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Municipal Code, Complete - City of Santa Barbara

Municipal Code, Complete - City of Santa Barbara

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Sections:<br />

5.30.010 Definitions.<br />

5.30.020 Permits and Exemptions.<br />

5.30.030 Requirements and Duties.<br />

5.30.040 Signs and Notices, Rates and<br />

Charges.<br />

5.30.050 Release <strong>of</strong> Vehicles, Payment,<br />

Notice, Protest.<br />

5.30.060 Itemized Statement.<br />

5.30.070 Prohibitions.<br />

5.30.080 Applications and Issuance.<br />

5.30.010 Definitions.<br />

Chapter 5.30<br />

TOWING OF VEHICLES<br />

5.30.090 Appeal.<br />

5.30.100 Grounds for Suspension or<br />

Revocation.<br />

5.30.110 Notice and Hearing for Suspension<br />

or Revocation.<br />

5.30.120 Rules and Regulations.<br />

5.30.130 Insurance.<br />

5.30.140 Hold Harmless and<br />

Indemnification.<br />

For the purpose <strong>of</strong> this chapter, certain words are defined:<br />

(a) "Applicant" means a person who applies for a towing permit pursuant to this chapter.<br />

(b) "Board" means the Board <strong>of</strong> Fire and Police Commissioners <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Santa</strong> <strong>Barbara</strong>.<br />

(c) "Emergency towing" means the towing <strong>of</strong> a vehicle when requested by an <strong>of</strong>ficer <strong>of</strong> any law enforcement<br />

agency acting under authority <strong>of</strong> law or any <strong>City</strong> <strong>of</strong>ficial or employee acting in his <strong>of</strong>ficial capacity.<br />

(d) "Non-emergency towing" means the towing <strong>of</strong> a vehicle (1) that has been involved in a collision, but has<br />

been removed from the scene; (2) that has experienced mechanical failure, but is not on the road-way or has been<br />

removed from the roadway and no longer constitutes a hazard; or (3) that, being mechanically operative, is towed for<br />

convenience.<br />

(e) "Involuntary towing" means towing <strong>of</strong> a vehicle pursuant to the provisions <strong>of</strong> California Vehicle <strong>Code</strong><br />

§22650 et seq. when requested by someone other than the legal owner, registered owner, driver or other person in<br />

control <strong>of</strong> a vehicle.<br />

(f) "Permittee" means any person issued a towing permit pursuant to this chapter.<br />

(g) "Service" means formal delivery <strong>of</strong> a document and shall be deemed to be completed when a document has<br />

been (1) personally delivered, or (2) has been enclosed in a sealed envelope addressed to the applicant or permittee<br />

with postage thereon fully prepaid and said envelope has been deposited in a United States mailbox.<br />

(h) "Towing Operation" means the activity <strong>of</strong> towing vehicles for compensation within the <strong>City</strong>. Towing<br />

operations shall include the storing <strong>of</strong> vehicles and all other services performed incident to towing. (Ord. 3970,<br />

1978.)<br />

5.30.020 Permits and Exemptions.<br />

(a) Permit Required, Term and Fee. No person shall engage in, manage, conduct or operate a towing operation<br />

business without a towing permit which shall be obtained from the <strong>of</strong>fices <strong>of</strong> the Tax and Permit Inspector. The<br />

period for issuance <strong>of</strong> a towing permit shall be three (3) years and the fee for such permit shall be established by<br />

resolution <strong>of</strong> the <strong>City</strong> Council.<br />

(b) Exemptions. The provisions <strong>of</strong> this chapter shall not apply to any towing operation that provides tow<br />

service:<br />

(1) Exclusively to members <strong>of</strong> an association, automobile club, or similar organization and receives<br />

remuneration only from the sponsoring association, automobile club or similar organization;<br />

(2) Without charge or fee for other vehicles owned or operated by the individual or organization furnishing<br />

the tow services;<br />

(3) For other vehicles owned or operated by the individual or organization furnishing the tow service, but<br />

which are being operated under terms <strong>of</strong> a rent or lease agreement or contract, and such towing is performed on a<br />

non-pr<strong>of</strong>it basis or said fee is a part <strong>of</strong> the rent or lease agreement or contract; and<br />

(c) Imposition <strong>of</strong> Conditions-Towing Operation Permit. In granting any permit under this chapter, the Board<br />

may impose such reasonable conditions relative to the activities <strong>of</strong> towing operations as it may be necessary for the<br />

protection <strong>of</strong> the public peace, safety, health or welfare and such conditions shall be consistent with the provisions <strong>of</strong><br />

this chapter. (Ord. 4010 §1, 1979; Ord. 3970, 1978.)<br />

129 rev. 6/30/05

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