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

v: reeker eem}3afl)' sus}3ena 267 from the retatieR list for 30 days. 268 ( 2) Secena ': ielatien: The eity maflager may remove the }3artiepatiflg' l:reeker eempaflY 269 from the retatieR list I:: lfltil sueh time as the }3artiepatiflg '", reeker eefHl3aflY shews, te the 270 city manager' s satisfaetioR, that ste}3s have been takeR te assure that vielatieRs by the 271 } 3artiei} 3atiRg ' reeker eefHl3any ae Ret eOfltiRue. The senice must be l: sus}3endea fer a 272 miRimum ef six m8flths before makiRg sl::leh sho,..... iflg. 273 ( Ord. No. 12S3, ~ 6, 5 9 95; Ora. No. 1557, ~ S, S 12 03) 274 275 276 SECTION IV. ENACTMENT OF NEW CHAPTER REGARDING WRECKER 277 OPERATIONS AND MAXIMUM RATES FOR SERVICES. 278 The Code of Ordinances, City of Fort Walton Beach, Florida, is hereby amended 279 by adding a new chapter regarding wrecker operations and maximum rates for wrecker 280 services which chapter shall read as follows: 281 282 Definitions 283 The following words, terms and phrases, when used in this chapter, shall have the 284 meanings ascribed to them in this section, except where the context clearly indicates a 285 different meaning: 286 287 Abandoned vehicle shall mean any vehicle which has not been moved in 72 hours and is 288 located on public property, including, but not limited to a city street or right- of-way. 289 290 Contracted wrecker shall mean the city pull- in wrecker service which is negotiated by the 291 city to provide certain towing services for the city. 292 293 Rotation wrecker shall mean a wrecker meeting the requirements of this chapter and 294 registered with the police department as a rotation wrecker. 295 296 Wrecker shall mean any truck or other vehicle which is used to tow, carry, or otherwise 297 transport motor vehicles or vessels upon the streets and highways of this state and which 298 is equipped for that purpose with a boom, winch, car carrier, or other similar equipment. 299 300 Wrecker Overator shall mean any person engaged in any manner in owning, operating, 301 having a license for or driving a wrecker for the purposes of providing wrecker services. 302 303 Wrecker Service shall mean any service provided by a person that is related to wrecker 304 operations, including but not limited to maintaining an office, place of business, or 305 storage lot in the city, contracting for towing from or immobilizing vehicles on private Toni L.Craig Page 6 1/19/ 2006 306 property within the city. removing and storing wrecked or disabled vehicles from an 307 accident scene orprivate property. or removing and storing vehicles in the event the 308 owner or operator is incapacitated. unavailable. leaves the procurement of wrecker 309 service to the law enforcement officer at the scene. or otherwise does not consent to the 310 removal of the vehicle. 311 312 Violations 313 Unless stated otherwise. violations of this chapter are punishable as provided in 314 chapter 1- 8 of this Code. 315 316 317 License Required 318 All persons providing wrecker services shall obtain a business occupational 319 license before offering. engaging in. or providing any wrecker operation or wrecker 320 service within the City. 321 322 323 Prerequisites for License 324 The wrecker operator shall have a valid wrecker permit and provide proof of 325 vehicle and liability insurance before a business occupational license will issue. 326 327 328 Wrecker Permit Required 329 In addition to a business occupational license. each wrecker operator shall have a 330 wrecker permit for each wrecker owned by the licensee. The requirements and form of 331 the application for a wrecker permit shall be adopted by resolution of the city. Each 332 permit shall be affixed securely to the inside of the windshield of the appropriate wrecker 333 vehicle. No wrecker permit shall be transferable. and every wrecker permit shall expire at 334 12: 00 midnight on September 30 of the fiscal year in which it is issued. 335 336 337 Wreckers Not Emere:ency Vehicles 338 It is hereby declared and determined that wrecker vehicles are not emergency 339 vehicles. and such wreckers shall comply strictly with all laws and ordinances relating to 340 motor vehicles. 341 342 343 Conditions for Wrecker Services in City 344 Persons engaged in wrecker services within the City must satisfy the following 345 conditions. 346 347 1. Maintain business hours of operation from 8: 00 a. m. to 6: 00 p. m. 348 Toni 1.Craig Page 7 1/19/ 2006 349 2. Have prominently posted a sign indicating a telephone number where the 350 operator of the site can be reached at all times. 351 352 3. Provide a e lot within 15 miles of the point of tow. storafj!: 353 354 4. Provide an after-hours one- hour response time to any owner who calls to 355 redeem a vehicle towed. held. or stored at the wrecker operator' s storage area. 356 357 5. Maintain a storage area with a minimum 6' chain- link or solid-wall tvoe 358 enclosure that is illuminated with lighting of sufficient intensitv to reveal persons and 359 vehicles at a distance of at least 150 feet during nighttime: and uses a night dispatcher or 360 watchman. security dog. security cameras or similar surveillance devices or a security 361 service from sunset to sunrise to discourage theft. 362 363 6. Deliver. within 12 hours and between 9: 00 a. m. and 4: 00 p. m.. any towed 364 vehicle to the repair facility of the customer' s choice so long as the repair facility is 365 within five miles of the city. 366 367 7. Have its name. in at least 3" permanently affixed letters. and the address and 368 telephone number. in at least 1" permanently affixed letters. clearly printed in contrasting 369 colors on the driver and passenger sides of the wrecker. 370 371 8. Have prepared billheads with the name and address of the wrecker company 372 printed on it. 373 374 9. Prepare and provide an original to the owner. before removing a disabled 375 vehicle. a bill showing the total amount charged for towing services. 376 377 10. Remove from a scene all debris and vehicle parts dislodged from the vehicle 378 being towed as a result of a vehicle crash. 379 380 11. Clear the scene of any litter and debris so that the roadway is In a safe 381 condition. 382 383 12. Notify the police department. within 30 minutes of completion of a tow or 384 removal. of the storage site. the time the vehicle was towed or removed. and the make. 385 model. color. and license plate number of the vehicle 386 387 13. Obtain the name of the person at that police department to whom such 388 information was reported and note that name on the trip record. 389 390 14. Further provide proof. upon request of the city. of compliance with section 391 715. 07. of the Florida Statutes. as amended. 392 Toni L.Craig Page 8 1/19/ 2006 393 394 City Wrecker Rotation Prot!ram 395 There is hereby established a Citv Wrecker Rotation Program. Wreckers involved 396 in the program shall be authorized. at the direction of the police department. and at pre- 397 negotiated contract prices. to tow city-owned vehicles. vehicles of evidentiary value. 398 those seized by the police department. or where the driver has been arrested. wrecked 399 vehicles. and abandoned vehicles. The city shall adopt by resolution the rules and 400 procedures for the City Wrecker Rotation Program and the fees and expenses to be 401 charged by participating wreckers. 402 403 404 Prohibited Wrecker Services 405 A wrecker operator shall not 406 407 1. Follow any ambulance. police car or wrecker which is traveling on a public 408 street in response to a report of an automobile collision or accident for the pur-pose of 409 soliciting business: 410 411 2. Drive a wrecker to or near the scene of an accident or collision on the streets of 412 the city for the purposes of soliciting business unless called to the scene by the police 413 department or owner. unless necessary to prevent death or bodily iniury to any person 414 involved in an accident or collision 415 416 3. Charge any fee. expense. or other charge that is inconsistent with the maximum 417 amounts established by the city. 418 419 420 Limitations on Fees. Expenses. Chart!es 421 The city shall adopt by resolution any limitations on fees. expenses. and charges 422 to be levied by any wrecker operator within the city. 423 424 425 SECTION IV. REPEAL OF CONFLICTING PROVISIONS 426 In the event any ordinance or parts of ordinances are in conflict with any other 427 provision of the Code, the provisions of this Ordinance shall prevail. 428 429 SECTION V. SEVERABILITY. 430 Should any provision or portion of any provision in this ordinance be declared by 431 a court of competent jurisdiction to be invalid, such decision shall not affect the other 432 provIsIOns. 433 434 SECTION VI. EFFECTIVE DATE. 435 This Ordinance shall take effect immediately upon approval by the City Council 436 and signature of the Mayor. Toni L.Craig Page 9 1/19/ 2006 ARTICLE XIII. TOWING SERVICES Page 1 of3 ARTICLE XIII. TOWING SERVICES DIVISION 1. GENERALLY; APPLICABLE TO TRESPASS TOWING AND ROTATION TOWING Sec. 11- 330. Definitions. Unless specifically defined below, words or phrases shall be interpreted so as to give them the meaning they have in common usage and to give this article its most effective application:] Applicable law enforcement shall mean the law enforcement agency which has jurisdiction in the area in which a vehicle is towed. Class A vehicles shall mean cars, motorcycles, light duty trucks, boats, campers, and other vehicles weighing 10, 000 pounds ( gross vehicle weight) or less. Class B vehicles shall mean medium duty trucks, motor homes, camper trailers, and other vehicles weighing between 10, 001 and 20, 000 pounds ( gross vehicle weight). Class C vehicles shall mean heavy duty trucks, house trailers, buses, and other vehicles weighing more than 20, 000 pounds ( gross vehicle weight). Major credit card shall mean a Visa or Master Card. Rotation towing shall mean towing pursuant to a