HomeMy WebLinkAboutO-13766City of Miami
Ordinance 13766
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 2889 Final Action Date: 5/10/2018
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
42/ARTICLE IV/DIVISION 3 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, ENTITLED "POLICE/TOWING AND IMMOBILIZATION OF
MOTOR VEHICLES/IMMOBILIZATION OF MOTOR VEHICLES," MORE
PARTICULARLY BY AMENDING SECTIONS 42-117 THROUGH 42-118 TO
CLARIFY EXISTING REQUIREMENTS AND PROVIDE ADDITIONAL
REGULATIONS RELATING TO THE IMMOBILIZATION/BOOTING OF MOTOR
VEHICLES ON PRIVATE PROPERTY; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
SPONSOR(S): Commissioner Ken Russell
WHEREAS, the City Commission is expressly authorized to enact the provisions below
in accordance with Florida Statute Section 166.043(1)(b); and
WHEREAS, the City of Miami ("City") has become aware of certain issues regarding the
reasonable and effective operation of immobilization/booting contractors within the City; and
WHEREAS, the City has reviewed its existing regulations regarding the
immobilization/booting of vehicles and has determined that it is appropriate to revise and update
the regulations applicable to immobilization/booting to reflect the current standards of the
community; and
WHEREAS, the City Commission finds that revising the City's immobilization/booting
regulations is in the best interests of the City, its residents, and its visitors;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as fully set forth in this Section.
Section 2. Chapter 42/Article IV/Division 3 of the Code of the City of Miami, Florida, as
amended, is amended in the following particulars:1
"CHAPTER 42
POLICE
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.
City of Miami Page 1 of 11 File ID: 2889 (Revision: F) Printed On: 3/31/2025
File ID: 2889 Enactment Number: 13766
ARTICLE IV. TOWING AND IMMOBILIZATION/BOOTING OF MOTOR VEHICLES
DIVISION 3. IMMOBILIZATION/BOOTING OF MOTOR VEHICLES
Sec. 42-116. Licenses required.
(a) Local business tax receipt required. Nde It shall be unlawful for any property owner or
immobilization/booting contractor &hall to engage in the business of immobilization of motor
vehicles parked on private property without permission or authority unless such property owner
or immobilization/booting contractor shad4 first obtains a local business tax receipt in
accordance with the provisions set forth in chapter 31, article II of this Code.
(b) Immobilization/booting license required. is-4-9 It shall be unlawful for any property owner or
immobilization/booting contractor s.hald to engage in the business of immobilization/booting of
motor vehicles that arc parked on private property without permission or authority unless such
property owner or immobilization/booting contractor s#ad4 first apply applies for and obtains an
immobilization/booting license, hereinafter known as a "License".
Sec. 42-117. Requirements for issuance of immobilization tLicense.
No property owner or immobilization/booting contractor shall be issued a immobilization
ILicense under this article unless there is proof of compliance with each of the following
requirements:
{1) Notice.
a. Noticc must be prominently placed at each driveway access or curb allowing
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 leaf 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
n
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 $89.00 (a $63.00 immobilization contractor fee and a
$26.00 administrative fee). Acceptable methods of payment shall include cash, U.S.
funds and credit card.
d. The notice shall read substantially as follows (with the designated information to be
inserted at the indicated spaces):
{insert international symbol)
ALERT!
IMMOBILIZATION/TOW AWAY ZONE. ENTERING PRIVATE PROPERTY, PARKING
PERMITTED FOR CUSTOMERS ONLY. IF YOU PARK YOUR VEHICLE AND LEAVE
THE PREMISES, YOUR VEHICLE WILL BE IMMEDIATELY IMMOBILIZED AND
SUBJECT TO A (insert fee) FEE FOR RELEASE OF VEHICLE OR TOWED AT YOUR
EXPENSE. IMMOBILIZATION PERFORMED BY: (insert name, address and telephone
number to call to request removal of the immobilization device).
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File ID: 2889 Enactment Number: 13766
c. The immobilization contractor shall pay the city a $25.00 administrative fee for each
vehicle immobilized pursuant to this article. The administrative fee is due and payable to
the city on a biweekly basis.
{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
pestrictions.
{3) Notification to owner. Prior to immobilization, the property owner's or immobilization
contractor's representative shall attempt to notify the owner, operator, or person legally
in control of the vehicle to retrieve it promptly or the vehicle will be immobilized.
{1) 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.
vehicle, indicating that the vehicle is immobilized and that any attempt to move it will
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 issuaa„ce-ef-its immobilization license.
{6) Availability and response time. The property owner or immobilization contractor shall
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 21 hours. After such period of time has expired, the
vehicle shall be released c from
the steel boot and may be towed or removed pursuant to
thitarti s-cle,T-and no fee shah -kid' a-.�s..l.'� sed fnr release of Oho immobilization device
{8) Record of contracts. The property owner or immobilization contractor shall file and
rnaintain 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 providc 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 filc with thc 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 le-s than
$20,000.00 for each incident.
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/addresc 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. All files, records, and logs shall be
availablc for inspcction on thc subjcct premises during normal working hours by the city
City of Miami Page 3 of 11 File ID: 2889 (Revision: F) Printed on: 3/31/2025
File ID: 2889 Enactment Number: 13766
manager or designee. Said log shall be submitted to the city manager or designee, on a
{11) Ethics and conduct. The property owner and immobilization contractor 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 tax 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.
WI) Identification. The immobilization contractor's employees or agents shall wear
identification tags, or uniforms with identification, stating the full name of the contractor
or agents shall use the words "enforcement", "depa taaacnt"", police"er "parking" SwJ
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 compla+4s. The immobilization contractor shall respond in writing to any
complaints received by the city manager or designee concerning misconduct on the part
of rtractor ts-ployeess or agents, such as excessi„e charges poor business
practices, discourteous service, damage to vehicles, and failure to give noticc as
required by this article. The city manager or designee shall notify the contractor of any
complaints within five busine-s days from receipt of the citizen complaint. The contractor
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.
(a) Application. All business enterprises desiring to obtain an initial License or renew a
previously issued and unrevoked License shall submit an application in writing to the Finance
Department on all prescribed forms. The application and all supporting documents shall be
retained by the Finance Department. 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 corporation 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 the business address.
(3) If the business enterprise is a partnership, the fictitious name under which the
partnership may be doing business and the name and business address of each partner.
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(4) If the business enterprise is a sole proprietorship, the fictitious name under which the
sole proprietorship may be doing business and the name and business address of the
natural person who owns, controls, or directs the sole proprietorship.
(5) The signature of the president or vice-president of the applicant corporation, 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, as applicable.
(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
issuance or renewal of a License hereunder where the Chief of Police finds:
(1) That the application has been fully completed and submitted;
(2) That the application has been fully examined and considered by the Miami Police
Department ("MPD");
(3) That the applicant business enterprise, if a corporation, 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 the application;
(4) That the applicant business enterprise, if a partnership, 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 suspended License or has had its License revoked by
action of the City Manager within five (5) years of the date of the application;
(5) 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 the application; and
(6) That a License of the applicant is not currently under suspension.
(c) Inspection of real property where immobilization/booting is used to enforce parking
restrictions. The property owner shall provide access to the City Manager or designee for the
City's representative to inspect the required signs on Premises where immobilization/booting is
used to enforce parking restrictions.
Sec. 42-118. General requirements for vehicle immobilization/booting contractors; signage;
Unattended lots requirements; enforcement; exemptions; penalties.
(a) General Requirements.
(1) It shall be unlawful for a vehicle immobilization/booting contractor to procure a License by
fraudulent conduct or a false statement of a material fact.
(2) It shall be unlawful for a vehicle immobilization/booting contractor to pay in the form of a
gratuity any person for information as to illegally parked vehicles.
(3) It shall be unlawful for a vehicle immobilization/booting contractor or property owner to pay
or receive money, or solicit or accept the payment or receipt of money or other valuable
consideration, for the right to engage in vehicle immobilization on a particular property. Any
such payment shall be considered a kickback.
(4) It shall be unlawful for a vehicle immobilization/booting contractor to charge fees in excess
of those set out in Section 42-118(c).
(5) It shall be unlawful for a vehicle immobilization/booting contractor to immobilize any vehicle
located on any portion of a public street within the City.
(6) Prior to immobilization/booting, the property owner's or immobilization/booting contractor's
representative shall attempt to notify the owner, operator, or person legally in control of the
vehicle to retrieve it promptly before any booting/immobilization. A verbal warning shall
satisfy the requirements of this paragraph.
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(7) Immobilization/booting shall be accomplished by placing one (1) or more steel boots on the
wheel(s) of the motor vehicle.
(8) Upon immobilization/booting, the booting/immobilization contractor shall immediately affix a
warning notice in English, Spanish, and Creole on the driver's side window of the vehicle
indicating that the vehicle is immobilized/booted, any attempt to move the steel boot will
cause damage, providing the telephone number to contact for release of the
immobilization/booting device, and the fee for the removal of the steel boot. The City shall
provide the immobilization/booting contractor with a form copy of the warning sign
simultaneously with the issuance of its License.
(9) An immobilized/booted vehicle that remains immobilized/booted on private property for more
than twenty-four (24) hours shall be assessed a fine of up to $25.00 per day that the vehicle
remains on the lot and/or may be towed at the discretion of the owner of the Premises.
(10) A vehicle immobilization/booting contractor must maintain a twenty-four (24) hour a day,
three hundred sixty-five (365) days per year phone number that is staffed by a live operator
to communicate immediately with the owner, operator, or person legally in control of the
vehicle that has been immobilized/booted by the vehicle immobilization/booting service.
(11) It shall be unlawful for a vehicle immobilization/booting contractor to immobilize vehicles
at any Premises, off-street parking facility, vacant lot, or other private property without
having a valid written contract specifically for such services entered into with the private
property owner or lawful lessee thereof.
(12) It shall be unlawful for a vehicle immobilization/booting service or operator to fail to arrive
on the site where it has immobilized/booted a vehicle within thirty (30) minutes of being
contacted by the owner, driver, or person in charge of the vehicle. It shall also be unlawful
for a vehicle immobilization/booting contractor to fail to release vehicles from
immobilization/booting within thirty (30) minutes after receipt of payment from the owner,
operator, or person legally in control of the vehicle that has been immobilized/booted by a
vehicle immobilization/booting device. Acceptable methods of payment shall include cash,
credit cards, and debit cards.
(13) It shall be unlawful for a vehicle immobilization/booting contractor to fail to provide a
receipt of payment of the booting fee to the owner, operator, or person legally in control of
the vehicle. The receipt shall be sequentially numbered and have the name, address, and
phone number of the vehicle immobilization/booting service or company and the name and
signature of the person who applied/removed the boot or vehicle immobilization/booting
device. The receipt shall also include a telephone number for the Miami Police Department
Wrecker Detail which is responsible for receiving complaints with respect to immobilization/
booting. Any such complaints shall be addressed by the City Manager or designee, as
provided in Section 42-118(v). No charge shall be imposed for the booting of a vehicle
unless and until the requirements of this Section have been met. Any such unlawful charge
shall be reimbursed by any person found to have violated this Section.
(14) In the event that the application of a vehicle immobilization/booting device damages a
vehicle, then the immobilization/booting contractor must pay the cost of repairs for that
damage.
(15) In the event that the owner, operator, or person legally in control of the vehicle to which
an immobilization/booting device has been applied attempts to operate said vehicle or
remove the device, then the vehicle immobilization/booting contractor is not liable for any
damage to that vehicle. Additionally, the owner, operator, or person legally in control of the
vehicle will be liable to the vehicle immobilization/booting service for the cost of damage to
the vehicle immobilization/booting device.
(16) The property owner or immobilization/booting contractor shall file with the City's Risk
Management Department and have in effect at all times an insurance policy or certificates of
insurance in lieu thereof which shall indemnify or insure the property owner or
immobilization/booting contractor for all claims of damage to property resulting from any
City of Miami Page 6 of 11 File ID: 2889 (Revision: F) Printed on: 3/31/2025
File ID: 2889 Enactment Number: 13766
action or operation in connection with the service performed, such amount to not be less
than $20,000.00 for each incident.
(17) The property owner or immobilization/booting 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/booting services on private real property within the City limits. The list
shall be kept current and shall provide the City with (i) the address of the real property, (ii)
the date of the agreement, (iii) the Property owner's name, and (iv) contact information
including a name and telephone number at the Premises.
(18) The immobilization/booting contractor shall keep an immobilization/booting log with
information including but not limited to date and time the vehicle was observed illegally
parked; compliance with this Article; date and time of immobilization/booting;
location/address of the real property where the immobilization/booting took place; make,
model, color, and license tag number of the vehicle immobilized/booted; and receipt number
issued to the owner, operator, or person legally in control of the vehicle. In addition, the
immobilization/booting contractor shall include in the log verification of vehicle ownership,
the name of the person removing the steel boot, and the name of the person requesting tow
service, if applicable. All 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 the City Manager or designee on a bi-weekly basis along with the
appropriate administrative fee as required by this Article. Upon procurement by the City of
an electronic centralized reporting system, the immobilization/booting contractor shall be
required to submit such information in electronic format to the City's centralized reporting
system.
(19) The immobilization/booting contractor shall call the MPD within thirty (30) minutes after
completion of immobilizing a vehicle and notify the MPD of the immobilization/booting; the
site; the time the vehicle was immobilized/booted; and the make, model, color, and license
plate number of the vehicle. The immobilization/booting contractor shall obtain the name of
the person at the MPD to whom such information was reported and note it in its
immobilization/booting log. Upon procurement by the City of an electronic centralized
reporting system, the immobilization/booting contractor shall be required to submit such
information in electronic format to the City's centralized reporting system.
(20) The immobilization/booting contractor shall conduct business in an orderly, ethical, and
business -like manner 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.
(21) The immobilization/booting 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 a 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. No badges may be worn by immobilization/booting
contractors, employees, or staff. All vehicles used in connection with the
immobilization/booting of vehicles shall be registered and insured in the name of the
immobilization/booting contractor. All of the immobilization/booting contractor's vehicles
shall display the contractor's name (or name of joint venture or individual owner or other
entity ownership) on the driver's and passenger's side of the vehicle in letters at least three
(3) inches high. The contractor's address (or address of joint venture, individual owner, or
other entity ownership) and telephone number shall be displayed on the driver's and
passenger's side of the vehicle in letters at least one (1) inch high. All such lettering required
above shall be permanently affixed to the vehicle. Magnetic signs or lettering are not
City of Miami Page 7 of 11 File ID: 2889 (Revision: F) Printed on: 3/31/2025
File ID: 2889 Enactment Number: 13766
permissible. 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).
(22) The immobilization/booting contractor shall respond in writing to any complaints received
by the City Manager or designee concerning misconduct on the part of the
immobilization/booting contractor or its employees or agents, such as excessive charges,
poor business practices, discourteous service, damage to vehicles, or failure to give notice
as required by this Article. The City Manager or designee shall notify the
immobilization/booting contractor of any complaints within five (5) business days from
receipt of the complaint. The immobilization/booting contractor shall provide any additional
explanation or information with respect to the particular complaint within five (5) days upon
notification. A written disposition of the complaint will be forwarded to the
immobilization/booting contractor and the complainant upon completion of the investigation.
(23) No immobilization/booting contractor shall employ or otherwise compensate individuals,
commonly referred to as "spotters," who report the presence of unauthorized parked
vehicles for purposes of immobilization/booting.
(24) It shall be unlawful for an immobilization/booting contractor to immobilize/boot a vehicle
except upon the Express Instruction and written authorization demonstrating a signature of
the Property owner or agent authorizing the immobilization/booting of the vehicle. For
purposes of this Subsection, the term "Express Instruction" shall mean a clear, definite, and
explicit written request by a property owner or agent to a business enterprise relating to a
specific vehicle which calls for the immobilization/booting of a specific and individual vehicle
parked without permission of the property owner. Such agent shall not be an officer or
employee of the immobilization/booting contractor. 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. Express Instruction shall not be deemed to have been
given by the mere posting of the notice requirement set forth below. Express Instruction
shall not be deemed to have been given by virtue of the mere terms of any contract or
agreement between an immobilization/booting contractor and a property owner. Express
Instruction shall not be deemed to have been given where the instruction occurs in advance
of the actual unauthorized parking of the vehicle. Express Instruction shall not be deemed
to have been given where the instruction is general in nature and unrelated to specific,
individual, and identifiable vehicles which are already parked without authorization.
(b) Signage Requirements.
(1) Signs must be prominently placed at each driveway access or curb allowing vehicular
access to the property within five (5) feet from the public Right -of -Way line. The signs shall
be light -reflective with lettering that is not less than two (2) inches high. Where there is no
designated entrance, such signs shall be clearly visible from each and every parking space.
(2) The signs must be affixed upon a sign structure which shall be permanently installed with
the bottom of the signs not less than four (4) feet above ground level and shall be
continuously maintained on the property for not fewer than twenty-four (24) hours before the
immobilization/booting of vehicles. Where there is no designated entrance, such signs shall
be six (6) feet above site grade. There shall be two (2) signs on the Premises, sign "A" and
sign "B". They may be mounted on the same pole with Sign "A" on top. Sign "A" shall
appear substantially as follows:
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(3)
Sign "B" shall contain the following information:
i. In letters at least two (2) inches high, that unauthorized vehicles will be immobilized or
towed away at the owner's expense;
ii. In letter at least four (4) inches high, the words immobilization/tow away zone;
iii. In letters at least two (2) inches high, the days of the week and hours of the day
during which vehicles will be booted;
iv. In letters at least one (1) inch high, the fee to remove a steel boot from a vehicle;
v. In letters at least one (1) inch high, the name and address of the person performing
the booting service;
vi. In letters at least two (2) inches high, the telephone number to call and the on -site
location (if applicable) where a person can go to request a steel boot to be removed from
a vehicle; and
vii. In letters at least three -fourths of an inch high, MIAMI POLICE DEPARTMENT
WRECKER DETAIL NUMBER: (insert current telephone number).
(4) All signage required by this Article shall comply with all other applicable laws and
regulations.
(c) Maximum immobilization/booting rates.
(1) The maximum rate for removal of an immobilization/booting or Boot Device on private
property that may be collected from the vehicle owner/operator is $49.99.
(2) The immobilization/booting contractor shall pay an annual administrative fee to the City as
determined by the City Manager and noticed to the public.
(3) The maximum rate for removal of an immobilization/booting or Boot Device on private
property when the immobilization/booting contractor is still at the scene that may be collected
from the vehicle owner/operator is $25.00.
(d) Unattended Parking Lot Requirements.
For purposes of this Section, the term "Unattended Parking Lot" shall mean a privately -owned
legally operating parking facility, whether a surface lot, garage, structure, or temporary parking
lot whose parking inventory is made available to the general public in exchange for
consideration, which is not secured by a parking access control system such as an arm barrier
or like system, and which is not supervised by on -site parking lot attendant or security
personnel.
No Unattended Parking Lot owner or operator shall be permitted to utilize an
immobilization/booting contractor unless they meet the following criteria:
(1) All Unattended Parking Lots must use a pay by phone system as the exclusive payment
system. No other payment systems are permitted.
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File ID: 2889 Enactment Number: 13766
(2) Prior to giving an immobilization/booting contractor express instruction to immobilize/boot a
vehicle due to an expired parking session, the Unattended Parking Lot owner or operator must
first give users of the parking lot the option to extend the parking session by mobile application,
mobile web, web page, or toll -free number at least thirty (30) minutes before the parking session
expires. It shall be unlawful for an immobilization/booting contractor to immobilize/boot a vehicle
for an expired parking session unless the Unattended Parking Lot owner or operator first alerts
the parking lot user via text message that the parking session will expire in twenty (20) minutes.
(3) All Unattended Parking Lot owners or operators must confirm on an application if a vehicle's
license plate is paid in the operator's system prior to giving Express Instruction to
immobilize/boot a vehicle.
(4) If the application is not operational, the Unattended Parking Lot owner or operator must
pull/print the paid vehicle report. The Unattended Parking Lot owner or operator may then audit
the lot and give Express Instruction to immobilize/boot vehicles whose tags are not on the paid
list.
(5) The Unattended Parking Lot must provide signage in addition to the requirements above
that inform the motor vehicle owner or operator how to utilize the pay by phone system along
with a toll -free number. The sign shall not instruct the motor vehicle owner or operator to
display a parking receipt on the dash of any vehicle.
(6) A motor vehicle owner or operator who provides proof of payment shall not be subject to
immobilization/booting. If such a vehicle is immobilized/booted, the immobilization/boot device
must be released within thirty (30) minutes by the immobilization/booting contractor at no charge
to the owner, operator, or person legally in control of the vehicle.
(7) The Unattended Parking Lot owner or operator must hold a valid permit, certificate of use
and a business tax receipt in accordance with Section 35-282 of this Code.
(e) Enforcement; exemptions; penalties.
(1) 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 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/booting 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/booting 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.
(2) Exemptions. Nothing in this article shall 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.
(3) 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 $ 105.00 125.00.
Second offense $ 262.50 250.00.
Third offense 525.00 500.00.
Fourth offense and all subsequent offenses 525.00 500.00.
City of Miami Page 10 of 11 File ID: 2889 (Revision: F) Printed on: 3/31/2025
File ID: 2889 Enactment Number: 13766
(ii) Revocation or suspension of immobilization/booting license. The city may also revoke or
suspend the contractor's business an immobilization/booting license, in accordance with tho
provisions set forth in chapter 31, article X, of this Code and On its own motion or the written
complaint of any person, the Police Department may investigate the action of a
immobilization/booting contractor licensed under this Article and cause to be conducted a
proceeding before the City Manager, or his designated representative, to consider whether or
not to revoke or suspend a license. Such license revocation or suspension proceeding shall be
conducted substantially in accordance with the hearing provisions of the City Code. A finding of
fact by the City Manager or designee that a licensed business enterprise has not complied with
a regulation 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. In addition, the City may be
subject to file a suit for injunctive relief to enjoin the operation of the contractor in violation of this
division.
(iii) 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.
(iv) In addition to the above, a violation of this article chall constitutc a-mi€demeanor and sha�4
may be punished by imprisonment not to exceed 60 days or by imposition of a fine not to
exceed $52-5-500.00, or both.
(v) Revocation of Business Tax Receipt. The City may also revoke the contractor's business
tax receipt in accordance with the provisions set forth in Chapter 31, Article X, of this Code.
*„
Section 3. 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 4. This Ordinance shall become effective immediately after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
4ndez, ity (tor
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
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 11 of 11 File ID: 2889 (Revision: F) Printed on: 3/31/2025