3951FOLLOWS:
ORDINANCE NO . ' 3951
AN ORDINANCE OF THE CITY OF ANAHEIM AMEND-
ING TITLE 4 OF THE ANAHEIM MUNICIPAL CODE
BY ADDING CHAPTER 4.75 RELATING TO TOWING
OR IMPOUNDING VEHICLES FROM PRIVATE
PROPERTY.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
SECTION 1.
That Title 4 of the Anaheim Municipal Code be, and the
same is hereby, amended by adding to Title 4, Chapter 4.75 to read
as follows:
4.75.010 Definitions
"Illegally Parked Vehicle" - Any vehicle
that is parked in violation of the laws of the City of
Anaheim, County of Orange and State of California.
"Tow Services" - Any service whereby vehi-
cles are towed or otherwise removed from one place to
another.
"Tow Truck" - Any vehicle or device used
to tow or otherwise remove vehicles from one place to
another.
"Public Automobile -Storage Facility" -
Any vehicle storage facility which provides to the public
the service of storing or holding vehicles.
4.75.020 Permit Required
It is unlawful for any person, association,
firm, or corporation to engage in, conduct, or carry on,
the business of towing or impounding illegally parked
vehicles from a private property location within the City
of Anaheim in the absence of a permit issued pursuant to
the provisions hereinafter set forth.
4.75.030 Application Fee
.010 Any person desiring to obtain a permit to
tow or impound illegally parked vehicles from private
property locations with the City of Anaheim shall make
application pursuant to Section 4.75.110 of this Chapter.
.020 Each application shall be accompanied by
an application fee of $100.00.
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4.75.040 Application Contents
An applicant for a permit shall submit the
following information:
.010. The full name and present address of the
applicant.
.020 The location, description, and hourly avail-
ability of the tow trucks owned or operated by the applicant.
.030 The addresses of the available public auto-
mobile storage facilities that the applicant will use for
housing all vehicles towed from private property.
.040 Written proof that the applicant is over
eighteen (18) years of age.
.050. The names, addresses and driver's license
numbers of all tow truck operators employed by the permittee.
.060 The business, occupation, or employment his-
tory of the applicant for the three (3) years immediately
preceding the date of the application.
.07.0. The business license and permit history of
the applicant, owner, or profit interest holder in the tow
service.
.080 All criminal convictions to include vehicle
code violations.
.090. Such other identification and information
reasonably necessary to effectuate the purpose of this
Chapter.
4.75.050. Display of Permit
Every tow truck operator and driver perform-
ing towing services. of illegally parked vehicles from pri-
vate -property in the City, of Anaheim shall have on his
person a valid permit or copy thereof issued pursuant to
this Chapter.
4..75.060 Sale or Transfer
Upon the sale or transfer of any ownership
or profit interest whether present or prospective in a tow
service,. the permit issued hereunder shallbe null and void.
A new application shall, be made deleting the person who no
longer holds any ownership or profit interest and naming
the person who has been sold or transferred ownership or
profit interest -in the tow service. A fee.of One Hundred
Dollars ($100.00) shall -be payable for the application and
all the provisions of this Chapter shall apply to such new
application.
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4.75.070 Notification
Before authorizing a tow service to -
remove any illegally parked vehicle from private prop-
erty, the owner or person in lawful possession of the
private property. must notify the Anaheim Police Depart,
ment of:
.010 The name, address and phone number of the
person authorizing removal of the illegally parked vehi-
cle from private property.
.020 The location of the private property from
which 'the vehicle is to be removed.
.030 The name, address and telephone number of
the location where the vehicle is to be stored.
.04.0 The license number, model and color of the
vehicle to be removed.
.050 The name and address of the person report-
ing the private. property impound.
It is the responsibility of the permittee
and his tow .service operator to. ensure that -the Anaheim
Police Department is notified by the owner or person in
lawful possession of the private property prior to -the tow
service operator removing any illegally parked vehicle.
The tow service operator, if authorized by the owner or
person in possession of the private property, may notify
the Anaheim Police Department on behalf of the owner or
person in possession of the private property.
4..75.080 Storage Facility
The illegally parked vehicle removed from
private. property shall be towed or otherwise transported
to the nearest available public automobile storage facility.
The nearest available public automobile storage facility -is
defined as that facility which is closest to the private
property. from which the illegally parked vehicle was towed
or otherwise removed.
4.75.09.0
property
visible
trance.
visible
ing area
Warning Signs
The permittee shall not tow from private
unless the private property has displayed signs
.from twenty-five (25) feet at
There shall also be displayed
from 25. feet, for each 22,.500
. Each sign shall contain the
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each vehicular en -
one additional sign,
square feet of park -
following message:
NO PARKING
UNAUTHORIZED VEHICLES SUBJECT TO
TOW -AWAY AT OWNER'S EXPENSE
CVC 22658 - AMC 14-32..22.0.
Anaheim Police Telephone 533-3333
4.75.100. Rates
The permittee shall maintain on file with
the Anaheim Police Department a current rate schedule in-
dicating all charges for towing and storage services.
The charges' for towing and storage services -of illegally
parked vehicles removed from private property shall be
assessed according to the rate. schedule on file at the
Anaheim Police Department.,
4.75.110 Permit Procedures
Any applicant for a permit pursuant to
these provisions shall obtain from, complete and return
permit application to the License Collector who shall
forward the completed application to the Chief of Police.
The Police Department of the City of Anaheim will there-
after notify the permit applicant of a date and time in
which to personally appear at the Police Department. The
Chief of Police shall have a reasonable time in which to
investigate the application and the background of the
applicant. Based upon such investigation, the Chief of
Police, or his representative, shall tender a recommendation
as to the approval or denial of the permit to the License
Collector.
The City Building Division and the Fire
Department shall inspect the premises proposed to be de-
voted to that of an automobile storage facility and shall
make recommendations to the License Collector.
The Chief of Police shall not recommend
issuance or granting of a permit -if, based upon his in-
vestigation, he finds any one or more of the following:
(1)- evidence shown that the permit appli-
cant has deliberately falsified the application; or
(2) the permit applicant fails to furnish
the information and documents required by this Chapter;
or
(3) the preceding record of such permit
applicant reveals -a conviction or a plea of nolo contendre
or guilty. to a misdemeanor or felony crime of moral tur-
pitude; or
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(4) the preceding record reveals that the
permit applicant permitted, through an act or omission or
commission, his or her employee or agent to engage in any
type of offense,' misdemeanor, or felony, involving moral
turpitude. Under such circumstances, the conduct of the
applicant's employee or agent, if such conduct resulted
in a conviction or a plea of nolo contendre or guilty,
will be considered imputed to the permit applicant for
purposes of permit denial; or
(5) it determines that an inspection or
investigation by the City Building Division, Police
Department, or Fire Department reveals a deficiency, vio-
lation or course of conduct that endangers the peace,
health, safety and general welfare of the public; or
(6) the operation as proposed by the ap-
plicant, if permitted, would not comply with all appli-
cable laws including, but not limited to, the Anaheim
Municipal Code; and
(7) the preceding record reveals that -the
permit applicant has conducted his business in an unethi-
cal or discourteous manner; or
(8) the applicant is not .of the age of 18
years or older.
The License Collector, after receiving the
aforementioned and described recommendations, may in his
or her discretion and judgment grant or deny a permit.. In
the event the permit is denied by. the License Collector,
written notice of such denial -shall be given to the appli-
cant specifying the grounds for such denial. Notice of the
denial of the permit shall be deemed to have been served
upon personal service of applicant or when deposited in the
United States mails with postage prepaid and addressed to
the applicant at his last known address. Such refusal to
issue a permit may be appealed to the City Council under
the procedures as set forth below.
Within thirty (30). days- from the date of
denial, any person denied a permit pursuant to these pro-
visions by the License Collector may appeal to the City
Council in writing stating reasons why the permit should
be granted. The'City Council may grant or deny the permit,
and such decision shall be final upon the application.
Also, the City Council may elect, on its own motion, to
-^ review any determination of the License Collector granting
or denying a permit.
ferab le.
All permits issued hereunder are nontrans-
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4.75.120. Suspension or Revocation of Permit
The City Council may suspend or revoke the
permit issued hereunder:
(1) when it determines that .the permit
holder violated or permitted other persons to, violate,
through an act of omission or commission by the permit
holder, any felony or misdemeanor offense involving moral
turpitude or any act of discourteous or unethical conduct;,
or
(2) when it determines that ,the permit
holder, his agent, or employee was on notice, or knew
of, or should have known of, a violation of the Anaheim
Municipal Code including, but not limited to, the provi-
sions of Chapter 4.75, and failed to comply with that
Anaheim Municipal Code Section; or
(3.) when it determines that .an inspec-
tion or investigation by the City Building Division,
Police Department, or Fire Department reveals a defici-
ency, violation, or unethical or discourteous course -of
conduct that endangers the peace, health, safety and
general welfare of the public.
In each subdivision of this section, no
permit shall be suspended or revoked unless hearing and
notice thereof be given. Notice of such hearing shall
be given in writing and served at least five (5) days
prior to the date of hearing thereon. The notice shall
state the ground of the complaint against the holder of
such permit, or against the business carried on by the
permittee at the tow service, and shall, state the time
and place where such hearing will be held.
This notice shall be served upon the permit
holder by delivering the same to such person or by leaving
such notice at the place of business or residence of the
permit holder. If the permit holder cannot be found with
due diligence and the service of such notice cannot .be
made in the manner herein provided, a copy of such notice
shall be mailed, postage fully prepaid, addressed to the
permit holder at his place of business -or residence at
least five (5) days prior to the date of such hearing.
It is unlawful for any person to conduct
or carry on the business of towing illegally parked vehi-
cles from private property until a permit, suspended or
revoked, has been reinstated by the City Council.
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4.75.130 Business License
Nothing herein shall constitute a waiver of
the requirements for the issuance and possession of a busi-
ness license.
4.75.140. Term of Permit - Renewals
Subject to revocation or suspension, the
permit shall expire after a term of two (2). years. The
permit may thereafter be renewed. Applications for re-
newal shall be subject to all provisions of the ordinance
codified in this Chapter.
4.75.150 Applicability of Regulations to Existing
Businesses
The provisions of this Chapter shall be ap-
plicable to all persons and businesses described herein
whether the herein described activities were established
before or after the effective date of this Chapter, except
that those in business as of the date of the enactment of
this ordinance shall have thirty (3.0) days to comply with
the terms herein.
4.75.160 Violation and Penalty
Every person, whether acting as an indivi-
dual owner, employee of the owner, operator or employee
of the operator, or whether acting as a mere helper for
the owner, employer or operator, or whether acting as a
participant or worker in any way, who operates or con-
ducts a towing service pursuant to this Chapter without
first obtaining a permit and paying for a license to-do
so from the City of Anaheim or shall violate any provisions
of this Chapter, shall be guilty of a misdemeanor.
Any tow .service establishment operated,
conducted or maintained contrary to the provisions of
this Chapter is unlawful and a public nuisance, and the
City Attorney may,.in addition to or in lieu of prosecut-
ing a criminal action hereunder, commence an action or
actions, proceeding or proceedings for the abatement,
removal and enjoinment thereof, in the manner provided
by law and shall take such other steps and shall apply
to' such court or courts as may have jurisdiction to
grant such relief as will abate or remove such tow ser-
vices from the City of Anaheim and restrain and enjoin
any person from operating, conducting or maintaining a
tow service in the City of Anaheim contrary to the provi-
sions of this Chapter.
Mc
SECTION 2. SEVERABILITY.
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this chap-
ter of the Code, hereby adopted, be declared for any reason to be
invalid, it is the intent of the Council that 'it would have passed
all other portions of this chapter independent of the elimination
herefrom of any such portion as may be declared invalid.
SECTION 3.
The City Clerk shall certify to the passage of this or-
dinance and shall cause the same to be printed once within fifteen
(15) days after its adoption in the Anaheim Bulletin, a newspaper
of general circulation, printed, published and circulated in said
City, and thirty (30) days from and after its final passage, it
shall take effect and be in full force.
THE FOREGOING ORDINANCE is approved and a
City Council of the City. of Anaheim thi!OOOL
19t}� day
l
1978. �
ATTEST:
CTTYICLERK OF THE TITY OF ANAHEIM
HPB:fm
-8-
ted by the
December ,
STATE. OF 'CALIFORNIA - )
COUNTY OF ORANGE ) ss:-
CITY OF ANAHEIM )
I, LINDA -.D. ROBERTS, City Clerk -.of the' City of Anaheim, do .hereby. certify
that -the foregoinng-Ordinance:No.'3951 was:introduced'.at a.regulat.meeting of
the'. City- Council of: the'. City. of Anaheim, .held- on:. the":12'th-. day .of December, 1978,
and that the'same was duly-passed'and.adopted'.at a.regulat.meeting of'said
City -Council held on the 19th day of'Decembei', 1978., by the' -following vote of the
members thereof:
AYES: COUNCIL MEMBERS:' Overholt,-Raywood, Kott, Roth and Seymour
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: -None'
AND I FURTHER.'CERTIFY that.the'-Mayor'of'the'City-..of'Anaheim signed said
Ordinance No. 3951 on�. the` 19th day ,of .December, 1978...
IN WITNESS WHEREOF, I have .hereunto�.set'. my hand and affixed ..the'. official
seal of the'City of Anaheim thiij 19th day of'December, 19781.
AP
CITY CLE .OF.THE'CITY.OF'ANABEIM
(SEAL)
I, LINDA D. ROBERTS; City Clerk of the City of Anaheim, do hereby certify
that the foregoing '-s the original Ordinance No. 3951 and was published once in
the Anaheim Bulletin on the 29th day of December, 1978.
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