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

4) That the vehicle can be picked up within one hour of request. Ord. No. 03- 0-26M, S 2( 15- 81), 4- 23- 2003) Sec. 20- 168. Fees charged. a) Fees shall be charged as follows: 1) Any towing and storage firm engaged in the business of trespass towing shall not charge the owner of any towed vehicle or personal property in excess of 88. 00 for the removal of a Class A vehicle, $ 145. 00 for the removal of a Class 8 vehicle, and $ 300. 00 for the removal of a Class C vehicle. Fees shall be paid according to the gross vehicle weight of the vehicle they are attempting to tow. 2) No more than $ 15. 00 per day for storage fees may be charged; however, no storage fee shall be charged for the first 24- hour period from the time the vehicle or personal property is towed or removed. 3) The fee for removal shall be all- inclusive; and no additional fees may be charged for using dollies, trailers, lifts, slim jims, or any other special equipment or services. If a certified letter is sent to the owner/ lien holder/ insurance company pursuant to F. S. S 713. 78, an administrative fee of $33. 00 plus postage plus any out- of-state charges, may be charged three days after the tow but not before the receipt of a paid certified mail receipt from the post office by the towing and storage firm. An after hours release fee of $ 30. 00 may be charged by the towing and storage firm for releasing a stored vehicle between the hours of 11 p. m. and 8: 00 a. m. 4) Motor vehicles carrying other vehicles ( boats, cars, trucks, aircraft, tractors, shall be heavy equipment ATVs and motorcycles) that are securely attached considered part of that vehicle' s load and no additional fee shall be charged. b) A person, firm or corporation which provides trespass towing and storage services fn=document- frame. ht... l/ 19/ 2006 http:// libraryl0.municode. com/gateway. dll/l/ 114/l19? f= templates$ ARTICLE V. TOWING OF MOTOR VEHICLES, TRESPASS TOWING AND Page 7 of 11 ROTAT... pursuant to this section shall accept payment for charges from the vehicle owner or authorized representative in any of the following forms: 1) Cash; or 2) Valid major credit card or debit card. c) Maximum trespass towing and storage fees shall be established annually by the city commission after receiving recommendations based on financial information submitted by the trespass towing companies as to their costs for the removal and storage of vehicles and personal property and on other information. The required information shall be submitted by the towing company owners by October 31 of each year. The maximum fees shall be set by resolution to be adopted by the city commission prior to December 31 of each year. Such maximum fees shall be effective during the following calendar year and until changed by subsequent resolution. Ord. No. 03- 0-26AA, 9 2( 15- 82), 4- 23- 2003; Ord. No. 05- 0-45AA, 9 1, 5- 25- 2005) Sec. 20- 169. Vehicle not towed upon operator returning; receipt to be furnished when vehicle claimed. a) The owner or operator of any towing service vehicle which is summoned to tow away any vehicle, whether on a public street, public property, or private property, shall not remove or tow the vehicle away and shall not charge any fee if the vehicle operator returns to the vehicle prior to the towing service operator having physically connected the vehicle to the towing apparatus. The term " physically connected" means one half of the wheel lift apparatus surrounding a tire or the winch hook being properly hooked to the vehicle in an appropriate place on the vehicle where it can safely be towed or winched. If the vehicle is physically connected but not towed away, the towing company article. If the may charge up to one- half of the allowable fees as set forth in this registered owner or other legally authorized person arrives at the scene prior to the removal or towing of the vehicle, the vehicle shall be disconnected from the towing or removal apparatus, and that person shall be allowed to remove the vehicle without interference upon payment of a reasonable service fee of not more than one- half of the posted rate, for which a receipt shall be given, unless that person refuses to remove the vehicle which is otherwise unlawfully parked. Removal or towing of the vehicle shall be defined as removing the vehicle off of the physical premises that the towing contract encompasses. b) When a towed vehicle is claimed, the towing service shall furnish the owner or other legally authorized person with a receipt, which shall include the name of the the following language: person who authorized the towing. The receipt shall also include Notice: Towing from private property is regulated by the provisions of Section 715. 07, Florida Statutes, and City of Tallahassee Ordinance." Ord. No. 03- 0-26AA, 92( 15- 83), 4- 23- 2003) Sec. 20- 170. Prohibitions; penalties. a) It shall be a violation of this article to charge any fee which is based on police response to a call by the owner of a vehicle. b) It shall be a violation of this article to charge a release fee for towed vehicles that are released from storage facilities during normal business hours. Normal business fn= document- frame. ht...1/19/ 2006 http:// librarylO.municode. comlgateway. dll/ 1/1141119? f= templates$ ARTICLE V. TOWING OF MOTOR VEHICLES, TRESPASS TOWING AND ROT Page 8 of 11 AT... hours shall be from 7: 00 a. m. to 11 : 00 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 to move, remove or deface any tow away sign. d) It shall be a violation of this article for any owner or wrecker employee of a towing or wrecker service to compensate, by cash or in- kind services, a property owner or their agents in exchange for any agreement to tow vehicles from the property owner's property. e) It shall be a violation of this 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 owner's 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 vehicle or vehicles in tow. 4) Bodily injury liability insurance and property damage liability insurance in amounts of: a. Not less than $ 50, 000. 00 per occurrence for a wrecker with a gross vehicle weight of less than 35, 000 pounds. b. Not less than $ 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. Not less than $ 300, 000. 00 per occurrence for a wrecker with a gross vehicle weight of more than 44, 000 pounds. h) It shall be a violation of this article for any owner or wrecker employee of a towing or wrecker service to attach a towed vehicle in such a manner that it is not traveling in a straight line behind the wrecker ( otherwise known as " crabbing"), so that both vehicles fail to remain in a single lane of travel, in violation of F. S. 9316. 089( 1). i) It shall be a violation of this article for any owner or wrecker employee of a towing or wrecker service to demand a " no tow" fee if the vehicle they are physically connected to exceeds the gross vehicle weight of the wrecker. For example, a Class A wrecker is not capable of towing a Class C vehicle because the combined weight of the two vehicles exceeds the gross vehicle weight capability of the wrecker. m In addition to those penalties imposed by F. S. 9 715. 07, violation of any provision of this article. including any of the requirements of F. S. 9 715. 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 fn=document- frame. ht...1/ 19/2006 http:// libraryl0. municode. com/gateway. dll/l/ 114/ 119? f= templates$ ARTICLE V. TOWING OF MOTOR VEHICLES, TRESPASS TOWING AND ROT