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

Air bags 900. 00 H. Extra manpower--per man hour charge 38. 00 TABLE INSET: Storage for all classes of service Class A All others Inside storage-- per day 17. 00 30. 00 rate Outside storage-- per 12. 00 25. 00 day rate 30. 00, billed per unit ( An additional fee will be charged if a process Class A, B, and C-- server is required. The fee shall not exceed the total amount charged Administrative fee by the process server.) Class A, B, and C-- After 25. 00 for releases between 11 : 00 p. m. to 8: 00 a. m. hours gate fee It shall be unlawful for a wrecker operator or wrecker company summoned pursuant to a rotation system to charge any additional fees without the advance permission of the vehicle owner, driver, or authorized representative. Ord. No. 99- 23, 9 1, 8- 31- 99) Secs. 11- 351-- 11- 375. Reserved. municode. com/ mcc/Doc View/l 0008/ 1/151/166/ 169? hilite= wreckers; wrecker; 1/19/ 2006 ARTICLE V. TOWING OF MOTOR VEHICLES, TRESPASS TOWING AND ROTAT... Page 1 of 11 WRECKER ARTICLE V. TOWING OF MOTOR VEHICLES, TRESPASS TOWING AND ROTATION WRECKER TOWING Sec. 20- 161. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Class A vehicles means cars, motorcycles, light duty trucks, boats, campers, and other vehicles weighing 10, 000 pounds ( gross vehicle weight) or less. Class B vehicles means medium duty trucks, motor homes, camper trailers, and other vehicles weighing between 10, 001 and 20, 000 pounds ( gross vehicle weight). Class C vehicles means heavy duty trucks, house trailers, buses, and other vehicles weighing more than 20, 001 pounds ( gross vehicle weight). Major credit card means a Visa or MasterCard. Rotation wrecker towing system means a system whereby a group of wrecker companies have agreed to take turns answering calls for towing and storage services when requested by a police officer at the scene of an accident or disabled vehicle. The wrecker companies are placed on a list, called consecutively as the need arises, and then rotated to the bottom of the list. Trespass towing means towing or removal of a vehicle that is parked on private real property, at the property owner' s direction. Wrecker operator means any driver or other employee that has direct access to any towed vehicle. Ord. No. 03- 0-26M, 92( 15- 75), 4- 23- 2003) Cross references: Definitions generally, 9 1- 2. Sec. 20- 162. Owner, operator and vehicle registration provisions. It shall be unlawful for any person, either as principal, agent or employee, to do any trespass or rotation towing without having first registered the owner, wrecker operators and towing service vehicles with the police department, using a format approved by the police department. The information for registration shall contain the make, model and manufacturer' s serial number of the vehicle; date the vehicle was put into service; the driver' s license number of the owner and of all towing service vehicles; the name of the insurance company or companies with which the owner and operators have liability insurance coverage for the operation of the vehicle as required by law; the name and driver' s license number of all employees involved in the towing of vehicles from and private property, and such other information as may be public required. Ord. No. 03- 0-26M, 92( 15- 76), 4- 23- 2003) wrecker Sec. 20- 163. Application for wrecker operator' s permit; violations. 114/119? fn=document- frame. ht...1/19/ 2006 http:// libraryl 0. municode. com/gateway. dll/1/ f= templates$ ARTICLE V. TOWING OF MOTOR VEHICLES, TRESPASS TOWING AND Page 2 of 11 ROTAT... a) No wrecker operator shall engage in trespass or rotation towing without first having obtained a written permit therefor from the owner of the company such operator is employee by or such owner's designee. Each permit will meet the following specifications: 1) Each card shall be not less than 2 1/ 8 inches by 3 3/ 8 inches. 2) Each card shall contain a photograph of the wrecker operator that is not less than one inch by 1 1/ 2 inches. 3) Each card shall contain the name of the wrecker service and wrecker operator' s first name in letters that are not less than one- fourth inch by one- fourth inch. 4) Each card shall contain a control number that can be linked back to the driver' s personal information. 5) Each card shall contain a place for the wrecker administrator to validate the card. a. After the card is validated it shall be laminated to protect the information contained on the card. b. If the permit is lost, damaged, stolen or becomes illegible the card will be replaced. b) It shall be unlawful for the owner of any wrecker service to permit any person to be employed as a wrecker operator within the city unless such person has been granted a written permit to engage in trespass or rotation towing by the chief of police. Each permit shall be valid for two years from date of issuance. c) In order to secure a wrecker operator permit, an applicant must provide the following information on a form provided by the city manager. The applicant must: 1) Provide the wrecker administrator a certified copy from the Florida Department of Law Enforcement of his criminal history and a certified copy of his driving record from the Florida Department of Highway Safety and Motor Vehicles; 2) Be at least 18 years of age; 3) Possess a valid Florida Class D driver' s license and provide a photocopy to the wrecker administrator; 4) Not have been convicted of the following: a. Any felony if his civil rights have not been restored; b. Any felony or first degree misdemeanor directly related to the business of towing motor vehicles; or c. Within the previous five years, of driving under the influence of alcohol, a controlled substance, or a chemical substance, to the extent that normal faculties are impaired; driving with an unlawful blood alcohol level; or any other criminal traffic offense. Sec. 20- 164. Revocation; appeal. a) The chief of police may revoke the privilege of any person to do trespass towing on any of the following grounds: dlVl1/ 14/ 119? fn= document-frame. ht... l/ 19/ 2006 http:// libraryl0.municode. com/gateway. f= templates$ ARTICLE V. TOWING OF MOTOR VEHICLES, TRESPASS TOWING AND ROT Page 3 of 11 AT... 1) If the towing service owner or operator fails to register as required by this article; 2) If the registration contains false statement of a material fact; 3) If the towing service owner or wrecker operator provides monetary or other compensation to the private property owner for the privilege of towing vehicles from the property under contract; 4) The towing service owner or operator provides monetary compensation to the private property owner for each individual vehicle towed from the property; 5) If the towing service owner or wrecker operator charges fees in excess of those set out in section 20- 168; 6) If the towing service owner or wrecker operator violates any of the provisions of this article; or 7) If a wrecker operator fails to display on or about his person or on the dashboard of the wrecker , easily visible to the public, the wrecker operator permit while performing a trespass or rotation tow. b) Three violations of the provisions of this article by any owner and/ or operator of a towing service or towing service vehicle shall result in the automatic suspension of the owner' s or operator' s privilege to engage in the business of trespass towing. An owner shall not be suspended for acts of an employee/ operator in violation of this section unless the owner actively participated in or had knowledge of the violation and took no corrective action against the employee/ operator. 1) owner or operator shall be informed in person or by certified The or registered mail within seven days prior to the effective date of the suspension. 2) owner or operator may make a written request for a due process The hearing within 15 calendar days of the date of the suspension. Failure to request a hearing within the 15 calendar- day period shall constitute a waiver by the owner or operator of any right to a hearing. 3) The city manager shall establish rules governing the conduct of the hearing to ensure the due process of law. 4) Upon a review of the evidence presented at the hearing, the chief of police may revoke the owner' s or operator' s privilege to engage in the business of trespass towing for up to one year. c) Any towing service owner or operator whose privilege to engage in the rotation or trespass towing has been revoked shall not be eligible to again register with the