Loading...
All tow car firms operating on the effective date of this Article must file an application for a permit within 90 days of the effective date of this Article; failure to do so shall make continued operation of said tow car firm a violation of the permit requirements of this Article.
(Added by Ord. 21-97, App. 1/24/97)
(a) Findings. The Board of Supervisors finds:
(i) that there are frequent incidents of illegal towing from private property in San Francisco; and
(ii) that there is a significant risk to the safety of residents and visitors when illegal towing from private property occurs at night; and
(iii) that there is a risk to public health and safety when the vehicles of senior citizens and persons with disabilities are illegally towed from private property; and
(iv) that illegal towing from private property affects vulnerable populations when people of limited economic means are required to pay hundreds of dollars to recover their vehicle, or are subjected to deficiency claims by collection agencies if they could not afford to pick up their vehicle even though the vehicle was illegally towed; and
(v) that the rights of vehicle owners when their vehicle is towed from private property, as described in the California Vehicle Code, are extremely difficult for citizens and visitors to find and understand, especially for non-English speakers or those who speak English as a foreign language; and
(vi) that there are no accessible resources for people to research their rights and responsibilities with respect to private property tows; and
(vii) that requiring tow car firms to provide information on the legal rights of vehicle owners at the time they reclaim their vehicle would be an effective way of informing vehicle owners of their rights under California law when their vehicle is towed from private property; and
(viii) that preventing illegal conduct by tow car operators when towing from private property would reduce the economic burden on residents and visitors by eliminating the need to go to small claims court after a vehicle owner has already paid to reclaim the vehicle; and
(ix) that consistent adherence to legal towing practices will substantially increase the quality of life for residents and the experience of visitors to San Francisco.
(b) Definitions. For the purposes of this Article, "Brochure" shall mean a concise summary of California law, including the maximum rate that can be legally charged for a private property tow and the rights and responsibilities of all parties who participate in towing from private property: real property owners, vehicle owners, tow car operators and tow car firms.
(c) Duties of tow car firm permittees. Every towing firm, or person to whom or for whom a permit to operate a tow car firm has been granted pursuant to the provisions of this Article shall display the Brochure in Chinese, Spanish and English in a conspicuous place in the location where a vehicle owner must come to reclaim their towed vehicle so that the Brochure may be easily seen by any person who is reclaiming their vehicle. A vehicle owner reclaiming their vehicle must also be able to take a copy of the Brochure in any language without assistance from any employee of the tow car firm and before they have paid to reclaim their vehicle. The tow car firm must maintain at least 50 copies of the brochure in each language on the premises at all times.
(d) Duties of the Police Department. The Police Department shall:
(i) Develop the Brochure within 30 days of the effective date of this ordinance; and
(ii) Arrange for translation of the Brochure into Chinese and Spanish; and
(iii) With the assistance of the City Attorney's Office, review the Brochure after July 1 of each year, and revise any provisions that are changed by state legislation or changes in public towing contract prices; and
(iv) Arrange for production of the Brochure in sufficient quantities for all tow car firm permittees and any City department that wishes to display the Brochure; and
(v) Provide copies of the Brochure and display stands that are adequate to display the Brochure in all of the required languages to any tow car firm permittee in sufficient quantities to ensure the tow car firm's compliance with this Section, and to City departments upon request; and
(vi) Post the Brochure, contact information for the San Francisco Small Claims Court and the District Attorney's Office Consumer Protection Unit, and a list of current tow car firm permittees on the Police Department's website.
(e) Funding. All costs of production, translation and distribution of the Brochure and display stands shall be recovered by the Police Department from the permit fees assessed for tow car firm and tow car operator permits.
(f) Penalties and Enforcement. Any tow car firm that fails to comply with the requirements of subsection (c) of this Section may be assessed an administrative penalty by the Police Department in accordance with San Francisco Administrative Code Chapter 100, a copy of which is on file in Board of Supervisors File No. 081452 and which is hereby incorporated by reference. The penalty for a violation shall be $500.
(Added by Ord. 11-09, File No. 081452, App. 1/16/2009)
The Chief of Police may suspend or revoke any tow car business permit for any of the following reasons or the reasons listed in Section 3054 for denial of a permit:
(1) Within five years prior to the date of application the applicant has been convicted of any of the following crimes:
Theft, petty theft, theft of a vehicle, breaking or removing vehicle parts, malicious mischief to vehicle, check fraud, credit card fraud, driving under the influence of alcohol or drugs, vehicular manslaughter, reckless driving bodily injury, any sex offense which would cause the applicant to be registered as a sex offender, any unlawful carrying, use or possession of a firearm, any assault or battery (misdemeanor or felony), kidnapping, arson, extortion, murder, possession of alcoholic beverage, opened alcohol container, marijuana, or narcotic drug while driving, or bailee tampering;
(2) The imposition of towing, storage or other charges in excess of the maximum rate established by the City and County of San Francisco for its contracted tow car firms;
(3) Unauthorized charges added to the tow fee, including use of special equipment, release fees, administrative fees or other charges added to the tow fee;
(4) The towing or removal of any vehicle from public or private storage in other than a duly authorized manner;
(5) Failure to maintain in full force and effect the required bodily injury and property damage insurance;
(6) Employing any person as a tow car operator who has not been issued a valid tow car operator's permit by the San Francisco Police Department;
(7) Knowingly falsifying a tow car firm application or insurance certificate, or intentionally omitting from an application facts which could have resulted in a denial of the permit;
(8) Failure to report towed vehicles as required by law and Chief of Police rules;
(9) Falsification of any document used in the course of business as a tow car firm;
(10) Failure to take reasonable steps to prevent violations of the law by employees in the course and scope of their employment;
(11) Failure to permit peace officers the ability to inspect the tow car firm premises or operations thereof.
(Added by Ord. 21-97, App. 1/24/97)
Each tow car firm shall contact the Municipal Transportation Agency Tow Desk within 30 minutes after departing private property with the towed vehicle. The tow car operator shall report the license number of the vehicle towed, the vehicle identification number if the license number is not available, the name of the tow car firm towing the vehicle, the tow car operator's name and permit number, the location the vehicle has been towed from, the time the vehicle was towed, the year, make and color of the vehicle and the location where the vehicle is being stored, the telephone number where the tow car firm can be reached, and the name of the person authorizing the tow.
(Added by Ord. 21-97, App. 1/24/97; Ord. 287-08, File No. 081340, App. 12/5/2008)
(a) Permit holders shall submit, semiannually, evidence of insurance for all vehicles utilized in the course of the tow car business.
(b) Permittee shall, annually, provide evidence of registration for all vehicles.
(c) Permittee shall notify the Police Department of changes in the number of tow vehicles.
(d) Permittee shall notify the Police Department of changes in tow car drivers' employment status and permit number.
(Added by Ord. 21-97, App. 1/24/97)
The permit shall expire one year from the date of issuance, and shall be renewable thereafter upon an annual basis, and upon payment of the annual license fee. The license fee shall be paid annually on or before March 31, in accordance with the provisions of Section 76.1 of the Business and Tax Regulations Code.
(Added by Ord. 21-97, App. 1/24/97; amended by Ord. 238-11, File No. 111101, App. 12/15/2011, Eff. 1/14/2012)
Loading...