§ 9-279. Grounds for suspension or revocation of towing operator permit

A tow operator permit may be suspended or revoked by the chief of police on any of the following grounds.

(a) The permit holder has not filed adequate evidence of liability insurance coverage with the chief of police or has allowed its insurance coverage to lapse or be cancelled.

(b) For the violation of any rule, regulation, or condition set forth in or authorized by section 9-271 through 9-296

(c) For the violation of any laws of the state or city including zoning laws, with respect to the operation of the business by the permit holder.

(d) For rotational tow operators, failure to comply with the regulations set forth in the Tow Policy Guidelines and Requirements.

(e) If any permit holder's employee, or any person connected or associated with the permit holder as an operator, director, officer, stockholder, general manager, or person who is exercising managerial authority on behalf of the permit holder, has committed any one of the following acts:

(1) Has been convicted of a felony or any crime involving theft, embezzlement, stolen property, fraud or crimes of violence within the last five (5) years.

(2) Has committed any false, fraudulent, deceptive or dangerous act while conducting towing service business.

(3) Has published, uttered or disseminated any false, deceptive or misleading statements or advertisement in connection with the operation of the towing service.

(4) Has conducted the towing service in a manner contrary to the peace, health, safety and general welfare of the public.

(5) Has violated or permitted other persons to violate, through an act of omission or commission, any felony or misdemeanor crime involving registerable sexual offenses (pursuant to Penal Code Section 290).

(6) Has violated or permitted other persons to violate, through an act of omission or commission, any felony or misdemeanor crime involving moral turpitude, or a felony involving sale or use of a controlled substance, or any act of dishonesty or fraud within the last five (5) years.

(7) Had an inspection or investigation by the building official, police department or fire department which revealed a deficiency, violation or conduct that endangers the peace, health, safety and general welfare of the public.

(8) Employs tow truck drivers under eighteen (18) years of age.

(9) Fails to notify the Costa Mesa Police Department in writing of the name, address and driver's license number of any newly employed tow truck driver within ten (10) business days of the hire date, or fails to notify the Costa Mesa Police Department within ten (10) business days of any tow truck driver who is no longer employed by the permit holder.

(10) Fails to obtain and maintain a current Costa Mesa business license.

(11) Has charged fees in excess of the schedule of rates set by city council resolution, or for rotational tow services, or in excess of any applicable federal, state or county laws or regulations for towing and/or storage of vehicles or any service incidental to towing.

(12) Has allowed the services of a driver with a record of excessive violations of the Vehicle Code which has resulted in the suspension or revocation of their driver's license or a driving under the influence, reckless driving or wet reckless conviction within the last three (3) years, to remain in its employment as a driver.

(13) Fails to comply with any California Vehicle Code, federal, state, or county regulations and laws relating to towing and/or storing, of vehicles, including the impounding and storing of vehicles from private property.

(14) Fails to maintain control of any personal property, vehicle accessories and vehicles that have been towed.

(15) Has knowingly made false, misleading or fraudulent statements of a material fact in a report or record required to be filed with the Costa Mesa Police Department, or any other law enforcement agency.

(16) Has obtained a tow contract by use of fraud, trick, dishonesty or forgery.

(17) Has stopped and solicited on any street, highway or public thoroughfare the rendering of assistance to a person or disabled vehicle without first being requested to do so, except to render emergency aid when there exists an imminent peril to life or property.

(18) Has towed a vehicle to a location other than that listed as the business address of such permit holder without first receiving authorization to do so by the person authorizing the tow and by the Costa Mesa Police Department.

(19) Has conspired with any person to defraud any owner of any vehicle, or any insurance company, or any person financially interested in the cost of the towing or storage of any vehicle, by making false or deceptive statements relating to the towing or storage of any vehicle.

(20) Has removed a vehicle involved in a collision prior to arrival of police and a person, as a result of such collision, suffered death or injury; or the driver of an involved vehicle, or a party to such collision, was under the influence of a drug or intoxicate of any nature; or there is evidence that such vehicle was involved in a hit and run collision.

(21) Has charged for services not performed, service or equipment not employed, used or needed, or has otherwise materially misstated the nature of any service performed or equipment used.

(Ord. No. 08-7, § 2, 8-19-08 )