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

r on bid each 39 Contracted wrecker shall mean the City pull- in wrecker service which is oontrooted f{) 40 ye8f 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-way, 44 1  Rotation wrecker shall mean a wrecker meeting the requirements of this chapter and registered with the 44 45 Police Department as a rotation wrecker. 46 38. 2 PENALlY FOR 47 SECTION 2. AMENDMENT TO CHAPTER 38, SECTION is amended to read as 48 VIOLATIONS. Chapter 38, Section 38. 2 Penalty for Violations, hereby 49 follows: 50 51 Section 38. 2 Penalty for Violations. 52 on any wrecker service. the city manager 53 Upon receipt by the city manager of any written complaint If the city manager finds that the complaint is valid. he shall 54 may investigate the facts of the complaint. wrecker service a fair opportunity to be heard. 55 notifY the wrecker service. in writing. and give the A violation 56 Thereafter. the city manager may find the wrecker service to be in violation of this chapter. Fort Walton 57 of any of the provisions of this chapter by any wrecker company participating in the 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 of30 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 shows. to the City Manager's satisfaction. that steps have been taken to assure that violations by 65 66 the participating wrecker company will not continue 67 68 Unless Other than stated otherwise above. violations of this chapter are punishable as provided in 69 Section 1- 8. 70 OF 71 SECflON 3. AMENDMENT TO CHAPTER 38, SECTION 38- 3. AUTHORITY 72 CITY PULL- IN WRECKER AND ROTATION WRECKERS; EXPENSES. Chapter 38, is hereby amended 73 Section 38- 3 Authority of City Pull- in Wrecker and Rotation Wreckers; Expenses, 74 to read as follows: 75 76 Section 38- 3 Authority of City Pull- In Wrecker and Rotation Wreckers; Expenses. 77 at 78 ( a) The City pull- in wrecker shall be authorized at the direction of the Police Department, pre... 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 iR 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) AeB:Baefled vemcles upOfl city streets or rights of way. 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 the vehicle is not seized and does not 93 1) Any vehicle where the driver has been arrested but 94 have evidentiary value; aF1cl 95 96 ( 2) Wrecked vehicles as provided in this and chapter:-: 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 1 03 ( 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 UCENSE AND PERMIT REQUIRED. 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. III No wrecker operator or wrecker service shall be engageg in buBiness as a rotation wrecker 112 ( a) 113 or contracted wrecker in the city or offer such service in the city. on public or private propertY. in this section. 114 without first obtaining an occupational license and permit, therefore, as provided 115 BftEl made av-aHahle 116 ( b) pplicatiofls for a \\ Teelcer permit shall be made UpOfl a form pr~parea f.. of receipt for paymeftt ef the 117 by the city clerk, upon presem:ation to the city clerk 118 oooupationallicense tax. 119 review wrecker permit application~ and issue 120 ( e)The Police Department shall have authority to wreckers within the City. Ne 121 the wrecker permit for the operation of rotation and contracted on the streets of the 122 A rotation wrecker permit authorizing the operation of a rotation wrecker be used complies with the minimum 123 City shall not be issued unless the wrecker proposed to 124 requirements as set forth in the application. 125 In addition to a license authorizing a ~ business to engage in the rotation and 126 ~ W 127 contract wrecker business, there. shall also be issued a wrecker permit for each approved state that such 128 wrecker vehicle owned by the licensee. Each permit for a wrecker vehicle shall and the 129 wrecker has been inspected and approved under the direction of the Police Department of the appropriate wrecker 130 permit shall be affixed securely to the inside of the windshield 131 vehicle. The fee shall be established by Council resolution upon recommendation by inspection 3  and every wrecker permit shall 132 the City Manager. No wrecker permit shall be transferable, fiscal year in which it is issued. 33 expire at 12: 00 midnight on September 30 of the 134 a form prepared and made 135 ( d) Applications for a wrecker permit shall be made upon for payment of the 136 available by the Police Department. upon presentation of receipt 13 7 occupational license. 138 139 ( e) This ordinance shall only apply to rotation wreckers and contracted wreckers 140 conducting business in the City. 141 OF 142 SECTION 5. AMENDMENT TO CHAPTER 38, SECTION 38- 5 OPERATION Wreckers; 143 WRECKERS; WRECKER SELECTION. Chapter 38, Section 38- 5 Operation of 144 Wrecker Selection, is hereby amended to read as follows: 145 146 Section 38- 5 Operation of Wreckers; Wrecker Selection. 147 148 ( a) If the owner or operator of a vehicle involved in an accident or collision is physically unable to designate a desired wrecker company or declines to designate one, the investigating officer 149 150 shall communicate that fact immediately to police communications. The Police Department in 151 shall keep a master rotation list. in alphabetical order. of all wrecker companies participating 152 the wrecker rotation program. On receiving the first communication. the communications 153 officer receiving such transmission at police headquarters shall call the first wrecker company on the rotation list to tow the