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Municipal Code, Complete - City of Santa Barbara

Municipal Code, Complete - City of Santa Barbara

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5.30.030 Requirements and Duties.<br />

(a) Provisions supplemental to business license regulations. The provisions <strong>of</strong> this chapter are intended to<br />

augment and be in addition to the provisions <strong>of</strong> Title 5 providing for a business license tax. Whenever the provisions<br />

<strong>of</strong> this chapter impose a greater restriction upon persons, premises or practices than is imposed by the general<br />

business license regulations, the provisions <strong>of</strong> this chapter shall control.<br />

(b) Business location. Any person conducting a towing operation business shall maintain a physical location<br />

from which said business is directed. Such physical location shall provide an <strong>of</strong>fice with an adequate yard for vehicle<br />

storage and the location <strong>of</strong> the yard shall be subject to the approval <strong>of</strong> the Board.<br />

(c) Change <strong>of</strong> location. A change <strong>of</strong> location shall be endorsed on a towing permit upon a written application by<br />

the permittee, subject to the approval <strong>of</strong> the Tax and Permit Inspector. The permittee shall notify the Tax and Permit<br />

Inspector <strong>of</strong> any change <strong>of</strong> location within five (5) days after a move. (Ord. 3970, 1978.)<br />

5.30.040 Signs and Notices, Rates and Charges.<br />

(a) Signs and Notices. Each permittee shall maintain a sign listing the rates and charges <strong>of</strong> all services <strong>of</strong>fered.<br />

Such sign shall be conspicuously placed in the <strong>of</strong>fice or other place where customer financial transactions take place.<br />

The letters on such signs shall be a minimum <strong>of</strong> one inch high with one quarter inch stroke. The letters shall be a<br />

contrasting color from the background.<br />

(b) Filing <strong>of</strong> rates and charges. Applicants for towing operation permits shall file a schedule <strong>of</strong> maximum rates<br />

and charges for each service <strong>of</strong>fered with their application. No charge more than the rates and charges specified in<br />

such schedule shall be made except as herein provided.<br />

Changes in maximum rates and charges shall be made by written notice containing the new schedule <strong>of</strong> rates and<br />

charges to the Board at least ten days prior to becoming effective. A duplicate copy <strong>of</strong> such notice shall be posted for<br />

a period <strong>of</strong> ten days in the <strong>of</strong>fice next to the posted schedule <strong>of</strong> the existing rates and charges. Upon the expiration <strong>of</strong><br />

the ten-day period, the maximum rate and charge schedule shall be changed in accordance with such notice, except<br />

that the rates and charges for emergency and involuntary towing shall only become effective as set forth in subsection<br />

(c) <strong>of</strong> this section.<br />

(c) Emergency and involuntary requested maximum towing rates. Maximum rates and charges for any<br />

emergency or involuntary towing assignment shall be subject to the prior approval <strong>of</strong> the Board. The approval <strong>of</strong> said<br />

rates and charges shall become effective thirty (30) days after the action <strong>of</strong> the Board is final unless an appeal is<br />

perfected pursuant to §5.30.090. (Ord. 4010 §1, 1979; Ord. 3970, 1978.)<br />

5.30.050 Release <strong>of</strong> Vehicles, Payment, Notice, Protest.<br />

Each permittee shall provide for release <strong>of</strong> vehicles during the hours established by the Board. The Board shall<br />

establish hours for the release <strong>of</strong> vehicles pursuant to §5.30.120. A permittee may additionally release vehicles on<br />

other days and hours. Each permittee shall accept as payment valid Visa and Master Charge credit cards and payment<br />

by check accompanied by a valid bank check guarantee card which will guarantee such payment.<br />

If a vehicle is removed by a permittee, the owner or person entitled to possession there<strong>of</strong> shall be given notice <strong>of</strong><br />

the options available to recover the vehicle and protest the charges. If the recovery <strong>of</strong> the vehicle and protest <strong>of</strong> the<br />

charges are not covered by §10.44.025 <strong>of</strong> this <strong>Code</strong>, the procedure for recovery and protest is as follows:<br />

(1) Pay the charges for towing and storage and protest such charges by filing an appeal to the Board, within<br />

five (5) days after the release <strong>of</strong> the vehicle.<br />

(2) Post security for the towing and storage charges which is satisfactory to the permittee and protest such<br />

charges by filing an appeal to the Board within five (5) days after the release <strong>of</strong> the vehicle. The Board shall adopt<br />

rules for the protest appeal and its decision shall be binding upon the permittee. Nothing in this section shall prohibit<br />

the Board from adopting further rules and regulations concerning the release <strong>of</strong> vehicles. (Ord. 4010 §3, 1979; Ord.<br />

3970, 1978.)<br />

5.30.060 Itemized Statement.<br />

When requested, each permittee shall furnish an itemized statement to the person who authorized the towing<br />

service, or his agent. Such permittee also shall furnish an itemized statement <strong>of</strong> services per-formed, labor and<br />

special equipment used in completing tow <strong>of</strong> vehicle and <strong>of</strong> the charges made therefore upon the request <strong>of</strong>:<br />

(1) the registered owner; or<br />

(2) the legal owner; or<br />

(3) the insurance carrier <strong>of</strong> either the registered owner or the legal owner; or<br />

(4) the duly authorized agent <strong>of</strong> the registered owner, the legal owner, or the insurance carrier. Such<br />

permittee shall furnish a copy <strong>of</strong> the statement to any person authorized to receive the statement without demanding<br />

payment as a condition precedent. (Ord. 3970, 1978.)<br />

130 rev. 12/31/99

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