Resolution 1985-12
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RESOLUTION NO. 85-12
RESOLUTION OF THE COUNCIL OF THE CITY OF
GILROY ADOPTING ADMINISTRATIVE RULES AND
REGULATIONS FOR TOWING SERVICES
WHEREAS, the Chief of Police has prepared and
recommended adoption of the attached Administrative Rules
and Regulations for Towing Services in the City of Gilroy,
and good cause appearing therefor,
NOW, THEREFORE, BE IT RESOLVED that the Council
of the City of Gilroy approves the attached Administrative
Rules and Regulations for Towing Services consisting of
three pages and adopts the same to regulate Towing Services
in the City of Gilroy.
PASSED AND ADOPTED this 19th day of February 1985
by the following vote:
AYES:
COUNCILMEMBERS: ALBERT, GAGE, KLOECKER
MUSSALLEM, PATE, VALDEZ
and HUGHAN
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: None
f:y~
ATTEST:
AZU~~id~
RESOLUTION NO. 85-12
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TOWING SERVICES
Pursuant To Section 24A Gilroy Municipal Code
The following rules and regulations are established for the effective
administration of Towing Services in Gilroy and supplement the requirements
of Section 24~ of the Gilroy Municipal Code.
GENERAL:
1. Towing and emergency road service is to be provided on a 24-hour
per day basis. If an answering service is used during evening hours and
weekends, it shall be the responsibility of the tow company to instruct
the answering service regarding regulations and response times for that
company's equipment.
2. Each firm must maintain a place of business within the city limits
of Gilroy.
3. Each firm shall maintain an adequate number of storage spaces
inside a secure building for the storage of police evidence impounds and
vehicles containing large amounts of valuable items.
4. At no time is a stored or impo~~ded vehicle to be stored outside
the City of Gilroy, unless it is an abandoned vehicle to be dismantled.
5. Vehicles shall be parked in such manner that easy access may be
made by police and vehicle owners or their representatives.
6. Outside storage areas must be fenced and secured during all non-
business hours or when not attended by a company employee.
7. Nothing contained herein restricts, affects, or otherwise abrogates
Vehicle Code provisions relating to vehicular towing including but not limited
to:
cve Sections 2800 and 2806 regarding inspections.
CVC Sections 10650 through 10658 generally.
cve Sections 2813 and 2814 regarding inspections.
cve Section 10650(a) regarding State records maintenance requirements
(after 12 hours of storage).
CVC Section 10652.5 regarding fees.
TOW TRUeK AND EQUIPMENT:
1. Each firm must maintain a minimum of one tow truck in-service and
available for calls.
2. Each tow truck shall comply with California Vehicle Code section
27700 regarding the removal of glass and debris from the roadway, being
equipped with a shovel and fire extinguisher and California Vehicle Code
section 27907 pertaining to the display of the name, business address and
telephone number of the Tow Service.
3. Each tow truck shall at all times carry a floor type hydraulic jack
with a minimum rating of one and one quarter tons (l~). This jack shall be
the rolling type for use in separating damaged vehicles and removing persons
and objects from underneath damaged vehicles.
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'4. All tow trucks shall be equipped with the standard service devices
such as battery jumper cables, tire changing tools, reasonable quantities
of gas, oil and water, and tools for use in gaining entry to locked vehicles.
5. Tow trucks will be required to arrive at the scene of a service
within 15 minutes of notification. If the truck has not reached a scene
within the time allowed, the next firm in line will be called and the original
firm placed on the bottom of the rotation list. Numerous violations of this
requirement will result in the suspension or removal of the Tow Service
involved.
6. Each towing firm shall be willing to accept all calls for service no
matter what the nature and accept the assignment of a vehicle by an officer
at any accident scene.
7. Specific dismantler firms may be called strictly for abandoned
vehicle abatement. These calls will not be counted on rotation policy.
8. In the event that no separate system for abandoned vehicle abatement
can be established, rotation tow operators shall take them as a regular rotation
RESPONSE TIME:
1. Each firm shall notify the police department if,at the time of
request, the equipment is not available for immediate response~ At no time
is a firm to accept a call for service from the police department and then
in turn assign the request to another firm.
2. If a firm fails to answer the phone or fails to respond after
notification, that firm will be rotated to the bottom of the list. Numerous
infractions will result in the suspension or removal from the rotation list.
3. Each firm shall assume responsibility for giving prompt service,
taking any vehicle regardless of age or condition, and promptly clearing
the accident scene of vehicles, debris and glass.
CHANGES IN OWNERSHIP:
1. Any change of ownership of the firm will be reported in writing
to the -Chief of Police -within 15-days.
2. The owner(s) of each firm shall make written notification to the
police department of change of address or telephone number within 15 days
of change.
3. The position on the rotation list is not automatically transferred
with the sale of the company. The new ownership must make application for
a position on the rotation list.
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FEES AND CHARGES:
1. Any change in the stated fees shall be made to the police
department in writing 30 days prior to implementation.
2. A complete list of all charges and fees shall be posted in
all tow trucks and also at the firm's place of business. These signs
must be visible to customers.
3. No charges in excess of normal charges will be made as a
result of a rotation tow response.
TOW TRUCK OPERATORS:
1. Each firm shall maintain excellent business practices and
owners and employees shall be courteous when dealing with the motoring
public.
2. Tow truck operators shall demonstrate sufficient knowledge
of tow truck operations, to insure safe and proper discharge of their
service responsibilities.
3. Tow truck operators shall possess a proper class of driver's
license according to secion 12804 of the California Vehicle Code.
4. Tow operators shall not stop at a scene of an accident other
than in an emergency unless they have been summoned to render assistance
or are performing contract services for members of any club or associ-
ation. Tow operators shall notify the Gilroy Police Department of the
situation and the dispatch center shall send the next tow in line un-
less specific service is required or requested.
5. Tow operators are not to call the Gilroy Police Department
to learn their position on the rotatio~ list. All complaints regarding
the rotation tow system should be made to the on-duty Watch Commander
or the officer in charge of the towing program.
6 .
~eeping, a
Department
held.
When anything of value in a vehicle is removed for safe-
notice shall be left -wi ththe vehicle -and "Gilroy Police
shall be notified,in writing of the contents and where
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I, SUSANNE E. STEINMETZ; City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 85-12
is an
original resolution, duly adopted by the Council of the City of
Gilroy at a regular meeting of said Council held on the 19th
day of
February
, 19 ~, at which meeting a quorum was
present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Official Seal of the City of Gilroy this
19 85 .
20th day of February
~!p.
City Clerk of the City 0
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