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

communication of the inability or refusal of the 33 owner or operator to designate a wrecker, the next company on the list shall be called, 34 and proper notation of each such call shall be made on the master list. 35 g. Six ( 6) failures to respond to the dispatched location within 35 36 minutes within a 12- month rolling period will constitute a violation of this chapter and 37 may be grounds for disciplinary action as provided for in the Code. 38 39 C. Prohibitions 40 1. No wrecker operator shall follow any ambulance, police car or wrecker 41 which is traveling on a public street in response to a report of an automobile collision or 42 accident for the purpose of soliciting business. 43 2. No person shall drive a wrecker to or near the scene of an accident or r~ 44 collision on the streets of the city for the purposes of soliciting business unless such 2  when it 1 person has been called to the scene by the police department; provided, however, 2 is necessary to prevent death or bodily injury to any person involved in an accident or 3 collision, the prohibition of this subsection shall be inapplicable. 4 3. No police officer investigating or present at the scene of any wreck, 5 accident or collision on a public street shall directly or indirectly, either by word, gesture, 6 sign or otherwise, recommend to any person the name of any particular person engaged 7 in the wrecker service or repair business, nor shall any such officer influence or attempt 8 to influence in any manner the decision of any person in choosing or selecting a wrecker 9 or repair service. However, any police officer, in the exercise of his discretion as a police 10 officer, may direct that a vehicle, whether towed by a wrecker selected by the owner or 11 operator of the vehicle or from the wrecker rotation list, be taken directly to the police 12 department and there held by the city for any lawful purpose. 13 14 15 D. Exceptions 16 Exceptions to the general requirement for rotation of the wrecker services called 17 pursuant to this chapter may be made where: 18 1. The person responsible for an automobile specifies a wrecker service not 19 participating in the rotation program. 20 2. The designated company is located so distant as to create impractical 21 delay in removing the vehicle. 22 3. The officer in charge determines that human life may be endangered 23 unless the rotation list is disregarded, in that limited instance, in favor of the quickest 24 and/ or heaviest equipment available. In this limited instance, the company need not be 25 licensed by the city or permitted by the police department. 26 27 28 Section III. This resolution shall take effect upon adoption by the Council. 29 30 31 32 Mike Anderson, Mayor 33 34 ATrEST: 35 36 37 By: 38 Helen Spencer, City Clerk 39 40 Approved for form and legal sufficiency: 41 42 By: 43 Toni L.Craig, City Attorney 3  1 RESOLUTION: 06- 12 2 3 A RESOLUTION OF THE CITY OF FORT WALTON 4 BEACH, FLORIDA, ESTABLISHING MAXIMUM FEES 5 TO BE CHARGED BY WRECKERS AND WRECKER 6 SERVICES IN THE CITY LIMITS OF THE CITY OF 7 FORT WALTON BEACH, FLORIDA, AND 8 PROVIDING AN EFFECTIVE DATE. 9 10 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT 11 WALTON BEACH: 12 13 Section I. That the City Council hereby establishes, pursuant to the tenns of 14 Ordinance 1671, the maximum fees to be charged by wreckers and wrecker services in 15 the city limits of the City of Fort Walton Beach, as follows. 16 17 Section II. 18 A. The maximum fees to be charged for wreckers and wrecker services are as 19 follows: Class A Class B Class C Tow Charge for All vehicles 115. 00 13 5 .00 230. 00 Hourly rate for waiting or working 85. 00 105. 00 230. 00 time on scene after the first 30 minutes, from dispatch, per person Dollies 45. 00 N/A N/ A Additional time at the scene: Waiting or labor on scene after the 50. 00 50.00 50. 00 first 90 minutes from dispatch, per person Landoll trailer, semi rollback or drop 325. 00 back trailer or truck ( with one hour minimum 300. 00) Airbags ( with one hour minimum 1000. 00 1000. 00) Storage per day, after the first 6 20. 00 30.00 hours from the time the vehicle or personal property is towed or removed. Tractor Storage 45. 00 c_ 1  Trailer Storage 45. 00 Administrative fee pursuant to F. S. ~ 33. 00 plus 33. 00 plus 33. 00 plus 713. 78 that may be charged three postage, postage, postage, days after the tow but not before the advertising, advertising, advertising, receipt of a paid certified mail service fees service fees service fees receipt by the towing company ( An and out -of- and out- of- and out- of- additional fee may be charged if a state fees state fees state fees process server is required. The fee shall not exceed the total amount charged by the process server.) 20 21 B. The fee for removal shall be all- inclusive; and no additional fees 22 may be charged for using dollies, trailers, lifts, slim jims, or any other 23 special equipment or services. 24 25 C. Motor vehicles carrying other vehicles ( boats, cars, trucks, aircraft, 26 tractors, heavy equipment ATVs and motorcycles) that are securely 27 attached shall be considered part of that vehicle' s load and no additional 28 fee shall be charged. 29 30 Section III. The City Council shall establish these maximum fees and charges 31 for private property and rotation system towing and storage prior to December 31 of each 32 year. The maximum fees and charges set forth in this resolution shall be effective upon 33 adoption by the Council and during the following calendar year, until changed by 34 subsequent resolution. 35 36 Section IV. Violation of any maximum towing and storage fees shall constitute 37 a non- criminal offense and shall be grounds for suspension from the rotation system and 38 automatic suspension of the owner's or operator' s privilege to engage in the business of 39 private property towing. 40 41 Section V. This resolution shall take effect upon adoption by the Council. 42 43 44 45 Date Mike Anderson, Mayor 46 47 ATTEST: Approved for form and legal sufficiency: 48 49 50 51 By: By: 52 Helen Spencer, City Clerk Toni L.Craig, City Attorney 2