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3500 Pan American
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Miami, FL 33133
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File Number: 13-00056 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
42/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
("CITY CODE"), ENTITLED "TOWING AND IMMOBILIZATION OF MOTOR
VEHICLES," MORE PARTICULARLY BY AMENDING SECTION 42-110 BY
ADJUSTING THE MAXIMUM TOW RATES ALLOWED FOR THE RECOVERING,
TOWING, REMOVING AND STORING OF MOTOR VEHICLES PARKED ON
PRIVATE PROPERTY WITHOUT THE PERMISSION OF THE OWNER, AS
SPECIFIED IN THE AMOUNTS SET FORTH IN THIS SECTION; AND BY
AMENDING SECTION 42-119 OF SAID CITY CODE BY ADJUSTING THE
MAXIMUM TOW RATES ALLOWED FOR THE RECOVERING, TOWING,
REMOVING AND STORING OF MOTOR VEHICLES FOR THE POLICE
DEPARTMENT AND MIAMI PARKING AUTHORITY DISPATCHED TOWING AND
WRECKER SERVICES, AS SPECIFIED IN THE AMOUNTS SET FORTH IN THIS
SECTION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. Chapter 42/Article IV/Division 4 of the Code of the City of Miami, Florida, as amended,
is amended in the following particulars :{ 1}
"CHAPTER 42
POLICE
ARTICLE IV. TOWING AND IMMOBILIZATION OF MOTOR VEHICLES
* * * *
DIVISION 2. NONCONSENSUAL TOWING OF MOTOR VEHICLES FROM PRIVATE PROPERTY.
* * * *
Sec. 42-110. Maximum towing and storage rates for nonconsensual towing of vehicles from private
property.
(a) Towing rates per wrecker class. Towing rates set forth in this article section 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
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File Number: 13-00056
requirements of the towed vehicle, rather than the actual wrecker class utilized. Base rates shall
include hookup, unlocking door, if necessary, and towing. City administrative fees are charged,
among other things to cover the administrative costs of performing title and lien searches, advertising,
and notifications of lien holders and owners of the whereabouts and charges against a vehicle.
(1) Class A:
a. Base rate $ 68.00 $101.00
Towing agency 52.50
• City administrative charge $16.00 $30.00
(2) Class B:
a. Base rate 79.00 $165.00
Towing agency 63.00
• City administrative charge 16.00 $30.00
(3) Class C:
a. Base rate 105.00 $235.00
Towing agency 89.00
• City administrative charge 16.00 $30.00
(4) Class D:
a. Base rate $ 131.00 $300.00
Towing agency 115.50
• City administrative charge 16.00 $30.00
(5) Towing agency administrative services:
a. Basic rate after first 24 hours 10.50
$20.00
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
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.
Towing agency administrative service fees may not be imposed if the vehicle has been
in storage for less than twenty-four hours (24hrs.)
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 justify the additional charges. All mailing 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
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the towing agency during the first 24 hours of impoundment. Failure to comply with the
owner/lienholder notification provisions, as required by F.S. §§ 715.05 and 713.78,
shall void any and all claims of storage charges by the towing 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
administrative 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 $525.00. 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 enterprise as set forth in section 42-109.
(b) Storage rates. Daily rates for vehicle storage 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 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 $ 4.50
{3) Passenger vehicles., daily rate (up to and indud'ing 'I4l-t-•on cruc"
{4) Large vehicles, daily rate, including trucks over'/2 ton, boats one charge (with or
without trailer), trailers, etc. 12.50
(1) Daily outdoor storage -vehicles 20' or less $20.00
After first 6 hours (Chargeable in 24-hour increments)
(2) Daily outdoor storage - vehicles longer than 20' $35.00
After first 6 hours (Chargeable in 24-hour increments)
(3) Daily outdoor storage - small personal vehicles $10.00
(i.e., motorcycles, ATV's, scooters, etc.) After first 6 hours (Chargeable in 24-hour
increments)
(4) Daily indoor storage - vehicles 20' or less $25.00
After first 6 hours (Chargeable in 24-hour increments)
(5) Indoor storage rates may only be charged upon the direction and authorization of
the owner, lien holder, insurance company representative or investigating police
agency.
Daily indoor storage - vehicles longer than 20 $40.00
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After first 6 hours (Chargeable in 24-hour increments)
(6) Indoor storage rates may only be charged upon the direction and authorization of
the owner, lien holder, insurance company representative or investigative or
investigating police agency.
Daily indoor storage - small personal vehicles $12.00
(i.e., motorcycles, ATV's, scooters, etc.) After first 6 hours (Chargeable in 24-hour
increments) Indoor storage rates may only be charged upon the direction and
authorization of the owner, lien holder, insurance company representative or
investigating police agency.
DIVISION 4. POLICE TOWS.
Sec. 42-119. Maximum towing and storage rates for police department and department of off street
parking Miami Parking Authority dispatched towing and wrecker service for private vehicles.
(a) Towing rates per wrecker class. Towing rates set forth in this section shall be posted in easily
readable form at the customer's point of payment. The following rates are the maximum allowable for
police and department of off-street parking Miami Parking Authority dispatched towing and wrecker
service for private vehicles. 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. City administrative fees are charged, among other things to cover the
administrative costs of performing title and lien searches, advertising, and notifications of lien holders
and owners of the whereabouts and charges against a vehicle.
(1) Class A:
Base rate
$ 92.00 $101.00
i. City or department of off-street parking Miami Parking Authority administrative charge
26.00 $30.00
ii. Mileage rate -after first five miles, per mile $3.50
(2) Class B:
Base rate $168.00 165.00
i. City or department of off-street parking Miami Parking Authority administrative charge
26.00 $30.00
ii. Mileage rate -after first five miles, per mile $4.00
(3) Class C:
Base rate 226.00 $235.00
i. City or department of off-street parking Miami Parking Authority administrative charge
26.00 $30.00
ii. Mileage rate -after first five miles, per mile $5.00
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(4) Class D:
Base rate $ 262.50 $300.00
i. City or department of off street parking Miami Parking Authority administrative charge
26.00 $30.00
ii. Mileage rate -after first five miles, per mile $5.00
(b) It is intended that any administrative fees or charges payable to the City or to the Department of
Off -Street -Parking Miami Parking Authority, directly or indirectly, included in the maximum towing fees
included in any contract or agreement in effect in the City be ratified and confirmed at the $26.00
$30.00 rate for the City administrative charge or Department „f Off_Street Parking Miami Parking
Authority administrative charge which is set forth above. All acts and proceedings, including
enforcement procedures, taken in connection with the imposition of the administrative fee or charge
as included in the maximum rates charged for Department „f Off_Street Parking Miami Parking
Authority dispatched towing before the date this section becomes a law are ratified, validated and
confirmed, and the administrative fee is declared to be legal and valid in all respects from the date
that it was charged, billed or collected.
(c) Storage rates. Daily rates for vehicle storage 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 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) Daily outdoor storage -vehicles 20' or less $20.00
After first 6 hours (Chargeable in 24-hour increments)
(2) Daily outdoor storage - vehicles longer than 20' $35.00
After first 6 hours (Chargeable in 24-hour increments)
(3) Daily outdoor storage - small personal vehicles $10.00
(i.e., motorcycles, ATV's, scooters, etc.) After first 6 hours (Chargeable in 24-hour
increments)
(4) Daily indoor storage - vehicles 20' or less $25.00
After first 6 hours (Chargeable in 24-hour increments)
(5) Indoor storage rates may only be charged upon the direction and authorization of
the owner, lien holder, insurance company representative or investigating police
agency.
Daily indoor storage - vehicles longer than 20 $40.00
After first 6 hours (Chargeable in 24-hour increments)
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(6) Indoor storage rates may only be charged upon the direction and authorization of
the owner, lien holder, insurance company representative or investigative or
investigating police agency.
Daily indoor storage - small personal vehicles $12.00
(i.e., motorcycles, ATV's, scooters, etc.) After first 6 hours (Chargeable in 24-hour
increments) Indoor storage rates may only be charged upon the direction and
authorization of the owner, lien holder, insurance company representative or
investigating police agency.
*11
Section 2. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 3. This Ordinance shall become effective immediately after final reading and adoption
thereof. {2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
Footnotes:
{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} 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.
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