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)