Fort Walton Beach Ordinance — 1712 Wrecker Booting — reading text

the property owner intends to utilize roam towing or immobilization, and a complete and specifically detailed list of all tovAag instructions and rules violations that will result in towing or immobilization. A copy of 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 or immobilizing vehicles from the property. The police chief 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 Toni L.Craig 12/ 12/ 2006 4  Oed. 1712 been altered, should regularly inspect them; any sign that is removed or defaced shall be replaced within 30 day. 5) The provisions of this section 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 family residence. single.. 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 vehicle is parked is reserved or otherwise unavailable and that the unauthorized vehicle will be removed at the owner' s or operator's expense. 11. 12. 053 Notice not Required for Emergency Removal 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. Delivery to Storage Site Required 11. 12. 054 All vehicles towed shall be towed directly to the storage site owned or leased by the towing service; a vehicle shall not be kept in any temporary holding area. 11. 12. 055 Wrecker To"yYiag Service Response Requirements Each wrecker to\ viBg service shall staff and 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 or release 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. 4) That the vehicle can be picked up within thirty minutes of request during regular business hours, and within one- hour of request at all other times. SECTION 9. AMENDMENT OF SECTION 11. 12. 06, MAXIMUM TOWING AND STORAGE FEES; VIOLATIONS. Section 11. 12. 06, Maximum Towing and Storage Fees; Violations, is amended as follows: 11. 12. 06 Maximum Wrecker Service Tov.rmg and Storage Fees; Violation Maximum wrecker service tewiBg and storage fees, for private property and rotation system towing and storage shall be established annually prior to December 31 of each year by resolution of the city council, or otherwise as needed. Such maximum fees Toni L.Craig 12/ 12/2006 5  Oed. 1712 shall be effective during the following calendar year and until changed by subsequent resolution. Violation of any maximum wrecker service tavABg and storage fees shall constitute a non- criminal offense and shall be grounds for suspension from the rotation system as outlined in the administrative rules and regulations promulgated by the police chief and automatic suspension of the owner's or operator' s privilege to engage in the business of private property towing. SECTION 10. AMENDMENT OF SECTION 11. 12. 07, FORM OF PAYMENT FOR CHARGES. Section 11. 12. 07, Form of Payment for Charges, is amended as follows: A person, firm or corporation which provides private property wrecker ta":liBg and storage services in the City shall accept payment for charges from the vehicle owner or authorized representative by cash or valid major credit card or debit card. SECTION 11. AMENDMENT OF SECTION 11. 12. 09, RECEIPT FOR TOWING SERVICES. Section 11.12.09, Receipt for Towing Services, is amended as follows: 11.12. 09 Receipt for Wrecker Tac..ving Services When a towed or immobilized vehicle is claimed, the wrecker to'.viBg service shall furnish the owner or other legally authorized person with a receipt that shall include the name of the person who authorized the towing, or immobilization, the specific, itemized charges for the to'.WBg service and all related fees, and shall include the following language: '' Notice: Wrecker services on To".~ng from private property is regulated by the provisions of Section 715. 07, Florida Statutes, as amended, and City of Fort Walton Beach Ordinance." SECTION 12. AMENDMENT OF SECTION 11. 12. 13, VIOLATIONS, PENALTIES. Section 11.12. 13, Violations, Penalties, is amended as follows: In addition to those penalties imposed by ~ 715. 07, Fla. Stat., as amended, violation of any provision of this chapter, including any of the requirements of ~715. 07, Fla. Stat.,as amended, shall be subject to the following civil and criminal penalties: a) Any person who violates this chapter 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 indirectly from immobilized.. the immobilization~removal, transportation or storage of the vehicle. b) Any person who violates any of the provisions of this chapter may upon conviction be punished by a fine not to exceed $ 500 or by imprisonment in the county jail for a tenn not exceeding 60 days, or by both such fme and imprisonment. Toni L. Craig 12/ 12/ 2006 6  Oed. 1712 Violation of any provision of the maximum W', ABg and stafage charges shall c) constitute a non-criminal offense and shall be grounds for suspension from the rotation system as outlined in the administrative rules and regulations and automatic suspension of the owner's or operator's privilege to engage in the provision of wrecker services on easiness of private property to'.ving. SECTION 13. REPEAL OF CONFLICTING PROVISIONS In the event any part of this ordinance is in conflict with any other provision of the Code, the provisions of this ordinance shall prevail. SECTION 14. SEVERABILITY Should any provision or portion of any provision in this ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the other provisions. SECTION 15. EFFECTIVE DATE. This Ordinance shall take effect immediately upon approval by the City Council. Adopted: ~ J^ 2006 Mike Anderson, Mayor Attest: Approved as to form and legal sufficiency. HJf!:i:~~ New language is underlined. Codification Instructions: Sections 1, 2, 13, 14, 15 are not codified. Deleted language is striekeB. Section 3 - 12 amend sections in Chapter 11. 12 as stated. Toni L.Craig 12/ 12/ 2006 7  Daily Ne,vs Published Daily Len{b19F~ flORIDA RT'NALTON BEACH, Fort ' Valton Beach, Florida NOTICE OF PUBLIC HEARING Di8tribut. e~ in Okaloosa, Santa Rosa & \ Valton Counties A PUBLIC HEARING will be heldon. Jhe following Qrogoseclr.. ordinanceat 7: 00 p. m' on Tuesday, State of Florida December. 12. 2006" m the Council Charnber. at Fort Walton... Beach City Hall, 107 Miracle ip County of Okaloosa Parkway, SW; at which St!" time.. the.. City Council will consider its adoption into Before the undersigned authorized personally appeared law. The ordinance .in its entirety may be inspected at the Office of the City B\\~ t\& neA who on oath sayB that ( s,} he'"' Clerk during . .. regular working hours. . All mter- ested parties rnay appear at the' meeting and . be is M'J. ~ Q~ t< o~ . of the Northwest Florida Daily Ne\vs, a daily heard withe.