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ORDINANCE NO.
AN ORDINANCE RELATING TO THE TOWING OF MOTOR
VEHICLES: AMENDING CHAPTER 42 OF THE CODE OF
THE CITY OF MIAMI, FLORIDAt AS AMENDED BY
ADDING THERETO A NEW ARTICLE ENTITLED "TOWING
OF MOTOR VEHICLES",; PROVIDING FOR THE LICEN-
SURE AND REGULATION OF BUSINESS ENTERPRISES
ENGAGED IN THE PRACTICE OF RECOVERING, TOWING,
REMOVING, AND STORING OF MOTOR VEHICLES PARKED
ON PRIVATE PROPERTY WITHOUT PERMISSION, PRO-
VIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR SEVERABILITY.
WHEREAS, the purpose of this Ordinance 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, and storing of
motor vehicles parked on private property without the permission
of the owner of the private property; and
WHEREAS, statutory authority for this ordinance is
found within 715.07. . Florida Statutes, 1981, (The Florida
Towing Statute) wherein it is stated that the requirements of the
statute shall be the minimum standards and shall not preclude
enactment of additional regulations by any municipality or county;
NOW, THEREFORE; _BE : IT..ORDAINED BY THE COMMISSION OF THE,
CITY OF i41AMI, FLORIDA:
Section 1. Chapter 42 of the Code of the City of Miami
is hereby amended by adding Article 5 thereto to read as follows:
"Article 5:. Towing of Motor Vehicles
Sec. 1. Authority.
The provisions of this Ordinance are enacted pursuant
to the statutory power of the City to establish and enforce busi-
ness regulations necessary for the protection of the public and
pursuant to Sec. 715.07(2) (b), F.S. £'
Sec. 2. Short Title.
This Ordinance shall be known and may be cited as the
"Towing Company Licensing and Regulating Ordinance of the City of
Miami, . "
Sec. 3. 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 enter-
prises engaged in the practice of recovering, towing removing
and storing of motor vehicles are matters affecting the public
interest; and any person desiring to conduct such a business
enterprise shall be required to obtain a regulatory license and
obey the regulations as hereinafter provided.
(b) The purpose of this Ordinance is to provide a
uniform system for the licensure and regulation of business enter-
prises which are engaged in or which intend to engage in the
practice of recovering, towing, removing, and storing of motor
vehicles which are parked on private property without the permis-
sion of the owner of the private property.
Sec. 4. Definitions.
(a) "Business enterprise means a unit of economic
organization or activity in the form of an individual natural
person, sole proprietorship, corporation,,partnership, organization,
joint venture, trust, foundation, firm, group, society, association
or any combination thereof whose systemic purposeful 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 enterprise" shall not
mean nor include in its meaning the term "Property owner."
(b) The Police Department is the division of Miami City
government or its successor responsible for administering all
licenses pursuant to this Ordinance.
(c) "Express instruction" means a clear, definite and
explicit oral or written request by a property owner or agent to
a business enterprise relating to a specific vehicle which calls
for the removal of a specific and individual vehicle parked with-
out permission of the property owner. Such agent shall not be an
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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.
(d) "License" means that certificate or document it-
self which permits a business enterprise to engage in the activity
of recovering, towing, removing and storing of parked vehicles from
private real property at the express instruction of the owners of
such real property. As used in this Ordinance, "license" shall
not mean a municipal or County occupational license.
(e) "Parked" means the state of a vehicle being tempo-
rarily left and unattended by its owner or operator.
(f) "Property owner" means that person who exercises
dominion and control over private real property, including but not
limited to the legal titleholder, lessee, designated representa-
tive of a condominium association or any person authorized to exer-
cise or share dominion and control over private real property.
However, "Property owner" shall not mean nor be included in.the _
term "Business enterprise."
(g) "Regulation" means a rule set forth within this
Ordinance made applicable to business enterprises Te.disobedience
of a.e1 atiorj :shall be sufficient, gerunds for revocation , o f
s e .
(h) "Removing" means the act of changing by tow the
location of a parked vehicle from its location on private real
property
to the
storage site of the business enterprise.
'
(i)
"Revoke" means the action of the City Manager
whereby
a licnese
is annulled and made void.
(j)
"Recover" means to take possession of a vehicle
and its
contents
and to exercise control and supervision over the
vehicle.
(k)
"Storing" means to place and to leave a towed
vehicle
at a site where the business enterprise exercises control
and supervision
over the vehicle.
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(1) "Towing" means to draw or pull along a vehicle
behind by means of another vehicle equipped with booms, car carriers,
winches or similar equipment.
(m) "Vehicle" means a mobile item which normally
uses wheels.
(n) "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.
Sec. 5. License required. Prohibition.
(a) No business enterprise shall engage in the busi-
ness of recovering, towing, removing and storing 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 sub-
sequently maintain in unrevoked status, a license.
(b) The requirement for a license hereinabove des-
cribed is a requirement separate and apart from and in addition to
any county or municipal requirements for "Occupational licenses."
The required 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 Ordinance. The practice of a business enter-
prise to consider persons as independent contractors or employees
shall not be construed to permit avoidance of the requirement that
the business enterprise itself apply for, obtain, and maintain a
license.
Sec. 6. Issuance of license and renewal.
(a) A license issued or renewed pursuant to the provi-
sions of this ordinance shall not be transferable from one business
enterprise to another business enterprise. All licenses shall expire
on the thirtieth (30) day of September of each year following the
date of original issuance. Licenses shall be renewable annually.
There shall be license fees as determined and established by resolu-
tion of city commission.
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(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 approval of the applica-
tion by the Chief of Police and upon collection of license fees
by the Revenue Collection Division.
Sec. 7. Licensure of business enterprises.
(a) Application. All business enterprises desiring
to obtain an initial license or renew a previously issued and un-
revoked license shall submit an application in writing to the
Revenue Collection Division on all prescribed forms. The applica-
tion 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 corpora-
tion 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 business, the
names of the principal officers, directors, resident
agent and local representatives, and their business
addresses;
(3) if the business enterprise is a partnership, 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 proprietor-
ship, the fictitious name under which the sole
proprietorship may be doing business, the name,
business address of the natural person who owns,
controls or directs the sole proprietorship;
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(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 natural person who owns, controls
or directs the applicant sole proprietorship;
(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 is-
suance or renewal of a license hereunder where he finds:
(1) that the application has been fully completed and
submitted; and
(2) that the initial application or renewal application
fee has been paid; and
(3) that the application has been fully examined and
considered by the Police Department; and
(4) that the applicant- business enterprise, if a corpora-
tion,, 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 currently suspended license or has had its
license revoked by action of the City Manager -as of
the >..date -of.: application; and
(5) that the applicart, business enterprise, if a partner-
ship, 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 revoked by
action of the City Manager within five (5) years
of the date of application; and
(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 currently suspended license or has had its
license revoked by the City Manager within five (5)
years of the date of application; and
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(7) that a'license of the applicant is not--curfently
under suspension
Sec. 8. Regulations and Revocations of License.
(a) 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 Ordinance and cause
to be conducted a proceeding before the City Manager,or his
designated representative,to consider whether or not to re-
voke or suspend a license. Such license revocation or sus-
pension proceeding shall be conducted substantially in ac-
cordance 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 re-
gulation 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.
(b) Regulations. No business enterprise licensed under
this Ordinance shall:
(1) recover or tow or remove a store a vehicle unless
the business enterprise's tow truck or other
vehicle used in towing shall clearly display in
at least 3-inch high letters, the business enter-
prises's name, address, and telephone number on
the driver and passenger side doors; or
(2) recover or tow or remove or store a vehicle unless
the business enterprise shall file and keep on
record with the City Clerk and the Police Depart-
ment a complete copy of the current rates charged
for towing and storage of vehicles and copies of
all written contracts or agreements bet•?een the
business enterprise and property owners which
relate to the towing and removal of vehicles; or
(3) pay or rebate money, or solicit or offer the pay-
ment or rebate of money, or other valuable consldera
Lion, to property owners from which vehicles may he
towed or removed; or -
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(4) (a) recover or tow or remove or store a vehicle unless
notice is posted fulfilling the following, requirements:
(1) Notice, In the form of a sign structure, shall
be prominently placed at each driveway access
or curb cut allowing vehicular access to the
property, within five (5) feet from the public
right-of-way line. If there are no curbs or
access barriers, signs shall be posted not less
than one (1) sign each twenty-five (25) feet of
lot frontage.
(2) The notice shall clearly display:
(a) in not less than 2-inch high, tight -
reflective letters on a contrasting back-
ground, that unauthorized vehicles will be
towed away at the owner's expense; and
(b) in not less than 4-inch high, light -
reflective letters on a contrasting back-
ground, the words "tow -away zone"; and
(c) in not less than 2-inch high, light -
reflective letters on a contrasting back-
• geourid, the days of the weekr and hours
of the day during which vehicles will be
towed away at the owner's expense where
the property owner or business enterprise
selectively causes the towing of vehicles
dependent on the day of the week and
hour of the day the vehicle Is parked and
If not on a twenty-four (24) hour a day
continuous basis; and
(d) in not less than 2-inch high, ligh-
reflective letters on a :contrasting back-
ground, the name and telephone number of
the towing business enterprise, if there
exists a written contract between the
property owner and business enterprise
for the towing of vehicles; and
(e) in not less than 1-inch high, light -
reflective letters on a contrasting bark --
ground, an address or description of the
location of the storage site; and
(3) The sign structure displaying * the required
notices shall be permanently installed with the
bottom of the sign not less than four (4) feet
above ground level and shall be continuously_
maintained on the property, for not fewer than
twenty -tour (24) hours before the towing or
removal of vehicles.
(b) The posting of notice requirements of subsection 4(a);,.
above shall not be required where:
(1) the private property on which a vehicle is
parked is property appurtenant to and obvlpusly
a part of single-family type residences;_ .
(2) • 'notice Is . personally given to the awntr
operator of the vehicle that the private p"pe
erty on which the vehicle is or will be parked
Is reserved or otherwise not available for un-
authorized vehicles and subject to' being removed
at the owner's expense; or
(5) recover or tow or remove or store a *vehicle except upon
the express instruction of the property owner or agent to
the business enterprise. Such agent shall not be an
officer or employee of the business enterprise (as defined
herein). No such instruction shall be considered to have
been given by the mere posting of the notice requirement
of section 4(a) of this Ordinance. No such instruction
shall be considered to have been given by virtue of the
mere terms of any contract or agreement 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 unautho-
rized parking of the vehicle. No such instruction shall
be considered to have been given where the instruction is
general in nature and unrelated to specific, individual
and identifiable vehicles which are already unauthorizedly
parked; or
(6) tow or remove or store a vehicle where the registered
owner or other -legally authorized 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 legally authorized
person in control of _ the vehicle refuses to remove
the vehicle; or
b) the vehicle is connected 'to the towing 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 a) of the
posted rate for' such towing service- as required by
this Ordinance; or
(7) tow or remove a vehicle where there is a natural person
occupying the vehicle; or
(8) recover or tow or remove or store a vehicle unless the
business enterprise shall, within thirty (30) minutes of
the completion of the removal, notify the municipat police
department or, in an unincorporated area, notify 'the
sheriff of: the recover, 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 enforcement department to whom such information was
reported and indicate that name on a trip record together
with an indication of the date and time of the day in
hours and minutes that the vehicle was removed; or
(9) recover or tow or remove or store a vehicle .unless the
business enterprise shall maintain trip record(s) relating
to the previous calendar year. The trip record(s) 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#
removed and stored;
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c) the make, model, color, and license plate
number of the specific vehicle(s);
d) the precise address or description of the
location from which the specific vehicle(s)
was removed;
e) the full name of the property owner who ex-
pressly instructed the removal of the specific
vehicle(s);
f) the precise address or description of the loca-
tion of the storage site of the business enter-
prise to which the specific vehicle(s) was
removed and stores; or
(10) recover or tow or remove or store a vehicle unless
the vehicle shall be towed directly to the business
enterprises storage site and the vehicle shall not
be kept in any temporary holding area; or
(11) store or impound a towed vehicle at a distance that
exceeds a five (5) 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 arti-
cle that is located within a five (5) 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 dis-
tance that exceeds a twenty (20) mile radius of the
location from which the vehicle was recovered,
towed, and removed, or
(12) recover or tow or remove or store a vehicle 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 con-
tained within the stored vehicle; or
(13) use physical force or violence, or threat of physi-
cal force or violence, in dealing with persons who
have had or are about to have their vehicles recov-
ered or towed or removed or stored.
Sec. 9. Penalties:
Violations of the prohibitions and regulations of this ordi-
nance 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 convic-
tion shall be punished by a fine not to exceed five hundred
dollars ($500.00) for the first violation; a fine not to exceed
one thousand dollars ($1,000.00) for the second violation; by a
fine not to exceed one thousand dollars ($1,000.00) or by im-
prisonment in the County jail not to exceed 60 days or by both a
fine and imprisonment for each successive violation.
Section 2. The City Manager is hereby instructed to
schedule the subject of towing vehicles from private real
property together with a copy of the herein ordinance on a City
Commission Meeting Agenda in April, 1984.
Section 3. It is the intention of the City Commission that
the provisions of this Ordinance shall become and be made a part
of the City Code; and that the sections of this Ordinance may be
renumbered or relettered and the word "ordinance" may be changed
to "section", "article", or such appropriate word or phrase in
order to accomplish such intentions.
Section 4. If any section, sentence, clause or phrase of
this Ordinance is held to be invalid or unconstitutional by any
court of competent jurisdiction, then said holding shall in no
way affect the validity of the remaining portions of this
Ordinance.
1983.
PASSED ON FIRST READING BY TITLE ONLY this 18th day of July,
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 8th day of December, 1983.
Maurice A. Ferre
ATTES M A Y 0 R,
LPA G. ONGIE, CITY CLER
PREPARED AND APPROVED BY:
ROBERT F. CLARR, DEPU Y CITY ATTORNEY
APPROVED,AS TO FORM AND CORRECTNESS:
00,
SE GARCIA-PEDROSA, CITY ATTORNEY
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19
TO: Howard V. Gary
City Manager
&Fd4)��
FROM: H. C. Eads, Jr.
Assistant City Manager
CITY OF MIAM1, FLORIDA
INTER -OFFICE MEMORANDUM
DATE: October 6, 1983 FILE:
SUBJECT: Proposed Regulatory Ordinance
for Vehicle Towing Companies
REFERENCES:
ENCLOSURES:
It is recommended that the City
of Miami Commission approve the
attached Ordinance relating to
the towing of motor vehicles;
amending existing ordinance;
providing for the licensure and
regulation of business enter-
prises engaged in the practice
of recovering, towing, removing
and storing of motor vehicles
parked on private property with-
out permission; providing for
penalties; -providing for inclu-
sion in the code; providing for
severability and providing for
an effective date.
Pursuant to Commission direction a public information session was
conducted on September 23, 1983 to discuss the proposed City ordi-
nance pertaining to towing of vehicles parked on private properties
within the corporate limits of Miami.
In attendance were representatives from the Police Department,
numerous towing firms, American Automobile Association, Florida
Title Services, Consumer Protection Advocate's office and the Pro-
fessional Wrecker Operators of Florida (PTOF). (See attached list.)
A general discussion ensued about the proposed ordinance. Of sig-
nificant concern to the wrecker operators was the issue of rates.
The ordinance does not regulate rates. It does require operators
to keep on file with the City Clerk's office a current rate sche-
dule. The establishment of rates or the changing of rates is solely
at the discretion of the towing operators.
The following areas were cited for possible changes:
1. Licensing:
-Owners feel that they already have too many licenses and
that the ordinance could be enacted without the issuance
of another type license.
Howard V. Gary
Page 2
If licenses are issued and subject to revocation, the
revocation process should be held by the entire City
Commission.
2. Insurance, Equipment and Facilities:
Owners would like to have all towing companies to have a
stipulated amount of liabil ti y insurance, safety inspected
equipment and sufficient support facilities for proper
towing operations.
Mr. Jose Medina, President of the P.W.O.F. stated that they are in
favor of this ordinance that would regulate towing vehicles from
private property. They will forward their recommendations in
writing to the City Manager's office as soon as possible.
This ordinance is based upon the Broward County model on the same
matter which was enacted on May 20, 1982.
This ordinance was developed at the request of State Attorney Janet
Reno. (See attached letter.) The ordinance will license and regu-
ate the activity of the towing of motor vehicles from private proper-
ty, commercial or residential. This proposed regulatory ordinance
should not be confused with the police initiated vehicle tows from
public property.
If adopted, this ordinance would regulate the following areas:
(1) Annual license requirement for vehicle towing companies; (2)
Standards for license issuance; (3) Standards for revocation of
license; (4) Regulations concerning the actual towing, noticing,
storing, publication of fees and manner of vehicle tows; and (5)
Penalties for ordinance violations.
Vehicle tows from private property should be regulated in a compre-
hensive manner as set forth in the proposed ordinance.
Mr. Howard V. Gary
Page 3
Miami Police Department:
Major John R. Fonner
Lieut.G. Lane Bradford
Lieut. Billy Riggs
Sgt. S. G. Kerr
P.T.O.F.
Jose Medina, President
A.A.A.
Morton Goss
Mr. Leslie
Downtown
Timothy Del Rosa
Fred's
(did not sign his name)
Galatic
Jorge Barragan
Jack's
Edward Redmond
Miami Beach
Manuel Carvagah
Molina
Roberto Molina
NuWay
Walter Miller
Rainbow
Gus
Southland
Joe Crato
Jim Griffo
Southwest
Frank de la Paz
Ted & Stans
Tom Myhyetra
Other unidentified persons
JANET RENO
xTATE ATTORNEY
STATE ATTORNEY
ME"OPOUTAN JUSTICE B411-0040
M(Ami. FLORIDA 33125
May 9, 1983
CITY MIAN 0EP'S OFFICE
1.,`:33 HAY 13 Vel 9= 49
TELEPHONE (305) 5.17.5200
Mr. Howard Gary
City Manager
3500 Pan American Drive
2nd Floor
Miami, Florida 33133
1 Dear Mr. Gary:
i
We received a complaint from Edwin Simons concerning
( a towing operation at the Miami Stadium. We referred it to the
Miami Police Department for investigation.
At this point we are at a dead end because the State
law contains no criminal penalties and the Miami Police tell
1€ me there is no city ordinance regulating towing companies.
I would urge you to seek adoption of an ordinance
regulating towing companies and the rates they charge. In
the meantime the City might want to contract with any towing
companies called by the police and in that contract spell out
reasonable rates and regulations governing their conduct under
the contract.
If we can be of assistance please let me know.
Sincerely,
i �
JANET RENO
State Attorney
JR:res
CC; Mr. Edward Simons
Sgt. Samuel Kerr
ul�
.1TY Cit' ` IA'Al. FLOIODA
.NT' :i-CFF10E MEMORANOU\A
-,. Howard V. Gary July 15, 1983
City Manager
Proposed Regulatory Ordinance
for Vehicle Towing Companies
FROM: Jose R. Garcia -Pedrosa
City Attorney _?/_
,'_FEiENCES: Commission Agenda, July 189 198;
Item #32
The attached proposed ordinance has been approved in final
form which does not materially vary from that draft which was
i
distributed earlier in your Agenda Packet.
The original of this proposed ordinance is being forwarded to
the City Clerk.
JGP/RFC/rr
! cc: Honorable Mayor and other Members
T!� of the City Commission
Ralph G. Ongie, City Clerk
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cmy of MIAMI, FL0100A
(;P Y '..> > >; INTER-OFFICt MEMORANDUM
57
To' Howard V . Gary DATE June 22, 1983 ALE,
City Manager
sua.,EcT: Proposed Regulatory Ordinance
for vehicle Towing Companies
ee'XWZL_.LL AO�
FROM: Kenneth I. Harms RERERENCEs. Item for Placement on City =
Chief of Police Commission Agenda for July
ENCLOSURESt 18, 1983 Meeting
One (1)
It is recommended that the City
of Miami Commission approve the
attached Ordinance relating to
the towing of motor vehicles;
amending existing ordinance; pro-
viding for the licensure and re-
gulation of business enterprises
engaged in the practice of re-
covering, towing, removing, and
storing of motor vehicles parked
on private property without per-
mission; providing for penalties;
providing for inclusion in the
code; providing for severability
and providing for an effective
date.
The attached proposed ordinance was drafted at the request of your
office and would, if enacted, license and regulate the activity of
the towing of motor vehicles from private property, commercial.or
residential. This proposed regulatory ordinance should not be
confused with the police initiated vehicle tows from public property.
If adopted, this ordinance would regulate the following areas;
1) Annual license requirement for vehicle towing companies; 2) Stan-
dards for license issuance; 3) Standards for revocation of license;
4) Regulations concerning the actual towing, noticing, storing,
publication of fees and manner of vehicle tows; and, 5) Penalties.
for ordinance violations.
This proposed ordinance does not establish towing fees nor the author-
ity for such fees to be set.
The attached ordinance is based upon the Hroward County model on the
same matter which was enacted on May 20, 1982.
it is the belief of this Department that vehicle tows from private
property should be regulated in a comprehensive manner as set forth
in the proposed ordinance.
KIH ; mp
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MIAMI REVIEW �.
ANo DAILY RECORD
published DNiy except Saturday, Sunday and
Legal Holidays
i Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
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CITY OF MIAMI
Re: ORDINANCE NO. 9762
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Dec.16, 1983
MIAMI REVIEW
AND DAILY RECORD
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADS
Before the undersigned authority personally appeared
Sookle VfllfiarM who on oath says that ahe Is the Via Preeident
of
Liy f Advertising of the Miami Renew and Deily Record, a
daitrhrday. Sunday and Legal Holidays) newspaper,
Published at Miami in Dada County, Florida; that the attached
copy of advartlaoment, being a Legs Adrerdsement of Notice
in the matter of
CITY OF MIAMI
Rs: ORDINANCE NO.
In the ...... X . X .,X ........................... Court,
was published In said newspaper In the Issues of
Nov.28, 1983
Afflart further says that the am Miami Rerisw and Daily
fMcad Is a published at Miami In said Dade County,
Florida, and the said newspaper has heretofore been
continuously publlshW In said Dads
(♦except SatuMay, Sunday and Legal Hol ►and been
arntered as second class mail matter at Post office in
MiOW in sold Dade County, Florida, for a period of one year
next pmc"ng the first puMleation of the attached copy of
t; and atflsnt further says. that she has MMIX
Wid any psreon, firm or F m pre tion any dboonxhl,
rebi Misslon or of n n }or the purpose of secA tfUs
fftowr Mi //did nawspaw.
�P-EE S UL •^�,� ,. vhea�rrO
# to irnFi �ILbier�gr¢ before ms this
— 28th .. ds& . r�ca A.D. 19. 83..
p�lonhry fldbllc *\,\
Florida at Lags
(SEAL) 11101 L,U vj \0\
My Commission expires Aug. 23, 196&
UP 136
ib1tY OP Ni1AM111i
bAbs 0141 rwlci.6t111111t
Nbt'Ibtt 6fe olkoobsib "itibblfit4od
Nb fC fS RMY 6tNEI4iit th i Olty 004t TFI City
of Miami, Florida, bri $+et erfiber E, i J83, aoiltrrne�ntSiti'l1 S A M in
fha Citq Cfrtrttisextdn Chfirni�er't 35bt1 Pori►IltfiriWSft I�Ih+;7tflflfrt4:
Fioridd, Will 666hidO the Uli' kid Ordina"06(b) bfi tj iftl S f .r� irk
,the Adoption thereof.
ORDINiWk NO.
AN ORDINANCE AMENOM6 Si OTtON 18-1 }'I��►R
GRAPH 12) 8F'SUf33ECTION 1843(e) t i SC=�ANtY �iKt i$,
Tt.Efri "MMORli Y.isR(ii tPtEMENT P RAM" OPINE
OF THE CITY OF MIAMI, FLORIDA, A5 AMi NbEb. BYPFIO
VIOINO FOA THE DEL&ION OF THE WORD ",]PAOPORVNzrz
ATE" AND FOR DELETION OF:THE WORD '!M6NiE$' AND
IN69ATION OF THi=' 608; "MONEV, 01010PERTtr b ,
SERVICES KISAIa SU;f3$ECTIONA$,?*b)'ANd-1=Of# �f
DELOON OF THE WOOM' sY THE CITY" IN 1fAMINIAF)1 _
=z ft�'f3AfCt s�otwNt�73(�r,�H.A�AfENDMEt�l)+it`� ; .
NECESSARY TO FACIUTATE THE EFFECTIVE APPL1040 � '
OF SAiD PROGRAM, FURTHER sY=RENUM6t hiNGI&Mo,
SECTION 1843 FOR THE PURPOSE OF CLARITY.
ORDINANCE NO. stir.
AN ORDINANCE RELATING TO THE TOWIN(I OP MOTQR ,
VEHICLES: AMENDING CNAPTER 42 OFNF-CbD OF:THS n '
CIV'OK MIAMI,'. FLORIDA' A& AMPMEWO?i_ADtlIN ,
THER tO A NEW ARTICLS ATITLED'TTOWING--OF MOTOtt
VEHiOLES",PROVIDINGFC713THELiGElIS�fRE74N0.#iECifi
LATION OF.BUSiNESS ENTERPRISES ENGAOEa iWIHS
PRACTICE OF AECOVERINO,' TOWING- ASMOVINO,.:NO,.
STORM&OF�`MOTORE`VEHICLES PARKEb.ON'PRIVAM_
PROPERTY WITHOUT PERMISMON; PROVIDING FOR hVCCU
91ON IN THE SOS; PROVIDIF d FOR `SevImAVLIT
ORDINANCE N0
AN OADINANCE'AMC-NOING SC iiiii6 IONS (A)(2) ANO:(Bjt1)'
AND(2) OF EEC'hON 30-0; ENTITLED "GREEN Fi=E6' ' AND
S0SSECT10NS YA$1) AND j2) OF SECTION,*S4 ENTITLED
"CART FEfrS"; ANti 8SECTION ao-55,'-ENTITLtib;.'SPEGiA1.
BATES"; OFtTttE CObE OF THE CITY OF:MIAf1(t; t=t:OtIDA
A3-AMk41DE0, BY #EVIS1Nt3:TNE F'EE SCt tDULE, FOfIZ1W
OF MIAMI ()OC.D COt7liflES•, CONTA1NtNC3 fi#IEP1rACaoR±�R�
VISION A1Vb A fEE\ItAS1t ITY CLAUSE: = - k`<' ' '*
" ORafIANCt,-NO c
AN ORDINANCE SET'TIWG FO1jTH A Q,Ry,�OP�OySED C1 tAFIT�Ey�R '
AMENDMENT,_ KNOWN .A3 "tIA1i'fE�1lMEt�DMEI +l1/r
1", AMENt31NC# T1iE `CtfARTER OF Tt�E LF7ti"i3tfiM1,
l±Lt3NibA, BY OtSFIRE 317Nii GRAMMA116AL;`SATAt;T�AI,
z s. AND`tNt3Ut$T)C F#bR$, Eli1VI N-►TiNtl79Sf3'R
ftEOUNDAN# :pR YIf31 N5. Al+t iiES"i T(iRt l9b
RENUIuIAERiNtt.Fff�(iiRSEt;I105ANt3�9iirEt b.
FOR CLIiRiT1C;NCTiNR'- f HE PER11�=iQ
TO `FAKE ALL NC-CE83AR1i ACTIONs'FOR BLtSMISSttiN'bF
• `Alii�t�,.�?USi
i ATION dF
' V1saCt+l Aiti1
W
ewi nnniueurG Auk l No
RF[`Tit'►N.�, 1.TANl�B`t7p"i3k2t9't —.
IVANCAAQ A � 3L Tray
{,lJNOAL APPROP IA JON 0991N. G QW T F ��At..�
YEAR ENDiNG SERTEWER .30, 19Q3, AU AM
tNCfi A tt �k RiATtOOOR TH
,:FRNPL "T E44 AfitNG� 40t
Saul ptppt dd Qtdina Molt � �!
office of the city 014M % Ran AMOrlc
fd. ROA Wing hliit�teYB�
All intemsted patties fnay aPPeW at the meeting, and de hearo with
respect to that proposed wdinance(s)•
Should an% pecsatk deans to appear any deriSiori of the City. Cssm•
rniWQ& with: s ect to any matter to be cttt4e1ds►e0 "I0 ihi� m n9.
m�a: (A4 ow ' tangle. thak.a vprtlatim recoto,of the p oceedttt t4 is
Me" 1p4wina an ter lmorii V4 eyidence upon whiff► any a;a wat
m3�c a� tlaaerd,
RALPK C• ONQIE
CITY Ct.", K
CITY OF MIAA11:. RkCA
(Il173ij1
. ... ... ram^.-•.` f r ! t =7. � "� 'i � a x„?{.
ORDlNAt4QA-N0
AN ORQINANCF Ah+t�NR{NA;;f;G t!1 NS 1 `A[Y[6
.
Ahi JUAi. A�PROP1A�fQN, Rf 1NANC R Tt"(g;F G�► ' `
ref
YEAR ENDING SEPTeMS0 3Q..18$3,
INCRURItig PROPgTION FORTHF FoNTE R) F�
HAE
Said proposed Qrdln$t(r�j m k� .44tda� office of the City Clerk ,45_ Pain AMe,
MRrWay ,thrQy!)h Pri0ay go* .. 00ing haaid@�►� {ta�C Q tip 4��lft► �t ��QR
a.m.: t0 `a>t<'QQ P.m, :. • ..: .. � , . .. _.
All interested parties may appear 4 the meetlnp and bQ heard With
V.
respect to the proposed.ordinanoe(s).
Should any person desire to appeal any decision of thp.Clty Crom-
mission with respect to any, mein@r to be oonIIdered pt thf$ rrtegtlnik
that person aholi ensure that a,v+erbatim record'of the prdca@dih9_s is y
made including all testimony and evidence upon which any appeal
i may be based.
RALPH G. QNGIE
CITY CI-ERK
CITY OF.MIA ,1. F�QRII)A
la 1736)
I(CITY SEAL)
1 t 1128 M83.11 aRf1E
C O M M E N T S
Regarding Proposed
Chapter 42, Article 5 of the Code of the City of Miami
known as
"The Towing Company Licensing and Regulating Ordinance
of the City of Miami"
0
Before the Commission of the City of Miami
November 16, 1983
By: � *�
J.D. LARRAZ
General Counsel
Dade County Towservice
Association
Y6Yir�r� j
MOMW
## C 0 M M E N T S
4
Regarding Proposed
Chapter 42, Article 5 of the'Code of the City of Miami
'.1
known as
"The Towing Company Licensing and Regulating Ordinance
' of the City of Miami"
Before the Commission of the City of Miami
November 16, 1983
By:
J. LARRAZ
General Counsel
Dade County Towservice
Association
SYNOPSIS
The proposed Ordinance seeks to:
(1) Delegate authority to the _Chief of Police to
grant annual licenses. Sec. 7(b).
(2) Delegate authority to the City Manager to, upon
hearing, revoke same licenses. Sec. 8(a).
(3) Require tow -operators to post their names,
addresses and phone numbers on their vehicles.
Sec. 8(b)(1).
(4) Require tow -operators to file current rate sche-
dules with the City Clerk and the Police
Department. Sec. 8(b)(2).
(5) Prohibit tow -operators from offering compen-
sation for the granting of contracts. Sec.
8(b)(3).
(6) Require tow -operators to place explicit notice
signs on or about the tow -away sites displaying:
a. The words "Tow -away" zone.
b. The towing hours for said site.
c. The name and telephone number of the
towing company.
d. The address of the storage site. Sec.
8(b)(1) thru (3).
(7) Require towing companies to obtain the express
written or oral instruction of the property
owner (orhis agent) before the removal of
vehicles from his own property. Sec. 8(b)(5).
a. The Ordinance specifically invalidates
prior ,owner consent, including ongoing
contracts, Id.
(8) Require towing companies to notify local law
enforcement of a: vehicle removal within 30
minutes of said removal. Sec. 8(b)(8).
(9), Require towing companies to maintain trip,
records, for each and every vehicle towed. Sec.
8(b)(9).
-2-
�,
(10) Require towing companies to tow all vehicles
directly to their storage site. See 8(b)(10).
(11) Prohibit towing companies from store towed
vehicles at a distance of more than 5 miles from
the tow --away site. Sec. 8(b)(11).
(12) Grant a statutory right of entry upon private
company property to owners of towed vehicleso in
order to permit them to remove private property.
Sec. 8(b)(12).
(13) Prohibit towing companies from using force or
the threat thereof in dealing with vehicle
owners.
(14) Establish supplementary misdemeanor criminal
penalties for violations, up to $500 in fines
and/or 60 days imprisonment. Sec. 9.
ANALYSIS
The Association believes the statute, as written, to be
unwise, to wit:
First, the Ordinance is unconstitutionally overbroad in
its inclusion of all "unit(s) of economic activity",
Sec. 4(a), which engage in the "systemic(sic) pur-
poseful ,activity", Id., of towing vehicles. This
broad class contains no minimum business size under
regulation, no definition of "systemic purposeful
activity", fails to exclude private -citizen one-time
towing or even City towing in emergency cases which
require vehicle removal from private properties.
Second, the Ordinance is unconstitutionally vaque in its,
non -definition of "systemic"; "purposeful activity";
"express instruction", etc.
Third, the Ordinance violates the Florida Constitution
by invalidating private contracts between property
owners and towing companies.
Fourth, the Ordinance prescribes unnecessary double
penalties for Ordinance violations
For the first time, the City seeks to:- impose. -:criminal
penalties upon legitimate - bus'inessmen already
threatened with loss of license for Ordinance viola-
tions.
-3-
g. -
Moreover, many of the offenses proscribed by the
Ordinance (violence, stealing of owner property) are
already prohibited by state statutes relating to
ASSAULT, BATT8RYr and THEFT. Instead the Commission
should address those criminals who trespass upon pri-
vate property and recessitate vehicle removal.
Fifth, the Ordinance imposes unworkable property -owner=
approval requirements. Property -owners wouid be
required to hire 24-hour security guards to personally
approve the removal of each and every vehicle from the
owners' properties.
This requirement will simply increase property owner
costs, which will be passed on to towing companies and
�-
which will ultimately be reflected in higher consumer_
costs for tow -away rates.
CONCLUSION
Because of the Ordinance's defective and coun-
terproductive clauses the Association petitions the City
Commission to defer a final vote until further comment
may be heard from towing businessmen and City of Miami
• property owners who will be directly affected by this
law.
The Commission should direct the City Manager to hold a
second public information session similar to the session
held on September 23, 1983, which was poorly noticed
and, in fact, only attended by twelve persons.
The Association is expressly in favor of licensing and
just regulation. Our spirit of cooperation is ample.
The Association will shortly begin internal policing of
reasonable rates. However, the lowering of such rates
will be impossible in the face of increased operating
costs, the invalidation of contracts and the costs of
protracted litigation.
Respectfully submitted,
_ J.D. LARRAZ, ESQ.
General Counsel
Dade County Towservice Asso.
-4-
!' 7 6,
Moreover, many of the offenses proscribed by the
Ordinance (violence, stealing of owner property) are
already prohibited by state statutes relating to
ASSAULT, BATTERY# and THEFT. Instead the Commission
should address those criminals who trespass upon pri-
vate property and recessitate vehicle removal.
Fifth, the Ordinance imposes unworkable property -owner-
approval requirements. Property -owners would be
required to hire 24-hour security guards to personally
approve the removal of each and every vehicle from the
owners' properties.
This requirement will simply _increase property owner
costs, which will be passed on to towing companies and
which will ultimately be reflected in higher consumer
costs for tow -away rates.
CONCLUSION
Because of the Ordinance's defective and coun-
terproductive clauses the Association petitions the City
Commission to defer a final vote until further comment
may be heard from towing businessmen and City of Miami
property owners who will be directly affected by this
law.
The Commission should direct the City Manager to hold a
second public information session similar to the session
held on September 23, 1983, which was poorly noticed
and, in fact, only attended by twelve persons.
The Association is expressly in favor of licensing and
just regulation. Our spirit of cooperation is ample.
The Association will shortly begin internal policing of
reasonable rates. However, the lowering of such rates
will be impossible in the face of increased operating
costs, the invalidation of contracts and the costs of
protracted litigation.
Respectfully submitted,
00
J.D. LARRAZ, ESQ.
General Counsel
Dade County Towservice Asso.
-4-
9 7 6 9 ,,_