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

authorize the wrecker tovling 142 service to immobilize, tow away or remove any vehicle without a verified request to 143 remove the specific vehicle by the property owner or an authorized representative as 144 pennitted in subsection ( 4) below. A property owner' s representative may include a 145 resident manager, a property manager or other agent who has the legal authority to bind 146 the owner, but may not be an officer, employee or agent of a towing service. 147 ( 4) Owners of properties used for residential purposes may elect to authorize the 148 wrecker tov:ing service to immobilize. tow away or remove vehicles without a verified 149 request to a specific vehicle between the hours of 12: 00 midnight and 7: 00 a.m. remey€! 150 provided that the owner first comply with the following requirements: 151 a. Signage shall be added to each of the existing tow away signs with 152 letters of the same size as the " tow away" language, which provides the following words: 153 " Roam Towing, 12: 00 midnight -- 7: 00 a.m.". 154 b. The wrecker services to'Ning contract on file with the police 155 department shall be amended to provide for roam towing between the hours of 12: 00 156 midnight and 7: 00 a. m. 157 c. A photograph of the " offending" vehicle shall be taken prior to its 158 removal and should be maintained by the wrecker company for a minimum period of two 159 years. The photograph shall demonstrate the violation oflaw, rule or regulation for which 160 the vehicle is being towed. 161 d. Lease, rental or property owners' association documents shall contain a 162 notice provision indicating that property utilizes roam towing or the residential 163 immobilization. In the case of properties with existing leases, rental agreements or 164 property owners' association documents, it shall be sufficient to notify by regular mail, at 165 the last known address, each of the tenants/ owners of the property prior to the initiation 166 of roam towing or immobilization. All amendments to or new leases, rental agreements 167 or property owners' association documents shall contain the provision giving notice that 168 the property owner intends to utilize roam towing or immobilization, and a complete and 169 specifically detailed list of all to': ling instructions and rules violations that will result in 170 towing or immobilization. A copy of these provisions must be posted in the rental office 171 and the common area. A copy must also be maintained on file in each tow vehicle 172 removing or immobilizing vehicles from the property. The police chief shall review and 173 approve the parking rules. At the entrance or entrances a sign shall be posted stating 174 where the parking rules can be read by residents and guests. The parking rules shall be 175 posted in a public area at the complex. The management, to ensure that they have not Toni L.Craig 10/ 17/ 2006 4 176 been altered, should regularly inspect them; any sign that is removed or defaced shall be 177 replaced within 30 day. 178 ( 5) The provisions of this section shall not apply to: 179 a. The towing of vehicles pursuant to other provisions in this chapter. 180 b. The towing of vehicles from property appurtenant to and obviously a 181 part of a single- family residence. 182 c. When notice is personally given to the owner or other legally 183 authorized person in control of the vehicle that the area in which that vehicle is parked is 184 reserved or otherwise unavailable and that the unauthorized vehicle will be removed at 185 the owner' s or operator's expense. 186 187 11.12. 053 Notice not Required for Emergency Removal 188 The 24- hour notice requirement of this section shall not apply where the tow is of 189 an emergency nature and the owner has notified the police department prior to removing 190 the vehicle. The tenn " emergency" in this section shall only include circumstances where 191 the usual operation of a business is impeded by the blocking of entrances, exits or access 192 to operational equipment, but specifically shall not include tows for the purpose of 193 clearing parking areas. 194 195 11.12.Delivery to Storage Site Required 054 196 All vehicles towed shall be towed directly to the storage site owned or leased by 197 the towing service; a vehicle shall not be kept in any temporary holding area. 198 199 11. 12. 055 Wrecker To' xing Service Response Requirements 200 Each wrecker to'.viag service shall staff and monitor its telephones at all times 201 ( pager only does not satisfy this requirement) and immediately advise any vehicle owner 202 or authorized representative who calls by telephone of the following: 203 ( 1) Each and every document or other item which must be produced to retrieve 204 or release the vehicle. 205 ( 2) The exact charges as of the time of the telephone call, and the rate at which 206 charges will accumulate thereafter. 207 ( 3) The acceptable methods of payment. 208 ( 4) That the vehicle can be picked up within thirty minutes of request during 209 regular business hours, and within one- hour of request at all other times. 210 211 SECTION 9. AMENDMENT OF SECTION 11.12. 06, MAXIMUM TOWING AND 212 STORAGE FEES; VIOLATIONS. 213 Section 11.12. 06, Maximum Towing and Storage Fees; Violations, is amended as 214 follows: 215 11.12. 06 Maximum Wrecker Service ying and Storage Fees; Violation TO'. 216 Maximum wrecker service to\ ving and storage fees, for private property and 217 rotation system towing and storage shall be established annually prior to December 31 of 218 each year by resolution of the city council, or otherwise as needed. Such maximum fees Tom L.Craig 10/ 17/ 2006 5 219 shall be effective during the following calendar year and until changed by subsequent 220 resolution. 221 Violation of any maximum wrecker service to\ ving and storage fees shall 222 constitute a non- criminal offense and shall be grounds for suspension from the rotation 223 system as outlined in the administrative rules and regulations promulgated by the police 224 chief and automatic of the owner' s or operator' s privilege to engage in the suspension 225 business of private property towing. 226 227 SECTION 10. AMENDMENT OF SECTION 11. 12. 07, FORM OF PAYMENT 228 FOR CHARGES. 229 Section 11.12. 07, Form of Payment for Charges, is amended as follows: 230 231 A person, firm or corporation which provides private property wrecker towing 232 and storageservices in the City shall accept payment for charges from the vehicle owner 233 or authorized representative by cash or valid major credit card or debit card. 234 235 SECTION 11. AMENDMENT OF SECTION 11. 12. 09, RECEIPT FOR TOWING 236 SERVICES. 237 Section 11.12. 09, Receipt for Towing Services, is amended as follows: 238 239 11. 12. 09 Receipt for Wrecker Tov; ing Services 240 When a towed or immobilized vehicle is claimed, the wrecker t0v/ ing service 241 shall furnish the owner or other legally authorized person with a receipt that shall include 242 the name of the person who authorized the towing, or immobilization, the specific, 243 itemized charges for the towing service and all related fees, and shall include the Notice: Wrecker services on Tawing m private property is 244 following language: " fr{) 245 regulated by the provisions of Section 715. 07, Florida Statutes, as amended, and City of 246 Fort Walton Beach Ordinance. " 247 248 SECTION 12. AMENDMENT OF SECTION 11. 12. 13, VIOLATIONS, 249 PENALTIES. 250 Section 11.12. 13, Violations, Penalties, is amended as follows: 251 252 In addition to those penalties imposed by g 715. 07, Fla. Stat., as amended, 253 violation of any provision of this chapter, including any of the requirements of g 715. 07, 254 Fla. Stat., as amended, shall be subject to the following civil and criminal penalties: 255 ( a) Any person who violates this chapter shall be liable to the owner or lessee of 256 the vehicle for all costs of recovery ( including all towing and storage fees) plus attorney' s 257 fees and court costs, and shall in addition be liable to the owner or lessee of any 258 immobilized. towed or removed vehicle for damages resulting directly or indirectly from 259 the immobilization, removal, transportation or storage of the vehicle. 260 ( b) Any person who violates any of the provisions of this chapter may upon 261 conviction be punished by a fine not to exceed $ 500 or by imprisonment in the county jail 262 for a term not exceeding 60 days, or by both such fine and imprisonment. Toni L.Craig 10/17/ 2006 6 263 c) Violation of any provision of the maximum te',viFlg and storage charges shall 264 constitute a non- criminal offense and shall be grounds for suspension from the rotation 265 system as outlined in the administrative rules and regulations and automatic suspension 266 of the owner' s or operator' s privilege to engage in the provision of wrecker services on 267 business of private property tov:ing. 268 269 270 SECTION 13. REPEAL OF CONFLICTING PROVISIONS 271 In the event any part of this ordinance is in conflict with any other provision of 272 the Code, the provisions of this ordinance shall prevail. 273 274 SECTION 14. SEVERABILITY 275 Should any provision or portion of any provision in this ordinance be declared by 276 a court of competent jurisdiction to be invalid, such decision shall not affect the other 277 provIsIons. 278 279 SECTION 15. EFFECTIVE DATE. 280 This Ordinance shall take effect immediately upon approval by the City Council. 281 282 283 284 Adopted: 2006 285 Mike Anderson, Mayor 286 287 288 Attest: Approved as to form and legal 289 sufficiency. 290 291 292 293 Helen A.Spencer, City Clerk Toni L.Craig, City Attorney 294 295 296 297 298 New language is underlined. Codification Instructions: Sections 1, 2, 13, 14, 15 are not codified. 299 Deleted language is stflekea. Section 3 - 12 amend sections in Chapter 11. 12 as stated. 300 Toni L.Craig 10/ 17/ 2006 7  CITY COUNCIL MEETING November 14, 2006 Regular Agenda