HomeMy WebLinkAboutO-11382J-96-101
5/23/96
ORDINANCE NO. 11 1 8 2
AN ORDINANCE AMENDING CHAPTER 42 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ESTABLISHING MAXIMUM TOWING AND STORAGE RATES
THAT MAY BE CHARGED BY BUSINESS
ESTABLISHMENTS ENGAGED IN THE PRACTICE OF
RECOVERING, TOWING, REMOVING AND STORING
MOTOR VEHICLES WHICH ARE PARKED ON PRIVATE
PROPERTY IN THE CITY OF MIAMI WITHOUT THE
PERMISSION OF THE OWNER OF THE PRIVATE
PROPERTY; MORE PARTICULARLY AMENDING SECTIONS
42-74, 42-78, 42-80; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE;
PROVIDING FOR AN EFFECTIVE DATE; AND
PROVIDING FOR INCLUSION IN THE CITY CODE.
WHEREAS, pursuant to Section 715.07, Florida Statutes, the
City of Miami is authorized to license and regulate business
enterprises engaged in the practice of recovering, towing,
removing and storing of motor vehicles from private property; and
WHEREAS, in addition to the regulations set forth in Chapter
42, Article V of the Code of the City of Miami, as amended
("Code"), the City is desirous of establishing maximum towing and
storage rates that may be charged for vehicles towed from private
property; and
WHEREAS, to offset the rising costs of those establishments
engaged in the towing of vehicles, those maximum rates may need
to be adjusted from time to time;
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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. Sections 42-74, 42-78, and 42-80 of the Code
of the City of Miami, Florida, as amended, hereby amended in the
following particulars:l/
"Sec. 42-74. Definitions.
Wrecker class means the type of towing apparatus to be
used to tow vehicles. The wrecker classes have minimum
ratings and are `_i9b4:gu4:9hca as follows:
(, ) Glass A is a -ene-ten wreeleer--.
(1) Class A Tow Truck or Car Carrier
Minimum
Ratings:
(a)
Gross vehicle weight ratings
.10
000
lbs
(b)
Boom capacity
8,000
lbs
(c)
Winching capacity
8,000
lbs
(d)
Cable size and length
3/8"
x
100'
(e)
Under -reach retracted rating
. 3,500
lbs.
(f)
Under -reach extended ratings
. 2,000
lbs.
(q)
Tow sling safe lift rating
3,500
lbs
(h)
Safety chains (2 each)
.3/8"
high test
(i)
Cab to axle dimension
.56"
-( 2) Glass B is a eneand a-zhalf wreeleer.
(2) Class B Tow Truck or Car Carrier
Minimum
Ratings:
(a)
Gross vehicle weight ratings
. 18,000
lbs
_(b)
Boom capacity
6
000
lbs
(c)
Winching capacity
16,000
lbs
(d)
Cable size and length
1/211
x
200'
(e)
Under -reach retracted rating
6,000
lbs
(f)
Under -reach extended ratings
4,000
lbs
(q)
Tow sling safe lift rating
8,500
lbs
(h)
Safety chains (2 each)
5/1611
alloy_
(i)
Cab to axle dimension
84"
1/ 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
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(3) Glass
(3) Class
G 4zs a twe and halt t wreeleer.
C Tow Truck or Car Carrier
Minimum
Ratings:
(a)
Gross vehicle weight ratings
.30
000
lbs
(b)
Boom capacity
50,000
lbs
(c)
Winching capacity
50,000
lbs
(d)
Cable size and length
5/8"
x
200'
(e)
Under -reach retracted rating
25,000
lbs
(f)
Under -reach extended ratings
12,000
lbs
(q)
Tow sling safe lift rating
.12
000
lbs
(h)
Safety chains (2 each)
1/2"
allov
(i)
Cab to axle dimension
144"
-( 4-)--Clas 9$i sa flatbeel wreeleer--
(4) Class D Tow Truck or Car Carrier
Minimum
Ratings:
(a)
Gross vehicle weight ratings
.52
000
lbs
(b)
Boom capacity
70
000
lbs
(c)
Winching capacity
50,000
lbs
(d)
Cable size and length
5/8"
x
200'
(e)
Under -reach retracted rating
45,000
lbs
(f)
Under -reach extended ratings
15,000
lbs
(q)
Tow sling safe lift rating
12,000
lbs
(h)
Safety chains (2 each)
1/2"
alloy
(i)
Cab to axle dimension
180"
(6)--Class 9 =js a eraelle 144b wreeleer.
Sec. 42-78. License revocation and regulations.
(B) Regulations. No business enterprise licensed
under this article shall:
(1) Recover or tow er remeve—erg a vehicle
unless the business enterprise's tow truck or other
vehicle used in towing shall clearly display in at
a�
enter-prise's nam="elelress and telephenezitmme—en the
e1river and passeage- - . de avvrsT on the front of the
tow truck or car carrier body, the towing license
number in letters at least three (3) inches high and
on the driver and passenger sides of the vehicle and/or
doors, the licensee's name, in letters at least three
(3) inches high; and in letters at least one (1) inch
high, the licensee's principal address and telephone
number; or
(11) Store or impound a towed vehicle at a
distance that exceeds a !94:ve ten (10) mile radius of
the location from which the vehicle was recovered,
towed or removed; however, notwithstanding the
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foregoing, where there is no business enterprise
licensed under this article that is located within a
five ten (10) 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 twenty (20) mile radius of
the location from which the vehicle was recovered,
towed, and removed; or
Sec. 42-80. 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 customers point of payment.
The following rates are the maximum allowable for
towing vehicles from private property. The applicable
rates shall depend upon the requirements of the towed
vehicle, rather than the actual wrecker class utilized.
Base rates shall include hookup, unlocking door,
}ebe. _ f- 1. e r -. 1 f w L. L. l
CTII e�crrc-verrrEr� 1 f
necessary, and towing.
(1) Class A, P an ^:
(a) Base rate . . . . . . . .
W Towing Agency . . .
_LjIL City Administrative
charge . . . . . . .
(2) Class B:
(a) Base Rate . . . . . . . .
(i) Towing Agency . . .
-(jjj City Administrative
Charge . . . . . .
( 3 ) Class C and :
. . . $55.00
. . . $50.00
$ 5.00
. . .$65.00
. . . $60.00
. $ 5.00
(a) Base Rate . . . . . . . . . . . $90 . 00
(iZ Towing Agency . . . . . . $85.00
_Cjjj City Administrative
Charge . . . . . . . . . . $ 5.00
_(4) Class D.
(a) Base Rate $115 00
(i) Towing Agency $110 00
(ii) City Administrative
Charge . . . . . $ 5.00
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{4} enterprise. �5� Administrative f ee-t a bu ----- - --$1$ $�
Towing Agency Administrative Services
(a) Basic rate after first
24 hours. $ 10.00
This ene time-- fee includes all elerr=cam—teerk
relateel to the ElispeS4+18fi ef the vehiele
sil seWent te— the —towing i nel urii ng a>>et i nn netiee,
_. fe ,t
This administrative service is not an automatic
"add -on" but only when required to comply with
Florida State Statutes 715.05 and 713.78 and may
be imposed by the Towing Agency for administrative
services. This charge refers to and includes
verification of public V.I.N.; search of vehicle
ownership information; preparation and processing
of paperwork; owner/lienholder information search;
Preparation and mailing of the first notification
letter to owner.
(b) All actual fees imposed by a state for
obtaining pertinent ownership information 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
owners, lienholders and governmental agencies
(for ownership/lienholder information request)
will be done by CERTIFIED MAIL This
administrative service charge will not be imposed
by the Towing Agency during the first twenty four
(24) hours of impoundment.
Failure to comply with the owner/lienholder
notification provisions as required by Florida
State Statutes 715.05 and 713 78 shall void any
and all claims of storage charges by the Towing
Agency for the impound vehicle.
4-5}_CkZ There will be no other fees of any kind for
the release of vehicle to its owner after towing.
The City shall send a monthly invoice to the
business enterprise for payment of the City's
administrative charges. The administrative
charges are due and payable upon receipt of such
1181
invoice. Failure to remit payment of the
administrative charges within fifteen (15) days of
the receipt of the invoice shall result in an
additional charge of five hundred dollars
($500.)). Continued failure to pay the.charges
after thirty (3) days of receipt of the license
and the City may seek additional recourse from the
business enterprise as set forth in Section 42-79.
(b) Storage rates. Daily rates for vehicle
storage are based on a time period of twenty-four
(24) hours. The initial twelve-{1-2} six (6) hours
of storage shall be without charge. Thereafter,
the daily rate shall apply, according to the type
of vehicle stores.,
With respect to
stolen motor vehicles, the below daily charges
shall not commence until either: (a) twenty four
(24) hours after the owner of said vehicle has
been personally notified that the vehicle is
impounded and the location of its impoundment; or
(b) seven (7) 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 ewe! e--E1-2+
six ( 6 ) hours . . . . . . . . . . . No Charge
(2) Motorcycles, daily rate . . .$4.00
(3) Passenger vehicles, daily
rate (up to and includ-. $12.00
ing 4f4 1 2 ton truck)
(4) Large vehicles, daily rate, including
trucks over 41L4—IL2 ton, boats one
charge (with or without trailer)
trailers, etc. . . . . . . . $12.00
Section 3. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are hereby repealed.
Section 4. 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.
6
11382
Section 5. It is the intention of the City Commission
that the provisions of this ordinance shall become and be made a
part of the Code of the City of Miami, Florida, as amended, which
provisions may be renumbered or relettered and that the word
"ordinance" may be changed to "section", "article", or other
appropriate word to accomplish such intention.
Section 6. This Ordinance shall become effective thirty
(30) days after final reading and adoption thereof.
PASSED ON FIRST READING BY TITLE ONLY this 23rd day of
May , 1996.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 25th day of Jul
ATTEST:
6te .
WALTER . F EMAN
CITY CLERK
1996.
PREPARED AND APPROVED BY:
IU�FGS
AEL O. DI)KZ
D PUTY CITY CLERK
i
APPROVED AS TO FORM AND CORRECTNESS:
I7
A. �Ey
NNS, III
CITY ATT
W 111:csk:ROD
7
JOE LO, MAYOR
11382
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM 1 '3
TO: Honorable Mayor and Members DATE: JUL 16 1996 FILE:
of the City Commission
SUWECT : Ordinance Amending Chapter 42, of
the Code of the City of Miami
FROM: Ces REFERENCES:
i
City er ENCLOSURES:
RECOMMENDATION:
It is respectfully recommended that an Ordinance amending Chapter 42, of the Code of the City of
Miami, as amended, be approved.
BACKGROUND:
Due to recent changes in the Metro -Dade County Ordinance regarding the classification of certain
types of wreckers it is necessary to update Chapter 42, of the Code of the City of Miami, as
amended, so our definitions conform to the County Ordinance.
t13821
CITY OF MIAMI, FLORIDA
LEAA OTICE
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/Wa 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
ORDINANCE NO. 11382
7/25/96
inthe........................XX"XXXXX.............................. Court,
was published in said newspaper in the issues of
Sep 10, 1996
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 or corporation
any discPat, rebate, commissi refund r the purpose
of sec in his advertise f publics on in the said
new
I�
Sworn to and subscribed before me this
10 Septemb,5�p 96
...day ofOe ........................................ 41..„ . .D. 19......
(SEAL) OFFICIAL NOTARY SEAT
RY PV
Octelma V. Fe 4 erso kn��i-ERENA
c^ r: c NUMBER
CC566004
MY COMMISSION EXPIRES
Fr�r n0� JUNE 23,2000
All interested persons will take notice that on the 25th day of July, 1996,
the City Commission of Miami, Florida, adopted the following titled
ordinances:
ORDINANCE NO.11382
AN ORDINANCE AMENDING CHA F THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ESTABLISHING MAXIMUM
TOWING AND STORAGE RATES THAT MAY BE CHARGED BY
BUSINESS ESTABLISHMENTS ENGAGED IN THE PRACTICE OF
RECOVERING, TOWING, REMOVING AND STORING MOTOR VEHI-
CLES WHICH ARE PARKED ON PRIVATE PROPERTY IN THE CITY OF
MIAMI WITHOUT THE PERMISSION OF THE OWNER OF THE
PRIVATE PROPERTY; MORE PARTICULARLY AMENDING SECTIONS
42-74, 42-78, 42-80; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND
PROVIDING FOR INCLUSION IN THE CITY CODE.
ORDINANCE NO.11383
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 11167,
ADOPTED JULY 14, 1994, WHICH ESTABLISHED INITIAL RESOURCES
AND INITIAL APPROPRIATIONS FOR A SPECIAL REVENUE FUND
ENTITLED: 'OPERATION C.A.R.S.'; AUTHORIZING THE CITY
MANAGER TO ACCEPT AN ADDITIONAL GRANT, IN THE AMOUNT OF
$3,000.00, FROM THE FLORIDA MOTOR VEHICLE THEFT PRE-
VENTION AUTHORITY AND TO EXECUTE ANY NECESSARY
DOCUMENTS TO ACCEPT SAID GRANT; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN
EFFECTIVE DATE.
ORDINANCE NO.11364
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 11274,
ADOPTED JULY 13, 1995, WHICH ESTABLISHED A SPECIAL
REVENUE FUND ENTITLED: "INITIATIVES GRANT FOR OUTREACH
TO THE HOMELESS', THEREBY INCREASING THE APPROPRIATIONS
TO SAID FUND IN THE AMOUNT OF $261,105, CONSISTING OF A
GRANT FROM THE UNITED STATES DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT ('USHUD')_THROUGH THE DADE
COUNTY HOMELESS TRUST ('TRUST-), AN AGENCY OF METRO-
POLITAN DADE COUNTY; -AUTHORIZING THE CITY MANAGER TO
ACCEPT SAID GRANT AWARD FROM USHUD AND 10 EXECUTE THE
NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY FOR THIS PURPOSE; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
ORDINANCE NO.11365
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY
AMENDING ARTICLE 6, SECTION 609, 'SD-9 BISCAYi`_'= BOULEVARD
NORTH OVERLAY DISTRICT," TO MODIFY REGULATIONS
PERTAINING TO "CLINICS, MEDICAL AND DENTAL'; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PRO-
VIDING FOR AN EFFECTIVE DATE.
%f ORDINANCE NO.11307
ORDINANCE AMENDING THE ZONING ORDINANCE t?1'
)ING ARTICLE 15, SECTIONS 1501, 1502 AND 1503, TZ�
Y THE DETAILED REQUIREMENTS FOR CLASS II SPECIAL
I'S PERTAINING TO NOTICE, REFERRALS AND TIME LIMIT-
;; CONTAINING A REPEALER PROVISION AND SEVERABILITY
E; AND PROVIDING FOR AN EFFECTIVE DATE.
All interested persons will take notice that on the 30th day of July, 1996,
the City Commission of Miami, Florida, adopted the. following tilled
ordinance:
ORC'VANCE NO. 11388
- AN EMERGENCY ORDINANCE SCHEDULING A SPECIAL ELECTION
TO FILL THE GROUP II COMMISSION VACANCY; SETTING
SEPTEMBER 3, 1996, AS THE DATE OF SUCH ELECTION AND FUR-
THER ESTABLISHING AUGUST 12, 1996, AT 6:00 P.M. AS THE QUALI-
FYING DATE THEREFOR; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Said ordinances may be inspected by the public at the Office of the City
Cleric, 3500 Pan American Drive, Miami, Florida, Monday through Friday,
excluding holidays, between the hours of 8 a.m. and 5 p.m.
WALTER J. FOEMAN
CITY CLERK
(#4111 )
9/10 "zr -; 96-4-091009M