Fort Walton Beach Ordinance — 1712 Wrecker Booting — reading text

ORDINANCE 1712 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY; AMENDING CHAPTER 11. 12, WRECKER OPERATIONS AND SERVICES TO ADD IMMOBILIZATION (" BOOTING") AS A REGULATED WRECKER SERVICE ON PRIVATE PROPERTY; AUTHORIZING FEE FOR SUCH SERVICE TO BE SET BY RESOLUTION OF THE COUNCIL; REPEALING CONFLICTING PROVISIONS; AND SETTING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH,FLORIDA AS FOLLOWS: SECTION 1. AUTHORITY The authority for enactment of this Ordinance is Section 166.021 ( 1) and 166. 043, Florida Statutes ( 2005). SECTION 2. INTENT Section 166. 043, of the Florida Statutes allows the City to enact service rates, registration, and other requirements for wrecker operators who provide immobilization services on private property, and establish maximum rates for such service on private property. The current defInition of wrecker service includes " any service provided by a person that is related to wrecker operations, including but not limited to maintaining contracting for towing from or immobilizing vehicles on private property within the city. The intent of this ordinance is to include immobilization as a regulated service on private property and to authorize the establishment of a maximum fee to be charged for such servIce. SECTION 3. AMENDMENT OF SECTION 11. 12. 02, OWNER,OPERATOR AND VEmCLE REGISTRATION PROVISIONS. Section 11.12. 02, Owner, Operator and Vehicle Registration Provisions, is amended as follows: It shall be unlawful for any person, either as principal, agent or employee, to de any pric.late pFeperty or FetatiOB te~viBg provide any wrecker service without having first registered the company, 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  Oed. 1712 involved in the towing of vehicles from public and private property, and such other information as may be required. SECTION 4. AMENDMENT OF SECTION 11. 12. 031, OPERATOR' S PERMITS VIOLATIONS. Section 11. 12.031, Operator' s Permits, is amended as follows: No wrecker operator shall eagage in private property or Fetation te"niag vrovide any wrecker service without first having obtained a written permit from the owner of the will meet company such operator is employed by or such owner's designee. Each permit 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. After the card is validated it shall be laminated to protect the information contained on the card. If the permit is lost, damaged, stolen or becomes illegible the card will be immediately replaced. SECTION S. AMENDMENT OF SECTION 11. 12.035, WRECKER OPERATOR' S PERMIT VIOLATIONS. Section 11. 12. 035, Violations; Penalty, is amended as follows: Complaints regarding any violation of the provisions of this chapter shall be referred to the police chief. Three violations of the provisions of this chapter by any owner or operator of a ving wrecker service or to"niftg wrecker service vehicle shall ta\. result in the automatic suspension of the owner's or operator' s privilege to engage in the business of 1'roviding wrecker services on private property to~ving. 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) The owner or operator shall be informed in person or by certified or registered mail within seven days prior to the effective date of the suspension. 2) The owner or operator may make a written request for a due process 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 council shall establish by resolution rules governing the conduct of the hearing to ensure the due process of law. ToniL. Craig 12/ 1212006 2  Oed. 1712 4)Upon a review of the evidence presented at the hearing, the police chief may revoke the owner's or operator' s privilege to engage in the business of private property towing for up to one year. SECTION 6. AMENDMENT OF SECTION 11. 12. 036, LENGTH OF REVOCATION. Section 11. 12. 036, Length of Revocation, is amended as follows: Any wrecker service owner or operator whose privilege to engage in the ta"loog provision of wrecker services rota.tiaB er pri":ate p:mpeIty tevRng has been revoked shall not be eligible to again register with the police department for private property towing for a period of one year from the date of revocation. SECTION 7. AMENDMENT OF SECTION 11. 12. 037, APPEAL. Section 11.12. 037, Appeal, is amended as follows: Any niftg wrecker service owner or operator whose privilege to engage in the to.. business of wrecker services ratatien er ~rivate ~ f0t> Viftg has been revoked may erty to\. file an appeal within ten ( 10) days of the date of revocation pursuant to the hearing officer appeals process as specified in rules established by the city manager and city attorney, subject to approval of city council. SECTION 8. AMENDMENT OF SECTION 11. 12. 05, CONDITIONS OF PRIVATE PROPERTY TOWING. Section 11.12.05, Conditions of Private Property Towing, is amended as follows: 11. 12.05 Conditions of Private Property Wrecker Services Tavling Approval of Private Property Wrecker Services TOY1RBg Signs 11.12.051 It shall be unlawful for a person hired by the owner of private property within the city to do any private property wrecker services tOVliag without having first obtained approval from the police department of the signs posted on the property. In addition to the requirements of section 715. 07, Fla. Stat., as amended, the wording on the sign shall indicate if towing or immobilizin2 is conducted other than normal business hours by the posting of a sign indicating " 24 hours per day. " 11.12.052 Requirements for Private Property Wrecker Services To".ving OpemtioBS It shall be unlawful for any person to tow or cause to be towed any immobilize.. vehicle parked on private real property unless the provisions of section 715. 07, Fla. Stat., as amended, and the following requirements are met: The owners of the real property and the wrecker tovJiDg service shall have 1) executed, at least 24 hours prior to the towing or removal of any vehicle, a written agreement for private property towing. The form for such agreement shall be provided by the police department, and may not be amended or modified in any manner, to provide for terms or activities that violate the provisions of this chapter or section 715. 07, Fla. Toni L. Craig 12112/2006 3  Oed. 1712 Stat., as amended. The agreement shall contain: the duration of the agreement; the time of day that such immobilization, towing or removal is authorized; the days of the week that such immobilization, towing or removal is authorized, the fees to be paid for the wrecker ta".viRg or femoval, and the signatures of both the property owner, or the service.. authorized representative, and the owner, or authorized representative, of the wrecker viRg service, certifying that each has read and is in compliance with all of the te... provisions of section 715. 07, Fla. Stat., as amended. 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 shall not authorize the wrecker toWJig service to tow away or remove any vehicle without a verified request to immobilize.. remove the specific vehicle by the property owner or an authorized representative as permitted in subsection ( 4) below. 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 wrecker ta\ vmg service to tow away or remove vehicles without a verified immobilize.. request to f0IBove a specific vehicle between the hours of 12: 00 midnight and 7: 00 a.m. provided that the owner ftrst 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 wrecker services to"mng contract on file with the police department 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 or immobilization. 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 or immobilization. All amendments to or new leases, rental agreements or property owners' association documents shall contain the provision giving notice that