In exercise of their power, the city council may regulate the operations of police towing services contracted to the city to include rates and fees charged resulting from police towing services requested pursuant to California Vehicle Code Section 21100(g). The chief of police is authorized and directed to enter into and regulate police towing services contracted to private tow companies. Tow service providers shall provide tow service to the city on request in accordance with all the rules and regulations outlined in this chapter. The provisions of this chapter shall apply only to the towing and storage of vehicles, contracted as a result of police activity or in the performance of duties as a city contracted tow service provider. (Ord. 01-02 § 1 (part), 2001)
The following words shall have the meaning given herein:
A. "City" is the city of Pismo Beach.
B. "Person" is any person, firm, partnership, association, corporation, company, or organization of any kind.
C. "Tow service provider" is a person under contract with the city to provide the services of a vehicle tow truck or trucks or towing service, whereby motor vehicles are towed or otherwise moved by use of a tow truck so designed for that purpose or by a truck, automobile, or other vehicle so adapted to that purpose. Tow service providers must be under contract with the California Highway Patrol to provide towing services. (Ord. 01-02 § 1 (part), 2001)
Police tow service contracts are valid for a period of one year and effective from July 1st through June 30th of the following year. Tow service providers will be required to sign an initial contract which will automatically renew annually unless canceled by either party. The chief of police may review the tow service contracts on an annual basis to evaluate the service provided by the tow company. Only towing service operators under contract with the city as provided herein shall be entitled to participate in the distribution of city towing service orders. Any contract entered into pursuant to these regulations shall not affect any other permit or license requirements imposed by federal, state or local law. (Ord. 01-02 § 1 (part), 2001)
A. Application for tow services contract shall be made to the chief of police by submitting the following documents:
1. Copy of the California Highway Patrol rotation tow listing application;
2. Copy of current general and automobile liability insurance policies;
3. Copy of current workers compensation insurance policy;
4. Copy of city of Pismo Beach business tax certificate;
5. Description, including photographs, of storage areas;
6. Description, including photographs, of all tow trucks.
B. An initial application hereunder shall be accompanied by a nonrefundable application fee to be established by resolution of the city council.
C. The chief of police may recommend to the city council that a contract be entered into with the applicant if the operator meets all the requirements of these regulations, and any other requirements imposed by federal, state or local law. (Ord. 01-02 § 1 (part), 2001)
Tow service providers shall receive no compensation except those fees payable by parties responsible for fees due to towing services rendered. In no event shall the city be under obligation to compensate tow service provider for services rendered to other parties. (Ord. 01-02 § 1 (part), 2001)
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