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HomeMy WebLinkAboutReso - CC - 067-2002RESOLUTION NO. 67-2002 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AMENDING ROTATION TOW TRUCK REGULATIONS AND AUTHORIZING INCREASED RATES FOR CHARGES BY TOWING BUSINESSES ON 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 qualifications placed on towing businesses under the rotation list is that their maximum charges be subject to City approval; and WHEREAS, D&M Towing and Tressers Towing have requested that the City allow increased charges for towing and storage consistent with nearby agencies; and WHEREAS, a survey of other agencies shows that the proposed rates and charges are consistent with other agencies' allowances; and WHEREAS, the regulations need amendment to ensure consistency of language and practice and to clarify certain aspects of the rates and charges, NOW, THEREFORE, IT IS RESOLVED AND ORDERED: 1. The following maximum charges are authorized for use by towing businesses on the Burlingame Police Department rotation list: Description of Service Towing disabled vehicle Towing abandoned vehicle Storing of towed vehicle Maximum Charge $150 $150 $ 45 / day (storage for each 24-hour period or fraction thereof in excess of first 8 hours of storage after tow) Use of dolly $ 30 Use of forklift to remove from $ 40 (does not apply during first 72 hours of storage) storage Heavy vehicles Not to exceed $250 Gate fee $ 40.00 (for release or access after hours as defined 2. The Rotation Tow Truck Regulations contained in Exhibit A hereto are approved. MAYOR I, ANN T. MUSSO, 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 thel71&y of June 2002, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: BAYLOCK, COFFEY, GALLIGAN, JANNEY, O'MABONY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCII,MEMBERS: NONE 2 2 IrMAP. IY BURLINGAME POLICE DEPARTMENT Rotation Tow Truck Regulations A. OBJECTIVE: 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 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 owners 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. D & M, is to be called for National Tow, Allstate., and AAA. 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. 6/6/2002 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) 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 and locked. Location of said storage areas must have the approval of the Burlingame Police Department. 4) All tow companies shall furnish evidence of liability insurance 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. 5) The premises of, and all tow vehicles used by tow companies on the rotation lists, shall be equipped with clearly visible signs and/or markings denoting the name of the tow company, address of business, and 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. 6) Records shall be maintained of all tow services furnished. Such records are to 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 shall be available for inspection at any time as requested by the Police Department. 7) 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. 8) 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. 6/6/2002 b. Operators shall have a knowledge of streets and primary locations within the City of Burlingame. 9) 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. 10) 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 #11) 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. 11) 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 E (Failure to Obey). 12) 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). 13) AAA, NAC, 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. 14) 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, or ALLSTATE tow service in the City's jurisdiction. 15) All stored vehicles shall be released to their owners or representatives within thirty (30) minutes, 24 hrs. 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 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. 6/6/2002 16) 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. 17) All tow records can be reviewed by tow company owners with the permission of any of the following: the Chief of Police, Patrol Commander, or supervising Traffic Sergeant of the Burlingame Police Department. 18) 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. 19) All tow trucks on the Burlingame Police rotation system will be maintained in compliance with the provisions of Sections 24605, 25253,25300, 27700, and 27907 of the California Vehicle Code. 20) Tow drivers are responsible for sweeping and removing debris at the accident scene. 21) 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 furnish the Department of California Highway Patrol by registered mail of the storage of vehicles over thirty (30) days. 22) Prompt and lawful response to calls shall be provided during daytime within ten (10) to fifteen (15) minutes; during nighttime within fifteen (15) to twenty (20) minutes. 23) Strict compliance is required with Section 22513 of California Vehicle Code and County Ordinance Code Chapter 7.64 regulating tow cars. 24) Tow companies will advise the police dispatcher of the description and license number or VIN, and location towed from, when towing from private property. 25) 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. D. FEE SCHEDULE: 1) Towing of a disabled vehicle from the scene of an accident, day or night......... $150.00 6/6/2002 4 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. 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, traffichazard, arrests......................................................................................... $150.00 These charges shall include any charge for unlocking a vehicle when necessary 3) Use of dolly........................................................................................................ $ 30.00 4) 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. 5) 6) Storage for each twenty-four (24) hour period or fraction thereof in excess of the first eight (8) 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 based on difficulty and equipment required.................................................................... Not to exceed $250.00 7) Use of forklift to remove vehicles from storage (this does not apply during first 72 hours of storage.................................................................... $ 40.00 I Gatefee........................................................................................................ $ 40.00 A Gate Fee may be charged to an owner or his authorized agent, by the storing tow 6/6/2002 5 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. E. FAILURE TO OBEY: Failure to obey listed requirements, conditions or fees: 1) 1st offense within a calendar year, removal from rotation for 3-0 days. 2) 2nd offense within (1) one year of the first offense, removal from rotation for 90 days. 3) 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. 6/6/2002