S. Public Hearings
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
* 3:00 P.M. PUBLIC HEARING *
Meeting Date: March 21. 2007 - MAR
Division: County Attornev
Bulk Item: Yes ---X-
No
Department: Suzanne Hutton
AGENDA ITEM WORDING:
A Public Hearing to consider approval of an ordinance amending Section 11-7, Monroe County Code,
regulating wrecker operators requested by law enforcement to provide vehicle towing and storage
services, increasing rates and recognizing changes in municipalities.
ITEM BACKGROUND:
In 1994, Monroe County established Section 11-7 of the Monroe County Code to regulate vehicle
towing and storage service requested by law enforcement officers. The last regulation setting rates was
done in 1995 (Ordinance No. 23-1995). The municipalities of Marathon and Islamorada, Village of
Islands, have incorporated since the last amendment. The City of Marathon recently adopted their
Ordinance No. 2006-32 in order to set rates commensurate. This amendment addresses the increased
costs and volume of operations and adds the municipalities of Islamorada, Village of Islands and the
City of Marathon.
PREVIOUS RELEVANT BOCC ACTION:
Amended by Ordinance No. 23-1995.
2/21/07 BOCC approved advertising and holding Public Hearing 3/21/07.
CONTRACT/AGREEMENT CIIANGES:
N/A
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST:
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty _ OMBlPurchasing_
Risk Management _
DOCUMENTATION:
Included ...x-.
To Follow_
Not Required_
DISPOSITION:
Revised 2/27/0 I
AGENDA ITEM #
"1
S
Ii
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l. ! 1 '
ORDINANCE
- 2007
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AMENDING SECTION 11-7, MONROE COUNTY CODE,
REGULATING WRECKER OPERATORS IN THE
UNINCORPORATED COUNTY WHO PROVIDE MOTOR
VEmCLE TOWING AND STORAGE SERVICES AT THE
REQUEST OF LAW ENFORCEMENT OFFICERS;
REVISING RATES; PROVIDING FOR THE REPEAL OF
ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE
MONROE COUNTY CODE OF ORDINANCES; AND; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, in 1994, Monroe County began regulating vehicle towing and storage
services requested by law enforcement officers; and
WHEREAS, the last regulation setting rates was Ordinance No. 23-1995; and
WHEREAS, the municipalities of Marathon and Islamorada, Village ofIslands,
incorporated since that last ordinance; and
WHEREAS, the City of Marathon recently adopted Ordinance No. 2006-32 in order to
set rates commensurate; and
WHEREAS, it is desired to revise the existing regulations to recognize the changes in
municipalities and in increased costs of operations; now therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
Section 1. Sec. 11-7(aXI), Monroe County Code is hereby amended to read as
follows:
(I) Administrative fee means the charge for researching and documenting the registered
owner(s) ofa motor vehicle towed and stored by a wrecker operator~
Section 2. Sec. 11-7(a)(6), Monroe County Code is hereby created to read as follows:
(6) Notificationfee means the charge for notifying a motor vehicle owner and any lien holders
that a wrecker operator has towed and stored the motor vehicle.
Section 3.
follows:
Sec. 11-7(b)(4) Monroe County Code IS hereby amended to read as
(4) In the event that the operator removes wrecked or disabled vehicles on a rotation basis for
the Florida Highway Patrol (FHP) or the police departments of the City of Key West, eF the City
of Layton, the City of Islamorada, Village of Islands, or the City of Marathon, and any of those
entities have mandatory equipment requirements in conflict with the requirements of this section,
1
and failure to comply with the FHP or municipal requirements would result in the operator being
removed from the FHP or municipal rotation list, then the operator may comply with the FHP or
municipal requirements, but only to the extent of the conflict, without violating the terms of this
section.
Section 4.
Sec. 11-7( d) Monroe County Code is hereby amended to read as follows:
(d) Rates:
(1) For the removal and storage of wrecked or disabled motor vehicles or for the removal and
storage of abandoned motor vehicles at the request of a law enforcement officer, the maximum
rate that may be charged by a wrecker operator is as follows, based on the lowest class of
wrecker service required for the vehicle, with any trailered appurtenance, for which law
enforcement has requested towing:
TABLE INSET:
Class A Wrecker Service
Base Rate $135.00
(anytime a wrecker is called to a site)
Inside storage (per day) $40.00 plus $2 per foot for motor
vehicles over 20 feet long
Outside storage (per day) $ 30.00 plus $ 2 per foot for motor
vehicles over 20 feet long
Administration fee $25.00
Notification fee $50.00 first notification
$20.00 each additional letter
Mileage rate from wrecker station to site and $3.00 per mile
return
Per hour charge beginning upon arrival on site, $135.00
in 1/4 hour increments
After Hours Gate fee $75.00
Service Call $75.00
Class B Wrecker Service
Base Rate $200.00
(anytime a wrecker is called to a site)
Inside storage (per day) $40.00 plus $2 per foot for motor
vehicles over 20 feet long
Outside storage (per day) $30.00 plus $2 per foot for motor
vehicles over 20 feet long
Administration fee $25.00
2
Notification Fee $50.00 first notification
$20.00 each additional letter
Mileage rate from wrecker station to site and $4.00 per mile
return
Per hour charge beginning arrival on site, in 1/4 $180.00
hour increments
After Hours Gate fee $75.00
Service Call $75.00
Class C Wrecker Service
Base Rate $485.00
(anytime a wrecker is called to a site)
Mileage rate from wrecker station to site and $5.00 per mile
return
Inside storage (per day) $40.00 plus $2 per foot for motor
vehicles over 20 feet long
Outside storage (per day) $30.00 plus $2 per foot for motor
vehicles over 20 feet long
Administration fee $25.00
Per hour charge beginning upon arrival on site, $300.00
in 1/4 hour increments
After Hours Gate fee $75.00
Service Call $75.00
The daily storage rate must be prorated in six-hour increments when the vehicle is
retrieved by the owner or his agent. The notification fee may only be charged when notice is sent
by the operator to the motor vehicle owner and any lienholder( s).
In the event a law enforcement officer needs a tow truck for a towable violation, and once
the towing service has been requested by the officer at the violation site and the operator has
advised the officer that he is en route to the request, should the owner or driver of the motor
vehicle in violation return to the vehicle site before the operator has arrived at the motor vehicle,
or before the operator has departed with the vehicle, and upon the officer's authorization to
release the vehicle to the owner or driver, then the owner or driver of the vehicle shall pay a
charge of not more than one-half ( 1/2) of the maximum rate for the class of towing service
called for. A wrecker operator may dispatch a heavier class of wrecker to the site but may
charge no more than the rates applicable to the type of service required. Should a motor vehicle
which requires towing be trailering a recreational vehicle, boat, or other type of trailer, and only
one tow truck is required to remove the vehicle and its trailer, only one tow charge may be levied
for the combined length of the vehicle and its trailered accessory.
3
(2) The provisions of this section only apply to the rates charged for towing and storage service
called for at the request of a law enforcement officer. In all other situations the provisions of this
section do not apply and the parties may negotiate prices and rates as in other ordinary service
contracts.
(3) Every wrecker operator shall conspicuously display at his place of business the maximum
charge which he may impose for the towing and storage services covered by this section.
Section 5. Sec. 11-7(e)(8)a., Monroe County Code is hereby amended to read as
follows:
a. A minimum of twenty-five (25) storage spaces with three (3) inside storage spaces
must be available.
Section 6. If any section, subsection, sentence, clause or provision of this ordinance
is held invalid, the remainder ofthis ordinance shall not be affected by such invalidity.
Section 7. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 8. The provisions of this ordinance shall be included and incorporated in the
Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and
shall be appropriately renumbered to conform to the uniform numbering system of the Code.
Section 9. This ordinance shall take effect immediately upon receipt of official notice
from the Office of the Secretary of State of the State of Florida that this ordinance has been filed
with said Office.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting held on the day of March, A.D., 2007.
Mayor Mario Di Gennaro
Mayor Pro Tem Dixie Spehar
Commissioner Charles "Sonny" McCoy
Commissioner Sylvia Murphy
Commissioner George Neugent
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor Mario DiGennaro
(SEAL)
ATTEST: D~L.KOLHAGE,CLERK
By:
Deputy Clerk
4
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday, March 21,
2007, at 3:00 P.M. at the Marathon Government Center, 2798 Overseas Highway, Mile Marker
50, Marathon, Monroe County, Florida, the Board of County Commissioners of Monroe County,
Florida, intends to consider the adoption of the following County ordinance:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AMENDING SECTION 11-7, MONROE
COUNTY CODE, REGULATING WRECKER OPERATORS IN THE
UNINCORPORATED COUNTY WHO PROVIDE MOTOR VEmCLE TOWING
AND STORAGE SERVICES AT THE REQUEST OF LAW ENFORCEMENT
OFFICERS; REVISING RATES; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES;
AND; AND PROVIDING AN EFFECTIVE DATE.
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decided to appeal any
decision made by the Board with respect to any matter considered at such hearings or meetings, he will
need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based.
ADA ASSISTANCE: if you are a person with a disability who needs special accommodations in order to
participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292-4441,
between the hours of 8:30 a.m. - 5:00 p.m., no later than 2 working days prior to the scheduled meeting; if you
are hearing or voice impaired, call "711 ".
Dated at Key West, Florida, this 21st day of February, 2007.
DANNY L. KOLHAGE, Clerk of the Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
(SEAL)
Publication dates:
Reporter (Fr) 3/2/07
Keynoter (Sa) 3.3/07
KW Citizen (Su) 3/4/07
(Fr) 3/9/07
(Sa) 3/1 0/07
(Sa) 3/11/07
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Februarv 21. 2007 -KL
Bulk Item: Yes -X- No
Division: Countv Attornev
Department: ~1""""" Hutton
AGENDA ITEM WORDING:
Approva1 to Idvertiae and hold one (1) public hearing to CODsider approval of an ordinance amending
Section 11-7, Monroe County Code, regulatiu8 wrecker operators requested by law eoforcement to
provide vehicle towing and storage services. increasing rates and recogroi7.il1g chaDges in
municipalities.
ITEM BACKGROUND:
In 1994, Monroe County established Section 11-7 of the Monroe County Code to reguJate vehicle
towing and IItclrlIge service requested by law enforcement officers. The Jut regulation settins rates was
done in 1995 (Ordinance No. 23-1995). The municipalities of Marathon and IsIamoI'8da, Village of
Islands, have incorporated since the lut amendment. The City of Marathon recently Idopted their
Ordinance No. 2006-32 in order to set rates COl1llIIeIIsurate. This amendment Iddresses the increased
coats and volume of openlions and Idds the municipalities of IsIamor8da, VdIage of lJIa11ds and the
City of Marathon.
PREVIOUS RELEVANT.BOCC ACDON:
Amended by Ordinance No. 23.1995
CONTRAcr/AGRJ:EMINT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approva1 to advertise and hold one (1) required public hearing at 3:00 p.m. on Mard121, 2007 in
Marathon.
TOTAL COST:
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTR_ Year
APPROVED BY: County Atty jJt OMBJPurchasing _ Risk Management _
DOCUMENTATION:
Included -X-
To Fo1low_ Not Required_
AGENDA ITEM#-L! d-
~'f' (t)'l.:rlc:V .
DISPOSITION:
Revioed 2/27101
,f,
-'01 ;,J+ C'id,\\,tt1cV
! IG."f-j'Yu) l\:~((l ~~
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ORDINANCE
- 1007
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AMENDING SECTION 11-7, MONROE COUNTY CODE,
REGULATING WRECKER OPERATORS IN THE
UNINCORPORATED COUNTY WHO PROVIDE MOTOR
VEmCLE TOWING AND STORAGE SERVICES AT THE
REQUEST OF LAW ENFORCEMENT OFFICERS;
REVISING RATES; PROVIDING FOR THE REPEAL OF
ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE
MONROE COUNTY CODE OF ORDINANCES; AND; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, in 1994, Monroe County began regulating vehicle towing and storage
services requested by law enforcement officers; and
WHEREAS, tbe last regulation setting rates was Ordinance No. 23-1995; and
WHEREAS, tbe municipalities of Maratbon and Islamorada, Village of Islands,
incorporated since tbat last ordinance; and
WHEREAS, tbe City of Maratbon recently adopted Ordinance No. 2006-32 in order to
set rates commensurate; and
WHEREAS, it is desired to revise tbe existing regulations to recognize tbe changes in
municipalities and in increased costs of operations; now tberefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
Section 1. Sec. 11-7(a)(I), Monroe County Code is hereby amended to read as
follows;
(I) Administrative fee means tbe charge for ftsiityiBg a _ler velriele S'!!BD!' ;ft ~ BHr Hall
keltl8f6 1hM a 'lJ'Jf'euklf' 81'8fIllOF lias te-::ed led sleNd the lReter -:_ale. researchinl! and
docmnentiol! the remstered ownerlsl of a motor vehicle towed and stored bv a wrecker ooerator.
Section 2. Sec. 11-7( a)( 6), Monroe County Code is hereby created to read as follows;
(6) Notification fee means the eba""" for notifvinll a motor vehicle owner and anv lien holders
tbat a wrecker ooerator has towed and stored tbe motor vehicle.
Section 3.
follows:
Sec. 11-7(b)(4) Monroe County Code is hereby amended to read as
(4) In tbe event tbat tbe operator removes wrecked or disabled vehicles on a rotation basis for
tbe Florida Highway Patrol (FHP) or tbe police departments oftbe City of Key West, M tbe City
of Layton. the City of Islam(ll'llda Villalle of Islands. or the City of Marathon and any of those
entities have mandatory equipment requirements in conflict witb tbe requirements of tbis section.
and failure to comply witb tbe FHP or municipal requirements would result in tbe operator being
I
removed from the FHP or municipal rotation list, then the operator may comply with the FHP or
municipal requirements, but only to the extent of the conflict, without violating the terms of this
section.
Section 4.
Sec. ll-7(d) Monroe County Code is hereby amended to read as follows:
(d) Rates:
(I) For the removal and storage of wrecked or disabled motor vehicles or for the removal and
storage of abandoned motor vehicles at the request of a law enforcement officer, the maximum
rate that may be charged by a wrecker operator is as follows. based on the lowest class of
wrecker service reauired for the vehicle. with anv trailered a1)\)urtenance. for which law
enforcement has reauested towinl!::
TABLE INSET:
Class A Wrecker Service
Base Rate 58~.9Q 135.00
(mwlRllftl eBllfge anytime a wrecker is called to a
site)
Inside storage (per day) after tile fiRlt Ii RSlII'!l ~ 40.00 plus $2 per foot for motor
vehicles over 20 feet long
Outside storage (per day) after tile fiRlt Ii ROUll ~lllJ!Q plus S+ 1 per foot for
motor vehicles over 20 feet long
Administration fee ,er R8Kfiea1ieB 525.00
Notification Fee $50.00 first notification
520.00 each additional letter
Mileage rate from wrecker station to site and ~ J.QQ.per mile
return
Per hour charge beginning 39 IBiIlltle8 after .\!I!!!!l $8f.ll9 5135.00
anival on site, in 1/4 hour increments
After Hours Gate fee $75.00
Service Call $75.00
Class B Wrecker Service
Base Rate 512(,).99 ~
(fttBlamUIR olIal'ge anytime a wrecker is called to a
site)
Inside storage (per day) after tile fil'!It Ii ReIHll ~ ~Ius 52 per foot for motor
vehicles over 20 feet long
Outside storage (per day) after tile iftlt Ii ReIH'll ~~Ius S+~foot for
motor vehicles over 20 feet long
Administration fee ,er ReMBeatieB. $25.00
2
Notification Fee $50.00 first notification
$20.00 each additional letter
Mileage rate from wrecker station to site and $;,Q(l4.00 per mile
return
Per hour charge beginning 3Q RlifllHes ailer arrival $12Q.QQ 180.00
on site, in 1/4 hour increments
After Hours Gate fee $75.00
Service Call $75.00
Class C Wrecker Service
Base Rate t~83.OO 485.00
(1BlIHiHulRl s1laFge anytime a wrecker is ca1led to a
site)
Mileage rate from wrecker station to site and ~ 5.00 per mile
return
Inside storage (per day) after lite fifSt {j ftelH'll ~ ~ plus $2 per foot for motor
vehicles over 20 feet long
Outside storage (per day) after the Hm Ii R9lH'll ~ 30.00 plus S+ 2...per foot for
motor vehicles over 20 feet long
Administration fee per Belifisa9.8B $25.00
Per hour charge beginning JQ RliBlHes after l!R!!I! $200.00 300.00
arrival on site, in 1/4 hour increments
After Hours Gate fee $75.00
Service Call $75.00
The daily storage rate must be prorated in six-hour increments when the vehicle is
retrieved by the owner or his agent. The ntlPlinislRlft'18 notification fee may only be charged
when notice is sent by the operator to the motor vehicle owner and any Iienholder(s).
In the event a law enforcement officer needs a tow truck for a towable violation, and once
the towing service has been requested by the officer at the violation site and the operator has
advised the officer that he is en route to the request, should the owner or driver of the motor
vehicle in violation return to the vehicle site before the operator has arrived at the motor vehicle,
or before the operator has departed with the vehicle, and upon the officer's authorization to
release the vehicle to the owner or driver, then the owner or driver of the vehicle shall pay a
charge of not more than one-half ( 1/2) of the maximum rate for the class of towing service
called for. A wrecker ooerator mav disuatch a heavier class of wrecker to the site but mav
char2e no more than the rates aoolicable to the tvne of service reouired. Should a motor vehicle
which reouires towin2 be trailerin2 a recreational vehicle. boat. or other tvDe of trailer. and onlv
one tow truck is reouired to remove the vehicle and its trailer. onlvone tow char2e mav be levied
for the combined len2th of the vehicle and its trailered accessory.
3
(2) The provisions of this section only apply to the rates charged for toWing and storage service
called for at the request of a law enfurcement officer. In all other situations the provisions of this
section do not apply and the parties may negotiate prices and rates as in other ordinary service
contracts.
(3) Every wrecker operator shall conspicuously display at his place of business the maximum
charge which he may impose fur the toWing and storage services covered by this section.
SectionS. Sec. 11-7(e)(8)a., Monroe County Code is hereby amended to read as
follows:
f81 a. A minimum of twenty-five (2S) storage spaces With three (3) inside storage spaces
must be available. \'Jt:eeker eJ11f8t8f8 l.vke kave "e88 8a 8 reteliBR 8yM8fR fer the
FIeri_ Higk'rJ\1If Pawl, )'ie8f88 CMHKy Eltlfiffs eilil., Sf the paliae depadlBeRt ef the
City sf Key '.1]_ ar tRe c:~. sf l.aytea fer six (€i) 1R8Btlts prier i8 the aftJ.ati~.:e Elate sf
tms rule mar e9JHiMIe 98 the list -Jl:HRslit legeM fa the RliRimllfR steM.S SJlaa88 Nflaired
l1ereiR, 88 lea! as all ailer applieahle 1'f8'"Asiens efdteoe PUles are mM:.
Section 6. If any section, subsection, sentence, clause or provision of this ordinance
is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 7. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 8. The provisions of this ordinance shall be included and incorporated in the
Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and
shall be appropriately renumbered to conform to the uniform numbering system of the Code.
Section 9. This ordinance shall take effect immediately upon receipt of official notice
from the Office of the Secretary of State of the State of Florida that this ordinance has been filed
with said Office.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting held on the~ dayofOetesllC , A.D., 200&7.
Mayor Mario Di Gennaro
Mayor Pro Tern Dixie Spehar
Commissioner Charles "Sonny" McCoy
Commissioner Sylvia MUfphy
Commissioner George Neugent
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor Mario DiGennaro
(SEAL)
ATTEST: DA~.L.KOLHAGE,CLERK
MONROE COUNTY ATTORNEY
APfJROVED AS T
4
Date
By:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
* 3:00 P.M. PUBLIC HEARING *
Meeting Date: March 21, 2007 - MAR
Division: County Attorney
Bulk Item: Y es ~ No
Department: Suzanne Hutton
AGENDA ITEM WORDING:
A Public Hearing to consider approval of an ordinance amending Section 11-7, Monroe County Code,
regulating wrecker operators requested by law enforcement to provide vehicle towing and storage
services, increasing rates and recognizing changes in municipalities.
ITEM BACKGROUND:
In 1994, Monroe County established Section 11-7 of the Monroe County Code to regulate vehicle
towing and storage service requested by law enforcement officers. The last regulation setting rates was
done in 1995 (Ordinance No. 23-1995). The municipalities of Marathon and Islamorada, Village of
Islands, have incorporated since the last amendment. The City of Marathon recently adopted their
Ordinance No. 2006-32 in order to set rates commensurate. This amendment addresses the increased
costs and volume of operations and adds the municipalities of Islamorada, Village of Islands and the
City of Marathon.
PREVIOUS RELEVANT BOCC ACTION:
Amended by Ordinance No. 23-1995.
2/21/07 BOCC approved advertising and holding Public Hearing 3/21/07.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST:
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNTPERMONTH_ Year
APPROVED BY: County Arty _ OMB/Purchasing _
Risk Management _
DOCUMENTATION:
Included ...K..-
To Follow
Not Required_
DISPOSITION:
Revised 2/27/01
AGENDA ITEM #
ORDINANCE
- 2007
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AMENDING SECTION 11-7, MONROE COUNTY CODE,
REGULATING WRECKER OPERATORS IN THE
UNINCORPORATED COUNTY WHO PROVIDE MOTOR
VEmCLE TOWING AND STORAGE SERVICES AT THE
REQUEST OF LAW ENFORCEMENT OFFICERS;
REVISING RATES; PROVIDING FOR THE REPEAL OF
ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORA TION INTO THE
MONROE COUNTY CODE OF ORDINANCES; AND; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, in 1994, Monroe County began regulating vehicle towing and storage
services requested by law enforcement officers~ and
WHEREAS, the last regulation setting rates was Ordinance No. 23-1995; and
WHEREAS, the municipalities of Marathon and Islamorada, Village ofIslands,
incorporated since that last ordinance; and
WHEREAS, the City of Marathon recently adopted Ordinance No. 2006-32 in order to
set rates commensurate; and
WHEREAS, it is desired to revise the existing regulations to recognize the changes in
municipalities and in increased costs of operations~ now therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
Section L Sec. 11- 7 (a)(1), Monroe County Code is hereby amended to read as
follows:
(I) Administrative fee means the charge for researching and documenting the registered
owner(s) of a motor vehicle towed and stored by a wrecker operator-,-
Section 2. Sec. 11-7(a)(6), Monroe County Code is hereby created to read as follows:
(6) Notificationfee means the charge for notifying a motor vehicle owner and any lien holders
that a wrecker operator has towed and stored the motor vehicle.
Section 3.
follows:
Sec. 11-7(b)(4) Monroe County Code IS hereby amended to read as
(4) In the event that the operator removes wrecked or disabled vehicles on a rotation basis for
the Florida Highway Patrol (FHP) or the police departments of the City of Key West.. eF the City
of Layton, the City of Islamorada, Village of Islands, or the City of Marathon, and any of those
entities have mandatory equipment requirements in conflict with the requirements of this section,
1
and failure to comply with the FHP or municipal requirements would result in the operator being
removed from the FHP or municipal rotation list, then the operator may comply with the FHP or
municipal requirements, but only to the extent of the conflict, without violating the terms of this
section.
Section 4.
Sec. 11-7( d) Monroe County Code is hereby amended to read as follows:
(d) Rates:
(1) For the removal and storage of wrecked or disabled motor vehicles or for the removal and
storage of abandoned motor vehicles at the request of a law enforcement officer, the maximum
rate that may be charged by a wrecker operator is as follows, based on the lowest class of
wrecker service required for the vehicle, with any trailered appurtenance, for which law
enforcement has requested towing:
TABLE INSET:
Class A Wrecker Service
Base Rate $135.00
(anytime a wrecker is called to a site)
Inside storage (per day) $40.00 plus $2 per foot for motor
vehicles over 20 feet long
Outside storage (per day) $ 30.00 plus $ 2 per foot for motor
vehicles over 20 feet long
Administration fee $25.00
Notification fee $50.00 first notification
$20.00 each additional letter
Mileage rate from wrecker station to site and $3.00 per mile
return
Per hour charge beginning upon arrival on site, $135.00
in 1/4 hour increments
After Hours Gate fee $75.00
Service Call $75.00
Class B Wrecker Service
Base Rate $200.00
(anytime a wrecker is called to a site)
Inside storage (per day) $40.00 plus $2 per foot for motor
vehicles over 20 feet long
Outside storage (per day) $30.00 plus $2 per foot for motor
vehicles over 20 feet long
Administration fee $25.00
2
Notification Fee $50.00 first notification
$20.00 each additional letter
Mileage rate from wrecker station to site and $4.00 per mile
return
Per hour charge beginning arrival on site, in 1/4 $180.00
hour increments
After Hours Gate fee $75.00
Service Call $75.00
Class C Wrecker Service
Base Rate $485.00
(anytime a wrecker is called to a site)
Mileage rate from wrecker station to site and $5.00 per mile
return
Inside storage (per day) $40.00 plus $2 per foot for motor
vehicles over 20 feet long
Outside storage (per day) $30.00 plus $2 per foot for motor
vehicle~ over 20 feet long
Administration fee $25.00
Per hour charge beginning upon anival on site, $300.00
in 1/4 hour increments
After Hours Gate fee $75.00
Service Call $75.00
The daily storage rate must be prorated in six-hour increments when the vehicle is
retrieved by the owner or his agent. The notification fee may only be charged when notice is sent
by the operator to the motor vehicle owner and any lienholder(s).
In the event a law enforcement officer needs a tow truck for a towable violation, and once
the towing service has been requested by the officer at the violation site and the operator has
advised the officer that he is en route to the request, should the owner or driver of the motor
vehicle in violation return to the vehicle site before the operator has arrived at the motor vehicle,
or before the operator has departed with the vehicle, and upon the officer's authorization to
release the vehicle to the owner or driver, then the owner or driver of the vehicle shall pay a
charge of not more than one-half ( 1/2) of the maximum rate for the class of towing service
called for. A wrecker operator may dispatch a heavier class of wrecker to the site but may
charge no more than the rates applicable to the type of service required. Should a motor vehicle
which requires towing be trailering a recreational vehicle, boat, or other type of trailer, and only
one tow truck is required to remove the vehicle and its trailer, only one tow charge may be levied
for the combined length ofthe vehicle and its trailered accessory.
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(2) The provisions of this section only apply to the rates charged for towing and storage service
called for at the request of a law enforcement officer. In all other situations the provisions of this
section do not apply and the parties may negotiate prices and rates as in other ordinary service
contracts.
(3) Every wrecker operator shall conspicuously display at his place of business the maximum
charge which he may impose for the towing and storage services covered by this section.
Section 5. Sec. 11-7(e)(8)a., Monroe County Code is hereby amended to read as
follows:
a. A minimum of twenty-five (25) storage spaces with three (3) inside storage spaces
must be available.
Section 6. If any section, subsection, sentence, clause or provision of this ordinance
is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 7. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 8. The provisions of this ordinance shall be included and incorporated in the
Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and
shall be appropriately renumbered to conform to the uniform numbering system of the Code.
Section 9. This ordinance shall take effect immediately upon receipt of official notice
from the Office ofthe Secretary of State of the State of Florida that this ordinance has been filed
with said Office.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting held on the day of March, AD., 2007.
Mayor Mario Di Gennaro
Mayor Pro Tern Dixie Spehar
Commissioner Charles "Sonny" McCoy
Commissioner Sylvia Murphy
Commissioner George Neugent
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor Mario DiGennaro
(SEAL)
ATTEST: DANNYL. KOLHAGE, CLERK
By:
Deputy Clerk
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NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday, March 21,
2007, at 3:00 P.M. at the Marathon Government Center, 2798 Overseas Highway, Mile Marker
50, Marathon, Monroe County, Florida, the Board of County Commissioners of Monroe County,
Florida, intends to consider the adoption of the following County ordinance:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AMENDING SECTION 11-7, MONROE
COUNTY CODE, REGULATING WRECKER OPERATORS IN THE
UNINCORPORATED COUNTY WHO PROVIDE MOTOR VEmCLE TOWING
AND STORAGE SERVICES AT THE REQUEST OF LAW ENFORCEMENT
OFFICERS; REVISING RATES; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES;
AND; AND PROVIDING AN EFFECTIVE DATE.
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decided to appeal any
decision made by the Board with respect to any matter considered at such hearings or meetings, he will
need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based.
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to
participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292-4441,
between the hours of 8:30 a.m. - 5:00 p.m., no later than 2 working days prior to the scheduled meeting; if you
are hearing or voice impaired, call '711".
Dated at Key West, Florida, this 21st day of February, 2007.
DANNY L. KOLHAGE, Clerk of the Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
(SEAL)
Publication dates:
Reporter (Fr) 3/2/07
Keynoter (Sa) 3.3/07
KW Citizen (Su) 3/4/07
(Fr) 3/9/07
(Sa) 3/10/07
(Sa) 3/11/07