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

hazardous conditions. The Police Department has hosted two meetin~ with the current rotation wrecker owners and drivers of to solicit their input for the ordinance and fee schedule. The resulting. ordmance incorporates many and recommendations. This revised ordinance and proposed fee the owners/ drivers suggestions schedule has been provided to the rotation wrecker companies for their review. Staff has included the Fee Schedule Resolution in the backup material for infonnation purposes only. This Resolution will be scheduled for Council approval when the Ordinance 1557 is scheduled for City Second Reading. RECOMMENDATION: first Staff recommends that the City Council of Fort Walton Beach adopt the ordinance as proposed on reading. IG-. z.o~ Date SH/ fbt Attachments: Agenda Item Wrecker Ordinance 1557 ResoIDtion/ FeeSchedwes(~ Class A,B. & C Wrecker Inspection Form Rollback Wrecker Inspection Form Wrecker Rotarion Application Form wrecker ani agenda memo.doc  1 2 3 4 ORDINANCE NO. 1557 5 6 AN ORDINANCE OF THE CITY OF FORT WALTON 7 BEACH FLORIDA RELATING TO THE REGULATION OF 8 WRECKER OPERATIONS BY AMENDING CHAPTER 38, 9 WRECKERS, OF THE CITY CODE; PROVIDING FOR 10 AMENDMENT TO DEFINITIONS; PROVIDING FOR 11 AMENDMENT TO PENALTIES, PROVIDING FOR 12 AMENDMENT TO AUTHORITY OF CITY PULL IN 13 WRECKER AND ROTATION WRECKERS; EXPENSES; 14 PROVIDING FOR AMENDMENT TO OCCUPATIONAL 15 LICENSE AND PERMIT REQUIREMENTS; PROVIDING 16 FOR AMENDMENT TO OPERATION OF WRECKERS; 17 WRECKER SELECTION; PROVIDING FOR AMENDMENT 18 TO TAKING POSSESSION OF VEmCLE AND 19 COMPLIANCE WITH CERTAIN REQUIREMENTS; 20 PROVIDING FOR AMENDMENT TO STORAGE FEES; 21 REPEALING PROVISIONS RELATING TO THE 22 WRECKER ROTATION PROGRAM; PROVIDING FOR 23 SEVERABILITY; PROVIDING FOR CONFLICTING 24 PROVISIONS AND PROVIDING FOR AN EFFECTIVE 25 DATE. 26 27 28 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON 29 BEACH, FLORIDA, AS FOLLOWS: 30 31 SECTION 1. AMENDMENT TO CHAPTER 38, SECTION 38.1 DEFINITIONS. 32 Chapter 38, Section 38. 1 Definitions, is hereby amended to read as follows: 33 34 Section 38. 1 Definitions. 35 36 The following words, terms and phrases, when used in this chapter, shall have the meanings 37 ascribed to them in this section, except where the context clearly indicates a different meaning: 38 39 Contracted wrecker shall mean the City pull- in wrecker service which is cootraeted for on bid eaeh 40 yeaf negotiated by the City to provide certain towing services for the City. 41 42 Abandoned Vehicle shall mean any vehicle which has not been moved in 72 hours and is located on 43 public property. including. but not limited to a City street or right-of-wav. 44 1  and registered with the 44 Rotation wrecker shall mean a wrecker meeting the requirements of this chapter 45 Police Department as a rotation wrecker. 46 38. 2 PENALTY FOR 47 SECTION 2. AMENDMENT TO CHAPTER 38, SECTION 38, Section 38. 2 Penalty for Violations, is hereby amended to read as 48 VIOLATIONS. Chapter 49 follows: 50 51 Section 38.2 Penalty for Violations. 52 wrecker service. the city manager 53 Upon receipt by the city manager of any written complaint on any 54 may investigate the facts of the complaint. If the city manager finds that the complaint is valid. he shall fair opportunity to be heard. 55 notify the wrecker service. in writing:. and give the wrecker service a 56 Thereafter. the city manager may find the wrecker service to be in violation of this chapter. A violation 57 of any of the provisions of this chapter by any wrecker company participating in the Fort Walton 58 Beach Wrecker Rotation Program shall be resolved as follows: 59 60 ( 1) First violation: The City Manager. in his sole discretion. may suspend the participating 61 wrecker company ITom the rotation list for a time period of 30 days. 62 63 2) Second violation: The City Manager. in his sole discretion. may remove the participating 64 wrecker company ITom the rotation list until such time as the participating wrecker company 65 shows. to the City Manager's satisfaction. that steps have been taken to assure that violations by 66 the participating wrecker company will not continue 67 in 68 Unless Other than stated othenvfse above. violations of this chapter are punishable as provided 69 Section 1- 8. 70 OF 71 SECTION 3. AMENDMENT TO CHAPTER 38, SECTION 38- 3. AUTHORITY 72 CITY PULL- IN WRECKER AND ROTATION WRECKERS; EXPENSES. Chapter 38, 73 Section 38- 3 Authority of City Pull- in Wrecker and Rotation Wreckers; Expenses, is hereby amended 74 to read as follows: 75 76 Section 38- 3 Authority of City Pull- In Wrecker and Rotarion Wreckers; Expenses. 77 at pre- 78 ( a) The City pull- in wrecker shall be authorized at the direction of the Police Department, 79 negotiated contract prices, to tow: 80 81 ( 1) City-owned vehicles; and 82 83 ( 2) Vehicles of evidentiary value or seized by the Police Department or at the request of or authority in the city limits. In the 84 any other law enforcement agency having jurisdiction 85 case of other law enforcement agencies requesting pull- in services, expenses incurred shall 86 be the responsibility of that agency~ 87 2 88 ( 3) :\, bB:Rdoaed vehieles \; lfJoa city streets or rights of v;-ay. 89 of the Police Department, to tow the 90 ( b) Rotation wreckers shall be authorized, at the direction location designated by the owner/operator: 91 following vehicles to their respective storage areas or a 92 vehicle is not seized and does not 93 1) Any vehicle where the driver has been arrested but the 94 have evidentiary value; aOO 95 96 ( 2) Wrecked vehicles as provided in this chapter:: and 97 98 ( 3) Abandoned vehicles, 99 in accordance with F. S, ~ 713. 78 100 ( c) Recovery of towing expenses by rotation wreckers shall be 101 and this chapter. 102 103 ( d) The City shall not be held accountable or liable for any expenses incurred by a towing company, 104 except as outlined in this chapter, 105 106 SECTION 4. AMENDMENT TO CHAPTER 38, SECTION 38- 4 OCCUPATIONAL 107 LICENSE AND PERMIT REQumED. Chapter 38, Section 38-4 Occupational License and 108 Permit Required, is hereby amended to read as follows: . 109 110 Section 38-4 Occupational License and Permit Required. 111 wrecker 112 ( No wrecker operator or wrecker service shall be engageg in bumness as a rotation a) 113 or contracted wrecker in the city or offer such service in the city. on public private property. or 114 without first obtaining an occupational license and permit, therefore, as provided in this section. 115 116 ( b) '^4)f) ecker permit sflaJl be made upoa a form pr~p8fea and made &\'8ilable lieations f-or a \ v: for paymeBt of the 117 by the city clerk, upon presentation to the city olerk of receipt 118 oooupationallicense tax. 119 wrecker permit application~ and issue 120 fe)The Police Department shall have authority to review 121 the wrecker permit for the operation of rotation and contracted wreckers within the City. Ne on the streets of the 122 A rotation wrecker permit authorizing the operation of a rotation wrecker with the minimum 123 City shall not be issued unless the wrecker proposed to be used complies 124 requirements as set forth in the application. 125 business to engage in the rotation and In addition to a license authorizing a ~ 126 OOW 127 contract wrecker business, there shall also be issued a wrecker permit for each approved