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

Stat.. 562 aareement shall contain: the duration of the aareement: the time of 563 day that such towina or removal is authorized: the days of the week 564 that such towina or removal is authorized. the fees to be paid for 565 the towina or removal. and the sianatures of both the property 566 owner. or the authorized representative. and the owner. or 567 authorized representative. of the towina service. certifvina that each 568 has read and is in compliance with all of the provisions of section 569 715.07. Fla. as amended. Stat.. 570 2) A COpy of the completed aareement is on file with the 571 police department. Toni L.Craig 5/ 4/ 2006 12 572 3) Where the private real property is provided for 573 residential parkina other than for a sinale- family residence. the 574 aareement shall not authorize the towina service to tow away or 575 remove any vehicle without a verified reauest to remove the 576 specific vehicle by the property owner or an authorized 577 representative as permitted in subsection ( 4) below. A property 578 owner's representative may include a resident manaaer. a property 579 manaaer or other aaent who has the leaal authority to bind the 580 owner. but may not be an officer. employee or aaent of a towina 581 service. 582 4) Owners of properties used for residential purposes may 583 elect to authorize the towina service to tow away or remove 584 vehicles without a verified reauest to remove a specific vehicle 585 between the hours of 12: 00 midniaht and 7: 00 a. m. provided that 586 the owner first comply with the followina reauirements: 587 a. Sianaae shall be added to each of the existina tow 588 away sians with letters of the same size as the " tow away" 589 lanauaae. which provides the followina words: " Roam Towina. 590 12: 00 midniaht -- 7: 00 a. m.". 591 b. The towina contract on file with the police 592 department shall be amended to provide for roam towina between 593 the hours of 12: 00 midniaht and 7: 00 a. m. 594 c. A photoaraph of the " offend in a" vehicle shall be 595 taken prior to its removal and should be maintained by the wrecker 596 company for a minimum period of two years. The photoaraph shall 597 demonstrate the violation of law. rule or reaulation for which the 598 vehicle is beina towed. 599 d. Lease. rental or property owners' association 600 documents shall contain a notice provision indicatina that the 601 residential property utilizes roam towina. In the case of properties 602 with existina leases. rental aareements or property owners' 603 association documents. it shall be sufficient to notifv bv reaular 604 mail. at the last known address. each of the tenants/ owners of the 605 property prior to the initiation of roam towina. All amendments to or 606 new leases. rental aareements or property owners' association 607 documents shall contain the provision aivinQ notice that the 608 property owner intends to utilize roam towina. and a complete and 609 specifically detailed list of all towina instructions and rules violations 610 that will result in towina. A COpy these provisions must be posted in 611 the rental office and the common area. A COpy must also be 612 maintained on file in each tow vehicle removina vehicles from the 613 property. The police chief shall review and approve the parkina 614 rules. At the entrance or entrances a sian shall be posted statina 615 where the parkina rules can be read by residents and auests. The Toni L.Craig 5/ 4/ 2006 13 616 parkina rules shall be posted in a public area at the complex. The 617 manaaement. to ensure that they have not been altered. should 618 reaularly inspect them: any sian that is removed or defaced shall be 619 replaced within 30 day. 620 5) The provisions of this section shall not apply to: 621 a. The towina of vehicles pursuant to other 622 provisions in this chapter. 623 b. The towina of vehicles from property appurtenant 624 to and obviously a part of a sinale-family residence. 625 c. When notice is personally aiven to the owner or 626 other leaally authorized person in control of the vehicle that the 627 area in which that vehicle is parked is reserved or otherwise 628 unavailable and that the unauthorized vehicle will be removed at 629 the owner's or operator's expense. 630 631 11. 12. 053 Notice not Reauired for Emeraency 632 Removal 633 The 24- hour notice reauirement of this section shall not 634 apply where the tow is of an emeraency nature and the owner has 635 notified the police department prior to removina the vehicle. The 636 term " emeraencY" in this section shall only include circumstances 637 where the usual operation of a business is impeded by the blockina 638 of entrances. exits or access to operational eauipment. but 639 specifically shall not include tows for the purpose of clearina 640 parkina areas. 641 642 11. 12. 054 Delivery to StoraQe Site Required 643 All vehicles towed shall be towed directly to the storaae site 644 owned or leased by the towina service and the vehicle shall not be 645 kept in any temporary holdina area. 646 647 11. 12. 055 Towina Service Response Reauirements 648 Each towina service shall staff or monitor its telephones at 649 alltimes ( paaer only does not satisfy this requirement) and 650 immediately advise any vehicle owner or authorized representative 651 who calls by telephone of the followina: 652 1) Each and every document or other item which must be 653 produced to retrieve the vehicle. 654 2) The exact charaes as of the time of the telephone call. 655 and the rate at which charaes will accumulate thereafter. 656 3) The acceptable methods of payment. 657 4) That the vehicle can be picked UP within one hour of 658 reauest. Toni L.Craig 5/ 4/ 2006 14 659 660 661 662 11. 12. 06 Maximum Towino and Storaoe Fees: Violation 663 Maximum towino and storaoe fees. for Drivate DroDertv and 664 rotation system towino and storaoe shall be established annuallv 665 Drior to December 31 of each year bv resolution of the city council. 666 Such maximum fees shall be effective durino the followina calendar 667 year and until chanoed bv subseauent resolution. 668 Violation of any maximum towina and storaae fees shall 669 constitute a non- criminal offense and shall be orounds for 670 susDension from the rotation system as outlined in the 671 administrative rules and reoulations Dromulaated bv the Dolice chief 672 and automatic susDension of the owner's or oDerator' s Drivileae to 673 enaaoe in the business of Drivate DroDertv towino. 674 675 676 11. 12. 07 Form of Payment for Charoes 677 A Derson. firm or corporation which Drovides Drivate DroDertv 678 towina and storaae services in the City shall acceDt Davment for 679 charaes from the vehicle owner or authorized reDresentative bv 680 cash or valid maior credit card or debit card. 681 682 683 11. 12. 08 Release UDon ODerator Return 684 The owner or oDerator of any towino service vehicle which is 685 summoned to tow away any vehicle. whether on a Dublic street. 686 Dublic DroDertv. or Drivate DroDertv. shall not remove or tow the 687 vehicle away and shall not charoe any fee if the vehicle oDerator 688 returns to the vehicle Drior to the towina service oDerator havino 689 Dhvsicallv connected the vehicle to the towina aDDaratus. 690 Phvsicallv connected" means one half of the wheel lift aooaratus 691 surroundino a tire or the winch hook beina DroDerlv hooked to the 692 vehicle in an aDDroDriate Dlace on the vehicle where it can safelv be 693 towed or winched. If the vehicle is Dhvsicallv connected but not 694 towed away. the towina comDanv may charae UD to one- half of the 695 allowable fees as set forth in this chaDter. 696 If the reoistered owner or other leoallv authorized Derson 697 arrives at the scene Drior to the removal or towino of the vehicle. 698 the vehicle shall be disconnected from the towinq or removal 699 aDDaratus. and that Derson shall be allowed to remove the vehicle 700 without interference UDon Davment of a reasonable service fee of 701 not more than one- half of the Dosted rate. for which a receiDt shall 702 be oiven. unless that Derson refuses to remove the vehicle which is Toni L.Craig 5/ 4/ 2006 15 703 otherwise unlawfullv parked. Removal or towina of the vehicle shall 704 be defined as removina the vehicle off of the phvsical premises that 705 the towina contract encompasses. 706 707 708 11. 12. 09 Receipt for Towina Services 709 When a towed vehicle is claimed. the towina service shall 710 furnish the owner or other leaallv authorized person with a receipt 711 that shall include the name of the person who authorized the 712 towina. the specific. itemized charaes for the towina service and all 713 related fees. and shall include the followina lanauaae: " Notice: 714 Towina from private property is reaulated bv the provisions of 715 Section 715. 07. Florida Statutes. as amended. and City of Fort 716 Walton Beach Ordinance." 717 718 11. 12. 10 Prohibitions: penalties. 719 The followina activities are prohibited: 720 1) It shall be a violation of this chapter to charae any fee 721 that is based on police response to a call bv the owner of a vehicle. 722 2) It shall be a violation of this chapter to charae a release 723 fee for towed vehicles that are released from storaae facilities 724 durina normal business hours. 725 3) It shall be a violation of this chapter for any person other 726 than the real property owner or an authorized representative of the 727 owner to move. remove or deface any tow away sian. 728 4) It shall be a violation of this chapter for any owner or 729 wrecker emplovee of a towina or wrecker service to compensate. 730 bv cash or in- kind services. a property owner or their aaents in 731 exchanae for any aareement to tow vehicles from the property 732 owner's property. 733 5) It shall