Fort Walton Beach Ordinance — 1671 wrecker service — reading text

following: 1) Each and everv document or other item which must be Droduced to retrieve the vehicle. 2) The exact charszes 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 UD within thirty minutes of reauest durinsz reszular business hours. and within one- hour of request at all other times. 11.12. 06 Maximum Towinsz and Storage Fees: Violation Toni L.Craig 6/17/ 2006 13  Maximum towinlZ and storalZe fees. for Drivate Droperty and rotation svstem towing and storage shall be established annual1v Drior to December 31 of each vear bv resolution of the citv council. Such maximum fees shall be effective durinlZ the followinlZ calendar year and until chanlZed bv subsequent resolution. Violation of any maximum towing and storage fees shall constitute a non- criminal offense and shall be Ilfounds for susDension from the rotation system as outlined in the administrative rules and regulations DromullZated by the Dolice chief and automatic suspension of the owner's or oDerator' s Drivilege to engage in the business of private property towinlZ. 11.12. 07 Form of Payment for CharlZes A person. firm or comoration which Drovides Drivate property towing and storage services in the City shall acceDt Davrnent for charges from the vehicle owner or authorized representative by cash or valid maior credit card or debit card. 11.12. 08 Release UDon ODerator Return The owner or ODerator of any towing service vehicle which is summoned to tow awav anv vehicle. whether on a public street. public property. or Drivate DrODertv. shall not remove or tow the vehicle awav and shall not charlZe anv fee if the vehicle operator returns to the vehicle Drior to the towinlZ service operator having physicallv connected the vehicle to the towing apparatus. " Phvsically connected" means one half of the wheel lift apparatus surrounding a tire or the winch hook being proDerlv hooked to the vehicle in an appropriate place on the vehicle where it can safely be towed or winched. If the vehicle is Dhysicallv connected but not towed away. the towing company may charge up to one- half of the allowable fees as set forth in this chaDter. If the relZistered owner or other 1elZal1v authorized Derson arrives at the scene Drior to the removal or towinlZ of the vehicle. the vehicle shall be disconnected from the towing or removal apparatus. and that Derson shall be allowed to remove the vehicle without interference UDon Davrnent of a reasonable service fee of not more than one- half of the posted rate. for which a receipt shall be IZiven. unless that Derson refuses to remove the vehicle which is otherwise unlawfullv ~ arked. Removal or towing of the vehicle shall be defined as removing the vehicle off of the physical Dremises that the towing contract encompasses. 11.12. 09 Receipt for TowinlZ Services Toni L.Craig 6/17/ 2006 14  When a towed vehicle is claimed. the towing service shall furnish the owner or other leszal1y authorized person with a receipt that shall include the name of the person who authorized the towing. the specific. itemized charszes for the towinsz service and all related fees. and shall include the followinsz lansrua~ e: " Notice: Towing from private property is regulated bv the Drovisions of Section 715. 07. Florida Statutes. as amended. and Citv of F ort Walton Beach Ordinance. " 11. 12. 10 Prohibitions: penalties. The following activities are Drohibited: 1) It shall be a violation of this chapter to charge any fee that is based on Dolice response to a call by the owner of a vehicle. 2) It shall be a violation of this chaDter to charge a release fee for towed vehicles that are released from storage facilities durinsz normal business hours. 3) It shall be a violation of this chapter for any person other than the real propertv owner or an authorized representative of the owner to move. remove or deface any tow awav siszn. 4) It shall be a violation of this chapter for any owner or wrecker employee of a towing or wrecker service to compensate. bv cash or in- kind services. property owner or their aszents in exchansze for anv a agreement to tow vehicles from the property owner' s DroDertv. 5) It shall be a violation of this chaDter to exceed the fees set bv council. 6) Except for towinsz in the normal course of its business. it shall be a violation of this chaDter for a towinsz or wrecker service to tow vehicles from its property or the DroDertv of its aszents. unless the DroDertv is the towinsz service owner's Drimarv Dlace of business. 7) It shall be a violation of this chapter to operate a wrecker without maintaining insurance coverasze in the followinsz minimum amounts: a) Garage liability insurance in an amount of not less than 300. 000 combined sinszle limit liability. b) Garasze keeDer' s leszalliability in an amount of not less than $ 50.000. coverinsz perils of fire and eXDlosion: theft of a vehicle. its DartS. or contents: riot and civil commotion: vandalism. and malicious mischief. c) On- hook coverasze in an amount of not less than 50. 000 covering: damasze to a vehicle or vehicles in tow. d) Bodilv iniurv liability insurance and Droperty damage liability insurance in amounts of: not less than $ 50.000 per occurrence for a wrecker with a IlfOSS vehicle weight of less than 35. 000 pounds: not less than $ 100. 000 per occurrence for a wrecker with a IlfOSS vehicle weight of less than 35. 000 Dounds or more but less than 44.000 pounds: and not less Toni L.Craig 6/17/ 2006 15  than $300.000 ? er occurrence for a wrecker with a ~ oss vehicle weight of more than 44. 000 pounds. 8) It shall be a violation of this chaDter for anv owner or wrecker emDlovee of a towing or wrecker service to attach a towed vehicle in such a manner that it is not traveling in a straight line behind the wrecker otherwise known as " crabbing"). so that both vehicles fail to remain in a single lane of travel. in violation ofF.S. & 316. 089(1). 9) It shall be a violation of this chapter for anv owner or wrecker emp10vee of a towing or wrecker service to demand a " no tow" fee if the vehicle they are phvsicallv connected to exceeds the szross vehicle weight of the wrecker. For examDle. a Class A wrecker is not caDable of towing a Class C vehicle because the combined weiszht of the two vehicles exceeds the ~ oss vehicle weight capability of the wrecker. 11. 12. 11 Owner Requests For Service: Wreck- Chasing Prohibited The rotation svstem rules and fees do not apply to a vehicle owner's reauest for utilization of a specific wrecker operator or company when such reauest can be reasonablv honored. It is unlawful pursuant to F. S. & 323. 002( 2)(b). for any person to solicit any wrecker business. directlv or indirectly. at the scene of a wrecked or disabled vehicle. regardless of whether the solicitation is for the Durpose of towinsz. reDairinsz. wrecking. storing. trading. or purchasing the vehicle. It is unlawful pursuant to F. S. & 323. 002( 2)( b) for anv Derson oDeratinsz a wrecker to brinsz the wrecker to the scene of an accident unless such wrecker has been called to the scene bv the ? olice deDartment or bv the owner. ODerator. or other Derson resDonsible for a vehicle involved in the accident. 11. 12. 12 Liens for Recovering. Towing. Storing: Publication of Notice Anv reszularlv enszaszed in the business of recoverinsz. Derson towinsz or storinsz vehicles who comes into possession of a vehicle pursuant to & 713. 78( 2), Fla. Stat.. and who claims a lien for recoverv. towinsz. or storasze services. shall give notice to the registered owner and to all Dersons claiming a lien thereon. as disclosed bv the records in the Florida DeDartment of HilZhwav Safety and Motor Vehicles or of a corresDondinsz aszencv in anv other state. The notice shall be as Drovided in 713. 78( 4),Fla. Stat.. and shall Drovide a date. time and place for the sale authorized Dursuant to & 713. 78. Fla. Stat. If Dublication of notice is reauired. such notice shall be Dublished in a neWSDaDer of szeneral circulation in the county which is published at Toni L.Craig 6/17/ 2006 16  least one dav a week and of general interest and readership in the county pursuant to chapter 50. Fla. Stat. 11. 12. 13 Violations: Penalties In addition to those uenalties imuosed bv & 715. 07. Fla. Stat.. as amended. violation of anv urovision of this chapter. including anv of the requirements of & 715. 07. Fla. as amended. shall be subiect to the Stat.. following civil and criminal penalties: a) Anv person who violates this chauter shall be liable to the owner or lessee of the vehicle for all costs of recovery ( including all towing and storage fees) plus attomev' s fees and court costs. and shall in addition be liable to the owner or lessee of anv towed or removed vehicle for damages resulting directlv or indirectly from the removal. transportation or storage of the vehicle. b) Anv person who violates any of the urovisions of this chapter may upon conviction be punished bv a fine not to exceed $ 500 or by imprisonment in the county iail for a term not exceeding 60 davs. or bv both such fine and imurisonment. c) Violation of anv provision of the maximum towing and storage charges shall 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 business of private urouertv towing. SECTION 5. REPEAL OF CONFLICTING PROVISIONS In the