HomeMy WebLinkAboutItem #69 - First Reading OrdinanceK.:
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J. 90-9149
ORDINANCE NO.
AN ORDINANCE AMENDING THE CODE OE "E titir or
MIAMI # FLORIDAt AS AMENDLD, AS SAID CODE a`
RELATES TO TOWING AND STORAGE Or MOTOR f
'9HfCLE6; INCREASING CHARGES AND FEES TO
REPLECT THE INCREASED ADMINISTRATIVE COSTS Ornl
TOWING AGENC19S AND THE STORAGE OF ` g'HICLES r
IN "E CITY AUTO POUND; MORE PARTICULARLY $Y
AMENDING SECTIONS 35--33, 42-74 i 42p79 ' A24U 'fr
42�50 OF SAID CODE; CONTAINING A REPEALER
PROV'fSION AND A SEVERABILITY CLAUSE.
WHEREAS, the cost of providing user fee services has outrun
the current fees being charged; and
WHEREAS, the City Commission finds that in kenestructuro,
g with the
City's responsibility of intaining an equitable
i
the herein amendments re & order;
NOW, THERE E, amendment,;
IT ORDAINED B THIJ MMISSION OF THE CITY
OF MIAMI, FLORI
S ti n Sections 3 -3 42-74, 42-79 and 42-80 of the
Code of e City of Miami, Fl I as amended, are herby amended
in the fo owing particulars.
"Sec. 35-33. Same - Storage charges at auto pound.
-! 4&1 The Commission hereby establishes the
following daily charges at the city auto pound for the
storage of motor vehicles as follows:
Motorcycles 6..00 S10,00
Passenger vehicles 9-0.00 �,�,�
- ' Trucks
With respect to stolen motor vehicles, the above
daily charges shall not commence until either (a)
twenty-four (24) hours after the owner of said 3
-'
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 vie
-` regular mail and via certified mail, return
receipt requested, to the address of the owner as
Words and/or figures stricken through shah be deleted.
Underscored words and/or figures shall be added, The 7:
remaining provisions are now in effect and remain unchaaged.
Asterisks indicate omitted and unchanged maternal.
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ORDINANCE NO • xA
r
ORDINANCE AMENDING THE CODE Or THE CITY or
XI , PLORII)A t AS AMENDED t AS SAID CODE
ATES TO TOWING AND STORAGE OF MOTOR ,.
��y�ly•L gi�pp{j, INCREASING CHARGES AND Fags TO F..
VEV
ECT THE INCREASED ADMINISTRATIVE COSTS Or
x
TOW G AGENCIES AND THE STORAGE OF VEHICLES
IN CITY AUTO POUND; MOitE PARTICULARLY By
AMEND G SECTIONS 35-33, 42-74, 42-79 AND
42-80 P SAID CODE; CONTAINING A REPEALER
Ul
PROVISI N AND A SEVERA81LITY CLAUSE.
WHEREAS, the
of providing user fee services has outrun
the current fees being)pharged; and
WHEREAS, the City
City's responsibility of
the herein amendments are
NOW, THEREFORE, BE IT
OF MIAMI, FLORIDA:
ission finds that in keeping with the
intaining an equitable fee structure,
1 order;
)R INED BY THE COMMISSION OF THE CITY
Section 1. Sections 35-3
Code of the City of Miami, Florida,
in the following particulars. 1/
1/
"Sec. 35-33. Same - Storage c
42-74, 42-79 and 42-80 of the
as amended, are herby amended
4al The Commission hereby
following daily charges at the city a
storage of motor vehicles as follows:
Motorcycles
Passenger vehicles
Trucks
tablishes the
D pound.for the
with respect to stolen motor vehicles, the above
daily charges shall not commence until ther (a)
t
twenty-four (24) hours after the owner of said
vehicle has been personally notified t t the
4b`'
vehicle is impounded and the location its
impoundment; or (b) seven (7) days after not a of
such impoundment and location has been son via
regular mail and via certified mail, re urn
_<
receipt requested, to the address of the owner ae
Words and/or figures stricken through shall be do ted.
Underscored words and/or figures shall be added. The
remaining provisions are now in effect and remain unchan d.
Asterisks indicate omitted and unchanged material.
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refuted �� the registration or title f��3►fd� ��
X
,..
the�tatd Agency having custody of such recorO
r� �_
whichever Occura earl
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qao. 42-74. Definitions.
$ratus to bo r
ree+sr class tae$ns the type of towing app
used to tOw vehicles* The wrecker classes are
distinguished as follows'
•
(x
J
•
fiatbed
et
mK3_
en
,�j„1 Cla s 'A' isa cor••t onat Sting or whret ift l
...,._, ,.,•.,�•� with un t cY_ acing of rasa than
'
i66 tr
frame-
3=
,(� i Class ' B' is a r-nnvent� onat uck sling or
i ty racing v_
a un=_ ___- -
�lft tow-with unit capacity
less thAn 25 tons_,_
leastruck
r 16 tons, but
(3) C ass 'C' is 8 conventional truck sling or frame-
T!l i f t tow with a un capacity rat fna of at
_
least 25 tons, but togs than 40 tons
ony
(4� c•t Ass ' p' is .•en a ona t truck or frame -lift
tow truck with a unit_ QW.A.2 ty of at least 40
h
tons,
Class 'Eis a 03 ide-back car carrier with a unit
a least 5 tons, may be multi -car..
gaoacaty of
is refer "flatbed."
-
�htie t uck
"Sec. 42-79. Penalties.
y
(a) violations of the prohibitions alld
shall axddition y
regulations of this article
ions of ciconstitute offenses and violaecuted
Suchviolationsshall be pros in8thetcountycourt
by the prosecuting attorney thereof and upon conviction
shall be punished by a fine not to exceed
f,.,_.ifty dollars
;Lg
• seven hundred and
j,7� 0.0.0t for the first violation; a fine not to exceed
the
one thousand dollars ($1,000.00) for second
by a fine not to exceed one thousand dollars
Rt ._
violation;
($1000.00) or by imprisonment in the county jail not to
fine and
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exceed sixty (60) days or by both a
imprisonment for each successive violation -
"Sec. 42-80• Maximum towing and storage rates -
(a) Towing rates per wrecker class. Towing rates set
in eaeiy
Y
forth in this article shall be posted
readable at the customer's point of paymsnt•
3,
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The following rates are the maximum allowable for
towing vehicles from private property. Th PlIcabla
rates shall depend upon the requirements of t o towed
vehicle# rather than the actual wrecker class utili'ted.
Base rates shall include hookup, unlocking door,
use of dollios# removal of linkage on the tranamingioht
securing of steering wheel, or any other labor required
or necessary to complete the removal of the vehicle.
(1) Class A- 0 and 8 8 s
.. ;
(a) Base rate • B o
Towing Agency $ 50.00
City administrative ,
Charge 9-5.0 S�7.5
(2) Class B:
(a) Base rate $65.0 S67.50
Towing Agency $ 60.00
City administrative
Charge 9-5.0 S 2.50
(3) . Class C-end-U:
(a) Base rate $9e . 0 S22,50
TWinJ Agency $ 85.00
City administrative
Charge 5.00 S 7.50
(4.) Clus Ds
W Base rate S147.54
T±ow w $14 •00 -
City administrative
S
7.50
(45) Administrative fee to business
enterprise M.88 S15.0
This one-time fee which is oaid by and chargeable
to the vehicle owner includes all clerical work related
to the disposition of the vehicle subsequent to the
towing including auction notice, and the securing of
ownership and lien information.
(5fi) 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
administrative charges. The administrative charges
are due and payable upon receipt of such invoice.
Failure to remit payment of the administrative charges
within fifteen --(-iS ) ninety (,90) days of the receipt of
the invoice shall result in an additional charge of
seven hundred and fifty
do11ars ,(625Q -09) . Continued failure to pay the
charges after thirty (30) days of receipt of the
invoice wili" may also result in the suspension of the
license and the city may seek additional recourse as
not 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 (12) hours of storage shall be
without charge. Thereafter, the daily rate shell r
apply, according to type of vehicle stored, with each
fraction of a day Counting as one (1) full day • With
respect to stolen motor vehicles, the below daily
charges shalt not commence until eithert (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 { t,
days after notice of such impoundment and location has
been sent 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 twelve (12) hours
(2) Motorcycles, daily rates
(3) Passenger vehicles, daily rate
(up to and including 3/4 ton truck)
(4) Large vehicles, daily rate, including
trucks over 3/4 ton, boats one
charge (with or without trailer),
trailers, etc.
Section 2. All Ordinances or parts of ordinances insofar -
as they are inconsistent or in conflict with the provision of
this Ordinance are hereby repealed.
Section 3. 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 4. This Ordinance shall become effective 30 days
after final reading and adoption thereof.
PASSED ON FIRST READING. BY TITLE ONLY this 7th day
of S___eote_mber , 1990.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this day of
ATTEST:
MATTY HIRAI
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
f•
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f
-jo GE FE ANDEZ
CITY ATTORNlY
bss:M688
-*4"
XAVIER L. SUAREZ, MAYOR
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