HomeMy WebLinkAbout905 - Ordinance ORDINANCE NO. 905
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ADDING
CHAPTER 10.76 OF THE RANCHO CUCAMONGA
MUNICIPAL CODE REGARDING CITY TOWING SERVICES
THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY
ORDAINS AS FOLLOWS:
SECTION 1. A new Chapter 10.76 is hereby added to the Rancho Cucamonga
Municipal Code to read as follows:
"10.76.010 City Towing Services
10.76.010 Purpose
This chapter is intended to provide the City in general and the police
department in particular with an expedient means for moving damaged,
disabled, abandoned, and illegally parked vehicles, and those vehicles that
must be removed for safekeeping or other lawful reasons from the streets
and highways of the city. This chapter is also intended to provide a
dependable towing service to the city through the establishment of a
rotational towing system with reasonable standards for city-related vehicle
towing services.
10.76.020 Definitions
For purposes of this chapter the following terms shall have the meanings
set forth in this section.
"City Manager" means the City Manager of the City of Rancho Cucamonga
or his or her designee.
"Police Chief" means the Police Chief of the City of Rancho Cucamonga or
his or her designee.
"Police towing" means towing of vehicles to impound or to other locations
and the storage of such vehicles as ordered and designated by authorized
members of the Rancho Cucamonga Police Department, including but not
limited to tows initiated by the Police Department at the request of members
of the public.
"Police towing services agreement" means an agreement to provide police
towing services approved pursuant to this chapter.
"Tow service operator" means any person who has a current police towing
services agreement with the City.
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10.76.030 Unlawful Solicitation and Services
A. No person shall solicit or provide police towing services unless
pursuant to and in compliance with all terms and conditions of a
Police Towing Services Agreement that has been approved pursuant
to this chapter.
B. No person shall solicit any police towing services at the scene of an
accident without having first been called by the owner or operator of
the disabled vehicle or by the police department.
10.76.040 Police towing services agreements
A. The City Manager shall have the authority to enter into police towing
services agreements with no more than five qualified towing service
operators on such terms and conditions that are consistent with this
chapter and any regulations adopted pursuant to section 10.76.050
as he or she deems necessary to protect the public health, safety,
and welfare. Without limitation, all police towing services agreement
shall provide as follows:
1. All police towing services agreements shall require the tow
service operator to provide on-call police towing services on a
rotational basis. The City Manager shall establish a rotation
system that allows every tow operator a reasonably similar
opportunity.
2. All police towing services agreements shall run concurrently
and on substantially the same material terms and conditions
for a period designated by said agreement until earlier
terminated pursuant to the terms thereto or as provided by this
chapter or the any regulations adopted pursuant to section
10.76.050.
3. All police towing services agreements shall require the tow
service operator to indemnify, defend, and hold harmless the
city against and from any and all claims or suits for damages
or injury arising from the operator's performance pursuant to
the agreement and this chapter.
4. All police towing services agreements shall prohibit the tow
service operator from charging more than the maximum rates
established pursuant to this chapter and from passing the
amount of any fees owed to the City by the tow service
operator through to any member of the public.
B. All persons wishing to enter into a police towing services agreement
with the City shall submit a written application on a form specified by
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the City Manager and include such information as the City Manager
deems necessary to determine the applicant's qualifications. The
City Manager, upon the recommendation of the Police Chief, is
authorized to approve police towing services agreements based on
compliance with this chapter, any regulations adopted pursuant to
section 10.76.050. The City Manager shall provide written notice to
all applicants as to whether their applications have been approved or
denied.
10.76.050 Adoption of Rules and Regulations
The City Council, by resolution, may adopt rules and regulations applicable
to the administration of this chapter, the selection of tow service operators
to provide police towing services, and the duties and procedures with which
towing service operators must comply while providing police towing
services pursuant to this chapter. Such rules and regulations, upon being
filed with the city clerk, shall constitute enforceable provisions of this chapter
and shall be subject to enforcement as provided herein. Violations of the
rules and regulations adopted pursuant to this section shall be punishable
in accordance with section 1.12.010 of this Code.
10.76.060 Fees; Establishment of Maximum Rates
A. The City shall charge applicants an administrative fee to cover the
City's cost to review all materials submitted in accordance with this
chapter and for ongoing enforcement of this chapter. The amount of
the administrative fee shall be established by City Council resolution
and updated as necessary. Fees may be charged for staff time and
materials associated with assessing applications to be placed on the
rotation list.
B. In addition to the administrative fee in paragraph A above, all tow
service operators shall pay the City a uniform flat fee during the term
of each police towing services agreement, the amount of which shall
be established by City Council resolution. This fee shall not be
passed through to persons receiving police towing services.
C. The Police Chief shall determine the maximum chargeable fees and
rates charged to the owner of the towed vehicle for police towing
services after reviewing the rates allowed in neighboring
communities and operating data supplied by operators. The Police
Chief may from time to time review the fees and modify them as
necessary to comply with this section. For towing services provided
under this article, the operator shall charge no more than the rate
fixed by the Police Chief. The tow service operator shall maintain
the business records of all rates charged and collected for towing
services for a period of four years."
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SECTION 2. The City Clerk shall certify to the adoption of this Ordinance and shall
cause the same to be published in the manner prescribed by law.
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PASSED, APPROVED, AND ADOPTED this 31d day of May 2017.
Lnne B. Kennedy, Mayor Pro Tem
ATTEST:
Janice C. Reynolds, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RANCHO CUCAMONGA )
I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Ordinance was introduced at a special Meeting of
the City Council of the City of Rancho Cucamonga held on the 17th day of
April 2017, and was passed at a Regular Meeting of the City Council of the City of Rancho
Cucamonga held on the 3rd day of May 2017.
AYES: Alexander, Kennedy, Spagnolo, Williams
NOES: None
ABSENT: Michael
ABSTAINED: None
Executed this 4th day of May 2017, at Rancho Cucamonga, California.
Janice C. Reynolds, City Clerk
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