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4289ORDINANCE N0. 4289 AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING TITLE 4, CHAPTER 4.75 OF THE ANAHEIM MUNICIPAL CODE AND ENACTING A NEW TITLE 4 CHAPTER 4.75 .. PERTAINING TO THE TOWING OR IMPOUNDING VEHICLES FROM PRIVATE PROPERTY. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: RRrTTON 1 _ That Title 4 Chapter 4.75 of the Anaheim Municipal Code be, and the same is hereby repealed. GR(`TT(1N 9 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 TOWING OR IMPOUNDING VEHICLES FROM PRIVATE PROPERTY 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 vehicles 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. -1- 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 $500.00. 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 availability of the tow trucks owned or operated by the applicant. .030 The addresses of the available public automobile 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. .070 The business license and permit history of the applicant, owner, or profit interest holder in the tow service. .080 All criminal convictions including 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 performing 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. -2- 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 shall be 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 trans- ferred ownership or profit interest in the tow service. A fee of Five hundred dollars ($500.00) shall be payable for the application and all the provisions of this Chapter shall apply to such new application. 4.75.070 NOTIFICATION Before authorizing a tow service to remove any illegally parked vehicle from private property, the owner or person in lawful possession of the pri- vate property must notify the Anaheim Police Department of: .010 The name, address and phone number of the person authorizing removal of the illegally parked vehicle 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. .040 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 ser- vice operator removing any illegally parked vehicle. The person authorizing the impound must be physically present to authorize the impound. The permittee will within 48 hours, Saturday -Sunday and Holidays excepted, deliver to the Anaheim Police Department Traffic Bureau a copy of the signed authorization. 4.75.080 STORAGE FACILITY The illegally parked vehicle removed from private property shall be towed or otherwise transported to the -3- nearest available public automobile storage facility. The nearest available public automobile storage facility is defined as that facility which is closest to the pri- vate property from which the illegally parked vehicle was towed or otherwise removed. 4.75.090 WARNING SIGNS The permittee shall not tow from private property unless the private property has displayed signs visible from twenty-five (25) feet at each vehicular entrance. There shall also be displayed one additional sign, visible from 25 feet, every 100 feet thereafter. Each sign shall contain the following message: NO PARKING UNAUTHORIZED VEHICLES SUBJECT TO TOW -AWAY AT OWNER'S EXPENSE CVC 22658 - AMC 14.32.220 Anaheim Police Telephone 999-1900 4.75.100 RATES The permittee shall maintain on file with the Anaheim Police Department a current rate schedule indicating 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, along with a copy of the companies Insurance policy, who shall forward the completed application to the Chief of Police. The Chief of Police shall have a reasonable time in which to investigate the application and the back- ground of the applicant. Based upon such investigation, the Chief of Police, or his representative, shall issue a permit or deny same. -4- The City Building Division and the Fire Department shall inspect the premises proposed to be devoted to that of an automobile storage facility and shall make recommendations to the Chief of Police. The Chief of Police shall not issue a permit if, based upon his investigation, 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 (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 re- sulted in a conviction or a plea of nolo contendre or guilty, will be considered imputed to the permit applicant for purposes of 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 applicant, if permitted, would not comply with all applicable 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 unethical or discourteous manner; or (8) the applicant is not of the age of 18 years or older. (9) the applicant's fee schedules are more than 15% above rates charged by the City of Anaheim's con- tracted Police Towing Services. -5- In the event the permit is denied by the Chief of Police, written notice of such denial shall be given to the applicant specifying the grounds for such denial. Notice of the denial of the permit shall be de- emed to have been served upon personal service of the 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 Chief of Police 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 Chief of Police granting or denying a permit. All permits issued hereunder are nontransferable. 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 provisions of Chapter 4.75, and failed to comply with that Anaheim Municipal Code Section; or (3) when it determines that an inspection or investigation by the City Building Division, Police Depart- ment, or Fire Department reveals a deficiency, 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 t -o,, 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 full 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 vehicles from private property until a permit, suspended or revoked, has been reinstated by the City Council. 4.75.130 BUSINESS LICENSE Nothing herein shall constitute a waiver of the requirements for the issuance and possession of a business 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 renewal 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 applicable 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 (30) days to comply with the terms herein. -7- 4.75.160 VIOLATION AND PENALTY Every person, whether acting as an individual 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 conducts a towing service pursuant to this Chapter without first obtaining a permit from the City of Anaheim or shall violate any provisions of this Chapter, shall be guilty of a mis- demeanor. 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 prosecuting 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 services from the City of Anaheim and re- strain and enjoin any person from operating, conducting or maintaining a tow service in the City of Anaheim contrary to the provisions of this Chapter. SECTION 3. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph; sentence or word of this Chapter 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 4. The City Clerk shall certify to the passage of this ordinance 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. City 1981. THE FOREGOING ORDINANCE is approved and adopted by the Council of the City of Anaheim this 1st day of December ATTEST: CITY CLERK OF _C1' -TY OF ANAHEIM FAL/vh -8- 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 foregoing Ordinance No. 4289 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 24th day of November, 1981, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 1st day of December, 1981, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, 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. 4289 on the 1st day of December, 1981. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this lst day of December, 1981. CIT CLERK OF THE VITY OF ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 4289 and was published once in the Anaheim Bulletin on the 11th day of December, 1981.