§ 5.240.080 FRANCHISE TERMS AND CONDITIONS.
   A.   Term. Each franchise granted pursuant to this chapter shall be non-exclusive and shall be for a term of no longer than four (4) years.
   B.   Maximum number of franchises. Nothing herein shall be deemed to limit the number of franchises in effect at any one time, and no provision of this chapter shall be deemed to require the granting of a franchise if the Chief of Police determines that such franchise grant is not in the best interest of the city and the public.
   C.   Maximum fee schedule. A uniform towing and storage fee schedule setting forth maximum fees shall be established by the Chief of Police. The fees shall be determined by computing the average towing and storage fees allowed by the California Highway Patrol for the Santa Ana region. The fees may be adjusted no more than once per year unless an adjustment to fees is approved more frequently by the CHP. No official police tow service shall charge more than the fees set forth in the fee schedule.
   D.   Fee disputes. Should there be any dispute between an official police tow service and a vehicle owner over rates, fees or charges imposed for official towing services rendered under this chapter, such dispute shall be decided by the Chief of Police, and the official police tow service shall make no demands upon the vehicle owner for a sum in excess of the amount determined to be reasonable by the Chief of Police. The Chief of Police may hold an administrative hearing on any such dispute, if any party to the dispute so requests, whereupon both parties shall be provided the opportunity to present evidence in support of their position. The decision of the Chief of Police in any such dispute shall be final.
   E.   Compliance with chapter. Following the grant of a franchise or conditional grant of a franchise, and as a condition of such grant, each official police tow service shall strictly comply with each and every provision of this chapter, the tow policy and any and all other laws, statutes and regulations applicable to the provision of official towing services to the Brea Police Department. Any failure to so comply shall be grounds for re-ranking, franchise suspension, or franchise revocation.
(Ord. 1070, passed 6-1-04)