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HomeMy WebLinkAboutAgenda Item Cover PageG1TY OF AGENDA ITEM COVER PAGE ,e,�,File ID: #11625 Lo R1'0 Ordinance Second Reading Sponsored by: Manolo Reyes, Commissioner 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. City of Miami File ID: 11625 (Revision:) Printed On: 6/27/2022 City of Miami Legislation Ordinance Enactment Number: 14071 File Number: 11625 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. 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; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami File ID: 11625 (Revision:) Printed On: 6/27/2022 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. 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. ' 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 unchanaed material. City of Miami File ID: 11625 (Revision:) Printed On: 6/27/2022 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: 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 i ria i : nd- e[y Nttor 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 File ID: 11625 (Revision:) Printed On: 6/27/2M