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HomeMy WebLinkAboutOrd 1989-2314 Revised 6/7/89 ORDINANCE NO. 2314 AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 5.58 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO REGULATION OF TOW COMPANIES The City Council of the City of Chula Vista does ordain as follows: SECTION I: That Section 5.58.010 of the Chula Vista Municipal Code is hereby amended to read as follows: Sec. 5.58.010 Intent and purpose of provisions. It is the intent of this chapter to prescribe the basic regulations for the operation of tow cars or tow trucks in police emergency and non-emergency situations in the removal of and towing away of motor vehicles which are illegally parked, apparently abandoned or involved in an accident, or which constitute an obstruction to traffic because of mechanical failure. It is the purpose of the council in enacting this chapter to provide a fair and impartial means of selecting private operators to engage in said business in the interest of the public as well as in the interest of efficient policing operations for the removal from the public streets of said vehicles. SECTION II: That Section 5.58.030 of the Chula Vista Municipal Code is hereby amended to read as follows: Sec. 5.58.030 Regulations generally~X~/f~f The city council may ~M~//T/t/Q,k~/~//t~Y/~X~, by resolution, authorize ~////F/e/lfl~[~///f~f the selection ~MM//~X~M~X~M of tow car Or tow truck services ~Mf~M//~YY//t~//~//c/o//~//~ for emergency and non-emergency ~lX~ towing. Any tow company not so selected will be prohibited from towing ~Zf~/~~.///~/~/~IZ/~/~//~/~//~f~ ~M~/~/~f//~/~//~f~//~/~//~f~Mf~f~ ff~//f~f~//fff~//~M~//~f~//~f~//~//~f~ ~ any vehicles involved in the situations as set forth in Section 5.58.010; provided however, that the owner of the vehicle ~//f~ may designate any towing service to be used for the removal and towing away of such vehicle. ~//~//~~//~ ~ff~//~dfb'~//t/o//~//~f~//~//b/y//~//~f~ ~//d~d~/~/~/~/a~//~//~/~4~od/~/~/J However, in the event that a towing service is contacted by the police department to perform said services, and performs said services in a manner not in accordance with the policies as established, the police department is held harmless from any and all liability or damages arising therefrom and shall not be accountable for, nor investigate, complaints of negligence and deviations from the policies unless the deviations are shown to be of a repeated and frequently recurring nature, and any complaints received from the tow car or tow truck services selected and designated to carry out such police' towing operations and any complaints received concerning the quality and standards of service performed by said operators shall be deemed sufficient cause for cancellation and termination of any contract or operating agreement entered into for the performance of such service. SECTION III: That a new Section 5.58.075 be, and the same is hereby added to Chapter 5.58 of the Chula Vista Municipal Code to read as follows: Sec. 5.58.075 Indemnification and Hold Hamless, Insurance, and Bond Requirements. Any agreement to provide tow service shall include a hold harmless clause and bond and insurance requirements as required by City Risk Manager and City Attorney. SECTION IV: That Sections 5.58.070 and 5.58.080 of Chapter 5.58 of the Chula Vista Municipal Code are hereby repealed. SECTION V: This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by 5447a FIRST READ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE C / OF CHULA VISTA· CALIFORNIA· HELD june 13, , 19 89 · AND FINALLY PASSED AND ADOPTED AT A REGULAR MEETING THEREOF HELD June 20 · 19 89 ~ BY THE FOLLOWING VOTE· TO-WIT: AYES: CounCilmen: Cox, Moore, Ma 1 co 1 m, Mc Candl i s s, Nader NAYES: Councilmen: None ABSTAIN: C, ou~ilmen: None ABSENT: Councilmen: None the Cify of Chulo Vista STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visto, Colifornio, DO HEREBY CERTIFY thor the above ond foregoing is o full, true ond correct copy of ORDINANCE NO, 2314 ,and that the some has not been amended or repealed. DATED Cify Clerk CC-660