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

engage in the 76 business of providing wrecker services on private property tov/ ing. An owner shall not be 77 suspended for acts of an employee/ operator in violation of this section unless the owner 78 actively participated in or had knowledge of the violation and took no corrective action 79 against the employee/ operator. 80 ( 1) The owner or operator shall be informed in person or by certified or 81 registered mail within seven days prior to the effective date of the suspension. 82 ( 2) The owner or operator may make a written request for a due process hearing 83 within 15 calendar days of the date of the suspension. Failure to request a hearing within 84 the 15 calendar- day period shall constitute a waiver by the owner or operator of any right 85 to a hearing. 86 ( 3) The city council shall establish by resolution rules governing the conduct of 87 the hearing to ensure the due process oflaw. Toni 1.Craig 11/13/ 2006 2 88 ( 4) Upon a review of the evidence presented at the hearing, the police chief may 89 revoke the owner' s or operator' s privilege to engage in the business of private property 90 towing for up to one year. 91 92 SECTION 6. AMENDMENT OF SECTION 11. 12. 036, LENGTH OF 93 REVOCATION. 94 Section 11. 12. 036, Length of Revocation, is amended as follows: 95 96 Any towing wrecker service owner or operator whose privilege to engage in the 97 provision of wrecker services rotation or private property towing has been revoked shall 98 not be eligible to again register with the police department for private property towing for 99 a period of one year from the date of revocation. 100 101 SECTION 7. AMENDMENT OF SECTION 11. 12. 037, APPEAL. 102 Section 11.12. 037, Appeal, is amended as follows: 103 104 Any to'.ving wrecker service owner or operator whose privilege to engage in the 105 business of wrecker services rotation or private property towing has been revoked may 106 file an appeal within ten (10) days of the date of revocation pursuant to the hearing officer process as specified in rules established by the city manager and city 107 appeals 108 attorney, subject to approval of city council. 109 110 SECTION 8. AMENDMENT OF SECTION 11.12. 05, CONDITIONS OF 111 PRIVATE PROPERTY TOWING. 112 Section 11. 12. 05, Conditions of Private Property Towing, is amended as follows: 113 114 11.12. 05 Conditions of Private Property Wrecker Services Towing 115 Approval of Private Property Wrecker Services Towing Signs 11.12. 051 116 It shall be unlawful for a person hired by the owner of private property within the 117 city to do any private property wrecker services tov/ ing without having first obtained 118 approval from the police department of the signs posted on the property. In addition to 119 the requirements of section 715. 07, Fla. Stat., as amended, the wording on the sign shall 120 indicate if towing or immobilizing is conducted other than normal business hours by the 121 posting of a sign indicating " 24 hours per day." 122 11.12. 052 Requirements for Private Property Wrecker Services Towing 123 Operations 124 It shall be unlawful for any person to immobilize, tow or cause to be towed any 125 vehicle parked on private real property unless the provisions of section 715. 07, Fla. Stat., 126 as amended, and the following requirements are met: 127 ( 1) ving service shall have The owners of the real property and the wrecker to'. 128 executed, at least 24 hours prior to the towing or removal of any vehicle, a written 129 agreement for private propeliy towing. The form for such agreement shall be provided by 130 the police department, and may not be amended or modified in any manner, to provide 131 for terms or activities that violate the provisions of this chapter or section 715. 07, Fla. Toni L.Craig 11/13/ 2006 3 132 Stat., as amended. The agreement shall contain: the duration ofthe agreement; the time of 133 day that such immobilization, towing or removal is authorized; the days of the week that 134 such immobilization, towing or removal is authorized, the fees to be paid for the wrecker 135 service, tov; ing or removal, and the signatures of both the property owner, or the 136 authorized and the owner, or authorized representative, of the wrecker representative, 137 towing service, certifying that each has read and is in compliance with all of the 138 provisions of section 715. 07, Fla. Stat., as amended. 139 ( 2) A copy of the completed agreement is on file with the police department. 140 ( 3) Where the private real propeliy is provided for residential parking other than 141 for a single- family residence, the agreement shall not authorize the wrecker towing 142 service to immobilize, tow away or remove any vehicle without a verified request to 143 remove the specific vehicle by the property owner or an authorized representative as 144 pennitted in subsection ( 4) below. A property owner' s representative may include a 145 resident manager, a property manager or other agent who has the legal authority to bind 146 the owner, but may not be an officer, employee or agent of a towing service. 147 ( 4) Owners of properties used for residential purposes may elect to authorize the 148 wrecker towing service to immobilize, tow away or remove vehicles without a verified 149 request to remove a specific vehicle between the hours of 12: 00 midnight and 7: 00 a.m. 150 provided that the owner first comply with the following requirements: 151 a. Signage shall be added to each of the existing tow away signs with 152 letters of the same size as the " tow away" language, which provides the following words: 153 " Roam Towing, 12: 00 midnight -- 7: 00 a. m.". 154 b. The wrecker services towing contract on file with the police 155 department shall be amended to provide for roam towing between the hours of 12: 00 156 midnight and 7: 00 a. m. 157 c. A photograph of the " offending" vehicle shall be taken prior to its 158 removal and should be maintained by the wrecker company for a minimum period of two rule or regulation for which 159 years. The photograph shall demonstrate the violation oflaw, 160 the vehicle is being towed. 161 d. Lease, rental or property owners' association documents shall contain a 162 notice provision indicating that the residential property utilizes roam towing or 163 immobilization. In the case of properties with existing leases, rental agreements or property owners' association documents, it shall be sufficient to notify by regular mail, 164 at 165 the last known address, each of the tenants/ owners of the property prior to the initiation 166 of roam towing or immobilization. All amendments to or new leases, rental agreements 167 or propertyowners' association documents shall contain the provision giving notice that 168 the property owner intends to utilize roam towing or immobilization, and a complete and 169 specificallydetailed list of all towing instructions and rules violations that will result in 170 towing or immobilization. A copy of these provisions must be posted in the rental office 171 and the common A copy must also be maintained on file in each tow vehicle area. 172 removing or immobilizing vehicles from the property. The police chief shall review and a sign shall be posted stating 173 approve the parking rules. At the entrance or entrances 174 where the parking rules can be read by residents and guests. The parking rules shall be 175 posted in a public area at the complex. The management, to ensure that they have not 11/13/ 2006 4 Toni 1.Craig 176 been altered, should regularly inspect them; any sign that is removed or defaced shall be 177 replaced within 30 day. 178 ( 5) The provisions of this section shall not apply to: 179 a. The towing of vehicles pursuant to other provisions in this chapter. 180 b. The towing of vehicles from property appurtenant to and obviously a 181 part of a single- family residence. 182 c. When notice is personally given to the owner or other legally 183 authorized person in control of the vehicle that the area in which that vehicle is parked is 184 reserved or otherwise unavailable and that the unauthorized vehicle will be removed at 185 the owner' s or operator' s expense. 186 187 11. 12. 053 Notice not Required for Emergency Removal 188 The 24- hour notice requirement of this section shall not apply where the tow is of 189 an emergency nature and the owner has notified the police department prior to removing 190 the vehicle. The term " emergency" in this section shall only include circumstances where 191 the usual operation of a business is impeded by the blocking of entrances, exits or access 192 to operational equipment, but specifically shall not include tows for the purpose of 193 clearing parking areas. 194 195 11. 12. 054 Delivery to Storage Site Required 196 All vehicles towed shall be towed directly to the storage site owned or leased by 197 the towing service; a vehicle shall not be kept in any temporary holding area. 198 199 11.12. 055 Wrecker + ewHrg Service Response Requirements 200 Each wrecker tov/ ing service shall staff and monitor its telephones at all times 201 ( pager only does not satisfy this requirement) and immediately advise any vehicle owner 202 or authorized representative who calls by telephone of the following: 203 ( 1) Each and every document or other item which must be produced to retrieve 204 or release the vehicle. 205 ( 2) The exact charges as of the time of the telephone call, and the rate at which 206 charges will accumulate thereafter. 207 ( 3) The acceptable methods of payment. 208 ( 4) That the vehicle can be picked up within thirty minutes of request during 209 regular business hours, and within one- hour ofrequest at all other times. 210 211 SECTION 9. AMENDMENT OF SECTION 11.12. 06, MAXIMUM TOWING AND 212 STORAGE FEES; VIOLATIONS. 213 Section 11.12. 06, Maximum Towing and Storage Fees; Violations, is amended as 214 follows: 215 11.12. 06 Maximum Wrecker Service TO\ving and Storage Fees; Violation 216 Maximum wrecker service towing