HomeMy WebLinkAboutOrdinance 0966 N.C.S. 01/12/1970ORDINANCE 9-66 N . C S . ORIGINAL
INT BY CO MAN SECONDE BY OUN 'ILD'IAN
AN ORDINANCE AMENDING THEE PETALUMA CITY CODE
OF 1958 BY ADDING TO CHAPTER 15 THEREOF ARTI-
CLE XVII, SECTIONS :15.17 THRU 15.17.13, TO
PROVIDE A PROCEDURE FOR THE REMOVAL OF AND
THE IMPOUNDING OF MOTOR VEHICLES; TO ESTABLISH
NO PARKING /TOW -AWAY ZONES; AND TO AUTHORIZE
THE EXECUTION OF A CONTRACT WITH INDIVIDUALS
TO TOW AND STORE VEHICLES.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
Section 1: The Petaluma City Code of 1958 is hereby
amended by adding to Chapter 1.5, thereof, Article XVII, Sections
15.17 thru 15.17.13, t read as follows:
ARTICLE TO .AWAY Z "ONES
Sec tion 15.17 Designation of No Parking Tow -Away Zo nes.
The City Council may, by resolution, designate streets
wherein no parking shall be permitted, .and declare in the said
resolution that the streets so designated shall be located in
tow. -away zones, and any vehicle parked in 'violation of such res-
olution may be directed to be towed away by any Police Officer
of this City in accordance with the provisions of this Article.
Section.15.17.1 Posting & Signing of. Tow -Away Zones
Upon the adoption of the resolution as hereinabowe
authorized, the City Traffic Engineer is hereby authorized and
directed to place signs of not less. than two (2) in each block
of the street affected, which signs shall conform to the-sign-
ing adopted'by the State of California and state substantially
as follows:
"No Standing, Stopping or Parking ('between the hours
of and ), (at ,any time). Violators will be towed away."
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Section 15.17.2 Removal of, Vehicles
Any duly authorized and acting police officer is
hereby authorized to remove or'cause to, be removed a vehicle
from a street in this City when such vehicle violates any of
the provisions of Section 15.10.3 of this Code under the fol-
lowing circumstances-
(a) When any vehicle is left unattended upon any bridge,
viaduct or causeway or in any tube or tunnel where
the vehicle constitutes an obstruction to traffic;
(b) When any vehicle is left standing upon a highway in
such a position as to obstruct the normal movement
of traffic;
(c) When any vehicle is found upon a_ highway and report
has previously been made that the vehicle has been
stolen or complaint has been filed and a warrant
thereon issued charging that the vehicle has been
embezzled;
(d) When any vehicle is i- llegally parked so as to block
the entrance to a private driveway and it is im-
practical to move such vehicle from in front of
the driveway to another point on the highway;
(e) When any vehicle is illegally parked so as to pre-
vent access by firefighting equipment to a fire
hydrant and it is impracticable to move such
vehicle from in front of the rfire hydrant to
another point on the highway;
(f) When the person or persons in charge of a vehicle
upon a highway are by reason of .physical injuries
or illness incapacitated to such an extend as to
be unable to provide for its custody or removal.
Section 15.,17.3 City to Enter Into Contract
The City shall enter into contracts on behalf of the
City of Petaluma with operators, which contract shall provide
that the said operators shall agree to tow and to store vehicles
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which are ordered removed from the street and other places by
police officers, pursuant to Article XVII - of this Code and the
laws of the State of California, and shall further agree to
charge the owner of the vehicle so removed a fee which shall
not be in excess of that agreed upon in said contract.
Se ction 15.17.4 Notice of Bids
The City Council, by resolution, shall provide for
notice inviting sealed bids to be published in the official
newspaper, and at least ten (10) days must intervene between
the date of publication and the time of opening of the bids.
Such notice shall state in general terms the conditions of
the contract.
Section 15.17.5 Form of Bids
All bids shall be filed on forms available in the
Office of the City Clerk. Contracts may be awarded by the City
Council to the lowest, responsible bidder; however, the Council
reserves the right to reject any and all bids and may, in its
discretion, readvertise for other bids.
Section 15.17.6 Maximum Fees
The contract shall provide for a maximum fee which
the successful bidder may charge the owner of the vehicle for
the towing and storage thereof, including "owner's request"
tows, as provided for in Section 15.17.9 hereof.
Section 15.17.7 Copy of Contract Posted
A copy of such contract and a schedule of the fees
authorized shall be maintained in a conspicuous place in the
garage and filed in the Office of the City Clerk.
Section 15.17.8 F iling of bond
Every operator to whom a contract is awarded for
said towing shall, upon the execution of such contract, file
with the City Auditor of the City of-Petaluma a bond,
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approved by the City' in such amount as may be de-
termine'd by the City Manager. Said bond shall be conditioned
that the principal will indemnify any and all persons, firms
or corporations, including the City, for any loss sustained
by any unlawful or unauthorized damage to the vehicle which
is removed or stored by the said operator pursuant to the
provisions of Article XVII of this Code.
Section 15.17.9 Removal of Vehicle on Order of Police or
at Owner's Request
No vehicle shall be removed from the street or other
place under the provisions of Article XVII of this Code except
upon the order of a police officer acting in accordance with
the law; provided, however, that a police officer may, when
so requested by the owner or operator of a motor vehicle that
is inoperative on or off the highwav, or.. place, but not
in violation of law, transmit said owner's or operator's request
for tow car services to an operator designated by the City Coun-
cil, and in such case the fee schedule provided for in Section
15.17.6 hereof shall apply.
Section 15.17.10. Notice of Removal.
Whenever a police officer causes the removal of a
vehicle from a street, as herein authorized, and the police
officer knows, or is able to ascertain from the registration
records of the Department of Motor Vehicle; the name and add-
ress of the owner thereof, such off=icer shall immediately give,
or cause to be given, notice in writing to such owner of the
fact of such removal, the grounds thereof, and of the place
to which such vehicle has been removed.. A copy of such no-
tice shall be given to the operator of the garage wherein
the vehicle is stored. When the police officer, removing
a vehicle from a street as herein provided, does not know
and is not able to ascertain the nai.ne of the owner or for
any other reason is unable to give the notice to the owner
as hereinbefore provided, and in the event the vehicle is
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not-returned to the owner within a period of seventy -two. (72)
hours, then and in that event, the officer shall immediately
send', or cause to be sent, written report of such removal by
mail to the Department of Motor Vehicles at Sacramento and
shall file a copy of such notice with the operator of the
garage in which the vehicle may be stored. Such report shall
include a complete description of the vehicle, the date, time,
and place from which removed the grounds for such removal
and the name of the garage where the vehicle is stored.
Se ction 15.17.11 Garagemen's Lien
Whenever any vehicle has been removed to a garage
under the provisions of Article XVII of this Code and the oper-
ator of such garage has received the notice or notices from the
arresting officer as provided herein, said operator shall have
a lien, dependent upon possession, for his compensation for
towage and for caring for and keeping safe such vehicle for
a period not exceeding ninety (90) days.
Sect ion 15.17.12. Excessive Fees Unlawful.
It shall be unlawful for the to charge the
owner of a vehicle, so removed, fees in excess of those author-
ized by the contract entered into between the City and the
operator pursuant to Article XVII of this Code.
S ection 15.17.13 Municipal Facilities Unaffected.
Nothing contained herein shall be deemed to prohibit,
limit or restrict the use, or operation of towing equipment or
storage facilities by City agencies.
Section 2 . This,ordinance is hereby declared to be
necessary for the immediate preservation of the public peace,
health and safety of the City of Petaluma, and shall take
effect and be in force from and after its final passage by
an unanimous vote of the members of the City Council present
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at the time of its adoption. The reason for the urgency is
that certain streets in the City of Petaluma require additional
vehicle lanes for the proper flow of traffic and that, in order
to provide the same, parking on either sides of said streets
must be removed at this time and that by removing parking, addi-
tional lanes will be provided and will promote the public peace,
health and safety of the citizens of the'City of Petaluma.
Section 3. The City.Clerk be and she is hereby
directed to publish this ordinance for the period and
in the manner required by the City Charter.
ORDERED PUBLISHED THIS 12th day of January, 1970.
AYES: COUNCILMEN BRAINERD,.BRUNNER, JOERGER, MATTEI,
AND MAYOR PUTNAM.
NOES: COUNCILMAN CAVANAGH, JR.
ABSENT: COUNCILMAN BATTAGLIA.
Mayor
ATT L . -
City Clerk
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I hereby certify that the within ordinance � was published in 'full 6nce,,in,.the Petaluma ArL 6s Courier, a ; Oapef_pf'
, the City, :of Petaluma to
pl4blished w ithin, ---------
.general* circulation ........ ...................... 1 9---
and that the said Petaluma Argp§ isAhe; official new'spa City of Petalurna.,
I hereb,30feffify that the :�yhble:'gnumber, of 'members of the Council of the City of. Petaluma i§"se
Yen and that the
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foreg - ordinance was gassed by, Council at its meeting: -of... ..........
.. f ------ __ d ay of, January, ....... .......
by the following vote, to wit``
COUNCILMAN Bra inerd
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A Mattei
COUNCILM
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COUN,CILMAN: ................. ................................
' MAYOR., ....- -- ..............
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NOES:'
Cqunqilmap,
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ABSENT Councilman :� . ..... . ��a Jr
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CITY CLERK
AY COU NCILMAN ---- Battagl ia
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AYES' 'CQUNCILMAN_ ............................ aer�ger .
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AYES`: C'OUNCILMAN' ........ ...... .............
The, foregoing, Ordinance' 'Number ;.-. Charter, Series; having been, regularly
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passed and presented to, me
this, 19 th day ........... J.*a.n.u ................ M-2-9-As hereby by me this ........ ........... day,
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of: ............. .................. Januar ...................... 7 Q - tive __7 1
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MAYOR