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

first reaistered the owner. wrecker operators and towina 388 service vehicles with the police department. usina a format 389 approved by the police department. The information for reaistration 390 shall contain the make. model and manufacturer's serial number of 391 the vehicle: date the vehicle was put into service: the driver's 392 license number of the owner and of all towina service vehicles: the 393 name of the insurance company or companies with which the 394 owner and operators have liability insurance coveraae for the 395 operation of the vehicle as reauired by law: the name and driver' s 396 license number of all employees involved in the towina of vehicles 397 from public and private property. and such other information as may 398 be reauired. Toni L.Craig 5/ 4/ 2006 8 399 400 401 11. 12. 03 Wrecker Operator' s Permit Violations 402 11. 12. 031 Operator Permits 403 No wrecker operator shall enaaae in private property or 404 rotation towina without first havina obtained a written permit from 405 the owner of the company such operator is emploved bv or such 406 owner's desianee. Each permit will meet the followina 407 specifications. 408 1) Each card shall be not less than 2 1/ 8 inches bv 3 3/ 8 409 inches. 410 2)Each card shall contain a photoaraph of the wrecker 411 operator that is not less than one inch bv 1 1/ 2 inches. 412 3) Each card shall contain the name of the wrecker service 413 and wrecker operator's first name in letters that are not less than 414 one- fourth inch bv one- fourth inch. 415 4) Each card shall contain a control number that can be 416 linked back to the driver' s personal information. 417 5) Each card shall contain a place for the wrecker 418 administrator to validate the card. After the card is validated it shall 419 be laminated to protect the information contained on the card. If the 420 permit is lost. damaaed. stolen or becomes iIIeaible the card will be 421 immediatelv replaced. 422 423 11. 12. 032 Wrecker Service Owner Responsibilitv 424 It shall be unlawful for the owner of any wrecker service to 425 permit any person to be emploved as a wrecker operator within the 426 city unless such person has been aranted a written permit to 427 enaaae in private property or rotation towina bv the police chief. 428 Each permit shall be valid for two years from date of issuance. 429 430 11. 12. 033 Permit 431 To securewrecker operator permit. an applicant must a 432 provide the followina information on a form provided bv the city 433 manaaer. 434 1)Provide the wrecker administrator a certified copy from 435 the Florida Department of Law Enforcement of his criminal history 436 and a certified COpy of his drivina record from the Florida 437 Department of Hiahwav Safety and Motor Vehicles: 438 2) Be at least 18 years of aae: 439 3) Possess a valid Florida Class D driver' s license and 440 provide a photocopy to the wrecker administrator: 441 4) Not have been convicted of the followina: Toni L.Craig 5/ 4/ 2006 9 442 a. Any felony if the applicant' s civil riahts have not 443 been restored: 444 Any felony or first dearee misdemeanor directly b. 445 related to the business of towina motor vehicles: or 446 c. Within the previous five years. of drivina under the 447 influence of alcohol. a controlled substance. or a chemical 448 substance. to the extent that normal faculties are impaired: drivina 449 with an unlawful blood alcohol level: or any other criminal traffic 450 offense. 451 452 11. 12. 034 Revocation of Permit 453 The police chief may revoke the privileae of any person to do 454 private property towina on any of the followina arounds: 455 1) If the towina service owner or operator fails to reaister 456 as reauired by this chapter: 457 2) If the reaistration contains false statement of a material 458 fact 459 3) If the towina service owner or wrecker operator provides 460 monetary or other compensation to the private property owner for 461 the privileae of towina vehicles from the property under contract 462 4) The towina service owner or operator provides 463 monetary compensation to the private property owner for each 464 individual vehicle towed from the property: 465 5) If the towina service owner or wrecker operator charaes 466 fees in excess of those set by council resolution: 467 6) If the towina service owner or wrecker operator violates 468 any of the provisions of section 715. 07. Fla. Stat.. as amended. or 469 this chapter: or 470 7) If a wrecker operator fails to display on or about his 471 person or on the dashboard of the wrecker. easily visible to the 472 public. the wrecker operator permit while performina a private 473 propertv or rotation tow. 474 475 11. 12. 035 Violations: Penalty 476 Complaints reaardina any violation of the provisions of this 477 chapter shall be referred to the police chief. Three violations of the 478 provisions of this chapter by any owner or operator of a towina 479 service or towina service vehicle shall result in the automatic 480 suspension of the owner's or operator's privileae to enaaae in the 481 business of private property towina. An owner shall not be 482 suspended for acts of an employee/ operator in violation of this 483 section unless the owner actively participated in or had knowledae 484 of the violation and took no corrective action aaainst the 485 employee/ operator. Tom L.Craig 5/ 4/ 2006 10 486 1) The owner or operator shall be informed in person or by 487 certified or reaistered mail within seven days prior to the effective 488 date of the suspension. 489 2) The owner or operator may make a written reauest for a 490 due process hearina within 15 calendar days of the date of the 491 suspension. Failure to reauest a hearina within the 15 calendar-day 492 period shall constitute a waiver by the owner or operator of any 493 riaht to a hearina. 494 3) The city council shall establish by resolution rules 495 aovernina the conduct of the hearina to ensure the due process of 496 law. 497 4) Upon a review of the evidence presented at the hearina. 498 the police chief may revoke the owner's or operator's privileae to 499 enaaae in the business of private property towina for UP to one 500 year. 501 502 11. 12. 036 Lenath of Revocation 503 Any towina service owner or operator whose privileae to 504 enaaae in the rotation or private property towina has been revoked 505 shall not be eliaible to aaain reaister with the police department for 506 private property towina for a period of one year from the date of 507 revocation. 508 509 11. 12. 037 Appeal 510 Any towina service owner or operator whose privileae to 511 enaaae in the business of rotation or private property towina has 512 been revoked may file an appeal within ten ( 10) days of the date of 513 revocation pursuant to the hearina officer appeals process as 514 specified in rules established by the city manaaer and and city 515 attorney. subiect to approval of city council. 516 517 518 11. 12. 038 Rotation Wrecker Towina Svstem 519 The police chief is authorized to establish a rotation wrecker 520 towina svstem utilizina aualified. reputable wrecker operators for 521 the removal and storaae of wrecked or disabled vehicles when the 522 owner or operator of the vehicle leaves the procurement of a 523 wrecker service to an investiaatina police officer. The city manaaer 524 and police chief shall be authorized to promulaate rules and 525 reaulations for the administration of the Rotation Wrecker Towina 526 System. 527 Toni L.Craig 5/ 4/ 2006 11 528 11. 12. 04 Storaae area reauirements. 529 In addition to the reauirements of section 715. 07. Fla. Stat.. 530 as amended. storaae sites utilized by wrecker owners for the 531 storaae of motor vehicles towed pursuant to private property or 532 rotation towina must be within the city limits: capable of beina 533 securely locked: be not less than 7. 500 sauare feet: be surrounded 534 by a chain link or solid wall type fence at least six feet in heiaht: and 535 be illuminated with liahtina of sufficient intensity to reveal persons 536 and vehicles at a distance of at least 150 feet durina niahttime. 537 538 539 11. 12. 05 Conditions of Private Property Towina 540 11. 12. 051 Approval of Private Property Towina Sians 541 It shall be unlawful for a person hired by the owner of private 542 property within the city to do any private property towina without 543 havina first obtained approval from the police department of the 544 sians posted on the property. In addition to the reauirements of 545 section 715. 07. Fla. Stat.. as the wordina on the sian amended.. 546 shall indicate if towina is conducted other than normal business 547 hours by the postina of a sian indicatina " 24 hours per day. " 548 549 11. 12. 052 Reauirements for Private Property Towina 550 Operations 551 It shall be unlawful for any person to tow or cause to be 552 towed any vehicle parked on private real property unless the 553 provisions of section 715. 07. Fla. Stat.. as amended. and the 554 followina reauirements are met: 555 1) The owners of the real property and the towina service 556 shall have executed. at least 24 hours prior to the towina or 557 removal of any vehicle. a written aareement for private property 558 towina. The form for such aareement shall be provided by the 559 police department. and mav not be amended or modified in any 560 manner. to provide for terms or activities that violate the provisions 561 of this chapter or section 715. 07. Fla. as amended. The