Fort Walton Beach Council agenda — 06-24-03 regular Council agenda — reading text

vehicle stored at night in the yard, to 256 discourage theft of vehicles or property. 257 258 ( 2) No storage fee shall be charged for the first ~ 6 hours a vehicle is in a shop' s 259 possession. and the storage fees per day shall be established by council resolution 260 upon recommendation by the city manager. 261 262 ( 3) The maximum towing charge, including the use of dollies or for winching, for a 263 vehicle less than 10, 000 pounds gross vehicle weight, in addition to the rate for any 6 264 recovery exceeding 30 minutes shall be established by Council resolution upon the 265 recommendation of the city manager, but no additiOfuH charge shall. be made ~.vhen 266 moving a vehicle ITom one shop to another. " A.J1)' eharge over the first oae halfe01.H' 267 must be approved by the Polioe Supervisor on the soene. 268 269 1) No charge is to be made for tearing a vehicle do',vn for inspection, unless a v;ork 270 order is sigHed by the customer andJ-or the customer's insurance compB:fl.Y. 271 272 ( are-te- a separate document iTom an authornation for an estimate 5) ' Nork orders be 273 or a release to remove a vehicle ITom the soene of an accident 274 275 ( 6) A vvritten authorimtion to mO'le a vehide, signed and Ao~ ed by tlle 0' Wfler, 276 must be honored by a garage holding the vchide upon receipt of tee autB:orization and 277 upon payment of the mecker service as pennitted by this ehapter. 278 279 ( 7) No "wecker service paint and body shop shall. obtain authorizatioR to m< andl-cr Y/e 280 a vehicle or repair a vehicle by misrepresentation or by any other ITaudulent means. 281 282 ( 8j ill Any wrecker service and/or paint and body SROP removing a vehicle ITom the 283 scene of an accident must deliver such vehicle to the repair facility of the 284 customer's choice, within five miles of the City and within 12 hours, excluding 285 weekends and holidays. .afteF the owner indioates his oooioe ofr~ air facilities. On 286 weekdays or holidays. The vehicle shall be delivered not later than between 287 9: 00a.m. and 4: 00 p. rn. on the next working day after the owner indicates his 288 preference of repair facility. 289 290 ( 91 '' vrecker service for vehicles o'/ er 10, 000 pounds gross vehiele weight, Roose 291 trailers, tractor trucks and trailers, etc., shall be governed the same as any vehicle 292 less than 10, 000 pounds gross vehicle , voight, eKcept that the mmcimum t- ov. ing 293 fee shall be on Ii basis. The to',viHg fee shall be negotiated betv;eeR the negotiable 294 ', vrecker driver and the ,..chicle or equipment o',vner or driver, and Ii dooisioB shall. 295 be reached and a bill prepared before the '.'{recker drivcr takes possession of the 296 vehicle or The O\ Vfier shall ha'..e the right to have the police officer equipment. 297 notify another wrecker service for the purpose of negotiating anotRl2)r priee if a 298 decision cannot be reached '.'lith the first ',wecker service. 299 300 ill Operators of wreckers shall remove.. ITom the scene, all debris and/or vehicle the vehicle 301 parts, that have been dislodged, as a result of a vehicle crash. ITom 302 they are towing from the scene. Under no circumstances, will the scene be left 303 littered or the roadway left in a hazardous condition. An officer will be on scene 304 and directing traffic as necessary while debris is being removed. 305 306 7 307 SECTION 7. AMENDMENT TO CHAPTER 38, SECTION 38- 7 FEES. Chapter 38, 308 Section 38- 7 Fees is hereby amended to read as follows: 309 310 Section 38- 7 Fees. 311 312 Storage fees shall be charged under this chapter as follows: 313 314 ( 1) A storage fee as established by Council resolution upon recommendation of the hea:"'S for any seized or abandoaed vehicle 3 15 City Manager win be assessed after 18 3 16 brought to stored at the Police Department impound lot or any otBer City OWfled 3 17 facility designated to store ,..chicles beginning five days after the Police Department has 3 18 notified the owner to remove such vehicle. 319 3 20 ~ A storage fee as established by Council resolution upon recotnmCRCiatioa of tlle 321 City :Manager '.vill be assesscd for any vchicle in'..oived in an accident or brought to 322 the Police Department impound lot for evidentiary value begi.' IDiRg five days after 323 the Police Department has notified the o\ vner to remave such vchicle. 324 325 SECTION 8. REPEAL OF CHAPTER 38, SECTION 38- 8. WRECKER ROTATION 326 PROGRAM. Chapter 38, Section 38- 8, as stated below, is hereby repealed in its entirety: 327 328 Section 38- 8 Wrecker Rotation Program. 329 330 ( a) Any wrecker company participating in the city wrecker rotation program shall: 331 332 1) a. Have a current occupational permit 333 b. Have applied to participate in such program; 334 c. Maintain a 24- hour wrecker service; 335 d. Maintain their primary business office, storage facility, and have an on- call 336 wrecker within the city limits; 337 e. Have each wrecker vehicle inspected and permitted by the police 338 department; 339 f Each wrecker company shall provide proof of vehicle and liability 340 msurance. 341 342 ( 2) In addition to an occupational license authorizing a person to engage in the wrecker 343 business, there shall also be issued a wrecker permit for each participating wrecker vehicle 344 owned by the licensee participating in the rotation program. Each wrecker permit for a 345 wrecker vehicle shall state that such wrecker has been inspected and approved for safety 346 and equipment as set forth by the police department. This wrecker permit shall be affixed 347 securely to the inside of the windshield of the appropriate wrecker vehicle. A fee for such 348 inspection shall be established by council resolution upon recommendation of the city 349 manager. No person or wrecker service, other than by owner or driver request, shall be 350 called by the police depaIiment unless such wrecker service is a participant in the wrecker 8 351 rotation program. No wrecker permit shall be transferable and every wrecker permit shall 352 expire at 12: 00 midnight on September 30 of the fiscal year in which itis issued. 353 354 ( b) If the owner of a vehicle involved in an accident or collision is physically unable to designate a 355 desired wrecker company or declines to designate one, the investigating officer shall communicate 356 that fact immediately to police headquarters. The police department shall keep a master list, in 357 alphabetical order, of all wrecker companies participating in the wrecker rotation program. On 358 receiving the first communication, the police officer receiving such communication at police 359 headquarters shall call the first wrecker company on the list to tow the disabled vehicle and 360 remove the same ITom the public street of the city. If a wrecker belonging to the wrecker company receiving the communication fails to arrive at the scene of an accident within 361 30 362 minutes, the investigating officer shall notify police headquarters. The first wrecker called shall be 363 cancelled and the next wrecker on the rotation list shan be called. The wrecker whose call was 364 cancelled shall be placed in last position on the rotation list and a notation of failure to response 365 shall be recorded as a remark. In each succeeding communication of the inability or refusal of the 366 owner to designate a wrecker, the next company on the list shall be called, and proper notation of 367 each such call shall be made on the master list. 368 369 ( c) In addition to the penalty provided in section 38- 2, a violation of any of the provisions of this 370 chapter by any wrecker company participating in the Ft. Walton Beach Wrecker Rotation 371 Program shall be treated as follows: 372 373 ( 1) First violation: The city manager may suspend the participating wrecker company from 374 the rotation list for 30 days. 375 376 ( 2) Second violation: The city manager may remove the participating wrecker company 377 from the rotation list until such time as the participating wrecker company shows, to the 378 city manager' s satisfaction, that steps have been taken to assure that violations by the 379 participating wrecker company do not continue. The service must be suspended for a 380 minimum of six months before making such showing. 381 382 SECTION 9. SEVERABILTIY. The sections, paragraphs, sentences, clauses and phrases 383 oftrus Ordinance are severable. In any phrase, clause, sentence, paragraph or section oftrus ordinance 384 shall be declared invalid, unconstitutional or unenforceable by the valid judgment or decree of the court 385 of competentjurisdiction, such invalidity, unconstitutionality or unenforceability shall not affect any of 386 the remaining phrases, c1auses, sentences, paragraphs and sections ofthis ordinance. 387 388 SECTION 10. CONFLICTING PROVISIONS. Special Acts of the Florida Legislature 389 applicable to the incorporated area of the City of Fort Walton Beach, City Ordinances and City 390 Resolutions, or parts, thereof. in conflict with the provisions of this ordinance are hereby 391 superceded by this ordinance to the extent of such conflict. 392 393 OR All