HomeMy WebLinkAbout92-23 Amending Code Relating to Tow Services and ChargesORDINANCE NO. 92--. P,�
AN ORDINANCE OF THE CITY.COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, AMENDING SECTIONS
9-282, AND 9-284 OF THE COSTA MESA MUNICIPAL
CODE RELATING TO TOW SERVICES AND CHARGES.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. The City Council of the City of Costa Mesa
finds and declares as follows:
WHEREAS, California Vehicle Code Section 22658 requires
notification of"the police department whenever a -vehicle is stored-
for- illegally parking on private property: The California
Department of Justice requires users of the California Law
Enforcement Telecommunication System ("CLETS") to enter such stored
vehicle information into the statewide computer system.. As a
result,' the City. of Costa Mesa incurs a. cost for logging and
creating the computer entry which should be reimbursed;
WHEREAS, except in specified circumstances, California Vehicle
Code Section 22658 requires the private property owner or lessee,
or an employee or agent thereof, to be present at the time a towing
company removes a vehicle "from private- property. The Police
.Department has received numerous complaints from the public that
towing companies have utilized"a method of obtaining prior written
consent from private property owners, their agents or lessees to
remove vehicles from private property. This. method is known as
.cruise accounts, soliciting and poaching and'. -results, in giving
towing:companies the arbitrary authority to remove vehicles from
private property without.the owner or lessee.being present;
ACCORDINGLY; the City Council of the City of Costa Mesa hereby,
amends .T-itle. 9 of, the Costa -Mesa Municipal Code as hereinafter set
forth
Section 2 Section 9-282.of the Costa Mesa.Municipal Code,
is hereby amended to.read as follows:
"No' holderof a certificate to conduct a 'tow
operation shall drive or, operate a tow unit, or cause the
same to be driven or operated in the City, unless there
is -on file with the City . Clerk, and in -full force and
effect at -.all times while such tow unit is being
operated, a policy'of insurance, or. satisfactory evidence
of -.-,Such insurance, approved by the City Attorney.or Risk -
Manager evidencing that the certificate holder is insured
under_ .a 'policy of. liability insurance .for. personal
injury, including,death, and property damage providing
.minimum coverage of. one million dollars_($1,000,000.00)
combined single limit per ,occurrence._ Such insurance
'shall also include, coverage for garage keeper's legal
liability, or the.equivalent, in amounts satisfactory to
the City's _insurance committee. Said policies shall
further provide,that the.City shall be given..thirty (30)
days prior written notice- of any cancellation,
termination or change in :the..amount. -of such insurance
_ coverage. Said policy of.insurance shall be executed by
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a company duly licensed under the laws of the State of
California to be an insurance business."
Section 3. Subsection (e) is added to Section 9-284 of the
Costa Mesa Municipal Code to read as follows:
."(e)- The City Council may, by resolution, establish'a
fee to defray the cost .of logging and creating computer
entries for vehicles stored from private property. The
fee, shall be paid by the towing operation holding a
certificate under this Article, and may be added as a
proper charge to the.person causing the vehicle removal
from private property or to the person owning such
vehicle."
Section 4. Publication.
This Ordinance shall take effect and be in full force and
effect thirty (3 0) days from and after its passage and, before the
expiration of fifteen (15) days after its passage, shall be
published once in the NEWPORT BEACH -COSTA MESA PILOT, a newspaper
of general circulation printed and published in the City of Costa
Mesa, or, in the alternative, the City Clerk may cause to be
published a summary of this Ordinance and a certified copy of the
text of this Ordinance shall be posted in the office of the City
Clerk ..five (5) days prior to the date of adoption of this
Ordinance., and within fifteen (15 ) days after adoption, the City
Clerk shall cause to be published the aforementioned summary and
shall post in the office of the City Clerk a certified copy of this
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Ordinance together with the names of the members of the City
Council voting for and against ,,t-,.},h��e same.
PASSED AND ADOPTED this %ro day of , 1992.
ATTEST:
Mayor the City of Costa Mesa
APPROVED AS TO FORM:
C'ty Clerk of the City of Co a Mesa City Attorney
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, EILEEN P, 'PHINNEY, City Clerk and ex -officio clerk of the
City Council of the City of Costa Mesa, hereby certify that the
above and foregoing Ordinance No. 92- a 3 was introduced and
considered section by section at a regular mee ing of said City
Council held on the day of , 1992, and
thereafter passed and adopted as whole at a regu ar meeting -of
said City Council held on the day.of 1992, by
the following roll call vote:
AYES: COUNCIL MEMBERS.:/ .�
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
IN WITNESS'WHEREOF, I have hereunto set my hand and affixed the
Seal of the City of Costa Mesa -this /9t*ay of , 1992.
City Clerk - and ex -officio Cl k of
_- - the City Council of the City f
Costa Mesa