HomeMy WebLinkAboutO-14071City of Miami
op
if
Ordinance 14071
1111 II li.RR I +
Legislation
File Number: 11625
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 6/9/2022
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
42/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, TITLED "POLICE/TOWING AND IMMOBILIZATION/BOOTING OF
MOTOR VEHICLES," TO ADD DEFINITIONS AND ADD REGULATIONS TO
PROHIBIT THE SOLICITATION OF WRECKER SERVICES AT THE SCENE OF
A TRAFFIC CRASH; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
SPONSOR(S): Commissioner Manolo Reyes
WHEREAS, the City of Miami ("City") utilizes a wrecker operator system for the towing or
removal or wrecked, disabled, or abandoned vehicles under City contracts with five (5) wrecker
operators ("Authorized Wrecker Operators"); and
WHEREAS, the City's wrecker operator system includes a method for apportioning the
towing assignments among the Authorized Wrecker Operators through the creation of
geographic zones; and
WHEREAS, the City's Authorized Wrecker Operators have reported that they have been
dispatched to traffic crash scenes where they have been subsequently informed that their
services were not needed because the vehicle owner permitted an unauthorized wrecker
operator to provide towing services; and
WHEREAS, Section 323.002, Florida Statutes, makes it unlawful for an unauthorized
wrecker operator to drive by the scene of a wrecked or disabled vehicle before the arrival of an
Authorized Wrecker Operator, initiate contact with the owner or operator of such vehicle by
soliciting or offering towing services, and tow such vehicle; and
WHEREAS, Section 323.002, Florida Statutes, further provides that when an
unauthorized wrecker operator drives by the scene of a wrecked or disabled vehicle and the
owner or operator initiates contact by signaling the wrecker operator to stop and provide towing
services, the unauthorized wrecker operator must disclose in writing to the owner or operator of
the vehicle his or her full name and driver license number, that he or she is not the Authorized
Wrecker Operator who has been designated as part of the wrecker operator system, that the
motor vehicle is not being towed for the owner's or operator's insurance company or lienholder,
whether he or she has in effect an insurance policy providing at least $300,000.00 of liability
insurance and at least $50,000.00 of on -hook cargo insurance, and the maximum charges for
towing and storage which will apply before the vehicle is connected to the towing apparatus;
and
WHEREAS, the City Commission finds that the additional regulations prohibiting the
solicitation by unauthorized wrecker operators at a traffic crash scene being handled by the
City's Police Department are necessary for the protection of the public;
City of Miami Page 1 of 3 File ID: 11625 (Revision:) Printed On: 612712022
File ID: 11625 Enactment Number: 14071
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as fully set forth in this Section.
Section 2. Chapter 42/Article IV of the City Code is amended in the following
particulars:'
"CHAPTER 42
POLICE
ARTICLE IV. TOWING AND IMMOBILIZATION/BOOTING OF MOTOR VEHICLES
DIVISION 1. GENERALLY
Sec. 42-101. - Authority.
The provisions of this article are enacted pursuant to the statutory power of the city to establish
and enforce business regulations necessary for the protection of the public and pursuant to F.S.
§§ 715.07(2)(b) and 323.002.
Sec. 42-104. — Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Administration. The police department is the division of Miami city government or its successor
responsible for administering all licenses pursuant to this article.
Authorized Wrecker Operator means any wrecker operator or business enterprise who has
been designated as part of the City's Wrecker Operator System by entering into a valid and
current agreement with the City and assigned a zone for the provision of such services.
Towing means to draw or pull along a vehicle behind by means of another vehicle equipped with
booms, car carriers, winches, dollies or similar equipment and includes opening of vehicle,
removal of linkage on the transmission, securing of steering wheel or any other labor required or
necessary to complete the removal of the vehicle.
' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
City of Miami Page 2 of 3 File ID: 11625 (Revision:) Printed on: 6/27/2022
File ID: 11625
Enactment Number: 14071
Unauthorized Wrecker Operator means any wrecker operator or business enterprise who has
not been designated as part of the City's Wrecker Operator System and does not have a valid
and current agreement with the City to provide such services.
Vehicle means a mobile item which normally uses wheels.
Wrecker Operator System means a system for the Towing or removal of wrecked, disabled, or
abandoned Vehicles within the City's jurisdiction under which the City contracts with one (1) or
more wrecker operators for the Towing or removal of wrecked, disabled, or abandoned Vehicles
from accident scenes, streets, or highways and includes a method for apportioning the Towing
assignments among the eligible wrecker operators through the creation of geographic zones.
Sec. 42-108. License revocation and regulations.
(b) Regulations. No business enterprise licensed under this article shall:
(17) It shall be unlawful for any Unauthorized Wrecker Operator to respond to the scene of
a traffic crash within the City for the purpose of directly or indirectly soliciting Towing
service for a disabled Vehicle(s). Only Authorized Wrecker Operators dispatched by
the Police Department to a traffic crash scene involving a disabled Vehicle(s) shall
tow such Vehicle(s). This Subsection shall not preclude owners or operators of
Vehicles from requesting a specific Business enterprise/wrecker operator of their
choice.
* //
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of the
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
1
&ina City Amtor iey 4/112022
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 3 of 3 File ID: 11625 (Revision:) Printed on: 612712022