A. Review. The Chief of Police may, in his or her discretion, periodically review the performance and qualifications of any official police tow service franchisee to ensure compliance with all requirements of this chapter and the tow policy. In performing such review, the Chief of Police may request to be provided full, true and correct copies of any and all records required to be maintained by the franchisee, or to inspect the same on the franchisee’s premises, including, but not limited to, any and all citizen's complaints and/or records of response times.
B. Re-ranking. In the event any official police tow service fails to maintain compliance with any requirement of this chapter or the tow policy, such tow service may be re-ranked to a lower position on the priority list, depending upon the severity of the violation. In the case of a minor violation, the Chief of Police shall be authorized to provide a written warning to the official police tow service, together with a time by which such violation must be remedied. A failure to remedy a violation within a specified period may result in re-ranking, suspension or revocation. Procedures applicable to re-ranking and appeal thereof, shall be set forth in the tow policy.
C. Suspension and revocation. Where grounds exist, as set forth in this section, an official police tow service franchise may be suspended or revoked in accordance with the procedures set forth in the tow policy.
D. Notwithstanding any other provision hereof, the Chief of Police may immediately suspend a franchise and the official police tow service from the priority call list, pending a hearing, where deemed necessary in order to protect the public from an immediate threat of harm or risk of injury.
E. Any official police tow service that has its franchise revoked may not re-apply to be an official police tow service for at least six (6) months, unless otherwise provided as part of a decision following an appeal.
F. Grounds for revocation and suspension. A franchise may be suspended or revoked whenever the Chief of Police determines that an official police tow service, or owner or operator thereof has:
1. Violated or failed to comply with any provision of this chapter affecting the public health and safety, or has committed a substantial and severe violation of this chapter or any state or federal law, or has failed to cure any violation of this chapter following written notice;
2. Engaged in any activity, or has become subject to any governmental action or judicial or regulatory determination including, but not limited to, conviction of a crime, that would be grounds for denial of a franchise;
3. Failed to consistently maintain a satisfactory level of service to the Brea Police Department or the public, or has or otherwise is creating a risk of harm to the public health or safety in the provision of tow services;
4. Committed any fraud or deceit upon the city, including, without limitation, falsifying data and records relating to the provision of official towing services, including response times or the type or number of official towing services performed; or has otherwise engaged in dishonesty in connection with the franchise obligations;
5. Committed any fraud or deceit upon any person in connection with the provision of towing services;
6. Violated any order or ruling of any city official or regulatory body having jurisdiction over the official police tow service in connection with its provision of official towing services, unless such order or ruling is being validly appealed or contested by the tow service through legitimate proceedings conducted in good faith; or
7. Become insolvent, unable or unwilling to pay its debts and obligations, or is adjudged to be bankrupt, in connection with, or otherwise so as to adversely affect, the operation of the official police tow service.
(Ord. 1070, passed 6-1-04)