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
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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.
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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) 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.
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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.
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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
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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
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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.
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