Fort Walton Beach Ordinance — 2128--Amend COO Section 11.12 Wrecker Operation & Services — reading text

ORDINANCE 2128 rm AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING CHAPTER 11. 12 OF THE CODE OF ORDINANCES WRECKER OPERATION AND SERVICES AS AUTHORIZED BY CHAPTER 323. 002 AND 715. 07 OF THE FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, wrecker services and operations was last updated in 2006 by the City Council; and WHEREAS, the health and welfare of the community requires the regulation of tow services and wrecker operations to help ensure the timely removal of vehicles that are blocking roadways and within the public right of way; and WHEREAS, Florida State Statute 323. 002 allows for a municipality to establish a wrecker operator systems; and WHEREAS, Florida State Statute 715. 07 sets the minimum standards for private property tows but does not preclude enactment of additional regulations by any municipality; and WHEREAS, the citizens of Fort Walton Beach should enjoy the benefit of having their vehicles or vessels safely removed, stored in a secure location, and be able to retrieve them in a timely manner. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY AND INTENT The authority for enactment of this ordinance is pursuant to the powers vested in the City by Home Rule Authority of Section 166. 021( 1) of the Florida Statutes, the provisions of Chapter 162 of the Florida Statutes, Section 323. 002 and 715. 07 of the Florida Statutes, and the City Charter. SECTION 2. REPEALS AND REPLACES CODE OF ORDINANCES CHAPTER 12. 02 — WRECKER OPERATIONS AND SERVICES. Chapter 12. 02 of the City of Fort Walton Beach Code of Ordinances shall be repealed and replaced as follows: ON ov  wv-gwnc.-imemn I MR- 11ferm INFIRIP91.10-MIRMW Prymffn M. ill... NOW rm rip - TUM  OPINION 11 s'-s'- fRR!fRR! ll FF I r_ qnvrr_ pm PEER. in FMI,. ml,ml, ii W.W. W, .W . ........  11. 12 WRECKER OPERATIONS AND SERVICES 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 clearly indicates a different meaning: Abandoned vehicle: Any vehicle which has been continuously parked on any public right of way, public property, or public parking lot more than 72 hours Authorized Wrecker: A wrecker service that has submitted their application to provide towing services within the City and has been approved by the police department as a rotation or contract wrecker. Class A vehicles: Cars motorcycles light duty trucks boats campers and other vehicles weighing 10, 000 pounds ( gross vehicle weight) or less Class B vehicles: Medium duty trucks motor homes camper trailers and other vehicles weighing between 10. 001 and 20,000 pounds ( gross vehicle weight) Class C vehicles: Heavy duty trucks house trailers buses and other vehicles weighing more than 20. 001 pounds ( gross vehicle weight). Contracted wrecker: The city pull -in wrecker service which is negotiated by the cites provide certain towing services for the city, Crime Prevention through Environmental Design ( CPTED): is a multi -disciplinary approach to crime prevention that uses urban and architectural design and the management of built and natural environments. Disabled vehicle or vessel: A vehicle or vessel that is on ublicrp operty or right of way and cannot be readily or safely removed by the owner or operator. Private property towing: Towing or removal of a vehicle that is parked on private real property, at the property owner's direction. Rotation wrecker: A wrecker meeting the requirements of this chapter, properly permitted licensed and registered with the police department as a rotation wrecker. Rotation wrecker towing system: A system whereby a group of wrecker companies have agreed to take turns answering calls for towing and storage services when requested by a police officer at the scene of a traffic crash disabled vehicle or other police request for a tow. Vehicle: any mobile item which normally uses wheels whether motorized or not  Vessel: every description of watercraft, barge and airboat used or capable of being used as a means of transportation on water, other than a seaplane Vehicle immobilization device: a mechanical clamp or device that is professionally manufactured and designed to lock the wheel on a motor vehicle thus immobilizing the vehicle and preventing anyone but the keyholder from removing it. Wrecker: Any truck or other vehicle which is used to tow, carry, or otherwise transport motor vehicles or vessels upon the streets and highways of this state and which is equipped for that purpose with a boom winch car carrier, or other similar equipment Wrecker operator: Any person engaged in any manner in owning operating having a license for or driving a wrecker for the pumoses of providing wrecker services Wrecker service: Any service provided by a person that is related to wrecker operations towing of vehicles or storage of motor vehicles that are towed 11. 12. 02 Wrecker operations The City Council hereby delegates to the chief of police or designee the power and authority to engage with wrecker operators under such terms and conditions deemed appropriate to implement wrecker operations to protect the health and welfare of the community and to establish a municipal wrecker operator system in accordance with applicable provisions of Chapters 323 and 715, Florida Statutes. The Okaloosa County towing fee schedule shall be adopted by the City_ IL 12. 021 Wrecker vehicle identification markings: 1) The name, address and telephone number of the wrecker operator must be painted or permanently affixed in a conspicuous place on both sides of the trucks Multiple addresses and more than two telephone numbers are prohibited. a) The name must be at least three inches in height. b) The address and telephone number must be at least one inch in height c) Magnetic or removal signs or placards will not meet these requirements 2) Wreckers that are performing repossessions are exempt from the marking requirements. 11. 12. 022 A wrecker service will provide a written receipt to the owner or operator of a vehicle or vessel when requested or to a police officer if the owner or operator is not on scene and one is requested. 11. 12. 023 All wrecker operators will be incompliance with Federal State and local laws 11. 12. 03 Rotation Wrecker Services  Rotation Wrecker Services are provided to remove vehicles or vessels that are disabled abandoned on the public right of way or at the direction of a police officer due to an arrest or investigation. They may also be used to tow city vehicles or vessels If the vehicle is not being towed for an investigation the owner or operator of the vehicle or vessel may use a wrecker of their choosing if they can respond within a reasonable amount of time The vehicle or vessel owner is responsible for papnent of charges imposed by the wrecker operator and associated storage fees, FSS 323. 001. 11. 12. 031 It shall be unlawful for any person either as principal agent or employee to solicit wrecker services or to respond to any police or city scene of a wrecked crashed or disabled vehicle unless they are an authorized wrecker operator, or they were directly contacted by the owner of the vehicle. FSS 323. 002. 11. 12. 032 Rotation Wrecker services will be required to register during the month of August each year for inclusion in the next fiscal vear' s rotation service Wreckers that have previously registered are still subject to re -inspection and must submit a new application yearly. The application and registration process will be determined by the police department and will correspond to the City' s fiscal year. 11. 12. 033 Minimum Rotation Wrecker Requirements: 1) The following information will be provided to the Police Department a) The make, model, and Vehicle Identification Number (VIN) of all wreckers; b) Copies of valid registration for wrecker vehicles; and c) The name and driver's license number of all employees management and owners of the wrecker service. 2) The wrecker operator shall maintain the following insurance coverages to include coverage for towing and storage. a) Worker' s compensation and employer' s liability insurance as required by statute. b) Business Auto Liability insurance in an amount not less than $ 1, 000,000 combined single limit liability. c) Legal liability insurance in an amount not less than $ 300,000 for each loss covering perils of fire and explosion• theft of a vehicle its parts or contents; riot and civil commotion; vandalism; malicious mischief and damage to a vehicle in tow. d) Garage ( Storage Lot) Liability —Minimum limit of $1, 000,000 per occurrence for claims arising out of garage and premises operations This requirement can be satisfied with a Commercial General Liabilitypolicy as well e) Bodily injury liability insurance and property damage liability insurance in an amount not less than $ 1. 000,000 combined.  3) The wrecker operator shall furnish certificates of insurance to the Police Department prior to being placed on the rotation or contractual list and then annual or when changes are made to the policy. The City of Fort Walton Beach shall be named as additional insured on the policies. 4) Once established as a registered company, owner, operator with the Police Department, any changes in wrecker units, insurance coverage or any other changes relating to ownership or management of the business must be provided to the police department within 5 business days. 5) The wrecker operator must maintain at least one rollback tow truck and one qualified driver. 6) A working rotor beam or strobe -type light amber in color, mounted on the wrecker in such a manner that it can be seen from the front, rear, and both sides 7) At least one heavy duty push broom with a minimum width of 24 inches 8) One square shovel. 9 One ax. 10) One crowbar or orybar with a minimum length of 30 inches 11) Minimum of one five -pound CO 2 or dry chemical fire extinguisher or equivalent It must be an approved type and have a current inspection tag attached 12) One set of Jumper cables. 13) One four-way lug wrench. 14) One flashlight. 15) One snatch block for each winch with manufacturer's rating to match winch 16) Extra towing chain six to eight feet in length with hooks 17) Fifty pounds of sand or equivalent. 11. 12. 034 Lack of reputability will disqualify a wrecker operator. 1) Any wrecker operator who fails to maintain the confidence of the public by committing any of the following lacks reputability a) Convicted of any felony within the previous five (5) years. b)