Fort Walton Beach Council agenda — 10-25-05 workshop — reading text

ar iRea- eiFeed)' either eed)', by '.\' erd, gesture, SigR er 152 atherwise, FeeeBHRene te aBY perseR the Rame ef any partieular persan engaged iR the 153 v:reeker serviee er repair bHsiHess, ner sRall sHeR eftieer inflHenee er attempt te an)' 154 iHflueRee iR maRner the eeeisieB af an)' fJerseB in ehaesiRg ar seleeting a '." reeker ar an)' Toni L.Craig Page 3 10/17/ 2005 55 56 51 5S 59 60 6\ 62 63 64 65 66 61 6S 69 10 1\ 12 13 14 15 16 11 1S 19 SO S\ S2 S3 M S5 S6 S1 SS S9 90 9\ 92 93 94 95 96 91 9S 99 200 20\ 202 203 204 01\ 112005 205 206 4 pag,e 1 \... craig, 1' 0\\  260 ta respaRse shall be reeardea as a remark. fR eaeh sHeeeeaing eammHRieatieR ef Hie 261 iRability ar refusal ef the a':.'Her te aesigaate a ' Nf'es!, er, Hie Rent aR the list shall sampan)' 262 be eallea, aRd praper RetaasR sf eaeB SHGH saIl shall be made aR Hie master list. 263 ( fR aaditien te Hie 6) previded in seeMeR 3 g 2, a vielatian ef ~. ef the peRalt)' 264 previsieRs efthis ehapter by any ',yresker partisipatiRg iR the Pt. WalteR :Beaeh sampan)' 265 WF6eker Retatiea PregIHR shall be treatea as fella'.vs: 266 ( 1) Pi, st '/ is1& tisn: The eity maRager may SliSpeRa Hie partisipatiRg wresker eemp~' 267 Ham the retatiaR list far 30 days. 268 ( 2) & esnd ': ielstien: The eit)'manager may rema" e the partieipatiRg \', q'eeker 269 Hem the retatiaR list HRtH sHeh time as the sempan)' partieipatiRg " Teeker eaffiJ:!aR)' 270 shews, ta the maRager' s satisfaetiaR, that steps ha': e beeR takeR ta aSSHre that sit)' 271 via! atieRsb)' the partisipatiRg wreeker ae Rat eeRtiHHe. The servise mHst ee eampan)' 272 SHSpeHaea fer a miRimHH. \: ef she meRths befere making sHehshewiag. 273 ( OM. Ne. 1283, ~ 6, 5 9 95; Ora. No. 1557, ~ 8, 8 12 m) 274 275 276 SECTION IV. ENACTMENT OF NEW CHAPTER REGARDING WRECKER 277 OPERATIONS AND MAXIMUM RATES FOR SERVICES. 278 The Code of Ordinances, City of Fort Walton Beach, Florida, is amended hereby 279 by adding a new chapter regarding wrecker operations and maximum rates for wrecker 280 services which chapter shall read as follows: 281 282 Definitions 283 The following words. terms and phrases. when used in this chapter. shall have the 284 meanings ascribed to them in this section. except where the context clearly indicates a 285 different meaning: 286 287 Abandoned vehicle shall mean any vehicle which has not been moved in 72 hours and is 288 located on public property. including. but not limited to a citv street or right- of-way. 289 290 Contracted wrecker shall mean the city pull- in wrecker service which is negotiated by the 291 city to provide certain towing services for the city. 292 293 Rotation wrecker shall mean a wrecker meeting the requirements of this chapter and 294 registered with the police department as a rotation wrecker. 295 296 Wrecker shall mean any truck or other vehicle which is used to tow. carry. or otherwise 297 transport motor vehicles or vessels upon the streets and highways of this state and which 298 is equipped for that purpose with a boom. winch. car carrier. or other similar eauipment. 299 300 Wrecker Operator shall mean any person engaged in any manner in owning. operating. 301 having a license for or driving a wrecker for the purposes of providing wrecker services. 302 303 Wrecker Service shall mean any service provided bv a person that is related to wrecker 304 operations. including but not limited to maintaining an office. place of business. or 305 storage lot in the city. contracting for towing from or immobilizing vehicles on private Toni L.Craig Page 6 10/17/ 2005  disabled vehicles from an 306 property within the city. removing and storing wrecked or 307 accident scene or private property. or removing and storing vehicles in the event the 308 owner or operator is incapacitated. unavailable. leaves the procurement of wrecker 309 service to the law enforcement officer at the scene. or otherwise does not consent to the 310 removal of the vehicle. 311 3 12 Violations 313 Unless stated otherwise. violations of this chapter are punishable as provided in 314 chapter 1- 8 of this Code. 315 316 317 License Required 318 All persons providing wrecker services shall obtain a business occupational 319 license before offering. engaging in. or providing any wrecker operation or wrecker 320 service within the City. 321 322 323 Prerequisites for License 324 The wrecker operator shall have a valid wrecker permit and provide proof of 325 vehicle and liabilitv insurance before a business occupational license will issue. 326 327 328 Wrecker Permit Required 329 In addition to a business occupational license. each wrecker operator shall have a 330 wrecker permit for each wrecker owned by the licensee. The requirements and form of 331 the application for a wrecker permit shall be adopted by resolution of the citv. Each wrecker 332 permit shall be affixed securely to the inside of the windshield of the appropriate 333 vehicle. No wrecker permit shall be transferable. and every wrecker permit shall expire at 334 12: 00 midnight on September 30 of the fiscal year in which it is issued. 335 336 337 Wreckers Not Emer2encv Vehicles 338 It is hereby declared and determined that wrecker vehicles are not emergency vehicles. and such wreckers shall comply strictly with all laws and ordinances relating to 339 340 motor vehicles. 341 342 343 Conditions for Wrecker Services in Citv Persons engaged in wrecker services within the Citv must satisfy the following 344 345 conditions. 346 347 1. Maintain business hours of operation from 8: 00 a. m. to 6: 00 p. m. 348 10/ 17/ 2005 Toni L.Craig Page 7  349 2. Have prominentlv posted a sign indicating a telephone number where the 350 operator of the site can be reached at all times. 351 352 3. Provide a storage lot within 15 miles of the point of tow. 353 354 4. Provide an after- hours one- hour response time to any owner who calls to 355 redeem a vehicle towed. held. or stored at the wrecker operator' s storage area. 356 357 5. Maintain a storage area with a minimum 6' chain- link or solid- wall tvPe 358 enclosure that is illuminated with lighting of sufficient to reveal persons and intensity 359 vehicles at a distance of at least 150 feet during nighttime~ and uses a night dispatcher or 360 watchman. security dog. security cameras or similar surveillance devices or a security 361 service from sunset to sunrise to discourage theft. 362 363 6. Deliver. within 12 hours and between 9: 00 and 4: 00 p. a. m. m..any towed 364 vehicle to the repair facility of the customer' s choice so as Ion!! the repair facilitv is 365 within five miles of the city. 366 367 7. Have its name. in at least 3" permanently affixed letters. and the address and 368 telephone number. in at least 1" permanently affixed letters. clearly printed in contrasting 369 colors on the driver and passenger sides of the wrecker. 370 371 8. Have prepared billheads with the name and address of the wrecker company 372 printed on it. 373 374 9. Prepare and provide an original to the owner. before removing a disabled 375 vehicle. a bill showing the total amount charged for towing services. 376 377 10. Remove from a scene all debris and vehicle parts dislodged from the vehicle 378 being towed as a result of a vehicle crash. 379 380 11. Clear the scene of anv litter and debris so that the roadway is in a safe 381 condition. 382 383 12. Notify the police department. within 30 minutes of completion of a tow or 384 removal. of the storage site. the time the