Fort Walton Beach Council agenda — 05-09-06 ‎(workshop)‎ — reading text

CITY OF FORT WAL TON BEACH City Council Workshop Agenda - May 9, 2006 - 5: 30 P.M. City Council Chambers 107 Miracle Strip Parkway, SE Fort Walton Beach, FL 32548 CALL TO ORDER PLEDGE OF ALLEGIANCE I WORKSHOP AGENDA 1. Discussion on issues that were raised during meeting with Wrecker Companies about proposed Ordinance (City Attorney) ( See Backup). 2. Discussion about boardlcommittee membership & absences. ( Council Member Pullen) ( See Backup) 3. Discussion about Neighborhood meetings ( Council Member Pullen) ( See Backup) 4. General Public ( on items of City business). ADJOURN will need a Any person who decides to appeal any decision made with respect to any matter at this meeting record of the proceedings, and for such purpose may need to ensure that a verbatim record of the includes the testimony and evidence which the appeal is to be proceedings is made, which record upon based. (FS286.0105). The City of Folt Walton Beach adheres to the American with Disabilities Act and will make reasonable modifications for access to this meeting upon request. Please call City Cleric Helen Spencer at 850- 833- 9509 or 1- to make a request. For Hearing Impaired dial the City Hall TOO # 850- 833-9925 or 1- 800- 955-8771 ( TOO) in order to 800-955-8770 (Voice). Requests must be received at least 48 hours in advance of the meeting allow the City time to provide requested service.  CITY COUNCIL WORKSHOP Ma 9, 2006 Workshop Agenda Discussion regarding issues raised during meeting with Wrecker Companies about proposed ordinance City Attorney) WA- 1 Agenda Item Number:  Toni L. Craig Attorney at Law ATTORNEY SUMMARY FOR ORDINANCE 1671 WRECKER OPERATIONS AND SERVICES On April 19, 2006, the City held an informal workshop to gather input from wrecker operators and owners regarding the substance of Ordinance 1671. There were approximately 15 participants and included representatives from King' s Towing, Gator's, Coopers, C& B, CB, et aI, Holmes Towing, Playground, Emerald Coast, Ai' s Towing & Recovery, and DC Towing. The following information summarizes Ordinance 1671. The boxes indicate comments made during the informal workshop. The number in the boxes is the number of operators that agreed with the comment. Much discussion was had regarding the various Florida Statutes that govern wrecker operations and services. Comments made that are sufficiently addressed in Florida Statutes are not included here. 1. Definitions Consistent with Florida Statutes 2. Registration, Permitting a. Requires three types of registration: Owner Operator Vehicle Comment: (2) A wrecker truck should be registered and permitted to only one company or one operator. However that company or operator is permitted should determine how the company is put on the rotation system. Individuals should not receive more cycles on the rotation list simply because they have a different company name. b. Requires registration/ permit card and display of card. c. To get permit must: provide the wrecker administrator a certified copy from the Florida Department of Law Enforcement of his criminal 5/ 4/ 2006 1 history and a certified copy of his driving record from the Florida Department of Highway Safety and Motor Vehicles; be at least 18 years of age; possess a valid Florida Class D driver's license and provide a photocopy to the wrecker administrator; not have been convicted of any felony if the applicant's civil rights have not been restored, any felony or first degree misdemeanor directly related to the business of towing motor vehicles; or within the previous five years, of driving under the influence of alcohol, a controlled substance, or a chemical substance, to the extent that normal faculties are impaired; driving with an unlawful blood alcohol level; or any other criminal traffic offense. 3. Permit can be revoked for failure to register; making a false statement of a material fact in an application; a towing service owner or wrecker operator providing monetary or other compensation to a private property owner for the privilege of towing vehicles from the property under contract; a towing service owner or operator providing monetary compensation to the private property owner for each individual vehicle towed from the property; charging excessive fees as set council resolution; violations of the provisions of section 715. 07, Fla. Stat., as amended, or this chapter; or failure to an operator permit while performing a private property or rotation tow. 4. Complaints referred to police chief. hearing officer system established ( see Hearing Officer Resolution 06- 10) 3 violations is an automatic suspension of the owner's or operator's privilege to engage in the business of private property and rotation wrecker towing. provides appeal process 5. Authorizes police chief to establish a rotation wrecker towing system. See Rotation System Resolution 06- 11 6. Establishes storage area requirements: in addition to ~ 715. 07, Fla. Stat. must be within the city limits; 5/ 4/ 2006 2 Comment: (+3) Storage facilities should be manned during regular business hours. capable of being securely locked; be not less than 7, 500 square feet; Comment: (1) The size of the storage yard should be determined by the number of average vehicles pulled during any rotation cycle. be surrounded by a chain link or solid wall type fence at least six feet in height; be illuminated with lighting of sufficient intensity to reveal persons and vehicles at a distance of at least 150 feet during nighttime. 7. Establishes conditions for private property towing: Signs in addition to 9 715. 07, Fla. Stat. approval by the police department of the sign wording on the sign shall indicate if towing is conducted other than normal business hours by the posting of a sign indicating 24 hours per day." owners of the real property and the towing service must have written agreement executed at least 24 hours prior to the towing or removal of any vehicle Comment: (+3) Signs are determined by 9 715. 07 and can be purchased through the state. This is an additional burden for the property owners. Contract written agreement must contain the duration of the agreement; the time of day that such towing or removal is authorized; the days of the week that such towing or removal is authorized, the fees to be paid for the towing or removal, and the signatures of property owner and the owner of towing service 5/ 4/ 2006 3  a copy of the completed agreement must be on file with the I~ police department; Tow Conditions verified request required before tow if from private residential real property parking other than for a single-family residence owners properties used for residential purposes may of elect to authorize the towing service to tow away or remove vehicles without a verified request to remove a specific vehicle between the hours of 12: 00 midnight and 7: 00 a. m. if signage states " Roam Towing, 12: 00 midnight -- 7: 00 a. m.; towing contract on file with the police department states roam towing between the hours of 12: 00 midnight and 7: 00 a. m. a photograph of the " offending" vehicle taken prior to its removal and maintained by the wrecker company for a minimum period of two years. The photograph shall demonstrate the violation of law, rule or regulation for which the vehicle is being towed. the property owners' association documents contain a notice indicating that the residential property utilizes roam towing. Comment: (2) Taking photographs is too much of a burden. Maintaining photographs for two years is a far longer time frame than the routine record keeping for the wrecker company. exception to the roam towing requirements if notice is personally given to the owner of the vehicle or for emergency removal Delivery to Storage Site All vehicles towed must go directly to the storage site Response Requirements Service shall staff or monitor its telephones at all times. Must immediately advise any vehicle owner of: documents needed to retrieve the vehicle. the exact charges, and the rate at which charges will accumulate after the call. the acceptable methods of payment. the vehicle can be picked up within one hour of request. 5/ 4/2006 4 8. Authorizes Council to establish maximum towing and storage fees See Fee Resolution 06- 12 9. Requires acceptance of payment by cash or valid major credit card or debit card. Comment: (3) Not all companies accept cards; cash is the normal course of payment; additional expense to company if it is required to accept payment by credit cards. 10. Requires release upon operator return 11. Requires itemized receipt for towing services. 12. Prohibits: charging a fee for a police response call charging a release fee for towed vehicles that are released from storage facilities during normal business hours. moving, removing or defacing a tow away sign; compensating a property owner for any agreement to tow vehicles from the property owner's property. exceeding the fees set by Council towing vehicles from any property that is not towing service owner's primary place of business. operating without the minimum insurance coverage crabbing demanding a " no tow" fee if the vehicle they are physically connected to exceeds the gross vehicle weight of the wrecker prohibits solicitation of wrecker business at scene or bringing wrecker to a scene unless called excepts those tows initiated by vehicle owner 13. Establishes Lien procedures. pursuant to ~ 713. 78( 2), Fla. Stat. 14. Provides for penalties In addition topenalties imposed by ~ 715. 07, Fla. Stat., owner/operator can be subject to other civil and criminal penalties: 5/ 4/ 2006 5  all costs of