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HomeMy WebLinkAboutOrdinanceCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 10-01006 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 POLICE DEPARTMENT AND DEPARTMENT OF OFF-STREET PARKING 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 2 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 requirements of the towed vehicle, rather than the actual wrecker class utilized. Base rates shall City of Miami Page 1 of 4 File Id: 10-01006 (Version: 1) Printed On: 9/27/2024 File Number: 10-01006 include hookup, unlocking door, if necessary, and towing. (1) Class A: a. Base rate $ 68.00 $134.00 i. Towing agency 52.50 $104.00 ii, City administrative charge 16.00 $30.00 (2) Class B: a. Base rate 79.00 $198.00 i. Towing agency 63.00 $168.00 ii, City administrative charge 16.00 $30.00 (3) Class C: a. Base rate 105.00 $268.00 i. Towing agency 89.00 $238.00 ii, City administrative charge 16.00 $30.00 (4) Class D: a. Base rate $ 131.00 $338.00 i. Towing agency 115.50 $308.00 ii, 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 (24 hours) 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 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 City of Miami Page 2 of 4 File Id: 10-01006 (Version: 1) Printed On: 9/27/2024 File Number: 10-01006 vehicle. (6) There will be no other fees of any kind for the release of a vehicle to its owner after towing. DIVISION 4. POLICE TOWS AND DEPARTMENT OF OFF-STREET PARKING TOWS Sec. 42-119. Maximum towing and storage rates for police department -and Department of Off -Street Parking 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 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. (1) Class A: Base rate $ 92.00 $104.00 i. City or department of off-street parking administrative charge 26.00 $30.00 ii. Mileage rate -after first five miles, per mile $3.50 (2) Class B: Base rate 168.00 i. City or department of off-street parking administrative charge 26.00 $30.00 ii. Mileage rate -after first five miles, per mile $4.00 (3) Class C: Base rate 226.00 $238.00 i. City or department of off-street parking administrative charge 26.00 $30.00 ii. Mileage rate -after first five miles, per mile $5.00 (4) Class D: Base rate $ 262.50 $308.00 i. City or department of off-street parking 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 City of Miami Page 3 of 4 File Id: 10-01006 (Version: 1) Printed On: 9/27/2024 File Number: 10-01006 Off -Street Parking, 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 $25.00 30.00 rate for the City administrative charge or Department of Off -Street Parking 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 of Off-Street_Parking 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. *11 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 immediately after final reading and adoption thereof. {2} 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. City of Miami Page 4 of 4 File Id: 10-01006 (Version: 1) Printed On: 9/27/2024