Chapter 10C — REIMBURSEMENT FOR TOWING AND STORAGE OF VEHICLES

Sec. 10C.1. Reimbursement or Waiver of Payment for Tow on Vehicles; Conditions Therefor.

Sec. 10C.2. Prohibition on Reimbursement.

Sec. 10C.3. Computing Amount of Reimbursement.

Sec. 10C.4. Payment of Reimbursements.

Sec. 10C.5. Time Limit to Request Reimbursement.

Sec. 10C.6. Information Required.

Sec. 10C.7. Effect of Policy of Insurance.

Investigation by Chief of Police or Director of the Department of Parking and Traffic; Sec. 10C.8. Indigent Owner.

Sec. 10C.9. Requests to be Under Penalty of Perjury.

Sec. 10C.10. Prosecution of Person Responsible.

Sec. 10C.11. Subrogation.

Sec. 10C.12. Reports by the Chief of Police and Director of the Department of Parking and Traffic.

(1) Except as provided in Section 10C.8, fees, charges or costs imposed for the towing or storage of vehicles or the amount charged for removal of components of a vehicle may be waived or reimbursed to the owner or person in lawful possession of the vehicle if the fees, charges or costs were incurred:

(a) Because the subject vehicle was towed and stored at the order of the San Francisco Police Department to examine the vehicle for evidence of a crime;

(b) Because the subject vehicle was towed and stored by the order of the San Francisco Police Department or the Department of Parking and Traffic and said towing or storage was not authorized by any of the several provisions of the Vehicle Code of the State of California;

(c) Because officers, agents or employees of the San Francisco Police Department or the Department of Parking and Traffic were negligent in reporting, filing, or recording the circumstances of the towing and storage of the vehicle;

(d) Because officers, agents or employees of the San Francisco Police Department or the Department of Parking and Traffic were negligent in reporting a vehicle as subject to towing or storage or ordering a vehicle towed and stored when, in fact, such vehicle was not subject to towing and storage; or

(e) Because a vehicle was towed or stored by order of the San Francisco Police Department or the Department of Parking and Traffic for removal of components of the vehicle, which components were placed on the vehicle in violation of Section 10751 of the Vehicle Code.

(2) Residents of the City and County of San Francisco who own or are in lawful possession of a vehicle that has been stolen and recovered within the City and County of San Francisco shall be exempt from payment of the administrative fee imposed by Section 170.1 of the Traffic Code.

(3) No person shall be exempt from or reimbursed for tow and storage charges collected pursuant to Section 170.2-A of the Traffic Code.

(4) Pursuant to the provisions of Section 10C.8, indigent owners of vehicles and victims of auto theft shall be exempt from paying fees, charges, or costs imposed for the towing and storage of the vehicle and shall be entitled to reimbursement for the same if collected.

(Amended by Ord. 387-84, App. 9/7/84; Ord. 56-92, App. 2/20/92; Ord. 292-94, App. 8/4/94; Ord. 300-99, File No. 991830, App. 11/24/99; Ord. 191-05, File No. 051003, App. 7/29/2005)

No reimbursement or voucher shall be made to the owner of a vehicle or the person in lawful possession of said vehicle pursuant to the provisions of this chapter, if:

(a) The owner or person in lawful possession of the vehicle is chargeable with violation of any law of the City and County of San Francisco, the State of California or the United States, and said charge relates to the towing and storage of the vehicle or the removal of component parts thereof; or

(b) Reimbursement is requested pursuant to Subsections (c) or (d) of Section 10C.1 of this Chapter and the owner or one in lawful possession of the vehicle was contributorially negligent; or

(c) The owner or other person in lawful possession of a motor vehicle, including a firm or corporation which owns vehicles used for commercial purposes, cannot show evidence of financial responsibility for said vehicle as required by Section 16020 of the California Vehicle Code.

(Added by Ord. 68-76, App. 3/12/76; Ord. 300-99, File No. 991830, App. 11/24/99)

The amount of the requested reimbursement or voucher shall not exceed the actual fee, charges or cost to the person requesting reimbursement or voucher nor shall such request exceed the amount of the usual towing and storage fees as stated in the most recent contract between the Purchaser of Supplies of the City and County of San Francisco and such companies, corporations or individuals for the towing and storage of vehicles made pursuant to Section 163 of Part II, Chapter XI, of the San Francisco Municipal Code (Traffic Code).

(Added by Ord. 68-76, App. 3/12/76)

The Chief of Police and the Director of the Department of Parking and Traffic shall designate a staff member of their departments to pay reimbursements not to exceed the amount authorized for payment of unlitigated claims under Section 10.21. Payments in excess of that amount shall be subject to approval of the Police Commission or the Parking and Traffic Commission and submitted to the Board of Supervisors for approval. Such payments shall be made from the Cash Revolving Fund as set forth in Sections 10.151-1 and 10.169-2.

(Amended by Ord. 387-84, App. 9/7/84; Ord. 56-92, App. 2/20/92)

Requests for reimbursement or exemption from payment of fees, charges or costs incurred must be presented to the Director of Parking and Traffic or his or her designee, on a form provided therefor, within 30 calendar days of the date of the tow of the vehicle. The Director, or his or her designee, may, in his or her sole discretion, extend this deadline for good cause shown.

(Amended by Ord. 387-84, App. 9/7/84; Ord. 56-92, App. 2/20/92; Ord. 300-99, File No. 991830, App. 11/24/99)

Requests for reimbursement or a voucher shall be itemized, giving full particulars of all the circumstances known to the complainant. The Chief of Police or Director of the Department of Parking and Traffic may request such additional information as necessary to determine the legitimacy of the request or exemption.

(Amended by Ord. 387-84, App. 9/7/84; Ord. 56-92, App. 2/20/92)

No request for reimbursement or for a voucher, made pursuant to the provisions of this Chapter, shall be considered by the Chief of Police or Director of the Department of Parking and Traffic if the person requesting reimbursement or exemption has a policy of insurance that provides for

reimbursement to the owner or one in lawful possession of the vehicle for towing and storage of vehicles or removal of component parts thereof under the same circumstances as the provisions of this Chapter.

(Amended by Ord. 387-84, App. 9/7/84; Ord. 56-92, App. 2/20/92)

Should the owner of the vehicle or one in lawful possession sign an affidavit, under penalty of perjury, that said person is indigent and does not immediately have the funds to pay the accrued towing, storage or removal of component fee, the Chief of Police or the Director of the Department of Parking and Traffic or his or her designee shall immediately make such investigation as necessary to ascertain if said indigent person is entitled to immediate possession of his or her auto without the payment of the fees incurred for towing, storage or removal of component parts of said auto.

(a) Should the Chief of Police, the Director of Parking and Traffic or his or her designee, after an investigation, decide that the towing, storage or removal of the component parts of an auto comes within the provisions of Section 10C.1(a), (b), (c), (d) or (e) of this Chapter and the owner of the vehicle or one in lawful possession signs an affidavit of indigency, the Chief of Police, the Director of Parking and Traffic or his or her designee shall issue a voucher directed to the person, firm or corporation having custody of the auto. Said voucher shall be on a form jointly approved by the Controller, the Chief of Police and the Director of the Department of Parking and Traffic.

(b) Upon presentation of this voucher to the person, firm or corporation having custody of the vehicle, the vehicle shall be repossessed by the person presenting the voucher, without further payment.

(c) The person, firm or corporation receiving the voucher may present the voucher to the office of the Police Department designated by the Chief of Police, or the office of the Department of Parking and Traffic designated by the Director of that Department, for payment of the fees stated on the voucher.

(Amended by Ord. 387-84, App. 9/7/84; Ord. 56-92, App. 2/20/92)

SEC. 10C.8-1.

(Amended by Ord. 387-84, App. 9/7/84; repealed by Ord. 191-05, File No. 051003, App. 7/29/2005)

All requests for reimbursement or exemption, presented pursuant to the provisions of this Chapter shall be under penalty of perjury.

(Amended by Ord. 387-84, App. 9/7/84)

No request for reimbursement or a voucher shall be considered by the Chief of Police unless and until the person requesting reimbursement agrees in writing that said person will, without reservation, cooperate in prosecuting any persons responsible for any violation of law giving rise to the request for reimbursement or exemption.

(Amended by Ord. 387-84, App. 9/7/84)

Whenever reimbursement or a voucher is given or made, pursuant to the provisions of this Chapter, the City and County of San Francisco is subrogated to all rights and privileges, at law or equity, of the person, his or her heirs or assigns, to whom payment was made to recover any monies, from any source whatsoever, due to the person requesting reimbursement or exemption arising from the activity that caused the fees, charges or costs to be incurred.

(Amended by Ord. 387-84, App. 9/7/84)

Each three months, the Chief of Police and the Director of Parking and Traffic shall forward to the Board of Supervisors a report containing the amount paid pursuant to the provisions of this Chapter, to whom paid and the justification therefor.

(Added by Ord. 68-76, App. 3/12/76; amended by Ord. 56-92, App. 2/20/92)