Fort Walton Beach Ordinance — 1671 wrecker service — reading text

eeleagisg te the '; Jfeeker eemJ3~' reeeh' iBg the eeBHmHlieaties fails te arfl'le at the seese ef aR aeeideRt witkiB 39 miBates, the iB'/ estigatiBg emeer shall setify J3eliee headEtual'tel' s. The fil'st ", reelEer ealled shall ee eaneelled and the seKt ';,Teeker es the retaaes list shall ee eallea. The wreeker ':: hese eall as eaReelled shall ee J3laeed is la!Jt J3esities eR the retaties list aRd a setaties ef fllihlfe te resJ3esse shall ee l'eeFded e1B&fl~. as a l' Is eaeh saeeeediBg eeffiHNHiieaties ef the iRaeility ar l'efusal efthe e\' mer te desigaate a vvreel( er, the RaJa: eeffiJ3aRY es the list shall ee ealled, aRd J3l'el3er Retaties ef eaeh saeh eall shall ee made es the master list. g. 11. 9g3 P-ena/ ti8s In aEldities te ether aJ3J3lieaele J3esakies, a ' lielaties ef aRY ef the J3revisiess ef this ehaJ3ter ey aRY ':.'feeker e mJ38.RY J3artieij3atiRg in the Feft WakeR Beaeh Wreeker Retaties PregF8IR shall ee treated as s: felle..... 1) Fwst ': i6lf1tian: The eity maRager m~' sasl3esd the J3al'tieiJ3atiRg '. weeker eempaRY frem the retaties list fer 39 Says. 2) Sesend viakHien: The e~' manager m~' l'eme\' e the I3lUt'ieij3atiBg \ Teeker eemJ3any Hem the retaties list 1Hitil saeh time as the J3artieij3atisg eemJ3~ v}feeker she';; s, ta the eity manager' s satisfaetieR, that steJ3s e eees takeR te h&"/ ass1:H' that e ielatiess ey the J3alt'ieij3atiBg '; Jfeeker eempaBJ de set eeBtimle. The serviee mast ee susl3esded fer a ef sin mesths eefel'e makisg sueh shewisg. miRim1:l: lR SECTION 4. ENACTMENT OF NEW CHAPTER 11.12 REGARDING WRECKER OPERATIONS AND MAXIMUM RATES FOR SERVICES. The Code of Ordinances, City of Fort Walton Beach, Florida, is hereby amended by adding a new chapter 11. 12, to be titled Wrecker Operations and Services, regarding wrecker operations and services, requirements, and maximum rates for wrecker services and operations which chapter shall enacted as follows: 11. 12 Wreckers 11.12. 01 Definitions The following words. terms and phrases. when used in this chapter. shall have the meanings ascribed to them in this section. except where the context clear1v indicates a different meaning: Abandoned vehicle Anv vehicle which has not been moved in 72 hours and is located on Dublic DroDertv. includim!. but not limited to a city street or riiilit-of- wav. Class A vehicles motorcycles. light duty trucks. boats. campers. and other Cars. vehicles weighing 10. 000 pounds ( gross vehicle weight)or less. Class B vehicles Toni L.Craig 6/ 17/ 2006 6  Medium duty trucks. motor homes. camner trailers. and other vehicles weighing between 10. 001 and 20. 000 nounds ( IZrOSS vehicle wei~ t). Class C vehicles Heavy duty trucks. house trailers. buses. and other vehicles wehzhing more than 20. 001 nounds ( u:ross vehicle wei~ t). Contracted wrecker The city null- in wrecker service which is negotiated by the city to Drovide certain towing services for the city. Rotation wrecker A wrecker meetinu: the requirements of this chapter. properly nermitted. licensed. and registered with the police denartment as a rotation wrecker. Rotation wrecker towinf!svstem A svstem wherebv a 1Zr0un of wrecker comnanies have alZreed to take turns answering calls for towing and storau:e services when reauested by a police officer at the scene of an accident or disabled vehicle. The wrecker companies are placed on a list. called consecutivelv as the need arises. and then rotated to the bottom of the list. Private ProDertv towing Towing or removal of a vehicle that is narked on private real property. at the nronertv owner's direction. Wrecker Anv truck or other vehicle which is used to tow. carry. or otherwise transport motor vehicles or vessels unon the streets and hiu:hwavs of this state and which is equinned for that numose with a boom. winch. car carrier. or other similar equipment. Wrecker ODerator Any person engaged in any manner in owninu:. oneratinu:. havinu: a license for or drivinu: a wrecker for the nurposes of providing wrecker servIces. Wrecker Service Anv service nrovided bv a nerson that is related to wrecker operations. includinu: but not limited to maintaining an office. place of business. or storage lot in the city. contracting for towing from or immobilizing vehicles on private nronertv within the city. removing and Toni L.Craig 6/ 17/ 2006 7  storing wrecked or disabled vehicles from an accident scene or private DroDertv. or removim! and storin~ vehicles in the event the owner or operator is incapacitated. unavailable. leaves the procurement of wrecker service to the law enforcement officer at the scene. or otherwise does not consent to the removal of the vehicle. 11. 12. 02 Owner. operator and vehicle rel!istration provisions. It shall be unlawful for anv person. either as principal. agent or employee. to do anv Drivate DroDertv or rotation towing without havinl! first rel!istered the company. owner. wrecker ODerators and towinl! service vehicles with the Dolice department. using a format approved bv the police department. The information for rel!istration 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 towinl! service vehicles~ the name of the insurance company or companies with which the owner and operators have liability insurance coveral!e for the operation of the vehicle as reauired bv law~the name and driver's license number of all employees involved in the towinl! of vehicles from Dublic and private property. and such other information as mav be required. 11. 12. 03 Wrecker ODerator' s Permit Violations 11.12. 031 ODeratorPermits No wrecker operator shall engage in private proDertv or rotation towing without first having obtained a written permit from the owner of the companv such operator is employed by or such owner's desismee. Each Dermit will meet 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 bv 1 1/2 inches. 3) Each card shall contain the name of the wrecker service and wrecker oDerator' s first name in letters that are not less than one- fourth inch bv one- fourth inch. 4) Each card shall contain a control number that can be linked back to the driver' s Dersonal 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 illel!ible the card will be immediate Iv replaced. 11.12. 032 Wrecker Service Owner Responsibility Toni L.Craig 6/ 17/ 2006 8  It shall be unlawful for the owner of any wrecker service to Dennit any person to be emo1oyed as a wrecker ODerator within the city unless such oorson has been 2I'anted a written permit to em!asze in orivate orooertv or rotation towim! by the oolice chief. Each oennit shall be valid for two years from date of issuance. 11. 12. 033 Pennit To secure a wrecker ooerator pennit. an aoolicant must orovide the followim! information on a form provided by the city manafler. 1 ) Provide the wrecker administrator a certified COPy from the Florida Deoartment of Law Enforcement of his criminal history and a certified COOy of his driving record from the Florida Deoartment of Hitzhway Safety and Motor Vehic1es: 2) Be at least 18 years of age: 3) Possess an approoriate valid Florida driver' s license for the wrecker and orovide a ohotocooy to the wrecker administrator: 4) Not have been convicted of the followinsz: a. Any felony if the aoolicant' s civil rights have not been restored: b. Anv felony or first deflree misdemeanor directly related to the business of towing motor vehicles: or c. Within the orevious five years. of driving: under the influence of alcohol. a controlled substance. or a chemical substance. to the extent that normal faculties are imoaired: driving: with an unlawful blood alcohol level: or any other criminal traffic offense. 11. 12. 034 Revocation ofPennit The oolice chief may revoke the orivileg:e of any oerson to do private oropertv towing on any of the following 2I'ounds: 1 ) If the towinfl service owner or ooerator fails to register as required by this chaoter: 2) If the reszistration contains false statement of a material fact: 3) If the towing service owner or wrecker ooerator orovides monetary other compensation to the orivate property owner for the or privilesze of towinfl vehicles from the orooertv under contract: 4) The towinsz service owner or ooorator orovides monetary comoensation to the private prooortv owner for each individual vehicle towed from the oropertv: 5) If the towinfl service owner or wrecker operator charszes fees in excess of those set by council resolution: 6) If the towing service owner or wrecker ooerator violates any of the provisions of section 715. 07. Fla. Stat.. as amended. or this chaoter: or Toni L.Craig