HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez, City Attorney 3
DATE: November 19, 2020
RE: City Commission Meeting — October 22, 2020
Proposed amendment to Chapter 42, Article IV of the Code of the City of Miami,
Florida to comply with amended Florida Statute.
File No. 7838
The proposed amendment to Chapter 42, Article IV of the Code of the City of Miami,
Florida, as amended, titled "Police/Towing and immobilization/Booting of Motor Vehicles", to
update regulations and fees charged for towing and immobilization of motor vehicles, to provide
additional regulations for the documentation of tows, and to update penalties.
Attachment(s)
cc. Arthur Noriega V, City Manager
Miriam Santana, Agenda Coordinator
VM/BLM/GKW
City of Miami File ID: 7838 (Revision:) Printed On: 5/13/2025
City of Miami
Legislation
Ordinance
Enactment Number: 13939
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 7838 Final Action Date:11/19/2020
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
42/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
TITLED "POLICE/TOWING AND IMMOBILIZATION/BOOTING OF MOTOR
VEHICLES", TO UPDATE REGULATIONS AND FEES CHARGED FOR TOWING AND
IMMOBILIZATION OF MOTOR VEHICLES, ADDING ADDITIONAL REGULATIONS
FOR THE DOCUMENTATION OF TOWS, AND UPDATING PENALTIES;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Florida Legislature ("Legislature") adopted HB 133 titled "Towing and
Immobilizing Vehicles" to, among other things, prohibit a county or municipality from enacting a
rule or ordinance that imposes a fee or charge on an authorized wrecker operator or a towing
business; and
WHEREAS, the Legislature's prohibition does not apply to the levying of a business tax
or the imposition of an administrative fee or charge on the legal owner or other legally
authorized person in control of a vehicle or vessel to cover the cost of enforcement, including
parking enforcement when the vehicle or vessel is towed from public property so long as the
administrative fee does not exceed twenty five (25%) of the maximum towing rate; and
WHEREAS, the amended statute permits an authorized wrecker operator or towing
business to collect and remit the administrative fee to the county or municipality after it is
collected and further requires the administrative fee to be included as part of the lien on the
vehicle or vessel held by the towing operator; and
WHEREAS, it is necessary to amend Chapter 42/Article IV of the Code of the City of
Miami, Florida, as amended ("City Code"), in order to comply with HB 133; and
WHEREAS, the City Commission, after careful consideration of this matter, deems it
advisable and in the best interest of the general welfare of the City and its inhabitants to amend
the City Code to update the regulations related to towing and immobilization of vehicles to
conform to updates to the Florida Statutes;
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 of the City Code is further amended in the following
particulars:'
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
File ID: 7838 (Revision:) Printed On: 5/13/2025
"CHAPTER 42
POLICE
ARTICLE IV. TOWING AND IMMOBILIZATION/BOOTING OF MOTOR VEHICLES
DIVISION 2. - NONCONSENSUAL TOWING OF MOTOR VEHICLES FROM PRIVATE
PROPERTY
*
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 fec#c
revenue collection division a business tax as provided in Chapter 31 of the City Code.
(e) Eaeach-buccinervs ente ice shIIahcRrbe iced $262 50 annuaII i as a-IIicense4ee.
Sec. 42-107. Licensure procedure for business enterprises.
(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
revenue collection division on all prescribed forms. The application and all supporting
documents shall be retained by the revenue collection division. 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 their business addresses.
If the business enterprise is a partnership, the fictitious name under which the
partnership may be doing business, the name, business address of each partner.
(4) If the business enterprise is a sole proprietorship, the fictitious name under which the
sole proprietorship may be doing business, the name, business address of the natural
person who owns, controls or directs the sole proprietorship.
The signature of the president or vice-president of the applicant corporation, or 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.
(6) Such other information and data as the chief of police may consider appropriate.
(3)
(5)
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(b) Standards for issuance of license. The chief of police shall approve the application for
issuance or renewal of a license hereunder where he/she finds:
(1) That the application has been fully completed and submitted;
(2) That the initial application or renewal application fee has been paid Reserved;
(3) That the application has been fully examined and considered by the police
department;
(4) 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 application;
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 years of the date of application;
(6) 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 years of the date of application; and
That a license of the applicant is not currently under suspension.
(5)
(7)
Sec. 42-108. License revocation and regulations.
(a) Revocation. On its own motion or the written complaint of any person, the police
department may investigate the action of a business enterprise licensed under this article
and cause to be conducted a proceeding before the city manager, or his/her 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 his/her
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. Revocation or suspension
proceedings may be initiated on the basis of a recommendation from the towing review
board, a body formed as a result of the city's cooperative effort with members of the towing
industry engaged in removing vehicles from public property.
(b) Regulations. No business enterprise licensed under this article shall:
(1) Recover or tow a vehicle unless the business enterprise's tow truck or other vehicle
used in towing shall clearly display, on the front of the tow truck or car carrier body, the
towing license number in letters at least three inches high, and on the driver and
passenger sides of the vehicle and/or doors, the licensee's name, in letters at least
three inches high; and in letters at least one inch high, the licensee's principal address
and telephone number; or
(2) Recover or tow or remove or store a vehicle unless the business enterprise shall file
and keep on record with the city clerk and the police department a complete copy of
the current rates charged for towing and storage of vehicles and copies of all written
contracts or agreements between the business enterprise and property owners which
relate to the towing and removal of vehicles;
Pay or rebate money, or solicit or offer the payment or rebate of money, or other
valuable consideration, to property owners from which vehicles may be towed or
removed;
(3)
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(4) a. Recover or tow or remove or store a vehicle unless notice is posted fulfilling the
following requirements:
1. Notice, in the form of a sign structure, shall be prominently placed at each
driveway access or curb cut allowing vehicular access to the property, within
five feet from the public right-of-way line. If there are no curbs or access
barriers, signs shall be posted not less than one sign for each 25 feet of lot
frontage;
2. The notice shall clearly display:
i. In not less than two -inch -high, light -reflective letters on a contrasting
background, that unauthorized vehicles will be towed away at the owner's
expense;
ii. In not less than four -inch -high, light -reflective letters on a contrasting
background, the words "tow -away zone";
iii. In not less than two -inch -high, light -reflective letters on a contrasting
background, the days of the week and hours of the day during which
vehicles will be towed away at the owner's expense where the property
owner or business enterprise selectively causes the towing of vehicles
dependent on the day of the week and hour of the day the vehicle is
parked and if not on a 24-hour-a-day continuous basis;
iv. In not less than two -inch -high, light -reflective letters on a contrasting
background, the name and telephone number of the towing business
enterprise, if there exists a written contract between the property owner
and business enterprise for the towing of vehicles;
v. In not less than one -inch -high, light -reflective letters on a contrasting
background, an address or description of the location of the storage site;
and
(5)
3. The sign structure displaying the required notices 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 towing or removal of vehicles;
b. The posting of notice requirements of subsection (b)(4)a above shall not be
required where:
1 The private property on which a vehicle is parked is property appurtenant to
and obviously a part of single-family type residences;
2. Notice is personally given to the owner or operator of the vehicle that the
private property on which the vehicle is or will be parked is reserved or
otherwise not available for unauthorized vehicles and the vehicle is subject to
being removed at the owner's expense;
Recover or tow or remove or store a vehicle except upon the express instruction and
written authorization demonstrating a signature of the property owner or agent to the
business enterprise requesting the tow or removal. Such agent shall not be an officer
or employee of the business enterprise (as defined herein). No such instruction shall
be considered to have been given by the mere posting of the notice requirement of
subsection (b)(4)a of this section. No such instruction shall be considered to have been
given by virtue of the mere terms of any contract or agreement between a business
enterprise and a property owner. No such instruction shall be considered to have been
given where the instruction occurs in advance of the actual unauthorized parking of the
vehicle. No such instruction shall be considered to have been given where the
instruction is general in nature and unrelated to specific, individual and identifiable
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vehicles which are already unauthorizedly parked. No such instruction shall be
considered to have been given where the property owner or business owner has
entered into an agreement with a third party, with or without compensation, for the
purpose of providing such instruction;
(6) Tow or remove or store a vehicle where the registered owner or other legally
authorized person in control of the vehicle arrives at the scene of potential towing prior
to towing or removal, except where:
a. The registered owner or other legally authorized person in control of the vehicle
refuses to remove the vehicle;
b. The vehicle is connected to the towing or removal apparatus and the registered
owner or other person in control of the vehicle refuses to pay a reasonable service
fee of not more than one-half of the posted rate for such towing service as required
by this article;
(7) Tow or remove a vehicle where there is a natural person occupying the vehicle;
(8) Recover or tow or remove or store a vehicle unless the business enterprise shall,
reports to the Miami Police Department, by an electronic towing reporting system which
has been approved by the City Manager, within 30 minutes of the completion of the
recovery, towing, or removal;. The electronic report shall include, but not be limited to,
the following information related to notify the municipal police department or, in an
unincorporated area, notify the sheriff , of the recovery, towing, an4 or removal of the
vehicle: the -storage site, the 4ime the vehicle was towed or removed and! the make
person of the law enforcement department to whom such information was reported and
indicate that name on a trip record together with an indication of the date and time of
the day in hours and minutes that the vehicle was removed;
a. the name and address of the registered owner of the vehicle;
b. the location of the stored vehicle;
c. the date and time that the vehicle was towed, recovered, or removed;
d. a description of the stored vehicle, including the color, make, and model;
e. vehicle license plate number and state;
f. vehicle identification number (VIN); and
h. the location from where the vehicle was towed;
Recover or tow or remove or store a vehicle unless the business enterprise shall
maintain trip records relating to the previous calendar year. The trip records shall
legibly indicate at a minimum:
a. The name of the business enterprise;
b. The date and times of the day in hours and minutes when a specific vehicle was
recovered, towed, removed and stored;
c. The make, model, color, and license plate number of the specific vehicle;
d. The precise address or description of the location from which the specific vehicle
was removed;
e. The full name of the property owner who expressly instructed the removal of the
specific vehicle;
f. The precise address or description of the location of the storage site of the
business enterprise to which the specific vehicle was removed and stored;
(9)
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(10) Recover or tow or remove or store a vehicle unless the vehicle shall be towed
directly to the business enterprise's storage site and the vehicle shall not be kept in any
temporary holding area;
(11) Store or impound a towed vehicle at a distance that exceeds a ten -mile radius of the
location from which the vehicle was recovered, towed and removed; however,
notwithstanding the foregoing, where there is no business enterprise licensed under
this article that is located within a ten -mile radius of the location from which the vehicle
might be recovered, towed, and removed, then in that event, no business enterprise
licensed under this article shall store or impound a towed vehicle at a distance that
exceeds a 20-mile radius of the location from which the vehicle was recovered, towed,
and removed;
(12) Recover or tow or remove or store a vehicle unless the business enterprise shall
permit the registered owner to enter onto the storage site and remove and take into
his/her possession and carry away whatever goods, chattels, things, and documents
are contained within the stored vehicle;
(13) Use physical force or violence, or threat of physical force or violence, in dealing with
persons who have had or are about to have their vehicles recovered or towed or
removed or stored; or
(14) Connect a vehicle to the towing or removal apparatus unless the yellow flashing light
on the tow truck is in use as the vehicle is being connected.
(15) It shall be prohibited for a property owner or Business enterprise to employ, with or
without compensation, any individual, firm, company, or business, to serve as
"spotters" who report the presence of unauthorized parked vehicles for purposes of
towing.
(16) Prior to performing the tow or immobilization service, the Business enterprise shall
take a photograph of the front of the vehicle being towed, a photograph of the back of
the vehicle being towed, a photograph of any existing damage that is readily seen on
the vehicle being towed, and a photograph demonstrating the violation for which the
vehicle is being towed. The photographs must be time and date stamped.
Sec. 42-109. Penalties.
(a) A violation of any of the provisions of this Chapter may be punished as provided in
Section 1-13. 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 may be
punished by a fine not to exceed $525.00 $500.00 fer the first violation; a finc not to exceed
$1,050.00 for the second violation; by a fine not to exceed $1,050.00 or by imprisonment in
the county jail not to exceed 60 days or by both a fine and imprisonment for each
successive violation -as provided in Chapter 2, Article X of this Code.
(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 42-1O8(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 42-1O8(a).
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Sec. 42-110. Maximum allowable rates for non-consensual towing, police towing and storage for
providing tow services at the request of property owners or police agencies.
(a) The city hereby adopts and incorporates the maximum rates established by the Miami -
Dade Board of County Commissioners pursuant to section 30-476 of the Miami -Dade
County Code, as amended, for providing recovery, non -consent towing, removal and
storage services at the request of a police agency, Miami Parking Authority or a property
owner or authorized representative, with or without the prior consent of the vehicle owner or
other authorized person in control of the vehicle. From time to time, the maximum rates
may be altered, revised, increased or decreased by the Miami -Dade Board of County
Commissioners. Such increase or decrease by the Miami -Dade Board of County
Commissioners shall also apply to the city.
(b) Business enterprises who provide non-consensual towing services shall not charge in
excess of the maximum allowable rates established by the Miami -Dade Board of County
Commissioners. No person providing vehicle towing and storage services pursuant to this
chapter shall charge any type of fee other than that which the Miami -Dade Board of County
Commissioners has established as specific rates.
(c) In addition to the maximum rates that may be charged by business enterprises providing
services pursuant to this section, the city shall chargc impose an administrative fee on the
registered owner or other legally authorized person in control of a vehicle of $30.00 in an
amount not to exceed 25 percent of the maximum towing rate for each vehicle that is
recovered, towed, removed, or stored within the city. The Business enterprise shall collect
the administrative fee from the registered owner or other legally authorized person in
control of a vehicle and remit the fee upon receipt of 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 chargc of $525.00. Continued failure to pay the charges after 30 days
of -receipt of the invoice will result in the suspension of the license and the city may seek
additional recourse from the business enterprise as set forth in section 42-109.
DIVISION 3. - IMMOBILIZATION/BOOTING OF MOTOR VEHICLES
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.
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 subsection 42-118(c).
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.
(3)
(5)
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(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.
Immobilization/booting shall be accomplished by placing one or more steel boots on
the wheel(s) of the motor vehicle.
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.
An immobilized/booted vehicle that remains immobilized/booted on private property
for more than 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 24-hour a day, 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 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 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 subsection 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
(7)
(8)
(9)
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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 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 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
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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 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
inch high. All such lettering required above shall be permanently affixed to the vehicle.
Magnetic signs or lettering are not 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 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
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 vehicle,fe-rig-u-rposes of immobilization/booting. It shall be
unlawful for a property owner or an immobilization/booting contractor to employ, with or
without compensation, any individual, firm, company, or business, to serve 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 feet from the public right-of-way line. The signs shall
be light -reflective with lettering that is not less than two inches high. Where there is no
designated entrance, such signs shall be clearly visible from each and every parking
space.
City of Miami File ID: 7838 (Revision:) Printed On: 5/13/2025
(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 feet above ground level and shall be
continuously maintained on the property for not fewer than 24 hours before the
immobilization/booting of vehicles. Where there is no designated entrance, such signs
shall be six feet above site grade. There shall be two 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 be a minimum of 18" tall and appear substantially as follows:
(3)
Sign "B" shall contain the following information:
a.
In letters at least two inches high, that unauthorized vehicles will be immobilized or
towed away at the owner's expense;
b. In letter at least four inches high, the words immobilization/tow away zone;
c. In letters at least two inches high, the days of the week and hours of the day
during which vehicles will be booted;
d. In letters at least one inch high, the fee and City administrative charge to remove a
steel boot from a vehicle;
e. In letters at least one inch high, the name and address of the person performing
the booting service;
f. In letters at least two 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
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. In addition to the
maximum rates that may be charged by an immobilization/booting contractor providing
services pursuant to this Section, the City shall impose an administrative fee on the
registered owner or other legally authorized person in control of a vehicle in an amount
not to exceed twenty-five percent (25%) of the maximum immobilization rate for each
vehicle that is immobilized/booted within the City. The immobilization/booting
contractor shall collect the administrative fee from the registered owner or other legally
authorized person in control of a vehicle and remit the fee upon receipt of a monthly
invoice sent to the immobilization/booting contractor 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
City of Miami File ID: 7838 (Revision:) Printed On: 5/13/2025
g.
of the receipt of the invoice may result in the suspension of the license and the City
may seek additional recourse from the immobilization/booting contractor as set forth
below.
(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.
(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 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 20 minutes.
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.
(3)
(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.
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 30 minutes by the
immobilization/booting contractor at no charge to the owner, operator, or person legally
in control of the vehicle.
(5)
(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
City of Miami File ID: 7838 (Revision:) Printed On: 5/13/2025
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.
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.
Penalties. Penalties for violations of the provisions set forth in this division are hereby
established as follows:
a. Fines for violations shall be as follows:
First offense $250.00
Second Repeat offense 2-58 500.00
Third offense 500.00
Fourth offense and all subsequent offenses 500.00
b. Revocation or suspension of immobilization/booting license. The city may revoke
or suspend an immobilization/booting license. 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 file a suit for injunctive relief to enjoin the operation of the contractor in
violation of this division.
c. 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.
d. In addition to the above, a violation of this article may be punished by
imprisonment not to exceed 60 days or by imposition of a fine not to exceed
$500.00, or both.
City of Miami File ID: 7838 (Revision:) Printed On: 5/13/2025
e. 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.
DIVISION 4. - POLICE TOWS
Sec. 42-119. Police tows and Miami Parking Authority tows.
(a) The maximum tow rates for police and Miami Parking Authority tows shall be the same as
provided in section 42-110.
(b) In addition to the maximum rates that may be charged by business enterprises providing
services pursuant to this section, the city shall chargo impose an administrative fee on the
registered owner or other legally authorized person in control of a vehicle of $30.00 in an
amount not to exceed 25 percent of the maximum towing rate for each vehicle that is
recovered, towed, removed, or stored within the city. The Business enterprise shall collect
the administrative fee from the registered owner or other legally authorized person in
control of a vehicle and remit the fee upon receipt of The city shall send a monthly invoice
to the business enterprise for payment collection 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 chargc of $525.00. Continued failure to pay the charges after 30 days
of -receipt of the invoice will result in the suspension of the license and the city may seek
additional recourse from the business enterprise as set forth in section 42-109."
Section 4. If any section, part of a section, paragraph, clause, phrase, or word of the
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 5. This Ordinance shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Httor ey ) 10/13/2020
Z 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.
City of Miami File ID: 7838 (Revision:) Printed On: 5/13/2025