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

police department for trespass towing for a period of one year from the date of revocation. d) Any towing service owner or operator whose privilege to engage in the business of rotation or trespass towing has been revoked may file an appeal within 15 days of the date of revocation pursuant to the appeals process specified in rules adopted by the city manager. Ord. No. 03- 0-26AA, 92( 15- 78), 4- 23- 2003) Sec. 20- 165. Authorization. a) The chief of police is authorized to establish a rotation wrecker towing system wrecked utilizing qualified, reputable wrecker operators for the removal and storage of or disabled vehicles when the owner or operator of the vehicle leaves the procurement fn=document- frame. ht...1/19/ 2006 http:// libraryl O. municode. com/gateway .dll/ 1/ 114/l19? f= templates$ ARTICLE V. TOWING OF MOTOR VEHICLES, TRESPASS TOWING AND Page 4 of 11 ROTAT... of a wrecker service to the investigating police officer. Rules and regulations for the administration of a rotation system shall be promulgated by the chief of police. b) The chief of police shall be authorized to promulgate rules and regulations for the administration of trespass towing. Ord. No. 03- 0-26AA, 92( 15- 79), 4- 23- 2003) Sec. 20- 166. Storage area requirements. In addition to the requirements of F. S. 9 715. 07, storage sites utilized by wrecker owners for the storage of motor vehicles towed pursuant to trespass or rotation towing must: 1) Be capable of being securely locked; 2) Be not less than 7, 500 square feet; 3) Be surrounded by a chainlink or solid wall type fence at least six feet in height; and 4) Be illuminated with lighting of sufficient intensity to reveal persons and vehicles at a distance of at least 150 feet during nighttime. Ord. No. 03- 0-26AA, 92( 15- 80), 4- 23- 2003) Sec. 20- 167. Approval of trespass towing signs; prerequisites to towing vehicles parked on private property; exceptions. a) It shall be unlawful for a person hired by the owner of private property within the city to do any trespass towing without having first obtained approval of the police department of the signs posted on the property. In addition to the requirements of F. S. 9 715. 07, the wording on the sign shall indicate if towing is conducted other than normal business hours by the posting of a sign indicating " 24 hours per day." b) It shall be unlawful for any person to tow or cause to be towed any vehicle parked on private real property unless the provisions of F. S. 9 715. 07 have been complied with together with the following requirements: 1) The owners of the real property and the towing service shall have executed, at least 24 hours prior to the towing or removal of any vehicle, a written agreement for trespass towing, which agreement shall contain the following provisions: a. The duration of the agreement. b. The time of day that such towing or removal is authorized. c. The days of the week that such towing or removal is authorized. d. The fees to be paid for the towing or removal. e. The signatures of both the property owner, or the authorized representative, and the owner, or authorized representative, of the towing service, certifying that each has read and is in compliance with all of the provisions of F. S. 9715. 07. f. The form for such agreement shall be provided by the police which department, and may not be amended or modified in any manner, which violate the provisions of this article provides for terms or activities, fn=document- frame. ht... 1/ 19/ 2006 http:// libraryl 0. municode. com/gateway. dll/ l/ 114/ 119? f= templates$ ARTICLE V. TOWING OF MOTOR VEHICLES, TRESPASS TOWING AND ROTAT... Page 5 of 11 or F. S. ~ 715. 07. 2) A copy of the completed agreement is on file with the police department. 3) Where the private real property is provided for residential parking other than for a single- family residence, the agreement, except as provided in subsection ( c)( 4) of this section, shall not authorize the towing service to tow away or remove any vehicle without a verified request to remove the specific vehicle by the property owner or an authorized representative. A property owner's representative may include a resident manager, a property manager or other agent who has the legal authority to bind the owner, but may not be an officer, employee or agent of a towing service. 4) Owners of properties used for residential purposes may elect to authorize the towing service to tow away or remove vehicles without a verified request to remove a specific vehicle between the hours of 12: 00 midnight and 7: 00 a. m. provided that the owner first comply with the following requirements: a. Signage shall be added to each of the existing tow away signs with letters of the same size as the " tow away" language, which provides the following words: " Roam Towing, 12: 00 midnight -- 7: 00 a. m.". b. The towing contract on file with the police department as required by subsection ( c)( 1) of this section shall be amended to provide for roam towing between the hours of 12: 00 midnight and 7: 00 a. m. c. A photograph of the " offending" vehicle shall be taken prior to its removal and should be maintained by the wrecker company for a minimum period of two years. The photograph shall demonstrate the violation of law, rule or regulation for which the vehicle is being towed. d. Lease, rental or property owners' association documents shall contain a notice provision indicating that the residential property utilizes roam towing. In the case of properties with existing leases, rental agreements or property owners' association documents, it shall be sufficient to notify by regular mail, at the last known address, each of the tenants/ owners of the property prior to the initiation of roam towing. All amendments to or new leases, rental agreements or property owners' association documents shall contain the provision giving notice that the property owner intends to utilize roam towing, and a complete and specifically detailed list of all towing instructions and rules violations that will result in towing. A copy these provisions must be posted in the rental office and the common area. A copy must also be maintained on file in each tow vehicle removing vehicles from the property. The towing administrator shall review and approve the parking rules. At the entrance or entrances a sign shall be posted stating where the parking rules can be read by residents and guests. The parking rules shall be posted in a public area at the complex. The management, to ensure that they have not been altered, should regularly inspect them; any sign that is removed or defaced shall be replaced within 30 day. 5) The provisions of this article shall not apply to: a. The towing of vehicles pursuant to other provisions in this chapter. b. The towing of vehicles from property appurtenant to and obviously a part of a single-family residence. c. When notice is personally given to the owner or other legally authorized person in control of the vehicle that the area in which that 114/l19? fn=document- frame. ht...1/19/ 2006 http:// libraryl0. municode. com/gateway. dll/ 1/ f= templates$ ARTICLE V. TOWING OF MOTOR VEHICLES, TRESPASS TOWING AND ROTAT... Page 6 of 11 vehicle is parked is reserved or otherwise unavailable and that the unauthorized vehicle will be removed at the owner's or operator' s expense. c) The 24- hour notice requirement of this section shall not apply where the tow is of an emergency nature and the owner has notified the police department prior to removing the vehicle. The term " emergency" in this section shall only include circumstances where the usual operation of a business is impeded by the blocking of entrances, exits or access to operational equipment, but specifically shall not include tows for the purpose of clearing parking areas. d) All vehicles towed shall be towed directly to the storage site owned or leased by the towing service and the vehicle shall not be kept in any temporary holding area. e) Each towing service shall staff or monitor its telephones at all times ( pager only does not satisfy this requirement) and immediately advise any vehicle owner or authorized representative who calls by telephone of the following: 1) Each and every document or other item which must be produced to retrieve the vehicle. 2) The exact charges as of the time of the telephone call, and the rate at which charges will accumulate thereafter. 3) The acceptable methods of payment.