4558FOLLOWS:
ORDINANCE NO. 4558
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM REPEALING CHAPTER 4.74 OF
TITLE 4, AND AMENDING SECTIONS 4.75.010
AND 4.75.120 OF, AND ADDING NEW SECTION
4.75.065 TO, CHAPTER 4.75 OF TITLE 4 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO TOWING
AND IMPOUNDING VEHICLES.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
SECTION 1.
That Chapter 4.74 of Title 4 of the Anaheim Municipal Code
be, and the same is hereby, repealed.
SECTION 2.
That Section 4.75.010 of Chapter 4.75 of Title 4 of the
Anaheim Municipal Code be, and the same is hereby, amended to read
as follows:
"4.75.010 DEFINITIONS
"Driver" - means and includes a person who drives or is in
actual physical control of a tow truck.
"Illegally Parked Vehicle" - means any vehicle that is
parked in violation of the laws of the City of Anaheim, County of
Orange and State of California.
"Owner" - means and includes every person, firm or
corporation owning or controlling any tow truck.
"Public Automobile Storage Facility" - means any vehicle
storage facility which provides to the public the service of
storing or holding vehicles.
"Tow Services" - means any service whereby vehicles are
towed or otherwise removed from one place to another.
"Tow Truck" - means any vehicle or device used to tow or
otherwise remove vehicles from one place to another. This includes
a motor vehicle which has been altered or designed and equipped
for, and used in, the business of towing vehicles by means of a
crane, hoist, tow -bar, tow -line or dolly or is otherwise used to
render assistance to other vehicles."
SECTION 3.
That Section 4.75.120 of Chapter 4.75 of Title 4 of the
Anaheim Municipal Code be, and the same is hereby, amended to read
as follow:
"4.75.120 SUSPENSION OR REVOCATION OF PERMIT
.010 The Chief of Police may suspend or revoke the
permit issued hereunder when he determines:
— (1) that the permit holder violated, or permitted
other persons to violate, through an act of omission or commission
by the permit holder, any felony, any misdemeanor offense involving
moral turpitude, or any act of discourteous or unethical conduct; or
(2) that the permit holder, his agent, or employee
committed any violation of the Anaheim Municipal Code including,
but not limited to, the provisions of Chapter 4.75; or
(3) that an inspection or investigation by the City
Building Division, Police Department, or Fire Department reveals a
deficiency, violation, or unethical or discourteous course of
conduct that endangers the peace, health, safety or general welfare
of the public; or
(4) that the permit holder employs tow truck
operators under 18 years of age.
(5) that the permit holder has failed to notify the
Anaheim Police Department, Traffic Bureau, in writing of the names,
addresses, and driver's license numbers of any newly employed tow
truck operators within fifteen (15) days of their hire date, or
failed to notify the Traffic Bureau within thirty (30) days of any
tow truck operator who is no longer employed by such permit holder.
.020 No permit shall be suspended or revoked pursuant
to this Chapter unless a hearing and notice of such proposed action
has been given to the permit holder. Notice of such hearing shall
be given in writing and served upon the permit holder 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 permit holder,
and shall state the time and place where such hearing will be held.
.030 Said notice of hearing 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.
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.040 The decision of the Chief of Police suspending
or revoking any permit issued pursuant to this Chapter may be
appealed by the permit holder to the City Council by filing a
written notice of appeal with the City Clerk within ten (10) days
following the date such decision is communicated to the permit
holder by the Chief of Police. The City Council shall hold a
hearing upon any timely filed appeal within thirty (30) days of the
date of filing thereof. Notice of such hearing shall be given to
the permit holder by depositing the same in the course of
transmission with the United States Postal Service, postage
prepaid, at least ten (10) days prior to the date of such hearing.
The decision of the City Council shall be final.
.050 It is unlawful for any person to conduct or
carry on the business of towing illegally parked vehicles from
private property under a suspended or revoked permit until said
permit has been reinstated by the Chief of Police or the City
Council." However, the filing of a notice of appeal shall act to
stay the effectiveness of any order suspending or revoking such
permit pending a determination of such appeal by the City Council.
.060 The term "Chief of Police" as used in this
section shall include any designated representative of the Chief of
Police.
SECTION 4.
That new Section 4.75.065 be, and the same is hereby,
added to Chapter 4.75 of Title 4 of the Anaheim Municipal Code to
read as follows:
"4.75.065 INFORMATION REGARDING SUBSEQUENTLY EMPLOYED OR
TERMINATED TOW TRUCK OPERATORS
.010 Each permittee under this Chapter shall file
with the Traffic Bureau of the Anaheim Police Department the name,
address and driver's license number of any tow truck operator
employed by the permittee subsequent to the date of the permit
application which information shall be so filed not later than
fifteen (15) days following the date of such employment.
.020 Each permittee under this Chapter shall notify
the Traffic Bureau of the Anaheim Police Department of the name of
any tow truck operator no longer employed by such permittee which
notification shall be given to the Traffic Bureau not later than
thirty (30) days following the last date of such operator's
employment by said permittee."
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SECTION 5. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance, 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 ordinance independent of the elimination
herefrom of any such portion as may be declared invalid.
SECTION 6. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal of
any other ordinance of this City shall in any manner affect the
prosecution for violations of ordinances, which violations were
committed prior to the effective date hereof, nor be construed as a
waiver of any license or penalty or the penal provisions applicable
to any violation thereof. The provisions of this ordinance,
insofar as they are substantially the same as ordinance provisions
previously adopted by the City relating to the same subject matter,
r shall be construed as restatements and continuations, and not as
new enactments.
SECTION 7. CERTIFICATION
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, 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 adopted by the
City Council of the City of Anaheim this 11th day of December, 1984.
MAYOR OF THE CITY OF AHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW:KH
1739U
11/06/84
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Ordinance No. 4558 was introduced at a regular meeting of the
City Council, of the City of Anaheim, held on the 4th day of December, 1984,
and that the same was duly passed and adopted at a regular meeting of said J
City Council held on the 11th day of December, 1984, by the following vote of
the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt, and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Ordinance No. 4558 on the 11th day of December, 1984.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 11th day of December, 1984. '
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL,.City Clerk of the City of Anaheim,,do.hereby certify that
the foregoing is,the original Ordinance No. 4558 and was published once in the
Anaheim Bulletin on the 21st day of December, 1984.
CITY CLERK