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Ordinance
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Miami, FL 33133
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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
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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
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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
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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.
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