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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. 1 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 2 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." 3 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. 4 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 5