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APPROVE AN AMENDMENT TO TITLE 10 OF THE STOCKTON MUNICIPAL CODE RELATED TO TOW VEHICLE DRIVER’S PERMIT
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RECOMMENDATION
It is recommended that the City Council adopt an Ordinance to amend Title 10 of the Stockton Municipal Code, Section 10.16.260 “Tow Driver Permit - To Whom Issued” to modify restrictions on who can obtain a tow driver permit within the city limits.
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Summary
The Stockton Police Department (SPD) is responsible for regulating drivers who can operate a tow vehicle within the city limits by the issuance of a Tow Driver Permit. The current Stockton Municipal Code (SMC) has not been changed to account for recent modifications in state law, namely Proposition 47 (reducing certain drug charges from felony to misdemeanor) and Proposition 64 (cannabis possession and use). The proposed amendment would remove the current restriction on applicants applying for a tow driver’s permit being excluded indefinitely due to a past narcotics violation. If approved, the amendment would remove restrictions in conflict with state law and provide some discretion based on the type and severity of charges on an applicant’s record. This proposed code amendment was initiated by SPD, and there are no current objections to this proposal.
DISCUSSION
Background
SMC Section 10.16.260 “Tow Driver Permit - To Whom Issued” lists specific criteria under which a tow vehicle driver’s permit shall not be issued. This excludes any applicant who had ever had a felony narcotic conviction, regardless of when it occurred. With the passage of Proposition 47 on November 4, 2014, the majority of drug possession charges were reduced from felony to misdemeanor. In addition, Proposition 64, passed on November 8, 2016, allows cannabis to be grown and possessed for personal and recreational use. These changes in state law created conflicts with the SMC, prompting staff to recommend these changes. In addition to the narcotic charge exclusion, there are also a few areas within SMC Section 10.16.260 which prescribe a five-year time limit between criminal charges or probation status and issuance of a tow vehicle driver’s permit, which also can present some conflict with the changes in state law noted above.
Present Situation
The SPD has initiated an amendment to SMC Section 10.16.260 “Tow Driver Permit - To Whom Issued” (Attachment A). The current restriction excludes any applicant who had ever had any type of felony narcotic conviction regardless of when it occurred. These restrictions have become outdated considering the passing of Propositions 47 and 64. In reviewing tow agreements from other cities, it is not uncommon for there to be restrictions of issuing permits to become a tow truck driver. However, staff proposes to provide some additional latitude for the Chief of Police application review process, recognizing there is a vast difference from a misdemeanor conviction of marijuana and a misdemeanor conviction of heroin or methamphetamine.
FINANCIAL SUMMARY
There is no anticipated financial impact on the City as a result of the Code Amendment.
Attachment A - Proposed Ordinance - Redline Version