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

Responding to a call while under the influence of alcohol or any controlled substance. c) Convicted of a misdemeanor for theft fraud or related integrity or towing related crime within the previous three ( 3) years. 11. 12. 035 Call allocation system. 1) Only authorized wreckers shall operate on the wrecker rotation list  2) Wrecker operators will be called in order of approval Following each call an operator will be rotated to the bottom of the list. 3) The wrecker operator may not lease assign transfer, pledge surrender or otherwise encumber or dispose of assignment on the rotation list 4) Wrecker operators will only be listed once under the name under which they are qualified. It is prohibited for a wrecker operator conducting business at one location to receive multiple listings or classifications by utilizing different or fictitious names operating out of the same location. When two or more comorations are owned by the same individual partnership or parent co1poration, each may have a separate listing only when each has a separate location 5) The wrecker operator will notify the police communications center at the time the call is received whether it will respond and an estimated time for response 6) Wrecker operators shall be on call 24 hours a day, seven days a week If the wrecker operator does not acknowledge the call the police communications center will rotate the wrecker operator to the bottom of the list and request the services of the next available wrecker operator. 7) In the event of specialized recovery requirements not otherwise met by the wrecker operators the police department may call specialized recovery equipment 8) For multiple car crashes involving multiple disabled vehicles the wrecker operator subiect to call by class from the rotation list will be advised by the police communications center of the number of tow trucks needed to remove the vehicles The wrecker operator will beigiven the option of removing all the disabled vehicles if the operator maintains the number of qualified drivers and trucks. If the wrecker operator lacks the capacity to remove all the vehicles an additional wrecker operator shall be called from the rotation list 9) The City is authorized to limit the number of wrecker operators participating as rotation wreckers. The City shall establish the number of operators to maintain adequate and timely public service as well as minimizing the police department's management of the rotation system. All rotation wrecker operators will have their rimary place of business located within the City limits of Fort Walton Beach. 11. 12. 036 Response to Calls. 1) The wrecker operator shall respond to all requests for service made through the police communications within 30 minutes If a response cannot be made within that time the wrecker operator shall notify the police communications of the estimated delay and the reasons for the delay. The police communications officer may cancel the request for service rotate the wrecker operator to the bottom of the list and request the services of the next available wrecker operator. 2) When a vehicle is released at the scene by the investigating officer, the wrecker operator shall tow the vehicle directly to the operator( s) storage lot or location the owner or police department requests. scene reasonably believes that the vehicle cannot be safely removed 4) The vehicle or vessel owner is responsible for payment of charges imposed by the wrecker operator in accordance with FSS 323. 001  5) Unauthorized wreckers are prohibited from soliciting business at the scene of a traffic crash FSS 323. 002. 11. 12. 037 Rotation Wrecker operator requirements 1) Wrecker operator will properly remove vehicles or vessels at the direction of a police officer. 2) Wrecker operators will sweep glass from the roadway and remove all debris or hazards from the scene and comply with FSS 316.2044. 3) Wrecker operators will not hold the City responsible for any damage to a vehicle caused by the wrecker operator towing or storing the vehicle 4) Wrecker' s storage lot must be located within the City limits 5) The storage lot must be in a secure location enclosed by a fence or wall at least 6 feet high have proper lighting and adopt Crime Prevention through Environmental Design principles 11. 12. 038 Rotation Wrecker Operator' s place of business: 1) The business must have a sign that identifies it to the public as a wrecker establishment. The sign must have letters of at least four inches in height and be placed so that it is clearly visible to the ppblic. 2) The place of business must maintain an office space that is staffed during the hours of 8AM to SPM, Monday through Friday excluding federal holidays 3) The wrecker service shall maintain a telephone communications system to answer calls, from the City or from the public 24 hours a day and immediately advise any vehicle owner or authorized representative who calls by telephone of the following_ a) All documents or other items which must be produced to retrieve or release the vehicle; b) If there are any holds on the vehicle; c) The exact charges as of the time of the telephone call and the rate at which charges will accumulate thereafter; d) The acceptable methods of payment and e) Vehicles must be released within 30 minutes of request from 8. 00 AM to 5. 00 PM, Monday through Friday excluding federal holidays and within 90 minutes of request at all other times. 11. 12. 04 Contract Wrecker Services. 11. 12. 041 The City council hereby authorizes the chief of police or his designee the power and authority to authorize wrecker operators under such terms and conditions as they deem appropriate to implement a city wrecker service to provide certain towing services for City purposes.  11 12. 042 The City' s contracted wrecker service will provide the following services as designated: Wrecker services for crash or evidentiaryyumoses to the police department impound lot. 2) Wrecker service for police department or other City vehicles due to mechanical or disabling issues. 11. 12. 043 Response to Calls. 1) The wrecker operator shall tow the vehicle directly to the Police department or City fleet yard, unless directed otherwise by a City supervisor. 2) The wrecker operator shall utilize gloves and other means available to prevent the destruction of potential evidence for police tows 3) The motor vehicle or vessel owner is responsible for payment of charges imposed by the wrecker operator and associated storage fees FSS 323. 001. 11. 12. 044 Wrecker operator requirements. 1) Contract wreckers will have the same requirements as rotation wreckers Contract wreckers are also rotational wreckers unless they opt out of the rotation 11. 12. 05 Private Property Wrecker Services. 11. 12. 051 It shall be prohibited for any person to immobilize tow or cause to be towed any vehicle or vessel parked on private realrp operty unless the provisions of F S 715. 07 and the following requirements are met: 1) The owners of the real property and the wrecker service shall have executed at least 24 hours prior to the towing of any vehicle or vessel a written agreement and have complied with all signage requirements of FSS 715. 07. 2) A copy of the completed agreement must be kept on file with the property owner and the wrecker company and provided to Law Enforcement or the vehicle owner upon request 3) The Agreement shall contain: a) the duration of the agreement: b) the time of day and days of the week such immobilization towing or removal is authorized; c) the fees to be paid for the wrecker service by the business if any and d) storage and tow fees shall not exceed the adopted fees for towing and storage by the City.  4) It shall be unlawful for any owner or wrecker employee of a towing or wrecker service to compensate a property owner or their agents in exchange for any agreement to tow vehicles from the property owner's property or to incentivize the towing of vehicles 5) Where the private real property is provided for residential parking other than for a single- family residence, the agreement shall not authorize the wrecker service to immobilize tow away or remove any vehicle without a verified request to remove the specific vehicle by the property owner or an authorized representative other than an officer, employee or agent of a towing service. 6) A photograph of the offending vehicle or vessel shall be taken prior to its removal and should be maintained by the wrecker company until the vehicle is released A copy of the photo shall be released to the owner of the vehicle or law enforcement upon request 7) These provisions shall not apply to the towing of vehicles at a single-family residence Vehicles at a single-family residence may be towed at the request of the property owner or authorized tenant of the property. 11. 12. 052 Notice not Required for Emergency Removal: The 24-hour notice requirement of this section shall not apply where the removal is an emergency, and the owner has notified the police department prior to removing the vehicle. The term " emergency" in this section shall onlA 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 pumose of clearing parking lots for nonnal business operations 11. 12. 053 Delivery to Storage Site Required: 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. Storage sites are required to be within 7 miles of the police station and must be a secure location with a fence or wall of at least 6 feet high, have proper lighting and adopt Crime Prevention through Environmental Design principals 11. 12. 054 Wrecker Service Response Requirements: The wrecker service shall maintain a telephone communications system to answer calls from the City or from the public 24 hours a day and immediately advise any vehicle owner or authorized representative who calls by telephone of the following: 1) All documents or other items 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) Vehicles must be released within 30 minutes of request from 8. 00 AM to 5. 00 PM Monday through Friday excluding federal holidays and within 60 minutes of request at all other times; and  5) The wrecker operator removing the vehicle or vessel shall within 30 minutes after completion of such towing or removal must notify the police department of such towing or removal, the storage site, the time the vehicle or vessel was towed or removed and the make model, color, license plate number and VIN of the vehicle or HIN of the vessel IL 12. 06 Penalties. 11. 12. 061 The penalties for a violation of sections 11 12 02 and 11. 12. 05: 1) Any person who violates these sections shall be prosecuted in the same manner as misdemeanors are prosecuted. Upon conviction a violator shall be punished by a fine not to