204 ORDINANCE NO.204
AN ORDINANCE OF THE CITY OF GRAND TERRACE,
CALIFORNIA, AMENDING THE GRAND TERRACE
MUNICIPAL CODE BY ESTABLISHING A FEE FOR THE
RECOVERY OF COSTS ASSOCIATED WITH THE TOWING OF
VEHICLES BY SHERIFF'S DEPUTIES AND CITY. CODE
ENFORCEMENT OFFICERS
WHEREAS, the increasing demands on public services has required agencies to begin
implementing programs which shift costs associated with the towing of privately owned vehicles
from that of the general public to the persons responsible for the towed vehicle; and •
WHEREAS,there arises on occasion, an incident,violation of a law or municipal code, or
other situation which require law enforcement or code enforcement personnel to tow privately owned
vehicles; and
WHEREAS,these types of situations require an inordinate amount of personnel time; and
WHEREAS, the responsibility for paying for such additional time should be born by the
persons responsible for the towed vehicle and not the general public; and
WHEREAS, several other jurisdictions have adopted procedures for the cost recovery
associated with the towing of privately owned vehicles by law enforcement and code enforcement
personnel;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1:A Chapter entitled"Towing of privately owned vehicles by law enforcement and
code enforcement personnel"is hereby added to the Grand Terrace Municipal Code.
Section 2: Purpose - The purpose of this Chapter is to establish a procedure for the cost
recovery of the costs associated with the personnel time required for the towing of privately owned
vehicles by law enforcement or code enforcement personnel as a result of a violation of a law,
municipal code or other act of wrong doing.
Section 3:Definitions-For the purposes of this chapter,the following definitions shall apply:
A. "Vehicle"means a device by which any person or property maybe propelled,moved,
or drawn upon a highway, excepting a device moved exclusively by human power.
This includes but is not limited to automobiles, all terrain vehicles, buses, trucks,
motorcycles,motorized cycles,tractors,trailers, or other such vehicles as described
in section 670 of the California Vehicle Code.
ichigan Street from Barton Road to Van Buren Avenue, 35 Miles Per Hour;
-1-
d on this 12th day of September 2002.
Mayor of the City of Grand Terrace
and of the City Council thereof.
ATTEST:
City Clerk of the City of rand Terrace
2
ditional Use"where the use requires a conditional use permit.
dings. Furthermore, the equipment located inside the building is enclosed in metal
casings, which contain no combustible material.
The construction of the support tower is made up of 4" legs with 2"minimum galvanized
metal and lacing. The tower provides the support for the transmitting and receiving
antennae described above. The antennae contain a non-reflective finish and are placed on
the tower subject to each agency's individual requirements which are customarily
installed at the top and to the sides of the tower.
BLUE MOUNTAIN SPECIFIC PLAN
ge, as billed by the City, shall be deemed a violation of this
article.
e creation of
a city center with a public plaza/open space area. Also, included in these recommendations were
extending bike lanes and pedestrian paths to allow people to walk to the plaza/open space area along
Barton Road. The"Guiding Principles"reinforced the need for a public plaza by calling on the City's
residents to: "Promote community participation...to ensure a sense of belonging and community
growth." The proposed public plaza as part of the City's open space will reflect this principle by
supporting the promotion of community participation.
4. Family and Children Orientation-Grand Terrace prides itself on family activities that involve organized
recreation utilizing open space areas in the City. The General Plan Task Force made several
recommendations to reinforce the City's already strong family and children orientation. These
recommendations included several measures which relate to open space and are: 1)continue augmenting
our park and recreation facilities;2)continue expanding opportunities for children and teenagers for
wholesome entertainment within a familiar setting;3)increase the quality of life in the City of Grand
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MEMMIF, •••• 4971t97 07 DEVE40 *Fir
B. "Persons responsible for the vehicle" means the persons holding legal title to the
vehicle and or having ultimate financial responsibility for the vehicle, or being
entitled to the possession of the vehicle under a lease,rental,or purchase agreement,
or as described in section 460 of the California Vehicle Code.
C. "Law Enforcement or Code Enforcement Personnel" means any San Bernardino
County Sheriff's Deputy, Sheriffs Service Specialist, or other law enforcement
officer as described in section 830 of the California Penal Code having such authority
to enforce laws within the City of Grand Terrace, and any City Code Enforcement
Officer employed by the City of Grand Terrace.
Section 4: Application - The persons responsible for any vehicle towed away under the
direction of Law Enforcement or City Code Enforcement personnel pursuant to Section 22651 of the
California Vehicle Code, or pursuant to authority granted under this code, shall be required to pay
an administrative fee for cost recovery of personnel time associated with the towing of said vehicle.
The administrative cost recovery shall occur for the following circumstances in which a vehicle is
towed:
a. When a vehicle is parked or left standing upon a highway for 72 or more hours in violation
'of a local ordinance authorizing removal and after adequate warning has been posted on said vehicle.
b. When a vehicle is found upon a highway,any public lands,or an off-street parking facility with
a registration expiration date in excess of six (6)months before the date found.
c. When an officer issues the driver of a vehicle a notice to appear for being unlicensed or driving
with a suspended license.
d. When an officer arrests any person driving or in control of a vehicle for an alleged offense and
the officer, by this code or other law, required or permitted to take, and does take, the person into
custody.
e. When any law enforcement or code enforcement personnel causes the tow or removal of a
vehicle pursuant to any other authority given to said officer by this code or other law.
Section 5: Appeal Process -Pursuant to Section 22852 of the California Vehicle Code the
registered and legal owners of a towed vehicle in the circumstances stated above are to be provided
an opportunity for a hearing to determine the validity of the vehicle tow. If reasonable grounds are
not established in the hearing, the law enforcement agency or the City of Grand Terrace will be
responsible for the tow charges and the administrative fee shall be waived.
Section 6:Fee-The administrative fee for towing a vehicle in the above stated circumstances
is $115.00.
located inside the building is enclosed in metal
casings, which contain no combustible material.
The construction of the support tower is made up of 4" legs with 2"minimum galvanized
metal and lacing. The tower provides the support for the transmitting and receiving
antennae described above. The antennae contain a non-reflective finish and are placed on
the tower subject to each agency's individual requirements which are customarily
installed at the top and to the sides of the tower.
BLUE MOUNTAIN SPECIFIC PLAN
ge, as billed by the City, shall be deemed a violation of this
article.
e creation of
a city center with a public plaza/open space area. Also, included in these recommendations were
extending bike lanes and pedestrian paths to allow people to walk to the plaza/open space area along
Barton Road. The"Guiding Principles"reinforced the need for a public plaza by calling on the City's
residents to: "Promote community participation...to ensure a sense of belonging and community
growth." The proposed public plaza as part of the City's open space will reflect this principle by
supporting the promotion of community participation.
4. Family and Children Orientation-Grand Terrace prides itself on family activities that involve organized
recreation utilizing open space areas in the City. The General Plan Task Force made several
recommendations to reinforce the City's already strong family and children orientation. These
recommendations included several measures which relate to open space and are: 1)continue augmenting
our park and recreation facilities;2)continue expanding opportunities for children and teenagers for
wholesome entertainment within a familiar setting;3)increase the quality of life in the City of Grand
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Section 7: Exceptions - The administrative fee shall not be charged in the circumstances
where the tow or impound was as a result of a third party's criminal activity, or where such vehicle
was found to be obstructing traffic due to unavoidable mechanical malfunctions,or where the driver
was found tojbe incapacitated due to illness or injury.
Section 2: Effective Date-This Ordinance shall be in full force and effect at 12:01 a.m. on
the 31st day of its adoption.
Section 3:Posting-The City Clerk shall cause this Ordinance to be posted in three(3)public
places within fifteen(15) days of its adoption, as designated for such purpose by the city Council.
Section 4: First read at a regular meeting of the City Council of said city held on the 22nd
day of May 2003, and finally adopted and ordered posted at a regular meeting of said City Council
on the 12th day of June, 2003.
ayor of the City of Grand Terrace
And of the City Council thereof.
ATTEST:
(RM.%
City Clerk of the City of qirand Terrace
and of the City Council thereof.
I, Brenda Stanfill, City Clerk of the City of Grand Terrace, do hereby certify that the
foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the City
of Grand Terrace held on the 12th day of June, 2003 by the following vote:
AYES: Councilmembers Hilkey and Cortes; Mayor Pro Tem Ferre
NOES: None
ABSENT: Councilmember Larkin and Mayor Garcia
ABSTAIN: None
• /f-P Q,; r: I
Brenda Stanfill, City C rk
Approved as to form:
/VJ -
John Harper, Ci ttorney
r driving
with a suspended license.
d. When an officer arrests any person driving or in control of a vehicle for an alleged offense and
the officer, by this code or other law, required or permitted to take, and does take, the person into
custody.
e. When any law enforcement or code enforcement personnel causes the tow or removal of a
vehicle pursuant to any other authority given to said officer by this code or other law.
Section 5: Appeal Process -Pursuant to Section 22852 of the California Vehicle Code the
registered and legal owners of a towed vehicle in the circumstances stated above are to be provided
an opportunity for a hearing to determine the validity of the vehicle tow. If reasonable grounds are
not established in the hearing, the law enforcement agency or the City of Grand Terrace will be
responsible for the tow charges and the administrative fee shall be waived.
Section 6:Fee-The administrative fee for towing a vehicle in the above stated circumstances
is $115.00.
located inside the building is enclosed in metal
casings, which contain no combustible material.
The construction of the support tower is made up of 4" legs with 2"minimum galvanized
metal and lacing. The tower provides the support for the transmitting and receiving
antennae described above. The antennae contain a non-reflective finish and are placed on
the tower subject to each agency's individual requirements which are customarily
installed at the top and to the sides of the tower.
BLUE MOUNTAIN SPECIFIC PLAN
ge, as billed by the City, shall be deemed a violation of this
article.
e creation of
a city center with a public plaza/open space area. Also, included in these recommendations were
extending bike lanes and pedestrian paths to allow people to walk to the plaza/open space area along
Barton Road. The"Guiding Principles"reinforced the need for a public plaza by calling on the City's
residents to: "Promote community participation...to ensure a sense of belonging and community
growth." The proposed public plaza as part of the City's open space will reflect this principle by
supporting the promotion of community participation.
4. Family and Children Orientation-Grand Terrace prides itself on family activities that involve organized
recreation utilizing open space areas in the City. The General Plan Task Force made several
recommendations to reinforce the City's already strong family and children orientation. These
recommendations included several measures which relate to open space and are: 1)continue augmenting
our park and recreation facilities;2)continue expanding opportunities for children and teenagers for
wholesome entertainment within a familiar setting;3)increase the quality of life in the City of Grand
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MEMMIF, •••• 4971t97 07 DEVE40 *Fir