HomeMy WebLinkAboutReso - CC - 005-2005RESOLUTION NO. 5-2005
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AMENDING
ROTATION TOW TRUCK REGULATIONS FOR
THE BURLINGAME POLICE DEPARTMENT ROTATION LIST
RESOLVED, by the City Council of the City of Burlingame:
WHEREAS, the Burlingame Police Department uses a rotation list of qualified towing
businesses to remove abandoned or disabled vehicles from public streets and rights-of-way in the
City; and
WHEREAS, the regulations need amendment to ensure consistency of language and
practice, to clarify certain aspects of the practices, rates, and charges, and to provide additional
screening tools of drivers and operators of towing businesses; and
WHEREAS, the proposed amendments are generally consistent with regulations used by the
California Highway Patrol and nearby communities; and
WHEREAS, these changes are intended to provide a safer environment for the public, better
procedures for police use, and increased certainty for tow operators,
NOW, THEREFORE, IT IS RESOLVED AND ORDERED:
1. The Rotation Tow Truck Regulations contained in Exhibit A hereto are approved.
A AYOR
I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the foregoing
resolution was introduced at a regular meeting of the City Council held on the 18th day of January ,
2005, and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS: BAYLOCK, GALLIGAN, NAGEL, 0`NANONY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: COFFEy
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CITY CLERK
BURLINGAME POLICE DEPARTMENT
Rotation Tow Truck Regulations
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To provide 24 hour service through the Burlingame Police Department to the public in the event of
mechanical defect, disability of the driver, or the removal of vehicle(s) due to traffic collision on the
streets that are under the jurisdiction of Burlingame Police Department; that the charges for these
services are to be set by the Burlingame Police Department applicable to those tow truck companies
who wish to be placed on the Burlingame Police Department Rotation List.
B. POLICY:
1) Tow services under these Regulations shall be operated on a rotation basis within the
geographic boundary of the City of Burlingame.
2) Burlingame Police Department will establish one (1) rotation list. All accident, impound,
abandoned, and traffic hazard vehicles will be entered on this list.
3) All requests for tow service with the exception of AAA, NAC, ALLSTATE, STATE FARM,
or at owner's request, will come from the top of this rotation list. Any tow company that fails
to respond in a reasonable time, or refuses a call will be rotated as if they had received and
processed the call. That call will then go to the next company on the rotation list.
4) All tow companies on the rotation lists will make available for inspection the California
Highway Patrol annual inspection form for each tow vehicle used within the City of
Burlingame. All tow trucks and equipment shall be maintained in good working order.
5) All tow companies on the rotation list will immediately make written notification to
Burlingame Police Department of any change of ownership or status, or change of address of
the business and/or facilities.
6) It shall be the responsibility of the owner of the tow company to immediately notify the
Chief of Police of the inclusion of a party(ies) not originally listed on the sale of the
business. When the business is sold to a new owner, authorization for towing on the rotation
list is canceled. A new application must be submitted for review by the Chief of Police.
7) Communications Division of Burlingame Police Department will keep a daily log of both
rotation lists and all tow calls will be equally distributed to the tow companies on these lists.
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C. GENERAL REQUIREMENTS AND CONDITIONS:
1) All tow companies on the Burlingame Police Department rotation list will provide 24-hour
tow service, seven days a week, within the city limits of the City of Burlingame. It shall be
the owner's responsibility to immediately notify the Burlingame Police Department if, at any
time, they are unable to provide such services or any portion thereof.
2) 24-hour telephone numbers are required of tow companies. An answering service may be
used but it shall be the responsibility of the tow company owner to see that such answering
service complies with all regulations set forth herein.
3) All tow companies shall furnish and maintain current evidence of liability insurance to the
Burlingame Police Department providing adequate protection of disabled vehicles while
being towed and during storage period. Policy expiration dates and notice of cancellation
shall also be provided upon request to the Burlingame Police Department. Insurance shall be
as follows:
a. Bodily injury, personal injury, and property damage with combined single limit of no
less than one million dollars ($1,000,000) combined single limit per occurrence for
bodily injury, personal injury and property damage.
b. Automobile liability insurance policy ensuring tow company and tow company's
personnel to an amount not less than one million dollars ($1,000,000) combined
single limit per accident for bodily injury and property damage.
C. On -hook coverage, insuring the vehicle in tow with limits of not less than $100,000.
d. Garage liability, including premises and operations, for bodily injury and property
damage with a combined single limit of not less than $1,000,000.
e. Garage keepers liability of not less than $500,000.
f. In addition to these policies, each tow company shall have and maintain Workers'
Compensation insurance as required by California law and shall provide evidence of
such policy to the Burlingame Police Department.
4) In order to be eligible to be placed on a rotation list, a tow company shall have a minimum of
three (3) verifiable years for -hire towing experience. Experience will be investigated and
determined by Burlingame Police Department.
5) Tow companies that are not on the police tow list shall be advised that non-acceptance by the
Burlingame Police Department does not preclude their operation as a tow service.
6) No tow company or tow company officer or employee shall conspire, attempt to conspire, or
commit any action of collusion with any other tow company for the purpose of secretly, or
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otherwise, establishing an understanding regarding the rotation or handling of calls that
would prejudice the operation of the rotation list.
7) The Burlingame Police Department may conduct quarterly meetings to discuss issues
regarding tow rotation. Any such meeting is mandatory for the tow company to attend
through an authorized representative, and failure to attend shall be grounds for suspension
from the rotation list.
8) No tow company shall display any language or engage in any representation or
advertisement indicating an official or unofficial connection with the Burlingame Police
Department or the City of Burlingame.
9) Each tow company warrants that it is an equal opportunity employer and shall comply with
applicable regulations governing equal employment opportunity. Tow company does not
and shall not discriminate against persons employed or seeking employment on the basis of
age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability,
national origin, religion or medical condition, unless based upon a bona fide occupational
qualification pursuant to the California Fair Employment & Housing Act. In performing
services under this Agreement, no tow company nor any company officer or employee shall
discriminate against any person on the basis of age, sex, color, race, marital status, sexual
orientation, ancestry, physical or mental disability, national origin, religion or medical
condition, unless based upon a bona fide safety limitation founded on manufacturer,
Consumer Product Safety, and Department of Justice guidelines.
D. FACILITIES:
1) Any tow company on the rotation list must maintain a place of business within the City of
Burlingame city limits. The facilities must include adequate storage area that is fenced,
locked, and well -lighted. Location of these storage areas must have the approval of the
Burlingame Police Department. At the time that a tow company requests approval of the
Police Department, the tow company shall provide written evidence that the property use
will be in conformance with Chapter 25 (Zoning Code) of the Burlingame Municipal Code.
(Tow operators storing Heavy Vehicles may have an alternate location for the storage of
Heavy Vehicles only. Requests to store Heavy Vehicles outside the City of Burlingame must
be submitted to the Chief of Police in writing, prior to being accepted into the tow rotation.
All out -of -city facilities for Heavy Vehicles are subject to the rules, regulations, and
requirements of these tow truck regulations.)
2) The premises of shall be equipped with signs and/or markings denoting the name of the tow
company, address of business, and a 24-hour telephone number that are clearly visible day or
night.
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E. TOW TRUCKS:
1) Each tow truck shall be clearly marked with the name of the tow company, address of
business, and 24-hour telephone number. The lettering shall be a minimum of two and one
half (2-1/2) inches in height, and the signs shall be placed on both the right and left front
doors of all tow vehicles.
2) A tow company shall equip and maintain at least three (3) tow trucks in accordance with the
provisions set forth in the California Vehicle Code, Title 13 of the California Code of
Regulations, and in a manner consistent with industry standards and practices. In particular:
a. All tow trucks shall have recovery capabilities, wheel -lift capabilities, and a boom
meeting the specifications contained in these regulations. Class D tow trucks used
exclusively for salvage and recovery operations are not required to possess underlift
capabilities.
b. A tow company that has a car carrier is exempted for the recovery, wheel lift„ and
boom capability requirements. However, the car carrier must have an additional unit.
C. Wheel -lift -only trucks may be used in lieu of a boom truck to expedite towing when
use of a boom truck would delay or make the tow more dangerous or difficult.
However, tow companies shall have a boom truck as part of their designated two
truck fleet, and it must be immediately available in the event a wheel -lift- only truck
is not adequate for the tow.
F. TOW COMPANY PERSONNEL:
1) Tow companies shall maintain standard and ethical business practices; owners and/or their
representatives shall be of good character and provide prompt, efficient, and courteous
services to all concerned.
Tow truck drivers shall be employees of the tow companies that dispatch the driver.
Tow truck drivers shall be at least eighteen (18) years of age.
2) Tow truck operators shall demonstrate sufficient knowledge of tow car operation to insure
safe and proper discharge of their service responsibilities.
a. Operators shall possess a proper class of driver license in accordance with Section
12520 of the California Vehicle Code endorsed to allow operation of special vehicle
configurations and special cargoes.
b. Operators shall have knowledge of streets and primary locations within the City of
Burlingame.
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3) Tow companies shall provide and maintain a current list of its officers and drivers with the
Burlingame Police Department. The list shall be updated within seven (7) days of any
change. Each tow company officer and each tow company driver shall complete and file the
information required by the Burlingame Police Department before undertaking any services
related to the rotation list. Each driver and officer shall submit to fingerprinting by the
Police Department, and the Police Department will check criminal background of the driver
or officer before rendering services in connection with the rotation list. The submittal of
false information to the Police Department regarding a driver is grounds for refusal to
authorize the driver to provide services related to the rotation list. The submittal of false
information to the Police Department regarding an officer is grounds for refusal to authorize
or continue to authorize the tow company to participate on the rotation list.
4) Each tow company shall enroll its drivers in the Pull Notice Program of the Department of
Motor Vehicles. Pull notices shall be kept on file, initialed, and dated by the tow company.
5) While involved in operations and related business dealings with the public and the
Burlingame Police Department, tow company personnel shall refrain from any acts of
misconduct, including but not limited to:
a. Rude or discourteous behavior.
b. Lack of service, selective service, or refusal to provide service that the tow company
is capable of performing.
C. Any act of sexual harassment or sexual impropriety.
d. Unsafe driving practices.
e. Exhibiting any objective symptoms of operating a vehicle or equipment while under
the influence of alcohol or illegal drugs.
f Appearing at the scene of a rotation list call with the odor of an alcoholic beverage
emitting from the person's breath. The employee shall submit to a preliminary
alcohol screening test upon demand of a Burlingame Police Department officer.
6) No officer or employee of any tow company shall be allowed to participate in any call or
business activity related to the rotation list if the officer or employee has been convicted of
any of the following within the previous five (5) years:
a. A crime of violence or a crime of moral turpitude, including theft or embezzlement of
property.
b. Felony driving while under the influence of alcohol and/or a drug.
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7) No officer or employee of any tow company shall be allowed to participate in any call or
business activity related to the rotation list if the officer or employee is a registered sex
offender, is a registered arsonist, or has been convicted of any of the following at any time:
a. Theft or embezzlement of a vehicle.
b. Alteration or removal of a vehicle identification number.
c. Fraud involving a vehicle.
G. RESPONSE REQUIREMENTS AND PROHIBITIONS:
1) Prompt and lawful response to calls shall be provided during daytime within ten (10) and no
more than fifteen (15) minutes; during nighttime within fifteen (15) and no more than twenty
(20) minutes.
2) Strict observance of Section 22513 of California Vehicle Code and County Ordinance Code
Chapter 7.64 regulating tow cars is required.
3) Requests by drivers or owners of disabled vehicles for specific tow service shall be honored
by members of this department except when such a situation exists that it is not practical to
honor a specific request, in which instance the next in line tow service on the police rotation
list shall be called.
4) If more than one (1) vehicle is involved in an accident, the company that is called from the
rotation list will handle all of the vehicles involved (except as noted under Item 411) or
except when the investigating officer and/or the officer's superior(s) shall deem it necessary
to call for additional tow services to aid in prompt removal of disabled vehicles and/or
clearing of roadways and/or elimination of hazardous situations; this shall be at the sole
discretion of the investigating officer and/or the officer's superior(s) at which time the next
company on the rotation list shall be called.
5) Tow drivers are responsible for sweeping and removing debris at the accident scene.
6) Any tow truck on the rotation list responding to any accident within the jurisdiction of the
City of Burlingame without being called to the scene of the accident by a Burlingame Police
Department dispatcher will be subject to Subsection K (Failure to Obey).
7) A violation of the Gross Vehicle Weight Rating (GV WR) and safe loading requirements of a
tow truck may be cause for immediate suspension. This includes exceeding the tow truck's
GVWR, front axle weight rating, rear axle weight rating, maximum tire weight ratings, or
not maintaining fifty percent (50%) of the tow truck's unladen front axle weight on the front
axle weight on the front axle when towing.
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8) If towing and/or recovery has begun and is canceled by the vehicle's owner or agent, the tow
company may charge one-half of the regular hourly service charge for the time expended on
the call. (Drop fee) For purposes of cancellation, service begins when physical work on the
vehicle has begun, not the response. No lien shall arise for the service unless the tow
company has presented a written statement to the vehicle's owner or agent for the signed
authorization of services to be performed. The tow company shall not attempt to take
possession of the vehicle in order to establish a lien for any non -towing services performed,
or begun and subsequently canceled, when not entitled to such a lien by law. Civil Code
section 3068.1 establishes when a lien begins.
9) All claim(s) of overcharging by a tow company on the Rotation List will be given a thorough
investigation by the Burlingame Police Department. If the claimant of overcharging can
substantiate said claim, the responsible tow company will be subject to Subsection E (Failure
to Obey).
10) AAA, NAC, STATE FARM, and ALLSTATE tow trucks will not be charged for next in line
if a member is involved in an accident, or is in need of service. This also will be the policy if
a driver or owner requests a tow company that may be on this department's rotation list.
11) Tow truck operators shall not stop at a scene of an accident unless they have been summoned
to render assistance. Tow truck operators shall notify the Burlingame Police dispatcher of the
situation. The dispatcher will then send the next in line rotation tow, or if applicable, to
AAA, NAC, STATE FARM, or ALLSTATE tow service in the City's jurisdiction.
12) Tow company owners or operators shall not telephone or personally come to the police
department to check with the dispatcher to find out their position on the rotation lists.
Complaints regarding tow operations shall be directed to the Director of Traffic of the
Burlingame Police Department.
13) Tow companies shall advise the police dispatcher of the description and license number or
VIN, and location towed from, when towing from private property within thirty (30) minutes
of initiating the tow, or as soon as practicable.
H. STORAGE AND RELEASE:
1) The tow companies on the Burlingame Police rotation system shall provide a receipt with a
copy placed in the stored vehicle and a copy of same to the Police Department whenever any
item is removed from a stored vehicle and taken to another place of storage.
2) All stored vehicles shall be released to their owners or representatives within thirty (30)
minutes, 24 hours a day. All personal property within the vehicle shall be given to the owner
or owner's authorized representative upon request regardless of the stored and/or held status
of the vehicle, with the EXCEPTION OF IMPOUND vehicles. This can be ascertained by
checking the Burlingame Impound Form. If the IMPOUND box is checked, then DO NOT
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RELEASE the vehicle or contents, but advise the owner or owner's representative to obtain a
release from the Burlingame Police Department prior to release of the vehicle.
3) Any tow operator with a business office which is in a different location than its storage yard
shall allow all persons the opportunity to pay fees owed at the storage yard within the city
limits. No person shall be made to leave the city to pay fees due, then return to the city to
retrieve the person's vehicle. Any person who retrieves the person's vehicle directly from a
storage yard will be provided with a copy of the tow fee schedule, along with all other
required documentation.
I. RECORDS:
1) Records shall be maintained by each tow company of all tow services Punished under the
Burlingame Rotation List. Such records shall include, but are not limited to: description of
vehicle towed, nature of tow services, time and location of call. Statement of services
provided and fee for same shall be furnished to the motorist. These records and pull notices
of all drivers shall be available for inspection at any time as requested by the Police
Department.
2) Tow records maintained by the Burlingame Police Department can be reviewed by tow
company owners with the permission of any of the following: the Chief of Police, Operations
Division Commander, or Director of Traffic of the Burlingame Police Department.
3) All tow companies on the Burlingame Police rotation system will keep the maintenance of
records of stored vehicles and notices as required by California Vehicle Code and Civil
Code, in particular Sections 10650,10652, 10652.5, 10653, and 22851 of the Vehicle Code
and Sections 3071, 3072, and 3073 of the Civil Code; to furnish a copy to the Chief of Police
of the form that the tow company is required to fumish the Department of Justice by
registered mail of the storage of vehicles over thirty (30) days.
4) All records to be maintained by tow companies shall be maintained and available for at least
three (3) years following time period reflected in the record.
I FEE SCHEDULE:
1) Towing of a disabled vehicle from the scene of an accident, day or night ....................$160.00
This fee shall include:
a) The use of a winch, torches or hydraulic jacks to right, separate, or pull vehicles at
the scene of an accident.
b) Disconnection and re -connection of drive shaft when required in towing.
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C) The use of a "cradle snatcher".
2) Towing of an unattended vehicle from a public street, or an abated vehicle when authorized
by a police officer or other authorized employee; i.e., tow -away zones, traffic hazard,
arrests............................................................................................................................. $160.00
3)
4)
5)
6)
These charges shall include any charge for unlocking a vehicle when necessary
Use of dolly or Flat Bed in lieu of dolly.........................................................................$ 30.00
In order to be entitled to payment for dolly use, the need for use of the dolly must be
documented on Form CHP 180 and initialed by the tow driver and a Burlingame police
officer at the scene. The tow driver is responsible for obtaining an officer's initials. If a flat
bed is used in lieu of a dolly, this must also be documented by the officer and tow driver at
the scene. An officer's initials are not required if the tow is not subject to this rotation list. It
is the tow driver's responsibility to clearly articulate to the officer at the scene, the reason for
using the flat bed as a substitute for dollies. Use of a flat bed alone does not justify an
additional fee. Only the use of a flat bed in a dolly situation justifies the additional fee.
Extraordinary services
When, in connection with towing services, a person engaged in towing under these rules and
regulations, incurs expenses or furnishes services that have not been provided for, and they
appear to be reasonably necessary under the circumstances, (s)he may submit written
application for higher fees to the Director of Traffic.
Storage for each twenty-four (24) hour period or fraction thereof in excess of the first four
(4) hours following towing to a place of storage.
a. Enclosed or open storage.................................................................................. $ 45.00
Exception for Heavy Vehicles
For services or materials furnished in towing or storing vehicles over one ton load capacity,
and based on difficulty and equipment required, the following rates and fees shall apply:
a. Class B Truck....................................................................................................$300.00
b. Class C Truck....................................................................................................$375.00
C. Class D Truck....................................................................................................$400.00
d. Storage for Heavy Vehicles...............................................................................$60.00
(Subject to same rules as standard vehicle)
For Heavy Vehicles in excess of 20' the tow operator may charge $75.00 per 20 feet, in lieu
of but not additional to flat rate.
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7) Use of forklift to remove vehicles from storage (this does not apply during first 72 hours of
storage)...........................................................................................................................$ 40.00
8) Gate fee..........................................................................................................................$ 40.00
A Gate Fee may be charged to an owner or his authorized agent, by the storing tow company,
for providing after hours access to the storage yard for purposes of release of vehicle or other
access, such as for retrieval of personal items or appraisal.
"After hours" for purposes of the gate fee means between 5 p.m. and 8 a.m. on Mondays
through Fridays, and any time on Saturdays, Sundays, and holidays. Holidays are January 1,
the third Monday in January; the third Monday in February, the last Monday in May, July 4,
the first Monday in September, the second Monday in October, November 11, the fourth
Thursday in November, and December 25.
9) A copy of this fee schedule shall be prominently posted in the public area of the principal
place of business of each person in the tow business that is on the Police Rotation List so as
to be easily read by members of the public.
K. FAILURE TO OBEY:
1) Failure to obey listed requirements, conditions, or fees:
a. 1 st offense within a calendar year, removal from rotation for 30 days.
b. 2nd offense within (1) one year of the first offense, removal from rotation for 90
days.
c 3rd offense occurring within (1) one year of the first offense, removal from the
rotation list. Business may reapply for placement on the rotation list after 12 months
from date of suspension.
2) Notwithstanding the suspensions specified above, if the Burlingame Police Department
determines that a tow company has violated (B) above, the tow company shall be suspended
from the rotation list for a period of three (3) years, at which time the tow company may
apply for reinstatement.
3) A suspended tow company and its owners shall not be eligible for placement on the rotation
list for the duration of the suspension. This provision applies to an owner working in any
capacity within any tow company, and as to a tow company, even if operated under new
owners.
4) In the event that the Burlingame Police Department determines that disciplinary action is
appropriate, the Department shall provide notice of the proposed discipline to the tow
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company. The tow company may request a hearing within seven (7) calendar days by
submitting a request in writing to the Chief of Police. The hearing shall be conducted by the
Chief of Police or the Chief' designee. The tow company shall be entitled to present
testimony in support of the tow company's position. The Chief of Police or the Chief's
designee shall notify the tow company of the decision on the appeal within ten (10) days of
the completion of the hearing. The decision of the Chief of Police or the Chief's designee
shall be final and conclusive on the tow company.
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