HomeMy WebLinkAboutOrdinance 2003-181
ORDINANCE NO. 2003~l
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, PROVIDING FOR THE
REGULATION OF PRIVATE PROPERTY TRESPASS TOWING;
PROVIDING FOR DEFINITIONS; PROVIDING FOR CONSENT OF
PROPERTY OWNERS; PROVIDING FOR WARNING TO VEHICLE
OWNERS; PROVIDING FOR REGISTRATION, PROCEDURES FOR
TOWING AND STORAGE FIRMS, PROHIBITED PRACTICES AND
PROCEDURES, SUSPENSION AND REVOCATION OF LICENSES;
PROVIDING FOR SEVERABILITY CLAUSE; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission has determined that there is a need to regulate the private
property trespass towing for the general welfare and safety of the public; and
WHEREAS, there is a need to establish, registration, procedures for towing and storage
firms for the general welfare and safety of the public; and
WHEREAS, the City Commission desires to protect the residents and visitors of Sunny Isles
Beach against unauthorized and unscrup~lous practices of private trespass towing; and
WHEREAS, the City Commission finds and determines that the unauthorized towing of
vehicles constitutes a public nuisance and a public emergency affecting the property, public safety
and welfare of the residents and tourists of the City.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section I.
Definitions.
(I) City Manager shall mean the City Manager of the City of Sunny Isles Beach.
(2) Trespass towing shall mean towing or removal of a vehicle that is parked on private real property.
(3) Vehicle shall mean any mobile item, which normally uses wheels whether motorized, or not.
Section 2.
Prerequisites to Towing Vehicles Parked on Private Property~ Exceptions.
It shall be unlawful for any person to tow or cause to be towed any vehicle parked on private real
property unless the provisions of Section 715.07, Florida Statutes, have been complied with together
with the following requirements:
I. The owners of the real p:o:-operty and the towing service shall have executed, at least
twenty-four (24) hours prior to the towing or removal of any vehicle, a written
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agreement for trespass towing, which agreement shall contain the following
provisions:
1. The duration of the agreement.
11. The time of day that such towing or removal is authorized;
111. The days of the week that such towing or removal is authorized;
IV. The fees to the paid for the towing or the removal;
v. The signatures of both the property owner, or the authorized representative,
and the owner, or authorized representative of the towing service, certifying
that each has read and is in compliance with all the provisions of Section
715.07, Florida Statutes.
The agreement may not be amended or modified in any manner which provides for terms or activities
which violate the provisions of this ordinance or Florida Statute 715.07.
a. A copy of the completed agreement shall be filed with the Office of the City Manager.
b. Where the private real property is provided for residential parking other than for a
single-family residence, the agreement shall not authorize the towing service to tow
away or remove any vehicle without a verified request to remove the specific vehicle
by the property owner or an authorized representative. A property owner
representative may include a resident manager, a property manager or other agent
who has the legal authority to bind the owner, but may not be an officer, employee or
agent of a towing service.
2. The provisions of this ordinance shall not apply to:
a. The towing of Abandoned and Non-Operating Vehicles;
b. The towing of vehicles from property appurtenant to and obviously a part of a
single-family residence;
c. When notice is personally given to the owner or other legally authorized
person in control of the vehicle that the area in which that vehicle is parked is
reserved or otherwise unavailable and that the unauthorized vehicle will be
removed a the owner's or operator's expense.
3. The twenty-four (24) hour notice requirement of this section shall not apply where
the tow is of an emergency nature and the owner has notified the police department
prior to removing the vehicle. Emergency in this section shall only include
circumstances where the usual operation of a business is impeded by the blocking of
entrances, exits, or access to operational equipment, but specifically shall not include
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Section 3.
tows for the purpose of clearing parking areas.
Warning: Vehicle not Towed Upon Operator Returning.
The owner or operator of any towing service vehicle which is summoned to tow away any vehicle,
whether on a public street, public property, or private property, shall not remove or tow the vehicle
away and shall not charge any fee if the vehicle operator returns to the vehicle prior to the to'.viRg
serviee BaviRg p8.ysieally cormected the vehiele to the toV:iRg apparams removal from the premises,;,
The towing operator shall provide a verbal warning to the vehicle owner upon releasing the vehicle.
Section 4.
Section 5
Owner. Operator. and Vehicle Registration Provisions.
1.
It shall be unlawful for any person, firm or corporation, either as principal, agent, or
employee to do any trespass towing without having first registered the owner,
operators, and towing vehicles with the police department. The information for
registration shall contain the make, model, and manufacturer's serial number of the
vehicle; date the vehicle was put into service; the driver's license number of the
owner and of all towing service vehicles; the name of the insurance company or
companies with which the owner and operators have liability insurance coverage for
the operation of the vehicle as required by law; The names and addresses of corporate
officials that can accept service of process for the towing company and such other
information as may be required. One hundred ($100) dollars registration fee shall be
filed with each registration.
2.
It shall be unlawful for a person, firm, or corporation hired by the owner of private
property within the City to do any trespass towing without having first obtained
approval of the Code Enforcement and Licensing Department of the signs posted on
the property. In addition to the requirements of Section 715.07, the Florida Statutes,
the wording on the sign shall indicate if towing is conducted other than normal
business hours by the posting of a sign indicating" 24 hours per day."
3.
All parking regulation announcement signs shall be brought into compliance with
this section within ninety (90) days of the effective date of this ordinance.
4.
The owner or operator of any towing service company shall promptly notify the City
of Sunny Isles Beach Police Department of the towing and location when it has
removed or towed a vehicle located on private property without the consent of the
owner of the vehicle.
Revocation; Appeal from Order of Revocation.
1.
The City Manager or his designee may revoke the privilege of any person, firm, or
corporation to do trespass towing on any of the following grounds:
a. If the towing service owner or operator fails to register as required by this
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article; or
b. If the registration contains false statement of a material fact; or
c. If the to'.viRg serviee owner or operator provides mOReta.ry or other
cotnpeflsatioR to the private property owner f-or the privilege of towiRg
'/ehicles from the property ooder eOfltraet; or
c.,a. If the towing service owner or operator violates any of the provisions ofthis
article.
2. Three violations ofthe provisions of this chapter by any owner and/or operator of a
towing service or towing service vehicle shall result in the automatic suspension of
the owner's or operator's privilege to engage in the business of trespass towing.
a. The owner or operator shall be informed in person or by certified or
registered mail within seven (7) days prior to the effective date of suspension.
b.. The owner or operator may make a written request for a due a process hearing
within fifteen (15) calendar days of the date of the suspension. Failure to
request a hearing within the fifteen (15) calendars day period shall constitute
a waiver by the owner or operator of any right to a hearing.
c. A hearing will be conducted before a Special Master.
d. Upon the review of the evidence presented at the hearing, the chief of police
or his designee may revoke the owner's or operator's privileges to engage in
the business of trespass towing for up to one (1) year.
3.
Any towing service owner of operator whose privilege to engage in the trespass
towing has been revoked shall not be eligible to again register with the police
department for trespass towing for a period of one (I) year from the date of
revocation.
4.
Any towing service owner or operator whose privilege to engage in the business of
trespass towing has been revoked may file an appeal within fifteen (15) days of the
date of revocation to the City Clerk.
Section 6.
Receipt from Towing Service to be Furnished to Owner When Vehicle Claimed.
When a towed vehicle is claimed, the towing service shall furnish the owner or other legally
authorized person with a receipt, which shall include the name of the person who authorized the
towing, The owner or operator of the towing service shall permit the owner or other legally
authorized person to pay towing charges by cash. credit card or check. The receipt shall also include
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the following language:
Section 7
Section 8.
Notice: Towing from private property is regulated by the provisions of Section
715,07, Florida Statutes, and City of Sunny Isles Beach Code of Ordinances.
Prohibitions.
1.
It shall be a violation of this Ordinance to charge any fee that is based on police
response to a call by the owner of a vehicle.
2,
It shall be a violation of this Ordinance to charge a release fee for towed vehicles that
are released from storage facilities during normal business hours. "Normal business
hours" shall be from 7:00 a.m. to 11:00 p.m.
3.
It shall be a violation of this Ordinance for any person other than the real property
owner or an authorized representative of the owner to move, or deface any tow-away
SIgn.
Penalties.
In addition to those penalties imposed by Section 715.07, Florida Statutes, violation of any provision
of this article including any of the requirements of Section 715,07 shall be subject to the following
civil and criminal penalties:
Section 9.
1.
Any person who violates this article shall be liable shall be liable to the owner or
lessee of the vehicle for all costs of recovery of any towed or removed vehicle for
damages resulting directly or indirectly from the removal, transportation, or storage
of the vehicle,
2.
Any person who violates any of the provisions of this article shall upon conviction
be fined not less than five hundred dollars ($500.00) per violation. Each violation
shall be considered a separate offense.
Severability.
If any provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction such provision shall be deemed a separate, district, and independent provision
and such holding shall not affect the validity of the remaining provisions.
Section 10. Effective Date.
This Ordinance is effective ten (10) days after its adoption on second reading.
PASSED and ADOPTED on first reading the 18th day of September, 2003
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PASSED and ADOPTED on second reading this '2.31ay of Oc::..-\o'oev, 2003
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. ATTEST:, ",',
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Jane A. Hines, City Clerk
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APPROVED AS TO FORM
A G ICIENCY:
Moved by: Y\( I! '{'f\tJ.M()'f" ~m RdU
\
Second by: c.0W\h'\ \,' lD" (e Tltf\~
VOTE: L.t-O
Mayor Norman S, Edelcup
Vice Mayor Gerry Goodman
Commissioner Daniel Iglesias
Commissioner Lewis J. Thaler
(yes) V
(yes) ~
(yes) ---'L:
(yes) ~
(no)_
(no)_
(no)_
(no)_
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