as provided herein. A separate, sequential rotation list shall be utilized for towing services requested by motorists through the Brea Police Department.
(Ord. 1070, passed 6-1-04)
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