§ 5.82.120. Operating rules and regulations.

Every person permitted under Chapter 5.82 shall comply with the following rules and regulations:

A.

Every tow operation shall display at the business location the permittee's business name, address, and phone number. The lettering shall be a minimum of two inches (2") in width and six inches (6") in height. It shall be clearly visible and legible from the street at all times and shall be illuminated at all times after dark.

B.

Every permittee, employee or agent shall maintain all towed and impounded vehicles in his/her care and custody and all commercial vehicles used in connection with his/her business, within the confines of his/her storage facility and not upon the public streets, sidewalks, or other public property.

C.

Every permittee, employee or agent who removes a vehicle from private property without the knowledge or consent of the vehicle owner shall cause a written inventory to be made describing the condition of the vehicle. Any damage to the vehicle shall be described in this inventory. In the event the permittee, employee or agent opened the vehicle, the inventory shall also include a complete listing of all property contained therein. A copy of this inventory shall be made available to the vehicle owner.

D.

A permittee, employee or agent may enter a locked vehicle in order to remove it from legally posted private property; however, he/she shall be liable (under provisions of section 22658(d) of the Vehicle Code) for any and all damages caused to the vehicle.

E.

Every permittee, employee or agent who removes a vehicle from private property without the vehicle owner's knowledge or consent shall cause the vehicle to be available for release:

1.

During a minimum period of four (4) hours after impounding or towing the vehicle from private property. If the vehicle is towed or impounded after the normal business hours of the permittee, no additional release charges may be charged by permittee until the minimum period of four (4) hours above mentioned has elapsed; and

2.

At the set fee which shall not exceed the maximum amounts set by resolution of the City Council.

F.

Every permittee, employee or agent impounding a vehicle from private property without the vehicle owner's knowledge or consent shall ascertain whether the vehicle has been previously reported stolen or whether it is wanted by law enforcement for any other reason. If so, the permittee shall notify the Police Department of the vehicle location and such other information as may be required. If the vehicle is impounded, the tow operation will notify the Police Department of the impound and the storage location within sixty (60) minutes after the vehicle has been removed from private property.

G.

Every permittee, employee or agent responsible for impounding a vehicle from legally posted private property shall furnish to the owner of the vehicle, upon request, the name and legal address of the person, company or corporation authorizing the impound in order that the vehicle owner may effectively fulfill his/her legal recourse under section 22658(d) of the California Vehicle Code. The owner of a tow operation shall maintain for a period of one (1) year, and make available for inspection by the Chief of Police, the following information pertaining to private impounds:

1.

The name and legal address of the person, company or corporation authorizing a private impound;

2.

The date, time and location of a private impound;

3.

Description including license plate number and state of registration and condition of the vehicle impounded.

H.

When the owner of a vehicle arrives at the scene prior to his vehicle being removed and disputes the tow operator's authority to remove the vehicle, it shall be the duty of the tow operator to release the vehicle and promptly leave the location.

I.

No possessory lien shall attach to the vehicle for any fees due to the permittee unless and until the vehicle has been removed from private property and is in transit.

J.

Each permittee shall at all times keep the permit and a copy of these rules and regulations posted in a conspicuous place on the premises. In addition, each tow driver must have a copy of these rules in his/her possession when operating a tow unit to enable him to inform the vehicle owner of the tow operator's legal authority and responsibilities. These rules shall be presented to the vehicle owner in the event of a dispute regarding the removal of the vehicle.

K.

Tow operations, drivers and employees shall conduct their business in an orderly, ethical, and businesslike manner, and use every means to obtain and keep the confidence of the motoring public.

L.

No permittee shall display, either on the premises or on a tow unit operated by the permittee, employees or agents, an official Police tow insignia without written permission from the Chief of Police.

M.

Every tow operation shall maintain insurance as prescribed in regulations issued by the City Manager pursuant to Section 2.84.040.

(Ord. C-7934 § 13, 2004; Ord. C-7461 §§ 7, 8, 1997; Ord. C-7423 § 29, 1996: Ord. C-6325 §§ 24, 25, 26, 1986; Ord. C-6260 § 1 (part), 1986)