Milpitas, CA Business Licensing & Operations: Towing Companies (2026)
Key Facts
- Who selects the tow
- Officer chooses from Chief's designated operator list
- Selection factors
- Insurance, pricing, safety record, equipment, location
- Designation status
- Discretionary; no vested right to future work
- Legal basis
- California Vehicle Code § 22651, per city code
- Governing code
- Milpitas Municipal Code § V-100-12.09
Summary
In the City of Milpitas, only a tow-truck operator on the Chief Police Officer's approved list may remove a vehicle that officers order towed from a street, park or unlawful location, and the Chief can add, refuse or drop any operator from that list at his sole discretion.
Pursuant to the authority contained in the California Vehicle Code, any vehicle parked or left standing in violation of the provisions of this Chapter upon any street, portion thereof, in any parking lots or designated areas adjacent to or at a City Park, may be removed therefrom and stored by order of any police officer, provided signs are in place giving notice of said removal. (See Section 22651 CVC.) ... Said removal shall be made by a tow-truck operator selected by said officer from a list of tow-truck operators designated by the Chief Police Officer of the City pursuant to the provisions of this Chapter. ... The Chief Police Officer, in his sole discretion, shall be empowered to refuse designation or to remove any place of storage or tow-truck operator from designation at any time and without notice as he shall deem to be in the best interests of the City of Milpitas. No operator of any place of storage or tow-truck shall acquire any vested interest in any designation by the Chief Police Officer nor any right to selection for services to be performed.
Full Breakdown
When a Milpitas police officer orders a vehicle removed for a parking violation, Milpitas Municipal Code § V-100-12.09 controls who actually tows it. Subsection 12.09-1 grounds the removal power in the California Vehicle Code, citing CVC Section 22651, and allows removal from any street, portion of a street, or from parking lots or designated areas at or adjacent to a City Park, provided warning signs are posted. Subsection 12.09-3 requires that the actual tow be performed by a tow-truck operator the officer selects from a list the Chief Police Officer maintains, not by any operator a driver or officer might otherwise call, and 12.09-4 likewise requires storage at a garage or place of storage chosen from the Chief's own designated list, picking whichever listed location sits nearest to where the vehicle was found.
Subsection 12.09-5 spells out what the Chief Police Officer weighs before adding an operator to that list: the operator's location, financial responsibility, any police or accident record of the operator or its employees, bailee and public liability insurance coverage, the reasonableness of its charges, its towing equipment, its storage structure, and the absence of dangerous towing or storage practices. Subsection 12.09-6 makes clear that designation is entirely discretionary and can be pulled at any time without notice, and that no towing company or storage yard ever acquires a vested interest or a right to future work merely by being listed.
The Chief may also, under 12.09-7, adopt regulations requiring an operator seeking designation to keep showing proof of financial and insurance responsibility, and 12.09-8 shields the City itself from liability for any act or omission under this designation program.
Violations & Fines
A towing company that removes a vehicle under a Milpitas police order without being on the Chief Police Officer's designated operator list, or that stores a vehicle somewhere other than a listed place of storage, is operating outside Milpitas Municipal Code § V-100-12.09's designation program, and the Chief Police Officer may refuse or revoke that operator's designation at any time without notice.
Frequently Asked Questions
Can any towing company tow a car for the Milpitas Police?
How does a tow company get on Milpitas' approved list?
Can Milpitas remove a towing company from its approved list without notice?
Sources & Official References
Other rules in Milpitas
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