Fort Walton Beach Ordinance — 1671 wrecker service — reading text

6/20/ 2006 9  7) If a wrecker operator fails to display on or about his person or on the dashboard of the wrecker. easilv visible to the Dublic. the wrecker ODerator Dermit while Derforminsz a Drivate DrODertv or rotation tow. 11. 12. 035 Violations: Penalty Complaints reszarding anv violation of the provIsions of this chaDter shall be referred to the police chief. Three violations of the provisions of this chapter by any owner or operator of a towing service or towing service vehicle shall result in the automatic suspension of the owner's or operator' s privilege to engage in the business of private property towing. An owner shall not be susDended for acts of an employee/ operator in violation of this section unless the owner actively particiDated in or had knowledsze of the violation and took no corrective action against the employee/ operator. 1 ) The owner or ODerator shall be informed in Derson or by certified or registered mail within seven days prior to the effective date of the susDension. 2)The owner or ODerator may make a written request for a due Drocess hearinsz within 15 calendar davs of the date of the susDension. Failure to request a hearing within the 15 calendar- day Deriod shall constitute a waiver bv the owner or operator of any right to a hearing. 3) The citv council shall establish by resolution rules szoverning the conduct of the hearinsz to ensure the due Drocess of law. 4) UDon a review of the evidence presented at the hearing. the police chief may revoke the owner's or oDerator' s Drivilesze to enszasze in the business ofDrivate mODertv towinsz for UD to one vear. 11.12. 036 Lenszth of Revocation Any towinsz service owner or ODerator whose privilege to engage in the rotation or private property towinsz has been revoked shall not be eligible to again register with the police deDartment for Drivate DrODertv towinsz for a Deriod of one year from the date of revocation. 11.12. 037 ADDeal Anv towing service owner or operator whose Drivilesze to enszasze in the business of rotation or Drivate proDertv towing has been revoked may file an aDDeal within ten (10) days of the date of revocation Dursuant to the hearing officer aDDeals Drocess as specified in rules established bv the city manager and and city attorney. subiect to approval of city council. 11.12. 038 Rotation Wrecker Towing System The Dolice chief is authorized to establish a rotation wrecker towinsz svstem utilizing qualified. reDutable wrecker operators for the Toni L.Craig 6/ 17/ 2006 10  removal and storasze of wrecked or disabled vehicles when the owner or operator of the vehicle leaves the procurement of a wrecker service to an investiszatinsz police officer. The citv manager and police chief shall be authorized to promulszate rules and reIDllations for the administration of the Rotation Wrecker Towinsz Svstem. 11. 12. 04 Storage area reauirements. In addition to the reauirements of section 715. 07. Fla. Stat.. as amended. storasze sites utilized by wrecker owners for the storasze of motor vehicles towed pursuant to private property or rotation towinsz must be within the city limits: manned during regular business hours: capable of being securelv locked: be surrounded by a chain link or solid wall type fence at least six feet in height: and be illuminated with lightinsz of sufficient intensity to reveal persons and vehicles at a distance of at least 150 feet durinsz niszhttime. 11.12. 05 Conditions of Private Propertv Towinsz 11.12. 051 Approval of Private Property Towinsz Sil:ms It shall be unlawful for a person hired bv the owner of private property within the city to do any private property towinsz without havinsz first obtained approval from the police department of the sil:ms posted on the property. In addition to the requirements of section 715. 07. Fla. Stat.. as amended.. the wordinsz on thesign shall indicate if towing is conducted other than normal business hours by the postinsz of a sign indicatinsz " 24 hours per day. " 11.12. 052 Reauirements for Private Property Towinsz Operations It shall be unlawful for anv person to tow or cause to be towed anv vehicle parked on private real moperty unless the ? rovisions of section 715. 07. Fla. as amended. and the followinsz requirements are met: Stat.. 1) The owners of the real propertv and the towing service shall have executed. at least 24 hours prior to the towinsz or removal of anv vehicle. a written alITeement for private property towinsz. The form for such agreement shall be provided bv the police department. and may not be amended or modified in anv manner. to provide for terms or activities that violate the provisions of this chapter or section 715. 07. Fla. Stat.. as amended. The agreement shall contain: the duration of the agreement: the time of dav that such towinsz or removal is authorized: the days of the week that such towinsz or removal is authorized. the fees to be paid for the towing or removal. and the siJIDatures of both the propertv owner. or the authorized remesentative. and the owner. or authorized representative. of Toni L.Craig 6/ 17/ 2006 11  the towiniZ service. certifying that each has read and is in compliance with all of the provisions of section 715. 07. Fla. as amended. Stat.. 2) A copy of the completed aiZreement is on file with the Dolice department. 3) Where theprivate real DrODertv is Drovided for residential parking other than for a single- familv residence. the al2feement shall not authorize the towiniZ service to tow awav or remove any vehicle without a verified reauest to remove the specific vehicle bv the Dropertv owner or an authorized reDresentative as permitted in subsection ( 4) below. A property owner's representative mav include a resident manaiZer. a DrODertv manager or other aiZent who has the legal authority to bind the owner. but may not be an officer. emplovee or agent of a towing service. 4) Owners of proDerties used for residential Durposes mav elect to authorize the towing service to tow away or remove vehicles without a verified reauest to remove a specific vehicle between the hours of 12: 00 midnicl1t and 7: 00 a.m. provided that the owner first complv with the following requirements: a. SignaiZe shall be added to each of the existiniZ tow awav signs with letters of the same size as the " tow awav" languaiZe. which provides the following words: " Roam Towing. 12: 00 midnight -- 7: 00 a.m.". b. The towiniZ 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 photoiZraDh of the " offendiniZ" vehicle shall be taken prior to its removal and should be maintained by the wrecker comDanv for a minimum period of two years. The photol2faDh shall demonstrate the violation of law. rule or regulation for which the vehicle is beiniZ towed. d. Lease. rental or property owners' association documents shall contain a notice provision indicatiniZ that the residential DroDerty utilizes roam towing. In the case of properties with existiniZ leases. rental agreements or property owners' association documents. it shall be sufficient to notify bv reiZular mail. at the last known address. each of the tenants/ owners of the property prior to the initiation of roam towiniZ. All amendments to or new leases. rental aiZreements or DroDertv owners' association documents shall contain the Drovision iZiviniZ notice that the propertv owner intends to utilize roam towiniZ. and a complete and specifically detailed list of all towiniZ instructions and rules violations that will result in towiniZ. A CODV these provisions must be Dosted in the rental office and the common area. A copy must also be maintained on file in each tow vehicle removiniZ vehicles from the property. The police chief shall review and approve the parkiniZ rules. At the entrance or entrances a sign shall be posted stating where the parkiniZ rules can be read by residents and guests. The DarkiniZ rules shall be posted in a Dublic area at Toni L.Craig 6/ 17/ 2006 12  the comDlex. The manaszement. to ensure that thev have not been altered. should reszularlv insDect them: anv sism that is removed or defaced shall be reDlaced within 30 dav. 5) The provisions of this section shall not apply to: a. The towinsz of vehicles Dursuant to other Drovisions in this chaDter. b. The towinsz of vehicles from DroDertv aDpurtenant to and obviouslv a Dart of a sinszle- familv residence. c. When notice is Dersonallv sziven to the owner or other leszallv authorized Derson 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 oDerator' s eXDense. 11.12. 053 Notice not Required for Emergencv Removal The 24- hour notice requirement of this section shall not apply where the tow is of an emerszencv 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 clearinsz Darkinsz areas. 11. 12. 054 Deliverv to Storasze Site Required All vehicles towed shall be towed directlv to the storage site owned or leased by the towing service: a vehicle shall not be keDt in any temDorarv holdinsz area. 11.12. 055 Towing Service ResDonse Reauirements Each towing service shall staff and monitor its teleDhones at all times ( Daszer onlv does not satisfy this requirement) and immediately advise anv vehicle owner or authorized representative who calls by telephone of the