HomeMy WebLinkAboutO-11858J-99-589
11/15/99
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING CHAPTER 42/ARTICLE IV, OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "TOWING OF MOTOR VEHICLES;" TO
PROVIDE DEFINITIONS AND ESTABLISH
REGULATIONS, PROCEDURES AND PENALTIES FOR THE
IMMOBILIZATION OF VEHICLES PARKED ON PRIVATE
PROPERTY WITHOUT PERMISSION OR AUTHORITY;
MORE PARTICULARLY BY RENAMING ARTICLE IV TO
"TOWING AND IMMOBILIZATION OF MOTOR
VEHICLES," BY DIVIDING SAID ARTICLE INTO
DIVISIONS 1, 2, AND 3, BY AMENDING
SECTIONS 42-102 THROUGH 42-104, AND BY ADDING
NEW SECTIONS 42-116 TO 42-118 TO SAID CODE;
PROVIDING FOR A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Miami finds and determines that private
real property owners may cause the removal of unauthorized
vehicles upon their private real property; and
WHEREAS, the use of immobilization devices prior to the
removal of unauthorized vehicles parked on private property is
not prohibited by law; and
WHEREAS, a private real property owner, upon proper notice
to the public, may require adherence to rules prohibiting
unauthorized parking on private property; and
WHEREAS, the practice of immobilization upon commercial
property is also a commercial venture and an occupation subject
i.°i
to the occupational license requirements of the City and
reasonable regulation; and
WHEREAS, the City of Miami deems it advisable and in the
public interest to enact provisions regulating private real
property owners engaged in the act of immobilizing unauthorized
vehicles parked on their property prior to requesting and/or
arranging for their removal;
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 hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2.. Chapter 42/Article IV of the Code of the City
of Miami., Florida, as amended, entitled "TOWING OF MOTOR
VEHICLES," is hereby amended in the following particulars:-!/
"Chapter 42
POLICE
Article IV. Towing and Immobilization of Motor Vehicles
�i 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.
- 2 -
11858
Sec. 42-102. Short title.
This article shall be known and may be cited as
the "towing company and Immobilization on rat or
licensing and regulating ordinance of the City of
Miami".
Sec. 42-103. Purpose
(a) It is hereby declared that, in order to
provide for and safeguard the life, health, safety,
property and welfare of the people, the licensure and
regulation of business enterprises engaged in the
practice of recovering, towing, removing, a -ad storing
and immobilization of motor vehicles are matters
affecting the public interest; and any person desiring
to conduct such business enterprise shall be required
to -obtain a regulatory license and obey the regulations
as hereinafter provided.
(b) The purpose of this article is to provide a
uniform system for the licensure and regulation of
business enterprises which are engaged in or which
intend to engage in the practice of recovering, towing,
removing, a -ad storing and immobilization of motor
vehicles which are parked on private property without
the permission of the owner of the private property.
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:
Business enterprise means a unit of economic
organization or activity in the form of an individual
natural person, sole properietorship., corporation,
partnership, organization, joint venture, trust,
foundation, firm, group, society, association or any
combination thereof whose systemic purposeful activity
is the recovering, towing, removingf aid storing aiad
immobilization of parked vehicles from private real
property at the express instruction of the owners of
such real property. However, "business enterprise"
- 3 -
shall not mean nor include in its meaning the "property
owner.
Immobilization■. meat the Iplacing of •••
• • ■- device ■ ■ - vehicle • be uu••
nr ntherwise disables a vehicle from olperation.
firm authori7c-d hy the owner, lessee, nr controller
1111•• •■ of -unau�horized vehirleq .a -. •.
■- ..-. • -11• • -- .- 1111•• •.
License means that certificate or document itself
which permits a business enterprise to engage in the
activity of recovering; towing, removing, storing
and immobilization of parked vehicles from private real
property at the express instruction of the owners of
such.real property. As used in this article, "license"
shall not mean a municipal or county occupational
license.
wn for in
• 11 • • - ■ - ■ - • •
DOWN
Sec. 42-105.
Sec. 42-112--42 11:9 42-115. Reserved.
-Cal occupational license require- o Projae
Owner or �mmobili7.ation Cont-ractar shall- ■ • . • - ■ ■ -
business • 1111 • • • ■ • 11 • •vehicles . . - • ■
- 4 - I1Oe-�
immobilization license require (=-rtWq
11 11 • • / • 11 • • — / — / . — . — • •
— 0 •e— , /• 4 — 11 •/ • •• / —
• / • • / . / 11 11 • • • • — ■
Sec. 42-117, Requirements for issuance of
immobilization license —
ILL Notice
L* ffi7llslrzlmmlemn��
■ •' / • •
1111 • • • / • . .. • / — . / ! • !
late
- 5 - JAL 18al" 8
• � •
woo
— — . . --Mir • ■ ' 'Im
1.21 Inspection of real property where immobilization
is used to enforce parking restrictions. The
1_31 Notification to owner. Prior to immobilization,
■ — ■ 717,0 • . • — • 11 11 • • • ■
•— —/ •— 1111•. —.
-L41 Method of immobilization. Immobilization shall be
. /—— •■ ■— . — .— • ■— 11• • —■ —
- 6 - 11858
requirement. U.•/ immobilizatiothe Proj�erty Owner shall affix a warninsz notice
-LEjj warning sign RnQlish., Sipanigh, and Creole, on the dr�yerls
window of the vehicle, indicating that the yehi
is immobilized and that any-11. to move -will cause damage, and shall jarovide the tele_
,
. 11 • - to • / for of / -
uu.• on device, and the f -- f Or
owner or Immobilization Contractor with a fo
/ - of 1111 • • • / 1 i cense
Availability and response time. The Prolpert-y
owner or 1111 • • • ■ Contractor Rhallmake
available on a 24-hour, seven- da�zs -a -week basis,
attendantsand equipment • the timeelgage of
the 11 11 • • • ■ device, The Tminhili7.atio ■
immohilization device from the vehicle within
j. ment to remove the device has been made,
• • '- • - Requirements, A/ immobilized
ye-hic1p -,hall not remain immohilJ7.ed on 1)riyate
1prniperty formore than 24 ■•After such
released1period of time has ex1pired, the yehic1p shall he
from the steel boot and may be towed or
removed 1pursuant to thig article, and no fee shall
he assessed for releagg of ■- immnhilization
-LBL Record of contracts. The Pro rt- Z Owner or
1111•. •■ISO= • ■. - ..• 11. ■
III a sit
• OR • 11 11 . • • ■ - - • ■10
-
- � •�- ■ • ■- a ■-
Mrs
- 7 - 11858
(10) Record keeping procedures- The Prolperty Owner
Tmmobilization Contractor shall. --p . /
immobilization log , information / • . •/ / •. /• •
not limitpcl tc)* date and time the vehicle
nhserved illeclally p. . -d compliance with t•
article, the date-amd timedate-am of 11 11 • • •
location/addresq of the real 1prolperty where t
immobilizatinn took 1place, make, model. c• • •
license taQ numhpr nf the vehicle immobilized- To
addition, / - Tmmohili7.atinn Cnntractnr S•
include in the I •• the f n1 I C)Wi /• rpl- -
infnrmatione verification of - / - • / - /
the 1.11- of •- 1person -11• •• steel ••• /-
name of 1person rec[uesting tow service,
a"Ticable. All filps,- • /d logs sha• availahlp-- for insipection • • the subject 1premi
d- •/-- Said lo!_•j shall be submitted -to tCit
he
U • . • - • - • • - - • / a hiweekly• / •
with the a"rolpriate ..11 / - fee,
-c -d by tl-vis•
(11) Ethics and Conduct, The Prolperty Owner
Tmmohilization Contractor shall• • • busiI
/ / • - - • / • /- . - 11,at al 11- •d /. - - - 11-./ • •• • -- •- • • -• - • /- 11• • / • All 1pub-lic •/ •. b- / • -•
orderly manner.
of - - The term of • occur,)ationlicense issued. jaursuant to this art-irlp shall
•. er 31, Article TT, • • •e.-
•. - •Ii •- •. . • 1
fill
1
•. •• • -u• /• -/ - • •- •./- •
- fill•• -. • -u• -. • /- . -.- •
fill •1► /• • -u• /• 1• - -• -
•/ on -•
identification. The Tmmobi I J 7-a t i •• .• •
- 11 . . - - or a�;jents shall- . - / • /
- 8 - 11858
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Comp(15) Citizen laints, ■- Immohilization .■
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shall- .•••• ■• • .■ •u.
•■ - ■ ■• a •■• on ■- .. . •• •
its -u• -- . ..-• ■ excess,
■. ••• • ■- . - . •
..u..- •vehicles,and - •
noticp as r(-quired by this artirlp- The
U.■.•- • .- •■-- ■. ■• •- •■
p of ■- -■ .u. ■ The •■ •
shall 1providp any additional ex1planation
complaint within five days u.on ■• •■
-■ . .. on of ■- coml:)Taint will.-
forwarded • the Ciontractor and the -■
comlalainant ulpon co=letion of ■- investiQation.
-■ • - •- . • •■ - • • ■ • on
- 9 - . 118 5' 8
• 11 - • • - • , ■ - lino =11,111111111111013 • •
v go go
affect the rules and -rc-qulations governing any )Dprson
(c) Penalties. P n 1 i s for violations, of the
12-L Revocation of License. The City may also
revoke the Contractor's huqinc-,qq licensp in
accordam_-e with the 1proviginn.-, -,P-t forth in
■.p• of • •d- and may he
-■ • ■ the •p- •• nf the Contractor in
- 10 11-858
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MM MIN
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110
11. • /' • • 9'•. .
-L4j- in addition to the above, a violation of this
artir.le shall constitute a misdemeanor and
shall be jaunished bar m= ri sonment not to
Pxreed sixty (60) da s or bimposition of a
fin no o exceed Five -Hundred Dollars
($500.00), or both.
Section 4. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are hereby repealed.
Section 5. If any section, part of section, paragraph,
clause, phrase or word of this Ordinance is declared invalid, the
remaining provisions of this Ordinance shall not be affected.
Section 6. This Ordinance shall become effective thirty
(30) days after final reading and adoption thereof.'I
PASSED ON FIRST READING BY TITLE ONLY this 26th day of
October , 1999.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 16th day of November , 1999.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of
this legislation by signing it in the designated place provided, said legislation now
becomes effective with the elapse of ten 10) days fro the date of Commission action
regarding same, without the Mayor a rosin ve
ATTEST: Walte J. l= ma , city Clerk
WALTER J. FOEMAN
CITY CLERK
TRESS-b
v This Ordinance shall become effective as specified herein unless vetoed
by the Mayor within ten 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 or upon the
effective date stated herein, whichever is later.
CITY OF MIAMI
CITY ATTORNEY'S OFFIC 20
MEMORANDUM /
TO: Mayor and Members of the. Ci o ss' n
FROM: Alejandro Vilarello, Cit At
DATE: November 5, 1999
RE: Proposed First Ring rdinance-City Commission Meeting -November 16, 1999
Immobilization (Boo g) Ordinance [J-99-589]
At the October 26, 1999 City Commission meeting, the City Commission was presented
with a proposed second reading ordinance to establish regulations, procedures and penalties for
the immobilization (booting) of vehicles parked on private property without permission or
authority. The Ordinance further provided that a fee for the removal of the immobilization
device by the immobilization contractor be set at the rate of $65.00 ($55.00 costs for the
contractor and $10.00 administrative costs to be paid to the City by the contractor).
After lengthy discussion, the City Commission directed that the ordinance be modified to
increase the fee charged for removal of the immobilization device to $85.00 ($60.00 costs for the
contractor and $25.00 administrative costs to be paid to the City by the contractor). Due to the
proposed increase in the fee, the City Attorney advised the City Commission that said Ordinance
be passed on first reading, rather than second reading, to provide the public and the towing
industry with duly advertised public notice for the increased amount.
The attached proposed ordinance is therefore presented to you now for consideration on
second reading. Section 2 of said ordinance has been modified to reflect the required $85.00 fee
as directed by the City Commission and will be incorporated into Section 42-117(1)(c) of the
City Code (see Page 5 of the draft ordinance) upon adoption of the ordinance.
W349b:BSS
Attachment
cc: Donald H. Warshaw, City Manager
Walter J. Foeman, City Clerk
William E. O'Brien, Chief of Police
Elvi Alonso, Agenda Coordinator
POLICE
Sec. 42-70. Review on appeal by officer of
disciplinary recommendation.
(a) Departmental disciplinary review board Pur-
suant to any existing collective bargaining agree-
ment, the said officer against whom disciplinary
action is recommended pursuant to section 42-69
may request a hearing before the departmental
disciplinary review board, which will make advi-
sory determinations and nonbinding recommen-
dations to the chief of police. The complainant and
the outreach center or police complaint center are
informed of this decision by registered mail.
(b) Chief of police. The chief of police has the
option to concur with the departmental disciplin-
ary review board's recommendation or take alter-
nate action. The officer is informed of the chiefs
decision and may choose to appeal the decision to
the civil service board. The complainant and
outreach center or police complaint center are
informed of this decision by registered mail.
(c) Civil service board. Should the officer timely
choose a civil service hearing, the civil service
board will review the case and provide its findings
and recommendations to the city manager. The
complainant and outreach center or police com-
plaint center are informed of this decision by
registered mail.
(d) City manager. The city manager shall re-
view the case and make a decision thereon. The
city manager may decide to accept the recommen-
dation of the civil service board or take alternate
action. The complainant and outreach center or
police complaint center are informed of this deci-
sion by registered mail.
(Ord. No. 9127, § 6(a)(viii)-4idi), 7-10-80; Code
1980, § 42-65)
Sec. 42-71. Reporting of incomplete, biased
or otherwise deficient investiga-
tion.
If, after a case is closed, an office of professional
compliance investigator is of the opinion that an
investigation is incomplete, biased, or otherwise
deficient, he or she shall report his or her opinion
to the office of professional compliance director,
who will have immediate access to the chief of
police for resolution of the problems raised by
§ 42-103
such opinion. If the office of professional compli-
ance director is not satisfied with the resolution of
the problems at this level, he or she shall bring
the matter to the attention of the city manager to
resolve such problems.
(Ord. No. 9127, § 5(c), 7-10-80; Ord. No. 10071, §
7, 1-23-86; Ord. No. 10659, § 4, 10-12-89; Code
1980, § 42-66)
Sec. 42-72. (Discussion of investigations with
community groups.
The office of professional compliance and rep-
resentatives of the police department designated
by the chief of police shall make themselves
available to discuss investigations hereunder of
alleged police abuse or shooting incidents with
community groups.
(Ord. No. 9127, § 6(aXxiii), 7-10-80; Code 1980, §
42-67)
Secs. 42-73-42-100. Reserved.
ARTICLE IV. TOWING OF MOTOR
VEHICLES*
Sec. 42-101. Authority.
The provisions of this article are enacted pur-
suant to the statutory power of the city to estab-
lish and enforce business regulations necessary
for the protection of the public and pursuant to
F.S. § 715.07(2)(b).
(Ord. No. 9762, § 1(1), 12-8-83; Code 1980, §
42-71)
Sec. 42-102. Short title.
This article shall be known and may be cited as
the "towing company licensing and regulating
ordinance of the City of Miami."
(Ord. No. 9762, § 1(2), 12-8-83; Code 1980, §
42-72)
Sec. 42-103. Purpose.
(a) It is hereby declared that, in order to pro-
vide for and safeguard the life, health, safety,
property and welfare of the people, the licensure
'City Code cross reference --Licenses, ch. 31.
County Code cross reference —Towing, § 30-461 et seq.
CD42:9 11858
§ 42-103 MIAMI CODE
and regulation of business enterprises engaged in
the practice of recovering, towing, removing and
storing of motor vehicles are matters affecting the
public interest; and any person desiring to con-
duct such a business enterprise shall be required
to obtain a regulatory .license and obey the regu-
lations as hereinafter provided.
(b) The purpose of this article is to provide a
uniform system for the licensure and regulation
of business enterprises which are engaged in or
which intend to engage in the practice of recover-
ing, towing, removing, and storing of motor vehi-
cles which are parked on private property without
the permission of the owner of the private prop-
erty.
(Ord. No. 9762, § 1(3), 12-8-83; Code 1980, §
42-73)
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 pursu-
ant to this article.
Business enterprise means a unit of economic
organization or activity in the form of an individ-
ual natural person, sole proprietorship, corpora-
tion, partnership,.organization, joint venture, trust,
foundation, firm, group, society, association or
any combination thereof whose systemic purpose-
ful activity is the recovering, towing, removing
and storing of parked vehicles from private real
property at the, express instruction of the owners
of such real property. However, "business enter-
prise" shall not mean nor include in its meaning
the "property owner."
Express instruction means a clear, definite and
explicit written request by a property owner or
agent to a business enterprise relating to a spe-
cific vehicle which calls for the removal of a
specific and individual vehicle parked without
permission of the property owner. Such agent
shall not be an officer or employee of the business
enterprise (as defined herein). The term "express
instruction" shall not mean a general request
unrelated to a specific and individual vehicle or
which precedes in time the actual parking of a
vehicle.
License means that certificate or document it-
self which permits a business enterprise to en-
gage in the activity of recovering, towing, remov-
ing and storing of parked vehicles from private
real property .at the express instruction of the
owners of such real property. As used in . this
article, "license" shall not mean a municipal or
county occupational license., -
Parked - means the state of a vehicle being
temporarily .left and unattended by its owner or
operator.
Property owner means that person who exer-
cises dominion and control over private real prop-
erty, including but not limited to, the legal title-
holder, lessee, designated representative 'of a
, , condominium association or any person autho-
,.xized to exercise or share dominion and control
-over private real property. However, "property
owner" shall not mean nor be included in the term
"business enterprise."
Recover means totake possession of a vehicle
and its contents and to exercise control and su-
pervision over the vehicle:
Regulation means a rule set forth within this
article made applicable„to business enterprises.
The disobedience of a regulation shall be suffi-
cient grounds for revocation of a license.
Removing means the act of changing by tow the
location of a parked vehicle from its location on
private property to the, storage site of the business
enterprise.
Revenue collection division means the treasury
management division of the finance department
or its successor which is responsible for issuing
licenses and collecting license fees.
Revoke means the action of the city manager
whereby. a license is annulled and made void.
Storing means to place and to leave a towed
vehicle at a site where the business enterprise
exercises control and supervisionover the vehicle.
CD42:10
M
POLICE
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, re-
moval of linkage on the transmission, securing of
steering wheel or any other labor required or
necessary to complete the removal of the vehicle.
Vehicle means a mobile item which normally
uses wheels.
Wrecker class means the type of towing appa-
ratus to be used to tow vehicles. The wrecker
classes have minimum ratings and are as follows:
(1) Class Atow truck or car carrier minimum
ratings:
(a) Gross vehicle weight ratings, 10,000
pounds.
(b) Boom capacity, 8,000 pounds.
(c) Winching capacity, 8,000 pounds.
(d) Cable size and length, three -eighths -
inch by 100 feet
(e) Under -reach retracted rating, 3,500
pounds.
(f) Under -reach extended ratings, 2,000
pounds.
(g) Tow sling safe lift rating, 3,500
pounds.
(h) Safety chains (two each), three -
eighths -inch high test.
(i) Cab to axle dimension, fifty -six -
inches.
(2) Class B tow truck or car carrier minimum
ratings:
(a)
Gross vehicle weight ratings, 18,000
pounds.
(b)
Boom capacity, 6,000 pounds.
(c)
Winching capacity, 16,000 pounds.
(d)
Cable size and length, one -half -inch
by 200 feet
(e)
Under -reach retracted rating, 6,000
pounds.
(f)
Under -reach extended ratings, 4,000
pounds.
§ 42-107
(g) 7bw sling safe lift rating, 8,500
pounds.
(h)
Safety chains (two each), five -six-
teenths -inch alloy.
(i)
Cab to axle dimension, eighty -four -
inches.
(3) Class C tow truck or car carrier minimum
ratings:
(a)
Gross vehicle weight ratings, 30,000
pounds.
(b)
Boom capacity, 50,000 pounds.
(c)
Winching capacity, 50,000 pounds.
(d)
Cable size and length, five -eighths -
inch by 200 feet
(e)
Under -reach retracted rating, 25,000
pounds.
M
Under -reach extended ratings, 12,000
pounds.
(g)
lbw sling safe lift rating, 12,000
pounds.
(h)
Safety chains (two each), one -half -
inch alloy.
(i)
Cab to axle dimension, one hundred
forty -four -inches.
(4) Class D tow truck or car carrier minimum
ratings:
(a)
Gross vehicle weight ratings, 52,000
pounds.
(b)
Boom capacity, 70,000 pounds.
(c)
Winching capacity, 50,000 pounds.
(d)
Cable size and length, five -eighths -
inch by 200 feet
(e)
Under -reach retracted rating, 45,000
pounds.
(f)
Under -reach extended ratings,15,000
pounds.
(g)
,1bw sling safe lift rating, 12,000
pounds.
(h)
Safety chains (two each), one -half -
inch alloy.
(i)
Cab to axle dimension, one hundred
eighty feet.
(Ord. No. 9762, § 1(4), 12-8-83; Ord. No. 10537, §
1, 1-12-89;
Ord. No. 10564, § 1, 3-23-89; Code
1980, § 42-74; Ord. No..11382, § 2, 7-25-96)
Supp. No. 1 CD42:11 11858
¢ 42-105 MIAM CODE
Sec. 42-105,. License required-, prohibition.
(a) No business enterprise shall engage in the
business of recovering, towing, removing and stor-
ing of motor vehicles which are parked on private
real property and parked without the permission
of the owner of the private real property unless
such business enterprise shall first apply for and
obtain, and subsequently maintain in unrevoked
status, a license.
(b) The requirement for a license hereinabove
described is a requirement separate and apart
from and in addition to any county or municipal
requirements for occupational licenses. The re-
quired license is a regulatory license and not a
revenue license.
(c) Nothing herein shall be construed to mean
that a natural person cannot work in or for such
business enterprises without such license. There
is no, requirement that employees or agents of
such business enterprises -apply for and obtain
the license provided for by this article. The prac-
tice of a business enterprise to consider persons
as independent contractors or employees shallnot
_be construed to permit avoidance of the require-
ment that the business enterprise itself apply for,
obtain, and maintain a license.
(Ord. No. 9762, § 1(5), 12-8-83; Code 1980, §
42-75)
Sec. 42-106. Nature of and issuance of li-
cense and renewal.
(a) Alicease issued or renewed pursuant to the
provisions of this article shall not be transferable
from one business ' enterprise to another business
,,enterprise. All licenses shallexpire on September
30 of each year following the date of original
issuance. Licenses shall be renewable annually.
(b) Licenses shall be issued in the name of the
business enterprise. meeting the standards and
requirements for licensure.
(c) A business enterprise which has met the
standards and requirements for licensure and
which is otherwise qualified for licensure may be
issued a license.
(d) The revenue collection division shall issue
a license conditioned upon an indication of ap-
proval of the application by the chief of police and
upon collection of license fees by the, revenue
collection division.
(e) Each business enterprise shall be charged
$250.00 annually as a license fee:
(Ord. No. 9762, § 1(6), 12-8-83; Ord. No.,,10537, §
2, 1-12-89; Code 1980; § 42-76)
Sec. 42-107. Licensure procedure for busi-
ness enterprises.
W' Application. All business enterprises -desir-
ing to obtain an initial license or renew a previ-
ously issued and unrevoked license shall submit
an application in writing to the revenue collection
division on all prescribed forms. The application
and all supporting documents shall be retained by
the revenue collection division. All applications
shall include:
(1) Name of the business enterprise:
(2) If the business enterprise is a corporation, .
the name, date and state under whose
laws such corporation was organized, and
if a foreign (out-of-state) corporation,,
whether authorized to do business in the
State of Florida, the fictitious name under
which the corporation may be doing busi-
ness, the names of the principal officers,
directors, resident agent and local repre-
sentatives, and their business addresses.
(3) . If the business enterprise is a partner-
ship, the fictitious name under which the
Partnership may be doing business, the
name, business address of each partner.
(4) If the business enterprise is a sole propri-
etorship, the fictitious name under which
the sole proprietorship may be doing busi-
_ness, the name, business address of the
natural person who owns, controls or di-
rects the sole proprietorship.
(5) The signature of the president or vice-
president of the applicant corporation, or
the signature of a partner of the applicant
partnership, or the signature of the natu-
ral person who owns, controls or directs
the applicant sole proprietorship.
Supp. No., I CD42:12
11858
POLICE
(6) Such other information and data as the
chief of police may consider appropriate.
(b) Standards for issuance of license. The chief
of police shall approve the application for issu-
ance or renewal of a license hereunder where he
finds:
(1) That the application has been fully com-
pleted and submitted;
(2) That the initial application or renewal
application fee has been paid;
(3) That the application has been fully exam-
ined and considered by the police depart-
ment;
(4) That the applicant business enterprise, if
a corporation does not have as an officer
or director a person who is or was an
officer, director, partner or sole proprietor
of a business enterprise which has a cur-
rently suspended license or has had its
license revoked by action of the city man-
ager as of the date of application;
(b) That the applicant business enterprise, if
a partnership, does not have as a partner,
a person who is or was an officer, director,
partner or sole proprietor of a business
enterprise which has a currently sus-
pended license or has had its license re-
voked by action of the city manager within
five years of the date of application;
(6) That the applicant business enterprise, if
a sole proprietorship, does not have as the
sole proprietor, a person who is or was an
officer, director, partner or sole proprietor
of a business enterprise which has a cur-
rently suspended license or has had its
license revoked by the city manager within
five years of the date of application; and
(7) That a license of the applicant is not
currently under suspension.
(Ord. No. 9762, § 1(7), 12-8-83; Code 1980, §
42-77)
Sec. 42-108. License revocation and regula-
tions.
(a) Revocation. On its own motion or the writ-
ten complaint of any person, the police depart- .
§ 42-108
ment may investigate the action of a business
enterprise licensed under this article and cause to
be conducted a proceeding before the city man-
ager, or his designated representative, to consider
whether or not to revoke or suspend a license.
Such license revocation or suspension proceeding
shall be conducted substantially in accordance
with the hearing provisions of the city Code. A
finding of fact by the city manager, or his desig-
nee, that a licensed business enterprise has not
complied with a regulation as hereinafter set
forth shall be sufficient but not exclusive grounds
for the city manager to revoke or suspend the
license of a business enterprise. Revocation or
suspension proceedings may be initiated on the
basis of a recommendation from the towing re-
view board, a body formed as a result of the city's
cooperative effort with members of the towing
industry engaged in removing vehicles from pub-
lic property.
,(b) Regulations. No business enterprise li-
censed under this article shall:
(1) Recover or tow a vehicle unless the busi-
ness enterprise's tow truck or other vehi-
cle used in towing shall clearly display, on
the front of the tow truck or car carrier
body, the towing license number in letters
at least three inches high, and on the
driver and passenger sides of the vehicle
and/or doors, the licensee's name, in let-
ters at least three inches high; and in
letters at least one inch high, the licensee's
principal address and telephone number;
or
(2) Recover or tow or remove or store a vehi-
cle unless the business enterprise shall
file and keep on record with the city clerk
and the police department a complete
copy of the current rates charged for tow-
ing and storage of vehicles and copies of
all written contracts or agreements be-
tween the business enterprise and prop-
erty owners which relate to the towing
and removal of vehicles;
(3) Pay or rebate money, or solicit or offer the
payment or rebate of money, or other
valuable consideration, to property own-
ers from which vehicles may be towed or
removed;
5upp. No. 1 CD42:13
$ 42-108 MUMI CODE
(4) a. Recover or tow or remove or store a
contract between the prop -
vehicle unless notice is posted fulfill-
erty owner and business
ing the following requirements:
enterprise for, the, towing
1. Notice, in the form of a sign
of vehicles;
structure, shall be prominently
,v In not less than one -inch -
placed at each driveway, access
high, light -reflective let -
or curb cut allowing vehicular
tens on a contrasting back -
access to the property, within
ground, an address or
five feet from the public right-
description of the location
of -way line. If there are no curbs
of the storage site; and
or access barriers, signs shall
3. The sign structure displaying
be posted not less than one sign
the required notices shall be
for each 25 feet of lot frontage;
permanently installed with the
2. The notice shall clearly display:
bottom of the sign not less than
i. In not less than two-inch-
four feet above ground level and
high, light -reflective let-
shall be continuously main-
ters on a contrastingback-
tained on the property for not
ground, that unauthorized
fewer than 24 hours before the
vehicles will be towed away
towing or removal of vehicles;
at the owner's expense;
b. The posting of notice requirements
ii. In not'less than four -inch-
of subsection (b)(4)a above shall not
high, light -reflective let-
be required where:
ters on a contrasting back-
1. 'The private property on which
ground, the words "tow-
a vehicle is parked is property
away zone";
appurtenant to and obviously a
iii. In not less than two-inch-
part of single-family type resi-
high, light -reflective let-
dences-
'
ters on a contrasting back- .
ground, the .days of the
2. Notice is personally given to
week and hours of the day
the owner or operator of the
during which vehicles will
vehicle that the .private prop -
be towed away at the
erty on which the vehicle is or
- owner's expense where the
will be parked is reserved or
property owner or busi-
otherwise not available for un-
ness enterprise selectively
authorized vehicles and the ve-
causes the towing of vehi-
hicle is subject to being re-
cles dependent on the day
moved at the owner's expense;
of the week and hour of (5)
Recover or tow or remove or store a vehi-
the day the vehicle is
cle except upon the express instruction
parked and if not on a
and written authorization demonstrating
24-hour-a-day continuous
a signature of the property owner or agent
basis;
to the business enterprise requesting the
iv. In not less than two-inch-
tow or removal. Such agent shall not be
high, light -reflective let-
an officer or employee of the business
ters on -a contrasting back-
enterprise (as defined herein). No such
ground, the name ' and
instruction shall be considered to have
telephone number of the
been given by the mere posting of the
towing business enterprise,
notice requirement of subsection (bX4)a of .
if there exists a written
this section. No such instruction shall be
Supp. No:'l CD42:14
11858
is
§ 42-108
MIAMI CODE
(13) Use physical force or violence, or threat of
physical force or violence, in dealing with
persons who have had or are about to
have their vehicles recovered or towed or
removed or stored; or
(14) Connect a vehicle to the towing or re-
moval apparatus unless the yellow flash-
ing light on the tow truck is in use as the
vehicle is being connected.
(Ord. No. 9762, § 1(8); 12-8-83; Ord. No. 10537, §
3, 1-12-89; Ord: No. 10564, § 1, 3-23-89; Code
1980, § 42-78; Ord. No. 11382, § 2, 7-25-96)
Sec. 42-109. Penalties.
(a) Violations of the prohibitions and regula-
tions of this article shall additionally constitute
offenses and violations of a city ordinance. Such
violations shall be prosecuted in the county court
by the prosecuting attorney thereof and upon
conviction shall be punished by a fine not to
exceed $500.00 for the first violation; a fine not to
exceed $1,000.00 for the second violation; by a
fine not to exceed $1,000.00 or by imprisonment
in the county jail not to exceed 60 days or by both
a fine and imprisonment for each successive vio-
lation.
(b) 'Any person who charges a vehicle owner a
towing or storage charge in excess of the rate
described herein is liable to the vehicle owner for
three times the amount charged.
(c) Any owner or agent of the business enter-
prise in possession of any private property caus-
ing the removal of a vehicle parked on that
property is liable to the vehicle owner for double
the storage or towing charges whenever the owner
or agent fails to comply with the regulations as
set forth in section 42-108(b).
(d) Violations of the regulation or prohibition
of this article shall result in suspension or revo-
cation of the license of the business enterprise as
set forth in section 42-108(a).
(Ord. No. 9762, § 1(9), 12-8-83; Ord. No. 10537, §
4, 1-12-89; Ord. No. 10564, § 1, 3-23-89; Code
1980, § 42-79)
Sec. 42-110. Maximum towing and storage
rates.
(a) Towing rates per wrecker class. Towing rates
set forth in this article shall be posted in easily
readable form at the customer's point of payment.
The following rates are the maximum allowable
for towing vehicles from private property. The
applicable rates shall depend upon the require-
ments of the towed vehicle, rather than the actual
wrecker class utilized. Base rates shall include
hookup, unlocking door, if necessary, and towing.
(1)
Class A.
a. Base rate .............
$ 65.00
i. Towing agency ...
50.00
ii. City administra-
tive charge ...
15.00
(2)
Class B:
a. Base rate .............
75.00
i. Towing agency ...
60.00
ii. City administra-
tive charge ......
15.00
(3)
Class C:
a. Base rate .............
100.00
i. Towing agency ...
85.00 .
U. City administra-
tive charge ......
15.00
(4)
Class D:
a. Base rate...... .....
125.00
i. Towing agency ...
110.00
ii. City administra-
tive charge ......
15.00
(5)
Towing agency administra-
tive services:
(a) Basic rate after first 24
hours .................
10.00
This administrative service is not an
automatic "add -on" but only when
required to comply with F.S. §§ 715.05
and 713.78, and may be imposed by
the towing agency for administra-
tive services. This charge refers to
and includes verification of public
V.I.N.; search of vehicle ownership
information; preparation and process-
ing of paperwork; owner/lienholder
information search; preparation and
mailing of the first notification letter
to owner.
Supp. No. 1 CD42:16 11858
E,
POLICE
considered to have been given by virtue of
the mere terms of any contract or agree-
ment between a business enterprise and a
property owner. No such instruction shall
be considered to have been given where
the instruction occurs in advance of the
actual unauthorized parking of the vehi-
cle. No such instruction shall be consid-
ered to have been given where the instruc-
tion is general in nature and unrelated to
specific, individual and identifiable vehi-
cles which are already unauthorizedly
parked;
(6) Tbw or remove or store a vehicle where
the registered owner or other legally au-
thorized person in control of the vehicle
arrives at the scene of potential towing
prior to towing or removal, except where:
a. The registered owner or other le-
gally authorized person in control of
the vehicle refuses to remove the
vehicle;
b. The vehicle is connected to the tow-
ing or removal apparatus and the
registered owner or other person in
control of the vehicle refuses to pay a
reasonable service fee of not more
than one-half of the posted rate for
such towing service as required by
this article;
(7) Tbw or remove a vehicle where there is a
natural person occupying the vehicle;
(8) Recover or tow or remove or store a vehi-
cle unless the business enterprise shall,
within 30 minutes of the completion of the
removal, notify the municipal police de-
partment or, in an unincorporated area,
notify the sheriff, of the recovery, towing
and removal, the storage site, the time
the vehicle was towed or removed, and
the make, model, color, and license plate
number of the vehicle; and, shall obtain
the name of the person of the law enforce-
ment department to whom such informa-
tion was reported and indicate that name
on a trip record together with an indica-
tion of the date and time of the day in
hours and minutes that the vehicle was
removed;
§ 42-108
(9) Recover or tow or remove or store a vehi-
cle unless the business enterprise shall
maintain trip records relating to the pre-
vious calendar year. The trip records shall
legibly indicate at a minimum:
a. The name of the business enterprise;
b. The date and times of the day in
hours and minutes when a specific
vehicle was recovered, towed, re-
moved and stored;
C. The make, model, color, and license
plate number of the specific vehicle;
d. The precise address or description of
the location from which the specific
vehicle was removed;
e. The full name of the property owner
who expressly instructed the re-
moval of the specific vehicle;
f. The precise address or description of
the location of the storage site of the
business enterprise to which the spe-
cific vehicle was removed and stored;
(10) Recover or tow or remove or store a vehi-
cle unless the vehicle shall be towed di-
rectly to the business enterprise's storage
site and the vehicle shall not be kept in
any temporary holding area;
(11) Store or impound a towed vehicle at a
distance that exceeds a ten -mile radius of
the location from which the vehicle was
recovered, towed and removed; however,
notwithstanding the foregoing, where there
is no business enterprise licensed under
this article that is located within a ten -
mile radius of the location from which the
vehicle might be recovered, towed, and
removed, then in that event, no business
enterprise licensed under this article shall
store or impound a towed vehicle at a
distance that exceeds a 20-mile radius of
the location from which the vehicle was
recovered, towed, and removed;
(12) Recover or tow or remove or store a vehi-
cle unless the business enterprise shall
permit the registered owner to enter onto
the storage site and remove and take into
his possession and carry away whatever
goods, chattels, things, and documents
are contained within the stored vehicle;
Supp. No. 1 CD42:15 - 11858
POLICE
b. All actual fees imposed by a state for
obtaining pertinent ownership infor-
mation and actual postage fees will
be in addition to a. above.
The actual fee required by local tag
agencies of computer service access
time may be added to the above
charges, but shall not exceed $2.00
per vehicle. Fees required by out of
state governmental agencies may be
added to the above charges. Towing
agencies will be required to justify
the additional charges. All mailing
to owners, lienholders, and govern-
mental agencies (for ownership/
penholder information request), will
be done by certified mail. This ad-
ministrative service charge will not
be imposed by the towing agency
during the first 24 hours of impound-
ment. Failure to comply with the
owner/lienholder notification provi-
sions, as required by F.S. §§ 715.05
and 713.78, shall void any and all
claims of storage charges by the tow-
ing agency for the impound vehicle.
(6) There will be no other fees of any kind for
the release of a vehicle to its owner after
towing.
The city shall send a monthly invoice to the
business enterprise for payment of the city's ad-
ministrative charges. The administrative charges
are due and payable upon receipt of such invoice.
Failure to remit payment of the administrative
charges within 15 days of the receipt of the
invoice shall result in an additional charge of
$500.00. Continued failure to pay the charges
after 30 days of receipt of the invoice will result in
the suspension of the license and the city may
seek additional recourse from the business enter-
prise as set forth in section 42-109.
(b) Storage rates. Daily rates for vehicle stor-
age are based on a time period of 24 hours. The
initial six hours of storage shall be without charge.
Thereafter, the daily rate shall apply, according to
type of vehicle stored. With respect to stolen
motor vehicles, the below daily charges shall not
commence until either: (a) 24 hours after the
§ 42-120
owner of said vehicle has been personally notified
that the vehicle is impounded and the location of
its impoundment; or (b) seven days after notice of
such impoundment and location has been sent via
regular mail and via certified mail, return receipt
requested, to the address of the owner as reflected
on the registration or title records of the state
agency having custody of such records, whichever
occurs earlier.
(1) Any vehicle, first six hours . No charge
(2) Motorcycles, daily rate ..... $ 4.00
(3) Passenger vehicles, daily rate
(up to and including V2-ton
truck) ..................... 12.00
(4) Large vehicles, daily rate, in-
cluding trucks over i/2 ton,
boats one charge (with or
without trailer), trailers, etc. 12.00
(Ord. No. 10537, § 5, 1-12-89; Ord. No. 10564, § 1,
3-23-89; Code 1980, § 42-80; Ord. No. 11382, § 2,
7-25-96; Ord. No. 11426, § 2, 12-12-96)
Sec. 42-111. Method of payment.
Persons operating or in charge of any storage
facility where vehicles are stored pursuant to this
article shall accept a valid bank credit card or
cash for payment of towing and storage by a
registered owner or the owner's agent claiming
the vehicle. In addition, persons operating or in
charge of the storage facility shall have sufficient
moneys on the premises to accommodate and
make change in, a reasonable monetary transac-
tion.
(Ord. No. 10537, § 6, 1-12-89; Code 1980, § 42-81)
Secs. 42-112-42-119. Reserved.
ARTICLE V. VEHICLE IMPOUNDMENT
Sec. 42-120. Definitions.
For the purpose of this article, the following
words and phrases shall have the meanings re-
spectively ascribed to them by this section:
Commercial purpose. The words "commercial
purpose" shall mean for the purpose of economic
gain.
Supp. No. 5 CD42:17 - 11858
§ 42-120 , MIAMI CODE
Commercial vehicle. The words "commercial Sec. 42-121. Impoundment . of motor vehi-
vehicle" shall mean a _ vehicle that is owned or Iles, controlled substances, pros
used by a business corporation, association, part- titution, and illegal dumping of
nership or sole proprietorship or any other entity waste.
conducting business for a commercial purpose.
(a) A motor vehicle shall be subject to seizure
Dump. The word "dump" shall mean to dump, and impoundment whenever. a police officer has
throw, discard, place, deposit, or dispose of. probable cause to believe that the vehicle:
Hazardous waste. The words "hazardous waste"
shall mean solid waste, or a combination of solid
waste, which because of its quantity, concentra-
tion, or physical, chemical, or infectious charac-
teristics, may cause, or significantly contribute to
an increase in mortality or an increase in serious
irreversible or incapacitating reversible illness or
may pose a substantial present or potential haz-
ard to human health or the environment when
improperly transported, disposed of, stored, .treated,
or otherwise managed. ..
Litter. The word "litter" shall mean any g, -
bage, rubbish, trash, refuse, can, bottle, box,
container, paper, tobacco products, tire, appli-
ance, mechanical equipment or part, building or
construction material, tool, machinery, wood, mo-
tor vehicle or motor vehicle part, vessel, farm
machinery or equipment, sludge from a waste
treatment facility, water supply treatment plant,
or air pollution control facility, or substance in
any form resulting from domestic, industrial, com-
mercial,. mining agricultural, or governmental
operations.
Motor vehicle. The words "motor vehicle" shall
mean an automobile, motorcycle, truck, trailer,
semitrailer, truck, tractor, or semitrailer combi-
nation or any other vehicle that is powered by a
motor.
Person. The word "person" shall mean any
individual, firm, sole proprietorship, partnership,
corporation or unincorporated associations.
Vessel. The word "vessel" shall mean a boat;
barge, or airboat or any other vehicle used for
transportation on water.
(Ord. No. 11700, § 2, 9-28-98)
" (1) Contains any controlled substances or can-
nabis as defined in Chapter 893, Florida
Statutes;
(2) Was used in the purchase, attempt to
purchase, sale, or attempt to sell such
controlled substances or cannabis;
(3) Was used to facilitate the commission of
any act of prostitution, assignation or
: 'lewdness as defined in F.S. § 796.07; or
(4) Was used to dump litter in any manner as
-prohibited in F.S. § 403.413(4) (1997), in
an amount exceeding 15 pounds in weight
or 27 cubic feet in volume, but not exceed-
ing 500 pounds in weight or 100 cubiafeet
in volume and not for commercial pur-
poses; or
(5) Was used to dump litter as prohibited in
F.S. § 403.413(4) (1997) in an amount
exceeding 500 pounds in weight or 100
cubic feet in volume or in any quantity for
commercial purposes, or dumps litter which
is hazardous waste.
'(b) Upon seizing the motor vehicle, the police
officer shall:
(1)_ Provide for the towing of the vehicle pur-
suant to the city rotational wrecker sys-
tem and all applicable towing procedures;
and
'(2) Notify in writing the person determined
to be the owner of the vehicle and any
person who is found to be in control of the
vehicle at the time of the seizure of the
fact of the, seizure. and impoundment of
the vehicles, as well as the right to re-
quest a preliminary hearing pursuant to
section 42-122 or to pay as follows:
$1,000.00 administrative civil penalty, plus
towing and storage costs for impounded
Supp. No.cS . _ CD42:18
• •
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Mayor and Members of the
FROM: Alejandro Vilarello,
DATE: October 18, 1999
RE: Proposed Seco e
Immobilizatio Boi
(First Reading-Octo
frdinance-City Commission Meeting -October 26, 1999
irdinance [J-99-589]
1999 City Commission Meeting)
At the October 12, 1999 City Commission meeting, the City Commission was presented
with a proposed emergency ordinance to establish regulations, procedures and penalties for the
immobilization (booting) of vehicles parked on private property without permission or authority.
After lengthy discussion, the City Commission passed said Ordinance as a first reading
ordinance rather than as an emergency ordinance, and directed that the fee to be charged for the
removal of the immobilization device by the immobilization contractor be set at the rate of
$65.00 ($55.00 costs for the contractor and $10.00 administrative costs to be paid to the City by
the contractor), which is the maximum rate permitted pursuant to the Miami -Dade County Code.
The attached proposed ordinance is therefore presented to you for consideration as a
second reading ordinance. Section 2 of said ordinance has been modified to reflect the required
$65.00 fee as directed by the City Commission and will be incorporated into
Section 42-117(1)(c) of the City Code (see Page 5 of the draft ordinance) upon adoption of the
ordinance.
W349a/BSS
Attachment
cc: Donald H. Warshaw, City Manager
Walter J. Foeman, City Clerk
Elvi Alonso, Agenda Coordinator
i •
Contractual Towers for the City of Miami
It is understandable that the City of Miami has been in financial difficulties and
is striving to recover. The contracted towing services have assisted and will
continue to assist the City of Miami into the future. At the same time we
request that the City of Miami recognize that the contracted towing services
also face the same difficulties and rely on the City of Miami for the same
considerations.
The rate of inflation (using the Employee Cost Index) for the last seven years,
(1992 through. 1998), encompassing the last two contractual periods has been
1.203 equating to a 20% increase in. This would bring the original contracted
tow rate of $ 60.00, to a tow rate of $ 72.18.
Considering the $ 8.00 contract increase proposed for the new contractual
period of three years with two additional year options and the additional $ 2.00
increase for towing the City of Miami vehicles, this will still put the towing
services below the currant rate of inflation and without a reasonable profit
return.
Included supporting documentation that the. City of Miami is at the low end of
the State of Florida tow rates.
Please also consider that the tow rate for City of Miami Police cars at this time
($ 14.00) was put into existence, because one company was asked to assist the
City of Miami Police Department and to keep cost down. This was due to the
City of Miami Motor Pool inability to handle the towing of City Vehicles and
would only be for a short period of time. A reasonable proposal never came
about, the tow rate was increased to $ 17.00, and the towing services were
required to voluntarily tow the City Vehicles by the City of Miami Police
Towing Contract. = `�
> .�
If you would also consider that the cost of property, maintenance andpr rtrn
�Y.
taxes has keep up with the rate of inflation. The storage rate h;&�m.ot tbeetIn
increased for the last two contractual periods, and there is no coniati oft
an increase .in the currant proposal.
>
Z 'j
11858
0
Florida Municipalities' Basic Tow Rats
Altamonte Springs
100
Bay County
35 Non -contracted
Broward County
60
Dade County
65
Dayton
85
Escambia County
65
Ft. Walton Beach
75
Hillsborough County
75
Homestead
50
Key West
65
Lakeland
85
Leon County
75
Marion County
85
Miami
60
Miami Beach
90
Monroe County
85
Ocala
85
Okaloosa County
75
Orange County
75
Orlando
75
Palm Beach County
100
Panama City
45 Non -contracted
Pensacola
65
Polk County
85
Pompano Beach
78
Sarasota
85
Sarasota County
23 Non -contracted
Seminole County
100
Tallahasse
75
Tampa
75
Volusia County
65
Cities and Counties with rates under $ 60.00
Cities and Counties with rates at $ 60.00
Cities and Counties with rates over $ 60.00
11858
.7
0
V 1 /V
13%
El Municipalities under
$60.00
® Municipalities at
$60.00
❑ Municipalities over
$60.00
Cost Models - ECI Inflation Calculator Page 1 of 1
Employment Cost Index (ECI)
COSt:Al
60.0 0
From: 1992 + calendar year
-A
To:]111993.' calendar year
Inflation Index: 1.036
% Change:
3.6
- --... --------
Inflated Cost:
62.16000000�
Source: Employment Cost Index (ECI), total compensation, civilian, all workers not seasonally
adjusted, as published by the U.S. Department of Labor, Bureau of Labor Statistics..
http://www.jsc.nasa.gov/bu2/inflation/eci/inflateECI.htrffl 10/21 / 1999
11858
Cost Models - ECI Inflation Calcitor Page 1 of 1
0
Employment Cost Index (ECI)
COSt:
62 . 16
_
1- ..___..__.._._....-._.- ......
From: 1993 s' ]calendar
—11
year
To:- - ] F 74 ;" calendar year
Inflation Index: 1.031
Change:
Inflated=Cost-64.0869599°,
�. Recal'c
Source: Employment Cost Index (ECI), total compensation, civilian, all workers, not seasonally
adjusted as published by the U.S. Department of Labor. Bureau of Labor Statistics..
http://wwwjsc.nasa.gov/bu2/inflation/eci/inflateECI.htrffl 10/21 / 1999
11858
Cost Models - ECI Inflation Calculator Page 1 of 1
is 0
Employment Cost Index (ECI)
Cost:
64. 0 8
__...._ _.......... .
From: 1994 calendar year
To: 1995 Tx calendar year
Inflation Index: f. 029
Change:
2 9
Inflated Cost:
65. 93831995
Source: Employment Cost Index (ECI), total compensation, civilian, all workers, not seasonally
adjusted, as published by the U.S. Department of Labor, Bureau of Labor Statistics..
http://wwwjsc.nasa.gov/bu2/inflation/eci/inflateECI.html nasa.gov/bu2/inflation/eci/inflateECI.html 10/21 / 1999
Cost.ModeLs - ECI Inflation Calcitr
0 Page 1 of 1
Employment Cost Index (ECI)
Cost:
65.93
- ..._....'
From: 1995 �f calendar year
TO:
:7=�j 1996 C4a calendar year,
Inflation Index:
1.029
Change:
2.9
Infl=Cosv67.
8419771
::1
�Re`cal c;'
Source: Employment Cost Index (ECI), total compensation, civilian, all workers. not seasonally
adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics..
http://www. jsc. nasa.gov/bu2/inflation/eci/inflateECI.html 8 5 8 10/21 / 1999
Cost Models - ECI Inflation Cale lator Page 1 of 1
Employment Cost Index (ECI)
Cost:
: F7`0 calendar year
FFrorm:-
FTo-------1F97
calendar year
FIndation
1 . 0 2 9
--
F/oChan e 2 9
g
Fln=flatedCost-69. 7'�
,Recalc� .
Source: Employment Cost Index (ECI), total compensation, civilian all workers, not seasonally
adjusted, as published by the U.S. Department of Labor Bureau of Labor Statistics..
http://www.jsc.nasa.gov/but/inflation/eci/inflateECI.html 11858 10/21/1999
Cost Models - ECI Inflation Clator
0
Page I of 1
Employment Cost Index (ECI)
Cost:
69.80
From: 1997
calendar year
To: 1998
calendar year
[Inflation Index: 1. 0 3 4
- .. -.
Change:
3.4
Inflated Cost:
�z • 1732 i
��Recalc-��
Source: Employment Cost IndeCl ,total compensation civilian all workers not seasonally
adjusted, as published by the U.S. Department of Labor Bureau of Labor Statistics..
http://www.jsc.nasa.gov/bu2/Mation/eci/MateECI.html - 11858
18 8 10/21/1999
• CITY OF MIAM•
CITY ATTORNEYS OFF]
MEMORA?f"[JM
TO: Mayor and Members of
FROM: Alejandro Vilarello,
DATE: September 2, 1999
RE: City Commission Nee!' -September 14, 1999
Emergency Ordinancjr Amendments to City Code Chapter 42, Article IV
Immobilization (B mg) Ordinance [J-99-589]
The attached emergency ordinance has been drafted for your consideration to amend
Chapter 42, Article IV, of the Code of the City of Miami, Florida, as amended, to provide
definitions and establish. regulations, procedures and penalties for the immobilization (booting)
of vehicles parked on private property without permission or authority.
The ordinance was brought before the Commission on July 27, 1999, but was deferred
because of concerns from the industry as to the maximum rate established by the ordinance.
It is now necessary to consider the ordinance as an emergency measure because
amendments to Florida Statutes dictate that municipalities which do not enact maximum rates are
bound by the rates established by the counties where they are located. Miami -Dade County has
established a maximum rate of $65.00.
After lengthy discussions with the Miami Police Department's Enforcement Detail, a
maximum fee of $35.00 (a $25.00 immobilization fee and a $10.00 administrative fee) was
recommended and that amount is set forth in the attached ordinance.
W349/AMPBSS/amp
Attachment
cc: Donald H. Warshaw, City Manager
Walter J. Foeman, City Clerk
Elvi Alonso, Agenda Coordinator
11858
y � 0
Oot
• MEMORANDUM OnAgenda Item No_ 12 (A1 9
Honorable Chairperson and Members DATE: June 22, 1999
Board of Counry Commissioners
This substitute differs from the original in the following ways: it includes a revised cost analysis:
it reflects that the underlying invoices and other documentation related to the attached cost
analysis were reviewed by staff: and it reviews a change in state law addressing municipal rates
for towing and vehicle immobilization.
At its January 21, 1999 meeting, the Board requested an analysis and a recommendation
regarding a proposed ordinance which establishes a maximum rate for the removal of an
immobilization device. The ordinance also sets consumer safeguards and regulations governing
the practice of vehicle immobilization.
Immobilization of illegally parked vehicles on private propem, is used as an alternative to
towing. Whether a vehicle is towed or booted is the choice of the property owner whose parking
space is illegally occupied. Booting is subject to the same types of abuses that gave rise to the
regulation of the towing industry. Indeed, problems have arisen in several jurisdictions. most
notably New York City. The establishment of regulatory provisions governing booting are
recommended to curb those potential abuses.
Most jurisdictions do not regulate booting nor do they have a maximum rate established. The
Florida Association of Counties is not aware of any counties that have enacted booting
regulations or rates. Staff calls to various counties resulted only in confirmation of Broward
County's rate of $25. Florida jurisdictions identified with a booting rate of $25 (Broward and
Miami Beach) patterned their rate on New York City. New York confirmed that no cost analysis
was performed to arrive at the rate. It should be noted that no booters are operating i-n .Broward
at this time, and most booting activity has ceased in New York. Staff also confirmed that in
Montgomery County, Maryland, which established a rate of $50, no booters are operating.
Prior to the February 18, 1999, Board of County Commissioners meeting, at which time the
ordinance was deferred. staff met with booting company representatives to review and analyze
cost data. Invoices. daily activity logs, employment records, and other documents produced by
the booting company were reviewed. The attached cost analysis was provided by the booting
company pursuant to -those meetings with a cost per boot of $75.02.
4
C uotus%%wCft oadpr"oou.~tng oacx" wp
Honorable Chairperson and Members
V Board of County Commissioners
Page 2
My original report recommended a maximum rate of $65. Despite the cost per boot reflected in
the attached analysis, staff believes that the amount of time consumed per boot is flexible and has
adjusted the time downward after spending time observing the booter's daily operation. Staff
feels that this adjustment is reasonable and that $65 is a fair.rate.
In the session that just concluded, the Florida Legislature adopted HB 163, effective October 1,
1999, which states "... if a municipality chooses to enact an ordinance establishing the maximum
fees for the towing or immobilization of vehicles ... the county's ordinance shall not apply within
such -municipality." The proposed ordinance and accompanying resolution setting maximum
rates does not become effective until October 1, 1999. The rate established by the County will
apply in unincorporated areas and in any municipality that does not enact rates, but not in a
municipality that enacts its own rates.
Attachment
11858
Mzy'-14-99 03:aZP P.03
cosT. COST WORKSHEET FOR REMOVAL BOOTING DEVICE
CAT1`GORY Time Based
((.;ontinuea)
DISPATCHER
SALARY
WORKERS COMPENSATION INS.
SOCIAL SECURITY
MEDICARE
Cal ls/Logging/payments=l0minutes(1/6 hr.)
OWNER/ MANAGER/ (PER WEEK)
SALARY
WORKERS COMPENSATION INS.
SOCIAL SECURITY
MEDICARE
HEALTH INSURANCE
Supervision & Policy Making - 5 Min. (1/12 hr.)
1tAU I I cm,")
RENT - $229.00 PER MONTHS-S2,748
DIVIDED BY 2628 BOOTS PER YEAR =
ADMINISTRATIVE -
450.00
2.52
27.90
6.53
4 b. 5 i45 = 10.e2/Hr
116 x 10.82 1.80 $1.80
500.00
44-95
31.00
7.25
_ 120.00
-70 /40= 17.58/HR
1/12 x 17.58= 1.471 $1.47
DISPATCHER- SECRETARIAL & ADMIN TIME
486.95
X52
,321
$9.64
Less: time per boot Installation=
($1.80)
OWNER/ MANAGER TIME 703.20
X52
6,566
$13.91
Less: time per boot Installation=
($1.47)
ROOTERS INDIRECT TIME SPENT BETWEEN BOOTS
ROOTERS SALARY 601.33
x 3 BOOTERS x3
x52WKS
,ri t
S35.70
Less: time per boot Installation=
(S11.27)
:LEPHONE- COSTS ARE $6,300 PER YEAR DIVIDED BY 2628/YR
INSURANCE COST ARE $2,205 PER YEAR DIVIDED BY 2628/YR
TOTAL
1.05
7.64
12 44
24.42
2.40
I
3
11,858
` May-la-99 03:42P ® P_02
COST COST WORKSHEET FOR REMOVAL BOOTING DEVICE
CATEGORY TIm' a Based
A. t J S
COST OF DEVICE = $450.00
(1) NUMBER OF BOOTS PER DAY = 8
BOOTS PER YEAR = 2920
NON PAYING BOOTS PER YEAR = 10% = 292
PAYING BOOTS (2920-292 =2628)
PAYING BOOTS PER DEVICE = 2628 PAYING BOOTS/8 DEVICES=
- 329 BOOTS PER DEVICE
LIFE SPAN PER DEVICE c 5 YEARS
329 BOOTS X 5 YEAR LIFE = 1645
COST OF DEVICE/ BOOTS PER DEVICE
$450 12628 BOOTS/ SYEARS = $0.03 1 $0.03
(2) REPAIRS AVERAGE $141.66 PER YEAR PER DEVICE.
NUMBER OF DEVICES REQUIRING REPAIRS = 1
NUMBER OF BOOTS PER YEAR PER DEVICES = 329
REPAIR AND MAINTENANCE PER YEAR = 141.66.
141.66/ 329 BOOTS PER YEAR =$ 0.43 1 $0.4;:
24 HOUR COVERAGE REQUIRES 3 SHIFTS OF 8 HOURS
SALARY
400.00
WORKERS COMPENSATION INSURANCE
35.96
SOCIAL SECURITY
24.80
MEDICARE
5.80
AUTO EXPENSE = 21,900 @ $0.32 A MILE
134.77
1.
DIVIDED BY HOURS WORKED
/40
TRAVEL TO SITE
GET AUTHORIZATION
ATTACH BOOT
RFOUIRED PAPERWORK
RETURN TO SITE
DETACH BOOT
1 .
HOURS CONSUMED PER BOOTw.T5Hr AVE X.75
COST PER BOOT■ i S11.27
10
10
5
5'
10
5
TOTAL: 47MINUTES
u
4
11858
�t=y-14-99 03:43P ® P_04
coST COST WORKSHEET FOR REMOVAL BOOTING DEVICE
CATEGORY Time Based
rCOMP777MMUIPMENT
TOTAL COSTS
4, .
UNIFORWIDENTIFICATION
LICENSES DADE COUNTY =
City of Miami License -
MUNICIPALITIES =
OVER 5 YEARS COST PER BOOT
$400.00
DNIDED BY 2.628 BOOTS PER YEAR - 0.15
$90.00 DIVIDED BY 2.628
$94.00
S330.00 BOOTS PER YEAR =
Total S514.00 0.20
DIVIDED BY 2,628
SUPPLIES WARNING NOTICES $1,420.00
DIVIDED BY 2,628 BOOTS PER YEAR ■
COST PER BOOT A THRU F
Add: PROFIT 15`/.
GRAND TOTAL
0.54
$0.35
$0.89
7.1
S9.79
—=T
11058
5
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sookle Williams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF MIAMI
NOTICE OF PROPOSED ORDINANCES
ORD. AMENDING CHAPTER 2/
ARTICLE XI OF THE CODE
OF THE CITY OF MIAMI
In the ...........XXXXX ..................... Court,
wpgpuVblh�ed lryjr rjwspaper in the Issues of
Afflant further says that the said Miami Daily Business
Review is a newspaper published at Miami In said Dade
County, Florida, and that the said newspaper has heretofore
been continuously published in said Dade County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mail matter at the post
office in Miami In said Dade County, Florida, for a period of
one year jnAxt preceding the first publication of the attached
copy adv rtisement; and afflant further says that she has
nelt"r pal nor promised any person, firm or corporation
any .iscount, rebate, commission or refund for the purpose
of securing this adyertisement for publication in the said
I
5
ao .............. ... ... .D. 19......
I A� '
(SEAL) ®�P(lV V (� JAANeap., LLtRBNA
Sookle Williams o VW to rtt® 8p gUA1sMP
•c CC566004
CITY OF MIAMI, FLORIDA,
NOTICE -OF PROPOSED ORDINANCES
Notice is hereby given that the.City Commission of the City of Mi-
ami, Florida, will consider the following ordinances on second and final
reading. on No 16, 1999, commencing at 10:00 a.m.; in the City I
Commission Chambers, 3500 Pan American Drive; Miami, Florida:
ORDINANCE NO. }�
'AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING OHAPTER 42{,ARTICLE -IV, OF THE 'CODE OP"
THE CITY OF MIAPI, - ENDED, ENTITLED
"TOWING OF MOTOR VEHICLES"; TO PROVIDE.DEFINI-
TIONS AND. ESTABLISH REGULATIONS, PROCEDURES
AND PENALTIES FOR, THE IMMOBILIZATION OF VEHI-
CLES`PARKED 'ON -PRIVATE PROPERTY WITHOUT
PERMISSION OR AUTHORITY; MORE PARTICULARLY BY
RENAMING ARTICLE IV TO 'TOWING -AND IMMOBILI2A-
TION OF_MOTOR VEHICLES," BY DIVIDING SAID ARTICLE,
INTO DIVISIONS' 1, 2, AND •3; BY AMENDING SECTIONS
42-102 _ THROUGH 42-104, -AND ' BY ADDING NEW
-SECTIONS 42-116 2-1,18T SAID CODE; PROVIDING..
FOR A FrEPEALER PROVISION AND- A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
- '�-ORUINANCE NO;_ —�
AN ORDINANCE OF'THE, MIAMI','CITY COMMISSION
AMENDING ORDINANCE`NO:-"11520; TO=INCREASE-AP- i
PROPRIATIONS TO THE SPECIAL REVENUE FUND'ENTI- -
TLED, "COPS MORE 96" IN THE AMOUNT OF $340,002,
SAID :ADDITIONAL FUNDS'RECEIVED 10998 AND 1999
AS SUPPLEMENTAL GRANTS FROM THE U.S. DEPART-
MENT OF JUSTICE, FOR THE CONTINUED. OPERATION
OF -THE. "COPS MORE" 96" PROGRAM; FURTHER
AUTHORIZING THE CITY* MANAGER TO ACCEPT SAID
GRANTS, AND TO EXECUTE THE NECESSARY DOCU-
MENT(S), IN A'FORM ACCEPTABLE TO'THE'CITY AT-
TORNEY, 'FOR SAID PURPOSE; CONTAINING A RE-
PEALER PROVISION,* SEVERABILITY CLAUSE, AND .
PROVIDING FOR.AN EFFECTIVE DATE.
ORDINANCE NO.
AN -ORDINANCE OF THE MIAMI 'CITY COMMISSION
AMENDING ORDINANCE. NO:' 11167;-'AS- AMENDED,
ADOPTED-JULY 14, 1994, WHICH ESTABLISHED INITIAL
RESOURCES AND APPROPRIATIONS FOR',A SPECIAL
REVENUE FUND ENTITLED "OPERATION'C.A:R.S.," TO
INCREASE SAID APPROPRIATIONS, IN THE'AMOUNT.OF
$49,124.00, CONSISTING OF A GRANT FROM, THE STATE,
OF FLORIDA MOTOR VEHICLE THEFT -PREVENTION
AUTHORITY; AUTHORIZING THE CITY MANAGER TO AC._.
CEPT SAID GRANT, AND TO EXECUTE ALL NECESSARY
DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR SAID PURPOSE; AUTHORIZING THE
CITY MANAGER TO EXPEND MONIES TO CONTINUE THE
OPERATION OF THE PROGRAM; CONTAINING A RE-
PEALER PROVISION AND SEVERABILITY CLAUSE.
- ORDINANCE NO. - 1
AN ORDINANCE OF' THE MIAMI CITY COMMISSION ES-
TABLISHING INITIAL RESOURCES AND APPROPRIA-
TIONS FOR A -SPECIAL REVENUE 'FUND 'ENTIjED ,,(-
'TROOPS FOR COPS 99 GRANT," AUTHORIZING tmEg
CITY MANAGER TO ACCEPT. A GRANT, IN THE AN t�
OF $54,900, FROM THE U.S. DEPARTMENT OF T��
OFFICE OF 'COMMUNITY* ORIENTED POLICI
ICES (COPS),. AND TO' EXECUTE ALL .N �RY
DOCUMENTS IN A FORM ACCEPTABLE TO_T Y AT -!tip ti
TORNEY, TO ACCEPT SAID GRANT; AUTH '.THE .{
EXPENDITURES OF SAID. -GRANT. FOR O N
SAID PROGRAM; CONTAINING A REPEAL'PFZ�1/ISI Ir
AND-SEVERABILITY CLAUSE.
t
r ORDINANCE NO.' I
AN ORDINANCE OF THE MIAMI CITY COMMISSION ES-
TABLISHING _INITIAL RESOURCES AND APPROPRIA-
TIONS FOR. -A SPECIAL REVENUE FUND ENTITLED
"SCHOOL BASED PARTNERSHIPS GRANT ll," AUTHORIZ-
ING THE CITY'MANAGER TO ACCEPT A GRANT; IN THE
AMOUNT OF $207,317, FROM>THE U.S. DEPARTMENT OF
JUSTICE, OFFICE OF COMMUNITY ORIENTED POLICING
SERVICES ('COPS"), AND TO' EXECUTE,ALL NECESSARY
DOCUMENT(S) IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY,`' TO ACCEPT SAID GRANT; AUTHORIZING
THE EXPENDITURES OF SAID GRANT FOR OPERATION
-OF --SAID PROGRAM; ,CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE. =
ORDINANCE NO. '
AN ORDINANCE, OF THE'-MIAMI CITY COMMISSION i
AMENDING CHAPTER 2/ARTICLE XI OF THE CODE OF'
;THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED i
"ADMINISTRATION/BOARDS," COMMITTEES, COMMIS-
SIONS", TO REMOVE THE REQUIREMENT FOR A FOUR j
YEAR SUNSET REVIEW OF THE OCCUPATIONAL Lk i
CENSE EQUITY STUDY COMMISSION; MORE PARTICU-
LARLY BY AMENDING, SECTION- 2-892 OF SAID CODE;
CONTAINING A REPEALER PROVISION .AND A SEVER -
ABILITY CLAUSE; AND •PROVIDING FOR AN EFFECTIVE j
DATE.
Said proposed ordinancesimay be inspected by the public at the Of-
fice of the City Clerk, -3500 'Pan American Drive, Miami, Florida, Mon- {
day through Friday, excluding holidays, betweenithe hours of 8 a.m. I
and 5 p.m.
All interested persons may appear at the meeting and may be heard.I
with respect to the proposed ordinances. Should any person desire to
appeal any decision of the City Commissionwith respect to any matter
_to be considered at this meeting, that person shall ensure that. a ver-
batim record of the proceedings is made including all testimony and
evidence upon which any appeal may be based.
I �n of WALTER J. FOEMAN ' ' -
_ CITY CLERK
O Y �
(#8206) _
11 /5 _ .4 _ 99=4=11051.1.7M'
•
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that she is the
Supervisor, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF MIAMI
NOTICE OF PROPOSED ORDINANCES
OCTOBER 26, 1999
ORD.- "TOWING OF MOTOR VEHICLES"
in the ................... XXXXX.............. ............................ Court,
................
ytas ubl �d in sai99
d ne��wspaper in the issues of
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Dade
County, Florida, and that the said newspaper has heretofore
been continuously published in said Dade County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mail matter at the post
office in Miami in said Dade County, Florida, for a period of
one year next preceding the first publication of the attached
copy of.advertisement; and affiant further says that she has
neither paid nor promised any person, firm or corporation
any discou , rebate, commissi u for the purpose
of secur' g this advertise rrye f r publi tion in the said
15 / /` c�`o ier%c�se fore me4 P
A.D.19......
.............o�..
JAN lLEfiENA
(SEAL) �O C ON NUMBER,
Octelma V. Fe * rP� Ilonown EAtr S 6 0 D 4
!LZ MY OOMM SgON EXAMI
OF F\O JUNE 23,2000
E;ITV'®F MIAMI, FLORIDA
NOTICE OF PROPOSED ORDINANCES
Notice is hereby given that the City Commission of the City of Mi-
arrii, Florida, will consider the following ordinances on second and final
reading'on October 26, 1999, commencing at 10:00 a.m., in the::City.
Commission Chambers, 3500 Pan American Drive, Miami, Florida:.
ORDINANCE NO. {
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING CHAPTER 50/ARTICLE. V/DIVISION 3 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED ."SHIPS, VESSELS AND WATERWAYS/CITY
MARINAS/COMMERCIAL VESSELS"; - TO ALLOW
CURRENT SIGHTSEEING BOAT DOCKAGE AGREEMENT
HOLDERS OPERATING WITHIN THE INSIDE BASIN OF
MIAMARINA TO OPERATE A SECOND SIGHTSEEING
BOAT UNDER CERTAIN CONDITIONS; MORE
PARTICULARLY BY AMENDING SECTION 507310.;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
ORDINANCE NO.
AN ORDINANCE OF THE • MIAMI CITY COMMISSION
ACCEPTING. A GRANT FROM THE .'MIAMI-DADE
CULTURAL AFFAIRS COUNCIL FOR THE MANUEL
ARTIME PERFORMING ARTS CENTER, AND
ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED:- "ARTIME CENTER .IMPROVEMENTS"AND.
APPROPRIATING FUNDS FOR SAID PROJECT IN THE
AMOUNT :OF $145,000, AS REFLECTED IN A GRANT
AWARD AGREEMENT OFFERED TO`THE MANUEL
ARTIME PERFORMING ARTS. CENTER BY THE MIAMI
_ DADE CULTURAL AFFAIRS COUNCIL; AUTHORIZING THE,
CITY MANAGER TO`ACCEPTSAID GRANT -AWARD AND
EXECUTE THE NECESSARY,DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT
ACCEPTANCE OF SAID GRANT- CONTAINING A
REPEALER PROVISION AND A =SEVERABILITY CLAUSE,
AND PROVIDING FOR AN EFFECTIVE DATE,
ORDINANCE NO.
AN. EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION AMENDIN Q f HAPTfU A21ARTICLE _IV�F
THE CODE OF, THE CITY OF MIAMI, FLOI--I)TA, AS.
AMENDED, ENTITLED 'TOWING OF MOTOR "VEHICLES;"
TO PROVIDE DEFINITIONS AND ESTABLISH
REGULATIONS, PROCEDURES AND PENALTIES FOR
THE IMMOBILIZATION OF VEHICLES PARKED ON
PRIVATE PROPERTY WITHOUT PERMISSION OR
AUTHORITY;' MORE PARTICULARLY BY RENAMING
ARTICLE IV TO 'TOWING AND IMMOBILIZATION 'OF
MOTOR VEHICLES," BY- DIVIDING SAID ARTICLE INTO
DIVISIONS 1, 2, AND 3, BY AMENDING -SECTIONS 102
THROUGH �oND BY ADDING NEW SECTION
116 ' TO-42-118 TO SAID CODE; PROVIDING FOR A
REPEALER PROVISION AND A SEVERABILITY CLAUSE;
AND, PROVIDING FOR AN EFFECTIVE DATE; .'
ORDINANCE NO. - I
AN. ORDINANCE. OF THE MIAMI CITY COMMISSION
AMENDING CHAPTER 56:OF THE,CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED 'TAXATION,".
. , TO PROVIDE FOR AN ADDITIONAL HOMESTEAD
EXEMPTION FOR CERTAIN QUALIFYING ' SEN16R
CITIZENS TO BE APPLIED TO MILLAGE RATES LEVIED
BY THE CITY OF MIAMI; PROVIDING' FOR REQUIREMENT
�. OF _
ANNUAL APPLICATION AND SUBMISSION OF
SUPPORTING DOCUMENTATION; PROVIDING FOR
WAIVER OF EXEMPTION, AND PROVIDING FOR -AN
I ANNUAL INCREASE IN THE INCOME LIMITATION; MORE
PARTICULARLY BY ADDING NEW ARTICLE IV, ENTITLED
"HOMESTEAD EXEMPTION FOR. SENIOR CITIZENS TO
CHAPTER 56 OF SAID CODE; DIRECTING THE CITY
CLERK TO TRANSMIT A COPY OF THIS ORDINANCE TO
THE' MIAMI-DADE COUNTY PROPERTY APPRAISER
PRIOR TO DECEMBER .. 1, , 1999; . CONTAINING A
REPEALER PROVISION AND A-SEVERABILITY CLAUSE;
PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING
FOR INCLUSION IN THE CITY CODE.
ORDINANCE NO.
AN, ORDINANCE OF THE MIAMI CITY COMMISSION
{` AMENDING CHAPTER 2/ARTICLE-XI OF THE CODE OF
' THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"ADMINISTRATION/BOARDS, COMMITTEES, COMMIS-
SIONS", AND CHAPTER 22, ENTITLED "GARBAGE AND
OTHER SOLID WASTE" TO CREATE THE COMMERCIAL
I SOLID WASTE MANAGEMENT ADVISORY COMMITTEE,
SET FORTH SAID COMMITTEE'S FUNCTION AND
REQUIREMENTS FOR MEMBERSHIP, PROVIDE FOR- .
TERMS OF OFFICE, FILLING OF VACANCIES, OFFICERS,
RULES OF PROCEDURE, MEETINGS, QUORUMS, AND
ATTENDANCE REQUIREMENTS, ASSIGNMENT OF
STAFF, FILING 'OF OFFICIAL RECORDS AND THE -I
ANNUAL REPORT, AND TO PROVIDE FOR THE "SUNSET"
g REVIEW OF SAID COMMITTEE EVERY FOUR YEARS;
MORE PARTICULARLY BY AMENDING SECTION 2-892 j
AND BY ADDING NEW ARTICLE VII TO CHAPTER 22 OF
SAID, CODE, CONSISTING OF SECTIONS 22.170 j
THROUGH 22-174; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PRO-
VIDING FOR AN EFFECTIVE DATE.;
}f Said proposed ordinances may be inspected by the public at the Of- I
I fice of the City Clerk, 3500 Pan American Drive; Miami, Florida, Mon-
day through Friday, excluding holidays, between the hours of 8 a.m.1,
and 5 p.m. '
,All interested persons may appear at the meeting and may be heard
with respect to the proposed ordinances. Should any person desire to
appeal any, decision of the City Commission with respect to any matter
to be considered at this meeting; that person shall ensure that a ver-,
batim record of the proceedings is made including all testimony and
evidence upon which any appeal may be based.
WALTER J..FOEMAN -
CITY CLERK
O'O�'N,F1AQ`�
(#8201)
l 10115 _ _ 99-4-1015122M1