Fort Walton Beach Council agenda — 12-12-06 ‎(regular)‎ — reading text

@ @e @j( 96@13J0fiH38@ J ....._~ p._-  CITY COUNCIL MEETING December 12, 2006 Public Hearing Agenda Consideration of Ordinance 1712 amending chapter 11 . 12, Wrecker Operations and Services, to add Immobilization (" Booting") as a regulated wrecker service on private property Second Reading) Police Chief) Council Action 1 st 2nd Vote: PH - 6 Agenda Item Number:  1 ORDINANCE 2 3 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, 4 FLORIDA; PROVIDING AUTHORITY; AMENDING CHAPTER 5 11. 12, WRECKER OPERATIONS AND SERVICES TO ADD 6 IMMOBILIZATION (" BOOTING") AS A REGULATED 7 WRECKER SERVICE ON PRIVATE PROPERTY; 8 AUTHORIZING FEE FOR SUCH SERVICE TO BE SET BY 9 RESOLUTION OF THE COUNCIL; REPEALING CONFLICTING 10 PROVISIONS; AND SETTING AN EFFECTIVE DATE. 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL 13 OF THE CITY OF FORT W ALTON BEACH, FLORIDA AS FOLLOWS: 14 15 SECTION 1. AUTHORITY 16 17 The authority for enactment of this Ordinance is Section 166. 021 ( 1) and 166. 043, 18 Florida Statutes ( 2005). 19 20 SECTION 2. INTENT 21 Section 166. 043, of the Florida Statutes allows the City to enact service rates, 22 registration, and other requirements for wrecker operators who provide immobilization 23 services on private property, and establish maximum rates for such service on private 24 property. The current definition of wrecker service includes " any service provided by a 25 person that is related to wrecker operations, including but not limited to maintaining 26 contracting for towing from or immobilizing vehicles on private property within the city. 27 The intent of this ordinance is to include immobilization as a regulated service on private 28 property and to authorize the establishment of a maximum fee to be charged for such 29 servIce. 30 31 SECTION 3. AMENDMENT OF SECTION 11.12. 02, OWNER, OPERATOR AND 32 VEHICLE REGISTRATION PROVISIONS. 33 Section 11.12. 02, Owner, Operator and Vehicle Registration Provisions, is 34 amended as follows: 35 36 It shall be unlawful for any person, either as principal, agent or employee, to ee or rotatioR tewiRg provide any wrecker service without having first 37 private property cm)' 38 registered the company, owner, wrecker operators and towing service vehicles with the 39 police department, using a format approved by the police department. The infonnation 40 for registration shall contain the make, model and manufacturer' s serial number of the 41 vehicle; date the vehicle was put into service; the driver' s license number of the owner 42 and of all towing service vehicles; the name of the insurance company or companies with 43 which the owner and operators have liability insurance coverage for the operation of the 44 vehicle as required by law; the name and driver's license number of all employees Toni L.Craig 10/ 17/ 2006 1 J H Jb- ~ 45 involved in the towing of vehicles from public and private property, and such other 46 infonnation as may be required. 47 48 SECTION 4. AMENDMENT OF SECTION 11. 12. 031, OPERATOR' S PERMITS 49 VIOLATIONS. 50 Section 11. 12. 031, Operator' s Pennits, is amended as follows: 51 52 No wrecker operator shall eRgage in pri'/ ate property () f tation f{) ving provide te\> 53 any wrecker service without first having obtained a written pennit from the owner of the 54 company such operator is employed by or such owner' s designee. Each pennit will meet 55 the following specifications. 56 ( 1) Each card shall be not less than 2 1/8 inches by 3 3/ 8 inches. 57 ( 2) Each card shall contain a photograph of the wrecker operator that is not less 58 than one inch by 1 1/2 inches. 59 ( 3) Each card shall contain the nameof the wrecker service and wrecker 60 operator's first name in letters that are not less than one- fourth inch by one- fourth inch. 61 ( 4) Each card shall contain a control number that can be linked back to the 62 driver' s personal infonnation. 63 ( 5) Each card shall contain a place for the wrecker administrator to validate the 64 card. After the card is validated it shall be laminated to protect the infonnation contained 65 on the card. If the pennit is lost, damaged, stolen or becomes illegible the card will be 66 immediately replaced. 67 68 SECTION 5. AMENDMENT OF SECTION 11. 12. 035, WRECKER OPERATOR' S 69 PERMIT VIOLATIONS. 70 Section 11.12. 035, Violations; Penalty, is amended as follows: 71 72 Complaints regarding any violation of the provisions of this chapter shall be 73 referred to the police chief. Three violations of the provisions of this chapter by any 74 owner or operator of a towing wrecker service or towing wrecker service vehicle shall 75 result in the automatic suspension of the owner's or operator' s privilege to engage in the 76 business of providing wrecker services on private property towing. An owner shall not be 77 suspended for acts of an employee/ operator in violation of this section unless the owner 78 actively participated in or had knowledge of the violation and took no corrective action 79 against the employee/ operator. 80 ( 1) The owner or operator shall be infonned in person or by certified or 81 registered mail within seven days prior to the effective date of the suspension. 82 ( 2) The owner or operator may make a written request for a due process hearing 83 within 15 calendar days of the date of the suspension. Failure to request a hearing within 84 the 15 calendar- day period shall constitute a waiver by the owner or operator of any right 85 to a hearing. 86 ( 3) The city council shall establish by resolution rules governing the conduct of 87 the hearing to ensure the due process oflaw. Toni L.Craig 10/ 17/2006 2  88 ( 4)Upon a review of the evidence presented at the hearing, the police chief may 89 revoke the owner' s or operator's privilege to engage in the business of private property 90 towing for up to one year. 91 92 SECTION 6. AMENDMENT OF SECTION 11. 12. 036, LENGTH OF 93 REVOCATION. 94 Section 11. 12. 036, Length of Revocation, is amended as follows: 95 96 iflg Any te' l/ wrecker service owner or operator whose privilege to engage in the 97 provision of wrecker services rotation or 13ri' lRte property to\'/ ing has been revoked shall 98 not be eligible to again register with the police department for private property towing for 99 a period of one year from the date of revocation. 100 101 SECTION 7. AMENDMENT OF SECTION 11. 12. 037, APPEAL. 102 Section 11.12. 037, Appeal, is amended as follows: 103 104 Any towing wrecker service owner or operator whose privilege to engage in the 105 business of wrecker services rotation or pri': ate property towing has been revoked may 106 file an appeal within ten (10) days of the date of revocation pursuant to the hearing 107 officer appeals process as specified in rules established by the city manager and city 108 attorney, subject to approval of city council. 109 110 SECTION 8. AMENDMENT OF SECTION 11. 12. 05, CONDITIONS OF III PRIVATE PROPERTY TOWING. 112 Section 11. 12. 05, Conditions of Private Property Towing, is amended as follows: 113 114 11. 12. 05 Conditions of Private Property Wrecker Services Towing 115 Approval of Private Property Wrecker Services To':: iflg Signs 11. 12. 051 116 It shall be unlawful for a person hired by the owner of private property within the 117 city to do any private property wrecker services tmving without having first obtained 118 approval from the police department of the signs posted on the property. In addition to 119 the requirements of section 715. 07, Fla. Stat., as amended, the wording on the sign shall 120 indicate if towing or immobilizing is conducted other than normal business hours by the 121 posting of a sign indicating " 24 hours per day." 122 11.12. 052 Requirements for Private Property Wrecker Services Towing 123 Operations 124 It shall be unlawful for any person to immobilize, tow or cause to be towed any 125 vehicle parked on private real property unless the provisions of section 715. 07, Fla. Stat., 126 as amended, and the following requirements are met: 127 ( 1) The owners of the real property and the wrecker to' lIiflg service shall have 128 executed, at least 24 hours prior to the towing or removal of any vehicle, a written 129 agreement for private property towing. The form for such agreement shall be provided by 130 the police department, and may not be amended or modified in any manner, to provide 131 for terms or activities that violate the provisions of this chapter or section 715. 07, Fla. Toni L.Craig 10/1 7/2006 3 132 Stat., as amended. The agreement shall contain: the duration of the agreement; the time of 133 day that such immobilization, towing or removal is authorized; the days of the week that 134 such immobilization, towing or removal is authorized, the fees to be paid for the wrecker 135 service, towing or removal, and the signatures of both the property owner, or the 136 authorized representative, and the owner, or authorized representative, of the wrecker 137 towing service, certifying that each has read and is in compliance with all of the 138 provisions of section 715. 07, Fla. Stat., as amended. 139 ( 2) A copy of the completed agreement is on file with the police department. 140 ( 3) Where the private real property is provided for residential parking other than 141 for a single- family residence, the agreement shall not