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Home My WebLink AboutO-10564J-89-198 3/13/89 ORDINANCE NO. 1.0 C AN ORDINANCE AMENDING CHAPTER 42, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "POLICE", ESTABLISHING DEFINITION OF TOWING, PROCEDURE FOR SUSPENSION AND REVOCATION OF LICENSE, AND BASIC TOWING RATE AND ALLOWABLE AUXILIARY SERVICES; AND PARTICULARLY AMENDING CITY CODE SECTIONS 42-74, 42-78, 42-79 AND 42-80; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, pursuant to Ordinance No. 10537, adopted January 12, 1989, the City Commission approved and adopted maximum towing and storage rates that may be charged by business enterprises engaged in the practice of recovering, towing, .removing and storing motor vehicles which are parked on private property in the City without the permission of the owner of the private property; and WHEREAS, the herein ordinance is required in order to adequately regulate said business enterprises; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Sections 42-74, 42-78, 42-79 and 42-80 of the Code of the City of Miami, Florida, as amended, are hereby amended as follows:l/ "Sec. 42-74. Definitions. Towing means to draw or pull along a vehicle behind by means of another vehicle equipped with booms, car carriers, winches, dollies or similar equipment and includes, opening of vehicle, removal of linkage on the transmission, securing of steering wheel or any other labor required or necessary to complete the removal of the vehicle. * if 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. "Sec. 42-78 azren-afz—e�aje. License revocation and regulation. (A) Revocation. On its own motion or the written complaint of any person, the police department may investigate the action of a business enterprise licensed under this article and cause to be conducted a proceeding before the city manager, 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 designee, 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 Review Board, a body formed as a result of the Citv's cooperative effort with members of the towing industry engaged in removing vehicles from public property. "Sec. 42-79. Penalties. d. Violations of the regulation or prohibition of this article shall result in suspension or revocation of the license of the business enterprise as set forth in Section 42-78(A)." "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 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 requirements of the towed vehicle, rather than the actual wrecker class utilized. Base Rates shall include hookup, unlocking door, if necessary, and towing use of dollies, removal of linkaae on the transmission securing of steering wheel, or any other labor required or necessary to complete the removal of the vehicle. Fv 4A_L Administrative Fee to business S10 00 enterprise This one-time fee includes all clerical work related to the disposition of the vehicle subsequent to the towing including auction notice, and the securina of ownership and lien information. -2- 1.0 CIIIII N There will be no other fees of any kind for the, release of a vehicle to its owner after towing. Section 2. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance insofar as they are inconsistent or in conflict with the provisions 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 thirty (30) days after final reading and adoption hereof, pursuant to law. PASSED ON FIRST READING BY TITLE ONLY this 23rd day of February , 1989. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 23rd day of March 1989. ATTE XAVIER L. SU REZ, MAYO MATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: • v ry � A. ICKY LEIk1l"(V ASSISTANT CI ATTORNEY APPROVED AS 0 FORM AND CORRECTNESS: '7 7 i r ` 'JORGE L. FERNA bEZ CITY ATTORNEY AVL/LKK/pb/bss/M459 -3- 1()'S(i11. 4 H MAR— 1 4—E _Ft TUE 9 : 1' L-AW DEPT CITY OF MIAMI, FLORIDA INTEROFFICE MEMORANDUM TO Cesar 11. Odio, City Manager - Att: Aurelio Perez-Lucjones P1 DATE : March 13, 1989 FILE SuBjeer . Amendments to Towing Ordinance (Second Reading) FRO? , gorge L. !'ernandez AtFeRENCES City Commission Agenda City Attorney March 23, 1989 On January 23, 1989, the attached ordinance was adopted on first reading. The proposed amendment's to existing City Code provisions which regulate the towing of vehicles from private property include a clarification of the term "towing"; a modification of the administrative fee (from $12.00 to $10.00) to be. paid by the vehicle owner to business enterprises (towing companies); a clarification of the activity by the tow Company upon which said administrative fee is based; and a provision that a violation of pertinent City Code sections shall subject the towing company to a possible suspension or revocations of its regulatory license. .7r,r:RFCabssaP649 CC 1 Matty Hir, a t, City Clerk Ron E. Williams, Director, General services Administration A. Vicky Leiva, Assistant City Attorney r�rl CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM ._ ...l TO. Cesar Odlo DATE: February 13, 1989 FILE: City Manager SUBJECT: Discussion Item for FROM: REFERENCES/ 2 3 / 8 9 Commission Meeting Victor H. De Yurre ENCLOSURES: 00Z Vice Mayor Please include as a discussion item on the February 23, 1989 City Commission agenda an update on the towing legislation regarding the regulation of fees. Thank you. cc: Honorable Mayor and Commissioners Aurelio Perez-Lugones, Legislative Administrator �u n�� "- R King's Wrecker Service Inca 1722 N.W. 7th Avenue Ph: 635-3170 KING'S WRECKER RATES MIAMI RATES (For vehicles towed from private properties) A) CLASS A 0 and O Base rate $ 50.00 B) CLASS B Base rate 60.00 C) CLASS C and U Base rate 85.00 D) kfdKBACK'CHARGE TO CITY (PROCESSING FEE) 5.00`; VEHICLE STORAGE RATES AFTER FIRST TWELVE 12 HOURS A) Motorcycles $ 4.00 B) Passenger vehicles 12.00 LABOR COSTS A) DOLLIES $ 25 100 B) DROP LINKAGE 25 00 C) SECURE STEERING 2500 D) ESCORT TRUCK 50:00" KING'S WRECKER ADMINISTRATION FEES 1) Initial Processing fee $ 25.00 2) Police Identification search 2500` 3) Certified Letter 25.00 a. Registered Owner 25.00 b. Lien Holder 25.00 4) Auction Publication 60.00 5) Preparation for Public Sale 100.00 (i.e. repairs, cleaning, & title) 6) Keys and locksmith services 75.00 Submii�-c:r_ 4a:t�c: record 1:c1 .- Magnum Towing-, Inc.- MAGNLRA TOWING RATES as w MIAMI RATES m, (For vehicles towed from private properties) A) CLASS A D and 0 Base rate $ 50.00 B) CLASS B Base rate 60.00 C) CLASS C and U Base rate 85.00 D) KhCKBACK CHARGE TO CITY (PROCESSING FEE), 5`. 00 VEHICLE STORAGE RATES A) Motorcycles B) Passenger vehicles LABOR COSTS A) DOLLIES B) DROP LINKAGE C) SECURE STEERING D) ESCORT TRUCK $ 4.00 12.00 $ 25 00 2 5" `00 25- 00: 50'00' MAGNUM TOWING ADMINISTRATION FEES `j r-A 1) Initial Processing fee $ 25.00 v .o 2) Po I I ce I dent I f I cat I on search 25.00' A%9 ��'; i y.3 3 ) Certified Letter 25.00 a. Registered Owner 25.00 �.:1 - b. Lien Holder 25.00 c) ' 4 ) Auction Publication 60.00 =� 0) ' 5) Preparation for Public Sale 100.00 n t4 (i.e. repairs, cleaning, & title) 0, 6) Keys and locksmith services 75.00 � 7) Vehicle release fee 25.00 1 N0 E'I 105(;4 it -i D) OVER 2 TONS E) INITIAL ADMINISTRATION FEE 500.00 25.00 ---------------------------------------------------------------- STORAGE PER DAY (Charged after first six hours.) A) LESS THAN 1 TON $ 20.00 B) OVER 1 TON 30.00 C) OVER 2 TONS 40.00 EXTRA COSTS A) DOLLIES $ 25.00 B) UNLOCK DOORS N/C C) DROP LINKAGE N/C D) OPEN DOORS N/C E) SECURE STEERING N/C F) ESCORT TRUCK 50.00 ---------------------------------------------------------------- MAGNUM TOWING ADMINISTRATION FEES 1) Vehicle Identification 2) Certified Letter a. Registered Owner b. Lien Holder 3) Auction Publication 4) Preparation for Public Sale (i.e. repairs, cleaning, & title) 5) Keys and locksmith services Submitted into the Public record in item an •'� • 3 • �'CI $ 25.00 25.00 25.00 25.00 60.00 100.00 75.00 1.0 C44'