A. Any of the following shall be a violation of this chapter, and shall be grounds for immediate suspension or termination of a police tow operator agreement:
1. The police tow operator has not filed adequate evidence of liability insurance coverage with the Chief of Police or has allowed its insurance coverage to lapse or be cancelled;
2. Violation of any rule, regulation, or condition set forth in or authorized by this chapter.
3. Violation of any laws of the state or city, including zoning laws, with respect to the operation of the business by the police tow operator.
4. Failure to comply with the regulations set forth in the franchise agreement or any provisions of the Guidelines.
5. If any police tow operator’s employee, or any person connected or associated with the police tow operator as an operator, director, officer, stockholder, general manager, or person who is exercising managerial authority on behalf of the police tow operator, has committed any one of the following acts:
a. Had an inspection or investigation by the Building Official, Police Department or Fire Department, which revealed a deficiency, violation or conduct that endangers the peace, health, safety and general welfare of the public;
b. Employs tow truck drivers under eighteen (18) years of age;
c. Fails to notify the Police Department in writing of the name, address and driver’s license number of any newly employed tow truck driver within ten (10) business days of the hire date, or fails to notify the Police Department within ten (10) business days of any tow truck driver who is no longer employed by the franchise holder;
d. Fails to obtain and maintain a current Fullerton business license;
e. Has allowed the services of a driver with a record of excessive violations of the Vehicle Code which has resulted in the suspension or revocation of their driver’s license or a driving under the influence, reckless driving or wet reckless conviction within the last three (3) years, to remain in its employment as a driver;
f. Fails to maintain control of any personal property, vehicle accessories and vehicles that have been towed;
g. Has knowingly made false, misleading or fraudulent statements of a material fact in a report or record required to be filed with the Police Department, or any other law enforcement agency;
h. Has stopped and solicited on any street, highway or public thoroughfare the rendering of assistance to a person or disabled vehicle without first being requested to do so, except to render emergency aid when there exists an imminent peril to life or property;
i. Has released a vehicle impounded for evidence purposes, or for a 30-day hold pursuant to Vehicle Code Section 14602.6(a), without the prior written authorization of the Chief of Police. Any violation of this paragraph is subject to a fine of no less than $250.00 and no more than $1,000, and/or to six (6) months in jail.
B. The following acts by any police tow operator or his/her employee, or any person connected or associated with the police tow operator as an operator, director, officer, stockholder, general manager, or person who is exercising managerial authority on behalf of the police tow operator, shall be grounds for the immediate suspension or termination of the franchise agreement:
1. Has been convicted of a felony or any crime involving theft, embezzlement, stolen property, fraud or crimes of violence within the last five (5) years;
2. Has committed any false, fraudulent, deceptive or dangerous act while conducting towing service business;
3. Has published, uttered or disseminated any false, deceptive or misleading statements or advertisement in connection with the operation of the towing service;
4. Has conducted the towing service in a manner contrary to the peace, health, safety and general welfare of the public;
5. Has violated or permitted other persons to commit, through an act of omission or commission, any felony or misdemeanor crime involving registerable sexual offenses (pursuant to Penal Code Section 290);
6. Has committed or permitted other persons to commit, through an act of omission or commission, any felony or misdemeanor crime involving moral turpitude, or a felony involving sale or use of a controlled substance, or any act of dishonesty or fraud within the last five (5) years;
7. Fails to comply with any Vehicle Code, federal, state, or county regulations and laws relating to towing and/or storing of vehicles, including the impounding and storing of vehicles from private property;
8. Has obtained a tow franchise by use of fraud, trick, dishonesty or forgery;
9. Has failed to correct any deficiencies or equipment violations within ten (10) days following notice by the Police Department to the police tow operator of the deficiencies or equipment violations. This subsection shall not apply to unsafe vehicles, as referenced in Vehicle Code Sections 2800(d), 24002, and 24004;
10. Has recommended or promoted the services of any body shop, repair shop or any other business to the owner or driver of any vehicle prior to hooking the vehicle, during the tow or while in the tow operator’s custody.
(Ord. 3282 § 1(part), 2020)