Fort Walton Beach Council agenda — 11-28-2006 ‎(regular)‎ — reading text

would like to see if this could be approved at our st Special Meeting on Tuesday the 21 of Cayton November. Hkkc; Bill Thank you, T)< t terlK> f\ Il' Oes Campl71~ll C.H. " Bull"" Rigdon, Jr. CEOlDirector Oms H~gbes C.H Rigdon .1r CEO/ Dired\1r fll}'e BorOu.ghs A8.sistant Manager Tim Shaw Attorney D. . JI X Faye Boroughs From: Mike Gil [ morethanvet fi; lns@gmail. com] Sent: Tuesday, November 14, 2006 2: 59 AM To: F aye Boroughs Subj~ t: LETTER TO tHE CITY MANAGER To whom it may concern, My is Mike Gil and I am interested in renting your facility on name Saturday December 16th. The event I am planning is a mu~ ic ancl arts festival for youlh. There will be live bands, a small art show, multiple independent clothing companies, food, drinks, and fun for everyone. I not an am ial non- profit organiza.tion, but I won' t be making any offi.:: profIt from thi. s event. Any money made from tickets sold at the doot:' will go towards the bands and the rental expenses. This is actually the second that we have put on this festival. Last year we rented the year FWB Boys & Girls club and things went great but We are expecting twice the crowd this year and the fairgrounds $ eems ideal. We expect atleast 500 people to attend this event. With widely spread advertisement on the internet and MY5pace. co~ 1 we' ve created big buzz about this event and expect the best. As far which buildings I' m interested in, I anticipate needing as I' d likp. to take a tOUr of the facility buildings; Al, A2, A3, and E. before I confirm which buildings would be needed. I' d also like an estimate of the rental fees for each building. 1 am very excited to get the ba11 rolling and I hope we can make arrangements a. s. a. p. Please feel free to call or e- mail me with any ha~ e. I am available any time. questions you might Thank you for your time and I look forward to hearing from you. Mike Gil 850- 226- 2903 morethanveterans@grnail. com 1  CITY COUNCIL MEETING November 28, 2006 Public Hearing Agenda Consideration of Ordinance 1712 amending chapter 11. 12, Wrecker Operations and Services, to add Immobilization (" Booting") as a regulated wrecker service on private property First Reading) Police Chief) Council Action 1 st 2nd Vote: PH - 9 Agenda Item Number: CSM- 1130 Fort Walton Police Department INTER- DEPARTMENTAL MEMORANDUM Office of the Chief of Pollee To Joyce Shanahan City Manager From Ted Litschauer Chief of Police JL Date November 14, 2006 Subject Wrecker Ordinance, Number 1712 BACKGROUND: Fort Walton Beach City Council passed Ordinance Number 1671 in June of 2006. The ordinance updated the City' s regulation of wrecker services operating in the City limits. The ordinance is specific as to the regulation of fees, operationalrequirements and operations on private property by wrecker services. Specific reference to immobilizing or " booting" of vehicles was not included. DISCUSSION: As Ordinance 1671 went into effect June 13, 2006, it became apparent that the previously little used towing and recovery technique of " booting" was being utilized in lieu of private property towing situations within the City Limits of the of Fort Walton Beach, as well as in the unincorporated areas. Police City Department staff's initial interpretation of Ordinance 1671 was that it also regulated " booting." Subsequent court action, emanating from the arrest of a wrecker service owner/ operator by the Sheriff's Office, established that " booting" was not regulated by either the Okaloosa County or City of Fort Walton Beach Wrecker Service Ordinance. Currently, those wrecker services that utilize booting" in their operation can do so without any regulation. The practice of booting" continues to be an issue for the Police Department as it has been the basis for numerous citizen complaints since June of this year. The City Attorney has modified the wrecker ordinance so that it now specifically includes the practice of " booting." The new ordinance is Ordinance 1712. Upon positive Council action, booting will be added to the fee schedule. II ? RECOMMENDATION: Police Department staff asks that Council pass Ordinance 1712, amending Section 11. 12 of the City Code, allowing for the regulation of immobilization or booting" of vehicles within the City of Fort Walton Beach. Ted Litschauer, Chief of Police jbat r{~ u 6 Reviewed and Concurred: Hold for Discussion: j Denied: III ~Ol M p~ o e Comments: hanahan, City Manager Date I 1671 Modify Memo of Request 11- 14- 06  1 ORDINANCE 2 3 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, 4 FLORIDA; PROVIDING AUTHORITY; AMENDING CHAPTER 5 11.12, WRECKER OPERATIONS AND SERVICES TO ADD 6 IMMOBILIZATION (" BOOTING") AS A REGULATED 7 WRECKER SERVICE ON PRIV ATE PROPERTY; 8 AUTHORIZING FEE FOR SUCH SERVICE TO BE SET BY 9 RESOLUTION OF THE COUNCIL; REPEALING CONFLICTING 10 PROVISIONS; AND SETTING AN EFFECTIVE DATE. 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL 13 OF THE CITY OF FORT \ V ALTON BEACH, FLORIDA AS FOLLOWS: 14 15 SECTION 1. AUTHORITY 16 17 The authority for enactment ofthis Ordinance is Section 166. 021 ( 1) and 166. 043, 18 Florida Statutes ( 2005). 19 20 SECTION 2. INTENT 21 Section 166. 043, of the Florida Statutes allows the City to enact service rates, 22 registration, and other requirements for. wrecker operators who provide immobilization 23 services on private property, and establish maximum rates for such service on private property. The current definition of wrecker service includes " any service provided by 24 a not limited to maintaining 25 person that is related to wrecker operations, including but 26 contracting for towing from or immobilizing vehicles on private property within the city. 27 The intent of this ordinance is to include immobilization as a regulated service on private 28 property and to authorize the establishment of a maximum fee to be charged for such 29 servIce. 30 31 SECTION 3. AMENDMENT OF SECTION 11. 12. 02, OWNER, OPERATOR AND 32 VEHICLE REGISTRATION PROVISIONS. 33 Section 11.12. 02, Owner, and Vehicle Registration Provisions, is Operator 34 amended as follows: 35 36 It shall be unlawful for any person, either as principal, agent or employee, to de 37 any pri'/ ate property or rotation towing provide any wrecker service without having first 38 registered the company, owner, wrecker operators and towing service vehicles with the 39 police department, using a format approved by the police department. The information 40 for registration shall contain the make, model and manufacturer' s serial number of the 41 vehicle; date the vehicle was put into service; the driver' s license number of the owner 42 and of all towing service vehicles; the name of the insurance company or companies with 43 which the owner and have liability insurance coverage for the operation of the operators 44 vehicle as required by law; the name and driver' s license number of all employees Toni L.Craig 11/13/ 2006 45 involved in the towing of vehicles from public and private property, and such other 46 information as may be required. 47 48 SECTION 4. AMENDMENT OF SECTION 11. 12. 031, OPERATOR' S PERMITS 49 VIOLATIONS. 50 Section 11.12. 031, Operator' s Permits, is amended as follows: 51 52 No wrecker operator shall engage in private property or rotation tov/ ing provide 53 any wrecker service without first having obtained a written permit from the owner of the 54 company such operator is employed by or such owner' s designee. Each permit will meet 55 the following specifications. 56 ( 1) Each card shall be not less than 2 1/8 inches by 3 3/ 8 inches. 57 ( 2) Each card shall contain a photograph of the wrecker operator that is not less 58 than one inch by 1 1/2 inches. 59 ( 3) Each card shall contain the name of the wrecker service and wrecker 60 operator' s first name in letters that are not less than one- fourth inch by one- fourth inch. 61 ( 4) Each card shall contain a control number that can be linked back to the 62 driver' s personal information. 63 ( 5) Each card shall contain a place for the wrecker administrator to validate the 64 card. After the card is validated it shall be laminated to protect the information contained 65 on the card. If the permit is lost, damaged, stolen or becomes illegible the card will be 66 immediately replaced. 67 68 SECTION 5. AMENDMENT OF SECTION 11. 12. 035, WRECKER OPERATOR' S 69 PERMIT VIOLATIONS. 70 Section 11. 12. 035, Violations; Penalty, is amended as follows: 71 72 Complaints regarding any violation of the provisions of this chapter shall be 73 referred to the police chief. Three violations of the provisions of this chapter by any 74 owner or operator of a to'.ving wrecker service or towing wrecker service vehicle shall 75 result in the automatic suspension of the owner's or operator' s privilege to