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

be a violation of this chapter to exceed the fees 734 set bv council. 735 6) Except for towina in the normal course of its business. it 736 shall be a violation of this chapter for a towina or wrecker service to 737 tow vehicles from its property or the property of its aaents. unless 738 the property is the towina service owner's primary place of 739 business. 740 7) It shall be a violation of this chapter to operate a 741 wrecker without maintainina insurance coveraae in the followina 742 minimum amounts: 743 a) Garaae liabilitv insurance in an amount of not 744 less than $ 300. 000 combined sinale limit liabilitv. 745 b) Garaae keeper' s leaalliabilitv in an amount of not 746 less than $ 50. 000. coverina perils of fire and explosion: theft of a Toni L.Craig 5/ 4/ 2006 16 747 vehicle. its parts. or contents: riot and civil commotion: vandalism. 748 and malicious mischief. 749 c) On- hook coveraae in an amount of not less than 750 50.000 coverina damaae to a vehicle or vehicles in tow. 751 d) Bodilv iniurv liabilitv insurance and property 752 damaae liability insurance in amounts of: not less than $ 50. 000 per 753 occurrence for a wrecker with a cross vehicle weiaht of less than 754 35. 000 pounds: not less than $ 100. 000 per occurrence for a 755 wrecker with a cross vehicle weicht of less than 35. 000 pounds or 756 more but less than 44. 000 pounds: and not less than $ 300. 000 per 757 occurrence for a wrecker with a cross vehicle weicht of more than 758 44. 000 pounds. 759 8) It shall be a violation of this chapter for any owner or 760 wrecker employee of a towina or wrecker service to attach a towed 761 vehicle in such a manner that it is not travelinc in a straiaht line 762 behind the wrecker ( otherwise known as " crabbinc"). so that both 763 vehicles fail to remain in a sinale lane of travel. in violation of F. S. & 764 316.089( 1 ). 765 9) It shall be a violation of this chapter for any owner or 766 wrecker employee of a towina or wrecker service to demand a " no 767 tow" fee if the vehicle they are physically connected to exceeds the 768 cross vehicle weiaht of the wrecker. For example. a Class A 769 wrecker is not capable of towino a Class C vehicle because the 770 combined weiaht of the two vehicles exceeds the cross vehicle 771 weicht capability of the wrecker. 772 773 774 11. 12. 11 Owner Recuests For Service: Wreck- Chasina 775 Prohibited 776 The rotation system rules and fees do not apply to a vehicle 777 owner' s recuest for utilization of a specific wrecker operator or 778 company when such request can be reasonablv honored. It is 779 unlawful pursuant to F. S. & 323.002( 2)( b)'for any person to solicit 780 any wrecker business. directlv or indirectly. at the scene of a 781 wrecked or disabled vehicle. recardless of whether the solicitation 782 is for the purpose of towinc. repairina. wreckina. storinc. tradinc. or 783 purchasina the vehicle. It is unlawful pursuant to F. S. & 784 323. 002( 2)( b) for any person operatina a wrecker to brina the 785 wrecker to the scene of an accident unless such wrecker has been 786 called to the scene by the police department or by the owner. 787 operator. or other person responsible for a vehicle involved in the 788 accident. 789 5/ 4/ 2006 17 Toni L.Craig 790 11. 12. 12 Liens for Recoverina. Towina. Storina: Publication 791 of Notice 792 Anv person reaularlv enaaaed in the business of recoverina. 793 towina or storina vehicles who comes into possession of a vehicle 794 pursuant to & 713. 78( 2), Fla. Stat.. and who claims a lien for 795 recovery. towina. or storaae services. shall aive notice to the 796 reaistered owner and to all persons claimina a lien thereon. as 797 disclosed bv the records in the Florida Department of Hiahwav 798 Safety and Motor Vehicles or of a correspondina aaencv in any 799 other state. The notice shall be as provided in & 713. 78( 4). Fla. 800 Stat.. and shall provide a date. time and place for the sale 801 authorized pursuant to & 713. 78. Fla. Stat. 802 If publication of notice is reauired. such notice shall be 803 published in a newspaper of aeneral circulation in the county which 804 is published at least one day a week and of aeneral interest and 805 readership in the county pursuant to chapter 50. Fla. Stat. 806 807 808 11 . 12. 13 Violations: Penalties 809 In addition to those penalties imposed bv & 715. 07. Fla. 810 as amended. violation of any provision of this chapter. Stat.. 811 includina any of the reauirements of & 715. 07. Fla. Stat.. as 812 amended. shall be subiect to the followina civil and criminal 813 penalties: 814 ( a) Anv person who violates this chapter shall be liable to 815 the owner or lessee of the vehicle for all costs of recovery 816 ( includina all towina and storaae. fees) plus attorney' s fees and 817 court costs. and shall in addition be liable to the owner or lessee of 818 any towed or removed vehicle for damaaes resultina directlv or 819 indirectlv from the removal. transportation or storaae of the vehicle. 820 ( b) Anv person who violates any of the provisions of this 82l chapter mav upon conviction be punished bv a fine not to exceed 822 $ 500 or bv imprisonment in the county iail for a term not exceedina 823 60 days. or bv both such fine and imprisonment. 824 ( c) Violation of anv provision of the maximum towina and 825 storaae charaes shall constitute a non- criminal offense and shall be 826 arounds for suspension from the rotation svstem as outlined in the 827 administrative rules and reaulations and automatic suspension of 828 the owner's or operator's privileae to enaaae in the business of 829 private property towina. 830 831 832 SECTION 5. REPEAL OF CONFLICTING PROVISIONS Toni L.Craig 5/ 4/ 2006 18 833 In the event any ordinance or parts of ordinances are in conflict with any 834 other provision of the Code, the provisions of this Ordinance shall prevail. 835 836 SECTION 6. SEVERABILITY 837 Should any provision or portion of any provision in this ordinance be 838 declared by a court of competent jurisdiction to be invalid, such decision shall not 839 affect the other provisions. 840 841 SECTION 7. EFFECTIVE DATE. 842 This Ordinance shall take effect immediately upon approval by the City 843 Council and signature of the Mayor. 844 845 846 847 Adopted: 2006 848 Mike Anderson, Mayor 849 850 851 Attest: Approved as to form and legal 852 sufficiency. 853 854 855 856 Helen A. Spencer, City Clerk Toni L.Craig, City Attorney 857 858 859 860 861 New language is underlined. Codification Instructions: Sections 1, 2, 5, 6, 7, are not codified. 862 Deleted language is strisken. Section 3, removes chapter 8. 11; 8. 11 Reserved 863 Section 4, add to Volume II as new Chapter 11. 12. 864 Toni L.Craig 5/ 4/ 2006 19  1 RESOLUTION: 06- 10 2 3 A RESOLUTION OF THE CITY OF FORT WALTON 4 BEACH, FLORIDA, ESTABLISHING PROCEDURES 5 FOR HEARING OFFICER PROCEEDINGS, AND 6 PROVIDING AN EFFECTIVE DATE. 7 8 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT 9 WALTON BEACH: 10 11 Section I. The City Council hereby establishes, pursuant to the terms of 12 Ordinance 1671, the procedures for the police chief or his designee to act as the hearing 13 officer regarding complaints for violations by wrecker operators and owners in the city 14 limits of the City of Fort Walton Beach. 15 16 Section II. Hearing Officer Assignment. 17 The City Manager shall assign either the police chief or another designee as the 18 hearing officer for all purposes under this resolution. 19 20 Section III. Hearing Officer Authority. 21 The hearing officer shall have jurisdiction and authority to hear, decide, and issue 22 orders and directives regarding any violation of the provisions of Ordinance 1671, as 23 codified, and any violation of Florida law and the Code of Ordinances relating to the 24 provision, licensing, and conduct of wreckers, wrecker operators and owners, and all 25 wrecker related services. 26 27 Section IV. Procedures; Penalties 28 A. Notice of Action 29 1. Any person may make a complaint of a violation of the provisions 30 of Ordinance 1671, as codified, or any provision of Florida law or the Code of 31 Ordinances by a wrecker owner or operator, on a form available at the police department. 32 2. Upon receipt of any complaint, the hearing officer shall detennine 33 whether the complainant seeks a hearing on the complaint. If the complainant seeks a 34 hearing, the hearing officer shall establish a hearing date, not longer than fifteen (15) 35 days from the date of the complaint. 36 3. If the hearing officer schedules a hearing, the hearing officer shall 37 infonn the complainant and the owner and operator by certified mail, mailed to the 38 primary place of business, at least seven days prior to the hearing date. 39 4. Such notification shall infonn the complainant, owner, and 40 operator of the time, date, and location of the hearing, and shall attach a copy of the 41 complaint. 42 5. The Hearing Officer shall attempt to accommodate any reasonable the 43 request for the time of the scheduled hearing, so long as the hearing is held between 44 hours of9: 00 a.m. and 5: 00 p.m. 1 45 46 B. Conduct of Hearing 47 1. Any hearing shall commence promptly at the time scheduled for 48 the matter and shall not be delayed or continued unless agreed, in writing, by the 49 complainant, the owner and operator and the hearing officer. 50 51