HomeMy WebLinkAboutORD 1177ORD 1177 $Í ;¢f4 ž 4 ORDINANCE NO. 1177
AN ORDINANCE OF THE CITY OF BALDWIN PARK.
COUNTY OF LOS ANGELES. STATE OF CALIFORNIA.
AMENDING SECTIONS 100.020 AND 100.090 OF TITLE X.
CHAPTER 100 OF THE BALDWIN PARK MUNICIPAL CODE
RELATING TO THE ESTABLISHMENT AND REGULATION
OF OFFICIAL POLICE TOW SERVICES
WHEREAS, the City Council has established comprehensive regulations that define
reasonable expectations for Official Police Tow Services in the City of Baldwin Park;
and
WHEREAS, the City Council desires to clarify the scope of services governed by
Title X. Chapter 100 of the Municipal Code relating to the regulation of Official Police Tow
Services; and
WHEREAS, the City Council desires to enforce fair and reasonable regulations in
order to insure full compliance by the Official Police Tow Service providers.
NOW. THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
DOES ORDAIN AS FOLLOWS:
Section 1. Title X, Chapter 100 of the Baldwin Park Municipal Code is hereby
amended by the following changes to establish and regulate Official Police Tow Services
in the City of Baldwin Park, which sections shall read. in their entirety as follows:
Section 100.020 DEFINITIONS.
For purposes of this chapter, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
OFFICIAL POLICE TOW SERVICE. A towing company having a
franchise with the City of Baldwin Park to provide towing services to the
police department. An Official Police Tow Service shall be used by the police
department for any situation where a tow truck is required. Exception: This
Chapter does not apply to or govern any towing services required for the
following: Tractors, trailers, or other vehicles larger than a passenger
vehicle; emergency hazardous materials; or other special assignments as
determined by the police department.
TOW CAR or TOW TRUCK. A motor vehicle which has been altered or
designed and equipped for, and exclusively used in the business of. towing
vehicles by means of a crane, tow bar, tow line. flat bed, roll back. or dolly, or
is otherwise exclusively used to render assistance to other vehicles.
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ATTENDANT or OPERATOR. A trained and/or qualified individual
responsible for the operation of a tow car, tow truck or vehicle storage facility.
STORED VEHICLE. Any vehicle removed from a site and taken to a
tow yard at the direction of a police department employee, and for which a
vehicle report currently, from CHP 180) is provided to the Official Police Tow
Service.
IMPOUNDED VEHICLE. Any vehicle containing evidence of criminal
activity, or which in and of itself provides evidence of a criminal act, that is
removed from a site and taken to the tow yard at the direction of a police
department employee and for which a vehicle report currently, form CHP
180) is provided to the Official Police Tow Sen/ice.
HOLD FOR EVIDENCE. A designation by the storing/impounding police
department employee requesting a level of care about that generally
accorded to stored or impounded vehicles. Within 10 ten) calendar days
after the date of the tow, the Official Police Tow Service shall contact the
handling police department employee for further instructions as to the
handling and disposition of any vehicle designated as HOLD FOR
EVIDENCE".
DIRECTOR OF FINANCE. The position which is charged with the
administration of the financial affairs of the city.
SECTION 100.090. SELECTION OF FRANCHISEES
At least ninety 90) calendar days prior to the date an existing Official Police
Tow Service franchise is due to expire, or whenever the Chief of Police or his
or her designee determines that the City has established need for a new or
additional tow truck operator to provide Official Police Tow Services to the
City. the Chief of Police or his or her designee shall request that the
Department of Finance send out a notice of Request for Qualifications for a
tow truck operator. The request for qualifications shall be prepared by the
Department of Finance and shall be approved by the Chief of Police or his or
her designee. Any proposals shall be reviewed by the Chief of Police or his
or her designee. The Chief of Police or his or her designee shall select the
most qualified proposal(s), if any. and shall conduct a background
investigation on the operator, his/her employees, as well as verify all
information included in the proposal submitted to the city.
Upon successful completion of the background investigation, the Chief of
Police or his or her designee shall recommend in writing to the City Council
the award of a franchise based on the bidder's compliance with the objective
criteria established by this chapter. In preparing requests for and evaluating
proposals received by the City. the Department of Finance and the Chief of
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Police or his or her designee shall comply with the procedures and criteria
adopted by this chapter.
Tho City Council has the discretion to grant a franchise to a tow truck
provider that does not meet each of the requirements set forth in this
Chapter. but only where it is determined that full and complete compliance
shall be achieved within six 6) months of the date the franchise is awarded.
For the purpose of this section, the City has an established need for a new or
additional Official Police Tow Service if any of the following occurs:
I. An existing Official Police Tow Service's Franchise is
revoked in accordance with the provisions of Section
100.245 of this Chapter.
II The response times of all of the existing Official Police Tow
Services fail to meet the average response time required by
Section 100.220 because of a demonstrable increase in the
volume of official tows.
III. City annexes additional area and the Chief of Police or his
or her designee. in his/her sole discretion, determines that
the increased area and population warrant additional Official
Police Tow Services to adequately protect the public health.
safety and welfare.
Section 2. If any sections, subsection, sentence, clause, phrase, or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by a court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
ordinance. The City Council of the City hereby declares that it would have adopted this
Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof
irrespective of the fact that any one or more section, subsection, sentence, clause, phrase
or portion may be declared invalid or unconstitutional.
Section 3. That this Ordinance shall become effective 30 days after adoption.
Section 4. that 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.
PASSED. APPROVED and ADOPTED this 2nd day of May. 2001.
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ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss:
CITY OF BALDWIN PARK
I. ROSEMARY M. RAMIREZ. Deputy City Clerk of the City of Baldwin Park do hereby
certify that the foregoing Ordinance No. 1177 was introduced for first reading at a City
Council meeting held April 18. 2002 and adopted on second reading at a regular City
Council meeting held May 2, 2002. by the following vote of the Council:
Marten Garcia. Ricardo Pacheco, and Mayor
Manuel Lozano
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBER:
COUNCIL MEMBER: Bill Van Cleave and Mayor Pro Tern Linda Gair
COUNCIL MEMBER: NONE
COUNCIL MEMBER: NONE
Rosemary F^rWei^CMC
Deputy City Clerk
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