Fort Walton Beach Council agenda — 01-24-06 Workshop — reading text

wrecker operator system established by the Leon County Sheriff's Office, the Tallahassee Police Department, or the Florida Highway Patrol, Florida Agriculture and Mechanical University Police Department or Florida State University Police Department with regard to wrecked, disabled, illegally parked or abandoned vehicles. This shall not include towing which is franchised by, owned by, or under contract with Leon County, the City of Tallahassee, the State of Florida, the Board of Regents, or a political subdivision of the State of Florida. Trespass towing shall mean towing or removal of a vehicle that is parked on private real property, at the property owner' s direction. Ord. No. 99- 23, S 1, 8- 31- 99) Sec. 11- 331. Liens for recovering, towing, or storing vehicles. a) Any person regularly engaged in the business of recovering, towing or storing vehicles who comes into possession of a vehicle pursuant to Section 713. 78( 2), Florida Statutes, and who claims a lien for recovery, towing, or storage services, shall give notice to the registered owner and to all persons claiming a lien thereon, as disclosed by the records in the Department of Highway Safety and Motor Vehicles or of a corresponding agency in any other state. Said notice shall be as provided in Section 713. 78( 4). b) In addition to the notice provisions of Section 713. 78( 4), Florida Statutes, unless the vehicle is determined to be unrebuildable/ damaged 80 percent and a certificate of destruction can be issued, if the vehicle is five model years old or newer notice must also be served on only the lien holder by the sheriff, by a special process server appointed by the sheriff, or by a certified process server and shall be served pursuant to the provisions of Chapter 48, Florida Statutes. The returned execution of process shall be submitted by the person applying for title to the vehicle. DocView/1 0008/1 / 151/ 166/167? hilite= wreckers; wrecker; 1/19/ 2006 http:// library2. municode. com/mcc/ ARTICLE XIII. TOWING SERVICES Page 2 of3 c) In addition to the notice provisions of Section 713. 78( 4), Florida Statutes, the notice shall provide a date, time and place for the sale authorized pursuant to Section 713. 78. Ord. No. 99- 23, 9 1, 8- 31- 99) Sec. 11- 332. Storage area requirements. In addition to the requirements of Section 715. 07, Florida Statutes, storage sites must be surrounded by a chain- link or solid wall type fence at least six feet in height and be illuminated with lighting of sufficient intensity to reveal persons and vehicles at a distance of at least 150 feet during nighttime. Ord. No. 99- 23, 91, 8- 31- 99) Sec. 11- 333. Publication of notice. If publication of notice is required, such notice shall be published in a newspaper of general circulation in the county which is published at least one day a week and of general interest and readership in the county pursuant to Chapter 50, Florida Statutes, not one of limited subject matter. Ord. No. 99- 23, 9 1, 8- 31- 99) Sec. 11- 334. Prohibitions. a) It shall be a violation of this article to charge any fee which is based on law enforcement response to a call by the owner of a vehicle. b) It shall be a violation of this article to charge a " gate fee" for towed vehicles which are released from storage facilities during normal business hours. " Normal business hours" shall be from 8 a. m. to 11 p. m. c) It shall be a violation of this article for any person other than the real property owner or an authorized representative of the owner or towing service to move, remove or deface any tow- away sign. d) It shall be a violation of this article for any owner or employee of a towing or wrecker service to compensate, by cash or in- kind services, a property owner or their agent in exchange for any agreement to tow vehicles from the property owner' s property. e) It shall be a violation of the article to exceed the fees set forth in this article. f) Except for towing in the normal course of its business, it shall be a violation of this article for a towing or wrecker service to tow vehicles from its property or the property of its agents, unless the property is the towing service owners primary place of business. g) It shall be a violation of this article to operate a wrecker without maintaining insurance coverage in the following minimum amounts: 1) Garage liability insurance in an amount of not less than $ 300, 000. 00 combined single limit liability; 2) Garage keeper' s legal liability in an amount of not less than $ 50, 000. 00, covering perils of fire and explosion; theft of a vehicle, its parts, or contents; riot and civil commotion; vandalism, and malicious mischief; 3) On- hook coverage in an amount of not less than $ 50, 000. 00 covering damage to a mcc/Doc View/l 0008/ 1/151/1661l67?hilite=wreckers; wrecker; 1/19/ 2006 http:// library2. municode. com/ ARTICLE XIII.TOWING SERVICES Page 3 of3 vehicle or vehicles in tow; 4) Bodily injury liability insurance and property damage liability insurance in amounts of not less than: a. $ 50, 000. 00 per occurrence for a wrecker with a gross vehicle weight of less than 35, 000 pounds; b. $ 100, 000.00 per occurrence for a wrecker with a gross vehicle weight of less than 35, 000 pounds or more but less than 44, 000 pounds. c. $ 300, 000. 00 per occurrence for a wrecker with a gross vehicle weight of more than 44, 000 pounds. Ord. No. 99-23, S 1, 8- 31- 99) Sec. 11- 335. Penalties. In addition to those penalties imposed by Florida Statutes, Section 715. 07, violation of any provision of this article, including any of the requirements of Section 715. 07, shall be subject to the following civil and criminal penalties: 1) Any person who violates this article shall be liable to the owner or lessee of the vehicle for all costs of recovery ( including all towing and storage fees) plus attorney' s fees and court costs, and shall in addition be liable to the owner or lessee of any towed or removed vehicle for damages resulting directly or indirectly from the removal, transportation or storage of the vehicle. 2) Any person who violates any of the provisions of this article shall be punished by a fine not to exceed $ 500. 00 or by imprisonment in the county jail for a term not exceeding 60 days, or by both such fine and imprisonment. Ord. No. 99- 23, S 1, 8- 31- 99) Secs. 11- 336-- 11- 339. Reserved. View/1 0008/1 1/ 51 / 166/ 167? hilite= wreckers; wrecker; 1/19/ 2006 http:// library2. municode. com/mcc/ Doc DIVISION 3. ROTATION TOWING Page 1 of2 DIVISION 3. ROTATION TOWING Sec. 11- 350. Fees charged for rotation towing. a) Maximum charges for towing and storage services provided by wrecker operators in Leon County incident to the rotation system are set forth in the following schedule: TABLE INSET: Class A Wreckers ( including roll- back or slide- back carriers) Base rate daytime ( 8 a. m.-- 11 p. m.) $ 60. 00 nights ( 11 p. m.-- 8 a. m.) 75. 00 weekends ( 11 p. m. Fri.--8 a. m. Mon.) 75. 00 Holidays 75. 00 Mileage Rate-- per mile charge beyond 10 mile radius from the wrecker operator' s place 3. 00 of business, per mile Hourly rate-- for waiting or working time on scene after first 30 minutes ($ 15. 00 per 1/ 4 60. 00 hour) Class B Wreckers 75. 00 Base Rate daytime ( 8 a. m.-- 11 p. m.) 100. 00 nights ( 11 p. m.-- 8 a. m.) weekends ( 11 p. m. Fri.--8 a. m. Mon.) 100. 00 100. 00 Holidays Mileage rate-- per mile charge beyond 10 mile radius from the wrecker operator' s place of 4. 00 business, per mile 75. 00 Hourly rate-- for waiting or working time on scene after first 30 minutes 18. 75 per 1/ 4 hour TABLE INSET: Class C Wreckers Base rate 225. 00 Mileage rate-- per mile charge beyond 10 mile radius from the wrecker 4. 00 operator's place of business, per mile 25 Hourly rate-- for waiting or working time on scene after first 30 minutes ( 36. 145. 00 per 1/ 4 hour) Separate Charges: Included in base A. Removal of drive shaft rate Included in base B. Air hook- up rate Remove/ pull axle, per axle 22. 00 per axle C. Included in base D. Remove bumper rate Included in base 166/169? wrecker; 1/19/ 2006 http:// library2. municode. com/mcc/ Doc View/ l 0008/ 1/151/ hilite=wreckers; DIVISION 3. ROTATION TOWING Page 2 of2 E. Remove air foils rate Landoll trailer-- semi roll back or drop back trailer or F. 300. 00 truck G.