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HomeMy WebLinkAboutPre-Legislation FR/SRCity of Miami Legislation Ordinance: 12828 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 06-00465 Final Action Date; 7/13/2006 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 42/ARTICLE IV/DIVISION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "POLICE/TOWING AND IMMOBILIZATION OF MOTOR VEHICLES/POLICE TOWS," MORE PARTICULARLY 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 SERVICE FOR PRIVATE VEHICLES, AS SPECIFIED IN THE AMOUNTS SET FORTH IN THIS SECTION CONTAINING A REPEALER PROVISION, 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 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. City of Miami Page 1 of 3 File Id: 06-00465 (Version: 2) Printed On: 3/16/2015 File Number: 06-00465 Enactment Number: 12828 (1) Class A: Base rate $ 89700 $ 88.00 i. City or Department of Off -Street Parking administrative charge $ 25.00 ii. Mileage rate -after first five miles, per mile 3.00 (2) Class B: Base rate $430700- $160,00 i. City or Department of Off -Street Parking administrative charge $ 25.00 ii. Mileage rate -after first five miles, per mile 3.50 (3) Class C: Base rate $155.00 $215.00 i. City or Department of Off -Street Parking administrative charge $ 25.00 ii. Mileage rate -after first five miles, per mile 4.50 (4) Class D: Base rate $480.00 $250.00 i. City or Department of Off -Street Parking administrative charge $ 25.00 ii, Mileage rate -after first five miles, per mile 4.50 (b) It is intended that any administrative fees or charges payable to the City or to the Department of 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 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 2. All ordinances or parts of ordinances that are inconsistent or in conflict with the provisions of this Ordinance are repealed. City of Miami Page 2 of 3 File Id: 06-00465 (Version: 2) Printed On: 3/16/2015 File Number: 06-00465 Enactment Number.: 12828 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 3 of 3 File Id: 06-00465 (Version: 2) Printed On: 3/16/2015 City of Miami Legislation Ordinance: 13142 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov,com File Number: 09-01136 Final Action Date; 2/11/2010 AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED (THE "CODE"), TO AUTHORIZE THE INCREASE OF VARIOUS FEES THROUGHOUT THE CODE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. SEE COMPLETE LEGISLATION IN 09-01136 LEGISLATION. SUB.PDF 98 PAGES City of Miami Page 1 of 1 File Id: 09-01136 (Version: 2) Printed On: 3/16/2015 THIS DOCUMENT IS A SUBS1TIVEION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT TH END OF THIS DocumENT. (b) Administrative fee. As a fee payable to the city to offset the, administering of the herein off -duty police services program, the chief of police shall cause to be collected and shall establish procedures for the collection by the city of a fee of $3.00 per -hour, per -man, per -location. Said fee will require a three-hour $9.00 minimum per -man, per - location, (1) Notwithstanding the above, assignments for residential off -duty patrol will be subject to a $10.00 administrative fee. Multiple police officers, days or locations shall be assessed on a per -man, per -job, per - hour basis for contractual employment of off -duty police officers by private persons or firms. (Each shall be subject to the three-hour minimum). This fee shall be in addition to any special assessments which may be required and shall also be in addition to the hourly compensation rate payable to the individual sworn police officer. Monies received hereunder by the city shall be placed in the general fund except that $5.00 of each administrative fee collected shall be placed in the city self-insurance and insurance trust fund. (c) Liability for claims. The city expressly recognizes its ongoing responsibility to provide self-insurance coverage, subject to the maximum amounts provided in F.S. § 768.28, for tort liability and workers' compensation claims arising out of and in the course and scope of assigned off -duty police officers performing law enforcement duties during the period of such assignment. Nothing contained herein shall be deemed to limit the tort liability or subrogation of parties for or on behalf of whom off -duty police services are rendered, or upon whose property these services are performed. Further, nothing contained herein shall be deemed a waiver of any defense or denial of coverage permitted by law. Liability for all civil actions and judgments (excluding individual punitive damages) arising out of claims resulting from the performance of duties unrelated to law enforcement during the period of said assigned off -duty police services shall be borne by the party requesting such off -duty police services. The party for or on behalf of whom such duties unrelated to law enforcement have been rendered shall hold the city, its officers, agents and employees, harmless for any and all claims, demands, actions, causes of action, suits, damages, loss and expenses, judgments, and attorney's fees and costs expended in defense of same, (d) Compensation of officers lirnited. Parties receiving off -duty police services shall not offer, nor shall off -duty police officers accept, any compensation for such off -duty police services or other services above than specified by the chief of police. * ARTICLE IV, TOWING AND IMMOBILIZATION OF MOTOR VEHICLES DIVISION 2. NONCONSENSUAL TOWING OF MOTOR VEHICLES FROM PRIVATE PROPERTY * Clty of Miami Page 76 of 98 Printed Om 10/16/09 THIS DOCUMENT IS A. SVOSTITUTION TO ORIGINAL BAC:KUV, ORIGINAL .CAN DE SEEN AT THE END OF THIS DOCUMENT, Sec. 42-106. Nature of and issuance of license and renewal. (a) A license issued or renewed pursuant to the provisions of this article shall not be transferable from one business enterprise to another business enterprise. All licenses shall expire on September 30 of each year following the date of original issuance. Licenses shall be renewable annually. (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 application by the chief of police and upon collection of license fees by the revenue collection division. (e) Each business enterprise shall be charged $250.00 262.50 annually as a license fee. Sec. 42-109. Penalties. (a) Violations of the prohibitions and regulations of this article 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 conviction shall be punished by a fine not to exceed $500.00 525.00 for the first violation; a fine not to exceed $1,000.00 1050.00 for the second violation; by a fine not to exceed $1,000.00 1050,00 or by imprisonment in the county jail not to exceed 60 days or by both a fine and imprisonment for each successive violation. (b) Any person who charges a vehicle owner a towing or storage charge in excess of the rate described herein is liable to the vehicle owner for three times the amount charged, (c) Any owner or agent of the business enterprise in possession of any private property causing the removal of a vehicle parked on that property is liable to the vehicle owner for double the storage or towing charges whenever the owner or agent fails to comply with the regulations as set forth in section 42-108(b). (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 42-108(a). 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 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. (1) Class A: a, Base rate . . $ 65,00 68.00 City of Miami Page 77 of 98 Printed On:10/16/09 THIS 00CUMENT IS A SUBSTITUTION TO ORIGINAL IIACT(1...1.P., ORIGINAL CAN BE SEEN AT TIIE END OF THIS DOCUMENT, i, Towing agency . , 50.00 52.50 ii. City administrative charge . , 15.00 16.00 (2) Class B: a. Base rate 75,00 79.00 i. Towing agency . . 60.00 63,00 ii. City administrative charge . . 15.00 16.00 (3) Class C: a. Base rate . 100.00 105,00 1. Towing agency . . 8500 89.00 ii. City administrative charge . . 4-5700 16.00 (4) Class D: a. Base rate . -125,00 131,00 i. Towing agency . .. 110.00 115.50 ii. City administrative charge . 15.00 16.00 (5) Towing agency administrative services: a. Basic rate after first 24 hours . 10.00 10.50 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, 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 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 $500700 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, City of Miami Page 78 of 98 Printed On: 10/16/09 TIPS UOCUM ENT IS A To,.0tulGINAt.„ BACKUP. ORIGINAL CAN I'LE SEEN AT Mt END OF ITILS DO(TINI ENT. 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 . . . $ 1.00 4.50 (3) Passenger vehicles, daily rate (up to and including 1/2-ton truck) . . . 12,00 12.50 (4) Large vehicles, daily rate, including trucks over 1/2 ton, boats one charge (with or without trailer), trailers, etc. . , . 12.0012,50 DIVISION 3. IMMOBILIZATION OF MOTOR VEHICLES Sec. 42-117. Requirements for issuance of immobilization license. No property owner or immobilization contractor shall be issued an immobilization license under this article unless there is proof of compliance with each of the following requirements: (1) Notice. a. Notice must be prominently placed at each driveway access or curb allowing vehicular access to the property, within five feet from the public right-of-way line, The letters shall be light -reflective, on a contrasting background and not less than two inches high. b. The notice must be affixed upon a sign structure which shall be permanently installed with the bottom of the sign not less than four feet above ground level and shall be continuously maintained on the property for not fewer than 24 hours before the immobilization of vehicles. It must clearly display the words "Alert: Immobilization/Tow- Away Zone" and indicate that parking is reserved for customers only and unauthorized vehicles will be subject to immobilization and/or towing at the owner's expense. c. The notice must also provide the name and telephone number of the person or firm immobilizing the vehicle, the fee for the removal of the immobilization device, such fee not to exceed a maximum rate of $85.00 89.00(a $60.00 63.00 immobilization contractor fee and a $2500 26.00administrative fee). Acceptable methods of payment shall include cash, U.S. funds and credit card. * * * * (2) Inspection of real property where immobilization is used to enforce parking restrictions. The property owner shall provide access to the city manager or designee in order to inspect the required signs on premises where immobilization is used to enforce parking restrictions. (3) Notification to owner. Prior to immobilization, the property owner's or immobilization contractor's representative shall attempt to notify the owner, operator, or City of Miami Page 79 of 98 Printed On: 10/16/09 THIS HOCUN1 ENT IS A. Stili'STITIYITON To ORICINNI, 11A(.1°.KUP,. OIIIGINAL CAN 111'.: SEWN AT TinFND OF THIS DOCTMENT. person legally in control of the vehicle to retrieve it promptly or the vehicle will be immobilized. (4) Method of immobilization. Immobilization shall be accomplished by placing a steel boot to the front wheel on the driver's side of the motor vehicle. The steel boot may be placed on any other wheel if placement on the front wheel on the driver's side is not feasible. (5) Warning sign requirement. Upon immobilization, the property owner shall affix a warning notice in English, Spanish, and Creole, on the driver's side window of the vehicle, indicating that the vehicle is immobilized and that any attempt to move it will cause damage, and shall provide the telephone number to contact for release of the immobilization device, and the fee for its removal. The city shall provide the property owner or immobilization contractor with a form copy of the warning sign simultaneously with the issuance of its immobilization license. (6) Availability and response time. The property owner or immobilization contractor shall make available on a 24-hour, seven -days -a -week basis, attendants and equipment for the timely release of the immobilization device. The immobilization contractor is required to remove the immobilization device from the vehicle within 30 minutes of a call for said service by the owner of the immobilized vehicle provided payment to remove the device has been made. (7) Towing/removal requirements. An immobilized vehicle shall not remain immobilized on private property for more than 24 hours. After such period of time has expired, the vehicle shall be released from the steel boot and may be towed or removed pursuant to this article, and no fee shall be assessed for release of the immobilization device. (8) Record of contracts. The property owner or immobilization contractor shall file and maintain on record at all times with the city manager or designee a list of any and all current written contracts for immobilization services on private real property within the city limits. The list shall be kept current and shall provide the city with (a) the address of the real property; (b) the date of the agreement; (c) the property owner's name, a contact name and a telephone number at the premises. (9) Insurance. The property owner or immobilization contractor shall file with the city's risk management office and have in effect an insurance policy or certificates of insurance in lieu thereof, which shall indemnify or insure the property owner or immobilization contractor for all claims of damage to property resulting from any action or operation in connection with the service performed, such amount not be less than $20,000.00 for each incident. (10) Record keeping procedures. The property owner or immobilization contractor shall keep an immobilization log with information including but not limited to: date and time the vehicle was observed illegally parked, compliance with this article, the date and time of Immobilization, the location/address of the real property where the immobilization took place, make, model, color and license tag number of the vehicle immobilized. In addition, the immobilization contractor shall include in the log the following release information; verification of vehicle ownership, the name of the person removing steel boot and the name of person requesting tow service, if applicable. Ail files, records, and logs shall be available for inspection on the subject premises during normal working hours by the city manager or designee. Said log shall be submitted to City of Miami Pege 80 of 98 Printed On: 10/16/09 TIPS DOCUMENT IS A SUBSTITUTION TO ()IIIGINAL BACKUP. .0(11GINA L CAN HE s AT il:1E END OF 'flys DociJm the city manager or designee, on a biweekly basis, along with the approRriate administrative fee, as required by this article. (11) Ethics and conduct. The property owner and immobilization contractor shall conduct business in an orderly, ethical, and business -like mariner at all times, and shall use every means to obtain and keep the confidence of the motoring public. All public contact shall be in a courteous and orderly manner. (12) Term of local business fax receipt. The term of an local business tax receipt issued pursuant to this article shall be in accordance with the provisions set forth in chapter 31, article II, of this Code. (13) Rebates. The rebate or payment of money or any other valuable consideration, directly or indirectly from the individual, or firm immobilizing or removing vehicles to the owners or operators of the premises from which the vehicles are immobilized or removed, for the privilege of immobilizing or removing those vehicles, is prohibited, (14) Identification. The immobilization contractor's employees or agents shall wear identification tags, or uniforms with identification, stating the full name of the contractor and the name of the employee or agent; no identification worn by contractor's employees or agents shall use the words "enforcement", "department", "police', or "parking". Said identification shall be prominently displayed on the front left side of the employee's or agent's shirt. The contractor's employees or agents shall not wear uniforms that bear resemblance to police or off-street parking department officers in Miami -Dade County. No badges may be worn by immobilization contractors or staff. All contractor vehicles shall display the contractor name (or name of joint venture or Individual owner or other entity ownership) on the driver and passenger side of the vehicle in letters at least three inches high. The contractor's address (or address of joint venture, or individual owner or other entity ownership) and telephone number shall be displayed on the driver and passenger side of the vehicle in letters at least one Inch high. No contractor shall use the words "enforcement," "department," "police," or "parking" in its contractor name (or name of joint venture, fictitious name, or entity name). (15) Citizen complaints. The immobilization contractor shall respond in writing to any complaints received by the city manager or designee concerning misconduct on the part of contractor or its employees or agents, such as excessive charges, poor business practices, discourteous service, damage to vehicles, and failure to give notice as required by this article. The city manager or designee shall notify the contractor of any complaints within five business days from receipt of the citizen complaint. The contractor shall provide any additional explanation or information with respect to the particular complaint within five days upon notification. A written disposition of the complaint will be forwarded to the contractor and the citizen complainant upon completion of the investigation. Sec. 42-118. Enforcement; exemptions; penalties. (a) Enforcement. The city manager's designee shall enforce the provisions set forth in this division, This does not preclude other law enforcement agencies from any action as deemed necessary to assure compliance with all applicable laws. If an inspector finds a violation of this division, the inspector shall issue a notice of violation to the violator as provided in section 2-823 of this Code. The notice shall inform the violator of the nature City of Miami Page 81 of 98 Printed On: 10/16/09 Tuts DoctinENT IS A. SUIIS'ITUCTRIN TO ORWINAL HA ti P., OR IG IN AL CAN RE SEEN AT THE END OF THIS DOCIIMENT, of the violation, amount of fine for which the violator may be liable, instructions and due date for paying the fine, notice that the violation may be appealed by requesting an administrative hearing within ten days after service of the notice of violation, and that failure to do so shall constitute an admission of the violation and waiver of the right to a hearing. If at any time a property owner or immobilization contractor shall fail or refuse to comply with, or violates any of the provisions of this article, such property owner engaging the services of the immobilization contractor shall be subject to prosecution under the city's code enforcement system, in accordance with the provisions set forth in chapter 2, article X, of this Code, Additionally, the city may seek injunctive relief and/or follow procedures to revoke and/or suspend the local business tax receipt in accordance with the provisions set forth in chapter 31, article II, of this Code, where there are repeated violations of this article. (b) Exemptions. Nothing in this article shall effeet-affect the rules and regulations governing any person or firm engaged in the towing and removal of vehicles parked on private property within the city. (c) Penalties. Penalties for violations of the provisions set forth in this division are hereby established as follows: (I) Fines for violations shall be as follows: First offense .. , $ 100;00-105.00 Second offense . 250.00262.50 Third offense . 60-(100525.00 Fourth offense and all subsequent offenses . , 500,0-0525.00 (2) Revocation of license. The city may also revoke the contractor's business license in accordance with the provisions set forth in chapter 31, article X, of this Code and may be subject to a suit for injunctive relief to enjoin the operation of the contractor in violation of this division. (3) As an additional means for enforcement/collection and supplemental to the above, when a notice or record of any past due penalties which became due and payable to the city after the effective date of Ordinance No. 11858 is recorded in the public records of Miami -Dade County, said notice shall constitute a special assessment lien upon all real and personal property of the contractor owing such penalties, and shall remain a lien equal in rank and dignity with the lien of ad valorem taxes and shall be superior in rank and dignity to all other liens, encumbrances, titles and claims in to or against the property involved. Such liens may be foreclosed or levied upon in the manner provided by law. (4) In addition to the above, a violation of this article shall constitute a misdemeanor and shall be punished by imprisonment not to exceed 60 days or by imposition of a fine not to exceed $500.00 525.00, or both. DIVISION 4. POLICE TOWS City of Miami Page 82 of 98 Printed On: 10/16/09 THIS DOCUMENT IS A • SU RSTITuTioN TO ORIGINAL BACKUP. ORIGINAL, CAN BE SEEN AT ME END OE THIS DOCUMENT,. 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 .. $8870092.00 i. City or department of off-street parking administrative charge .. . 25.0026.00 ii. Mileage rate -after first five miles, per mile . . 3.003.50 (2) Class B: Base rate .. . 160.00168.00 i. City or department of off-street parking administrative charge . . 25,0026.00 ii. Mileage rate -after first five miles, per mile.. (3) Class C: Base rate .. 215.00226.00 i. City or department of off-street parking administrative charge . 25.0026.00 ii. Mileage rate -after first five miles, per mile 1.505.00 (4) Class D: Base rate , . , $250.00262,50 1, City or department of off-street parking administrative charge . . . 25,0026.00 ii. Mileage rate -after first five miles, per mile , . 1.505.00 (b) It is intended that any administrative fees or charges payable to the city or to the department of 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 26,00 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. * ARTICLE V, VEHICLE IMPOUNDMENT Sec. 42-122. Hearings, administrative civil penalty. (a) The owner of the motor vehicle, or his/her agent or authorized representative shall make a written request for a preliminary hearing within five days from the date notice is received then: City of Miami Page 83 of 98 Printed On: 10/16/09 THIS DOCIIrsIENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN HE SEEN AT THE END OF THIS DOCUNIENT, (1) The city shall hold such hearings within ten days of receipt of the written request, excluding Saturdays, Sundays, and legal holidays, before a special master or alternate special master of the city. At the hearing, the city shall have the burden to show that there is probable cause to believe that the motor vehicle is subject to impoundment and continued seizure under section 42-121. The formal rules of evidence shall not apply at the hearing and hearsay and circumstantial evidence is admissible. (2) If, after the hearing, the special master or alternate special master determines that there is probable cause to believe that the motor vehicle is subject to impoundment and continued seizure, he/she shall order the continued impoundment of the vehicle unless the owner or his/her agent or authorized representative pays the city an administrative civil penalty of up to $1,000.00 1050.00, as outlined in subsection 42-121(b)(2), or posts with the city a cash bond in the amount of up to $1,000.00 1050.00, plus the accumulated costs of towing and storing the vehicle. If, after the hearing, there is a finding of no probable cause, the vehicle shall be released forthwith to the owner or his/her agent or authorized representative without the imposition of the administrative civil penalty. (b) At the preliminary hearing, a final hearing may be requested by the owner of his/her agent or authorized representative. The final hearing shall be scheduled and held unless continued by order of the special master or alternate special master no later than 30 days after the date that the vehicle was seized and impounded. At the final hearing, the city shall have the burden to show by a preponderance of the evidence that the vehicle was used as set forth in section 42-121(a)(1) through (5). If, after the hearing, a finding is made that the vehicle is subject to impoundment and seizure pursuant to section 42-121(d) does not apply, then the special master or alternate special master of the city shall enter an order finding the owner of record of the vehicle civilly liable to the city for an administrative civil penalty of up to $1,000700 1050.00, as outlined in subsection 42-121(b)(2) plus towing and storage costs, If, after the hearing, a finding is made that the city did not meet its burden of proof as set forth in the subsection or that one of the exceptions of section 42-121(d) applies, the vehicle shall be returned to the owner along with any cash bond posted. Section 12. Chapter 45 of the Code, is further amended in the following particulars:{1} "CHAPTER 45. PUBLIC ORDER * Sec, 45-8. Prohibition against unconscionable prices (price gouging) during a declared state of emergency. (a) As used in this section: Average retail price means the average price at which similar merchandise or services was sold during the 30 days immediately preceding the declaration of emergency. City of Miami Page 84 of 98 Printed On: 10/16/09 TO IS DOCIAITAT IS A SUBSTITIYEION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT, Commodity means any goods, services, materials, merchandise, supplies, equipment, resources, other article of commerce, and includes, without limitation, food, water, ice, chemicals, petroleum products, and lumber necessary for consumption or use as a direct result of an emergency. State of emergency means an occurrence or threat thereof, whether accidental, natural, or man-made, during times of war or in peace, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property in the city, county, state, and/or nation. Declaration of a state of emergency may be made at the federal, state, county and/or municipal level. (b) It is prima facie evidence that a price is unconscionable if: (1) The amount charged represents a gross disparity between the price of the commodity or rental or lease of any dwelling unit or self -storage facility that is the subject of the offer or transaction and the average price at which that commodity or dwelling unit or self -storage facility was rented, leased, sold, or offered for rent or sale in the usual course of business during the 30 days immediately prior to a declaration of a state of emergency, and the increase in the amount charged is not attributable to additional costs incurred in connection with the rental or sale of the commodity or rental or lease of any dwelling unit or self -storage facility, or national or international market trends; or (2) The amount charged grossly exceeds the average price at which the same or similar commodity was readily obtainable in the trade area during the 30 days immediately prior to a declaration of a state of emergency, and the increase In the amount charged is not attributable to additional costs incurred in connection with the rental or sale of the commodity or rental or lease of any dwelling unit or self -storage facility, or national or international market trends. (c) Upon a declaration of a state of emergency applicable to any portion of the city by the President of the United States, the governor of the state, the mayor of Miami -Dade County, and/or the mayor of the city, it shall be unlawful for a person or business, or their agent or employee, to rent or sell or offer to rent or sell at an unconscionable price, within the area for which the state of emergency is declared, any essential commodity including, but not limited to: food, water, ice, chemicals, petroleum products, lumber, supplies, services, provisions, or equipment, or any dwelling unit or self -storage facility, that is necessary for consumption or use as a direct result of the emergency. This prohibition shall remain in effect until the declaration expires or is terminated. (d) A price increase approved by an appropriate government agency shall not be a violation of this section. (e) This section shall not apply to sales by growers, producers, or processors of raw or processed food products, except for retail sales of such products to the ultimate consumer within the area of the declared state of emergency, (f) In addition to the remedies elsewhere provided in this section, the city manager or his or her designee shall have the authority to institute a civil action in a court of competent jurisdiction: (1) To seek temporary or permanent, prohibitory or mandatory injunctive relief to enforce compliance with or prohibit the violation of this section; (2) To impose and recover a civil penalty in an amount of not more than $10,000.00 10,500.00 for each violation of this section; and City of Miami Page 85 of 98 Printed On: 10/16/09 TUESooct; EN1 IS A ,statsTurtiTtioN O orziCiNAL BACKUP, ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMEN1°. (3) To recover any sums and costs expended by the city in tracing, investigating, preventing, controlling, abating or remedying violation of this section. Each day during which any portion of such violation occurs, constitutes a separate violation, In any such action in which the city prevails, the court shall award the city reasonable attorney's fees. (g) The city manager or his or her designee shall have the power to investigate compliance with the requirements of this section and incident thereto may subpoena witnesses, administer oaths, and require the production of records. (h) Any violation of this section may be enforced by the city in an administrative hearing before a code enforcement board or special master and by the Miami -Dade County state attorney's office. Each occurrence of unconscionable pricing (price gouging) shall constitute a separate violation and/or offense. (i) In addition to the remedies elsewhere provided in this section, any person found guilty of violating any provision of this section may be punished by a fine not to exceed $500.00 for each violation, or may be arrested and/or imprisoned in the county jail for a period not to exceed 60 days, or both. Section 13, Chapter 53 of the Code, is further amended in the following particulars:{1} "CHAPTER 53. STADIUMS AND CONVENTION CENTERS ARTICLE 1. IN GENERAL Sec. 53-1. Ticket surcharge on paid admissions to events. (a) Applicability. (1) To certain facilities. A ticket surcharge shall be imposed against all paid admissions to city facilities, including, without limitation, the Orange Bowi Memorial Stadium, the Marine Stadium, the Coconut Grove Expo Center, the Miami Convention Center, and the Bayfront Park Amphitheater. Said surcharge shall additionally apply where admission is charged for events conducted in city parks, facilities therein, and/or community centers. However, no ticket surcharge shall be imposed upon any event held at the Manuel Artime Community Center, regardless of paid admisSions. Unless specifically exempted below, and for the purposes of this section, "events" shall include activities, programs, concerts, festivals, parties, meetings and other gatherings for whatever social, entertainment, cultural, sport or other purpose and for which attendees are expected to pay or make a donation in order to attend. The application of the ticket surcharge shall commence upon the effective date of this section, except for those events for which advance ticket sales have the prior approval of the city manager, or designee. (2) Exemptions. The following activities as defined herein shall be exempted from the application of the ticket surcharge on paid admissions: City of Miami Page 86 of 98 Printed On: 10/16/09