Item Q10 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 16, 2014 Division: County Attorney
Bob Shillinger 292-3470
Bulk Item: Yes No X Staff Contact: Pedro Mercado 292-3470
AGENDA ITEM WORDING: Discussion and direction to determine if the County should consider
updating its towing ordinance to address predatory towing practices and to be consistent with the various
municipalities.
ITEM BACKGROUND: See. 254, Monroe County Code regulates wrecker operators requested by
law enforcement to provide vehicle towing and storage services, sets rates and recognizes changes in the
various municipalities. This section was last updated by the Board on 3/21/2007 upon adoption of
Ordinance No. 003-2007.
The City of Islamorada, Village of Islands recently amended their code to add specific language to
address instances where a vehicle owner or agent arrives at the scene of a tow after the vehicle has been
connected to the towing or removal apparatus but prior to the tow truck leaving the premises, sets
specific fees/providing for return of the vehicle to the owner, etc. and also reduces, decreases, sets
additional fees, etc. With the number of special events occurring with more frequency throughout the
Keys, requiring coordination between the County, Sheriff and other municipalities, it appears the issue of
predatory towing may be an issue that County staff should research to determine if this is, in fact, an
issue that our Code should more specifically address.
Staff has researched, and included in the backup for this item, the current code for Monroe County and
also for the municipalities in the County along with any amendments that were recently adopted or are
proposed pending final approval. Staff is seeking direction from the Board to determine if the County
should review our current code to ensure it sufficiently addresses and provides preventive and
enforcement mechanisms to 1) prevent or deter predatory towing practices, 2) adequately define and set
specific fees; and 3) ensure existing Monroe County Code is consistent with the various municipalities
PREVIOUS RELEVANT BOCC ACTION:
3/19/2007 BOCC adopted Ordinance No. 0013-2007
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: N/A
TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: N/A
COST TO COUNTY: N/A SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty' OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM#
Revised 1/09
CURRENT MONROE COUNTY CODE
Chapter 25.
TRAFFIC AND VEHICLES
ARTICLE I. IN GENERAL
Sec. 25-4. Regulation of wrecker operators who provide towing
and storage services at the request of law enforcement officers.
Pending/recent Amendment(s):
No pending proposed amendments.
Florida Statutes:
• F.S. 323.001 Wrecker operator storage facilities; vehicle holds.
• F.S. 337.406 Unlawful use of state transportation facility right-of-
way; penalties.
Current Monroe County Code:
Chapter 25.
TRAFFIC AND VEHICLES,
ARTICLE I. IN GENERAL
Sec. 25-4. Regulation of wrecker operators who
provide towing and storage services at the request
of law enforcement officers.
.......
Sec. . Regulation of wrecker operators who provide towing and storage services at
the request of law enf rcenrient officers.
(a) Definitions. The following words, terms and phrases, when used in this section, shall have the
meanings ascribed to them in this subsection, except where the context clearly indicates a
different meaning:
Administrative fee means the charge for researching and documenting the registered owner of
a motor vehicle towed and stored by a wrecker operator.
Commercially manufactured wrecker means a tow truck that is:
(1) Designed and constructed by a wrecker manufacturer that offers its wreckers for sale;
or
(2) Assembled by a business licensed and approved to assemble and certify wreckers
according to manufacturer's specifications.
Motor vehicle or vehicle means any motor vehicle as described In F.S. § 3201.01(1).
Notification fee means the charge for notifying a motor vehicle owner and any lien holders that
a wrecker operator has towed and stored the motor vehicle.
Wrecker means tow truck.
Wrecker operator or operator means the individual, partnership, corporation, or business
entity engaged for hire in the recovery, towing removal, or storage of wrecked, disabled, stolen or
abandoned motor vehicles. For the purpose of this section, a hired driver or employee shall be
governed by this section and shall be considered an agent of the wrecker operator.
(b) Wrecker classification and required equipment.
(1) Each, tow truck owned or maintained by a wrecker operator shall be commercially
manufactured and shall conform to all other requirements of this section. The
requirements of this section are waived only for those operators with tow trucks that
were purchased before the effective date of the ordinance from which this section is
derived or that were under a binding contract to purchase entered into before the
effective date of the ordinance from which this section is derived.
(2) All tow trucks shall be equipped with a business-type communication radio or mobile
telephone or cellular telephone. There shall be one radio or phone for each truck. The
equipment shall be licensed and approved by the Federal Communications Commission.
The mobile radio or telephone shall enable the wrecker operator to communicate with
his trucks within his usual area of operation. A citizens band radio does not meet the
requirements of this subsection.
(3) Specifications and required equipment shall be as follows:
a. All wreckers (all classifications) shall include the following:
1. A cradle, tow plate or tow sling to pick up motor vehicles. The cradle, tow
plate or tow sling shall be equipped with safety chains and constructed in
such a manner that it will not damage the motor vehicle to be towed;
2. Dual rear wheels;
3. The name, address and telephone number of the wrecker operator shall
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be painted or permanently affixed in a conspicuous place on both sides of
the trucks as required by F.S. § 713.78(2);
4. At least one heavy duty push broom with a minimum width of 24 inches;
6• One square shovel;
6. One ax;
7. One crowbar or prybar with a minimum length of 30 inches;
8• Minimum of one five-pound carbon dioxide or dry chemical fire extinguisher
or equivalent. Must be approved type and have a current inspection tag
attached;
9• One pair of bolt cutters with a minimum opening of one-half inch;
10. One set of jumper cables;
11. One four-may lug wrench;
12- One flashlight;
13. Five 30-minute fuses;
14- One snatch block for each winch with manufacturer's rating to match
winch;
15• Extra towing chain six to eight feet in length with hooks;
16. At least three safety cones or triangle reflectors; and
17. Fifty pounds of sand or petroleum absorbent.
b• Class "A"wreckers (for the removal of cars and light duty trucks and vehicles
weighing 10,000 pounds gross vehicle might or less). Specifications, and
equipment in addition to requirements outlined in subsection (b)(3)a of this
section, shall be as follows:
1 A truck chassis with a manufacturer's rated capacity of at least 10,000
pounds gross vehicle weight. A complete, commercially imanufactured
boom and winch having a manuifacturer's combined rating of at least four
tons must be mounted on the chassis. Hand crank winches do not satisfy
these requirements and will not be approved;
2. A minimum of 100 feet of three-eighths-inch cable;
3. Dollies;
4. Flood lights on the hoist;
5. Vehicles that are equipped with wheel lifts or the equivalent may also
qualify as class A tow trucks so long as they are equipped with a boom and
all other applicable requirements are met. Wheel lifts shall be rated at a
minimum of 3,000 pounds lift capacity and must use wheel safety straps
when lifting vehicles by the wheels only; and
6. Operators who wish to remove cars and light trucks may have, in addition,
a roll-back or slide-back carrier truck/trailer with specifications and the
equipment as provided in subsection (b)(3)c. of this section.
C• Class "Am roll-back or slide-back wreckers (for the removal of cars and light duty
trucks and vehicles weighing 10,000 pounds gross vehicle might or less).
Specifications and equipment for roll-back or slide-back carriers in addition to the
requirements outlined in subsection (b)(3)a. of this section shall include the
following:
A truck chassis with a manufacturer's rated capacity of at least 10,000
pounds gross vehicle weight with a minimum of a 16-foot bed, dual rear
wheels and a winch with at least 8,0010 pounds capacity;
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2. A minimum of 50 feet of three-eighths-inch cable;
3. A minimum of two safety tie-down chains of at least ten feet each in length;
4. Two spot (flood) lights mounted on the rear of the carrier; and
5. A roll-back or snide-back carrier trailer shall meet the following
requirements:
(i) A commercially manufactured carrier trailer with a rated capacity of
at least 8,000 pounds gross vehicle weight with a minimum 16-foot
bed. A winch with at least 8,000 pounds capacity;
(ii) A minimum of 50 feet of three-eighths-inch cable;
(iii) Brakes and trailer lights that meet the minimum statutory
requirements of state law,
(iv) Safety chains; and
(v) Mlust be towed by and used in conjunction with an approved wrecker
that meets or exceeds the class of the vehicle to be towed.
d. Class T"wreckers (for removal of medium duty trucks or vehicles weighing
20,000 pounds gross vehicle might or less). Specifications and equipment in
addition to the requirements outlined in subsection (b)(3)a. of this section, shall)
be as follows:
1• A truck chassis with a manufacturer's rated capacity of at least 20,000
pounds gross vehicle weight. A complete, twin-winch, commercially
manufactured boom and winches having a manufacturer's combined rating
of at least ten-ton capacity mounted on the chassis;
2- A minimum of 100 feet of at least one-half-inch cable on each drum;
3. One set of scotch blocks for wheels or hydraulic rear-extendable scotch
blocks; and
4. Floodlights on the hoist.
e. Class "C"wreckers (for removal of heavy duty trucks, house trailers, buses, etc.,
weighing over 20,000 pounds gross vehicle might). Specifications and equipment
in addition to the requirements outlined in subsection (b)(3)a. of this section, shall
be as follows:
1 A truck chassis with a manufacturer's rated capacity of at least 30,000
pounds gross vehicle weight and 30,000 pounds gross vehicle might for
tandem axle trucks. A complete, twin-winch, commercially manufactured
boom and winches having a manufacturer's combined rating of at least 25-
ton capacity mounted on the chassis;.
2• A minimum of 200 feet of at least five-eighths-inch cable on each drum;
3. Air brakes so constructed as to lock the rear wheels automatically upon
failure;
4. External air hookup and hoses, to supply air to disabled vehicles;
5• One set of scotch blocks for wheels or hydraulic rear-extendable scotch
blocks; and
6. Floodlights on the hoist.
(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,
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, and failure to comply with the FHP or municipal
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requirements would result in the operator being removed from the FHP or municipal
rotation list, then the operator may comply with the FHP or muniicipal requirements, but
only to the extent of the conflict, without violating the terms of this section.
(5) This section only applies to wrecker operators providing towing services to law
enforcement agencies.
M Insurance requirements. No person shall for compensation recover, tow, or remove a motor
vehicle or provide motor vehicle storage or otherwise function as a wrecker operator until that
person maintains in effect an insurance policy or policies that shall insure that person for its
liability at a minimum:
(1) For each tow truck, combined single limit of$500,000.00; and
(2) For garage keeper's liability, in an amount not less than $50,000.00 for each loss
covering perils of fire and explosion, theft of a motor vehicle and parts or contents, riot
and civil commotion, vandalism, malicious mischief, and for on-hook protection.
(d) Rates.
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 trailereld
appurtenance, for which law enforcement has requested towing:
Class A Wrecker Service
Base rate (anytime a wrecker is called to a site) _$135-00
Inside storage (per day) $40.010 plus $2.00 per foot for motor vehicles over 20 feet
Long
Outside storage (per day) $30.00 plus $2.00 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 return [S3.00 per mile
Per hour charge beginning upon arrival,on site, in one- $135.00
fourth-hour increments
After hours gate fee $75.00
Service call 1$75.00
Class B Wrecker Service
Base rate (anytime a wrecker is called to a site) $200-00
Inside storage (per day) $40.00 plus $2.010 per foot for motor vehicles over 20 feet
long,
Outside storage (per day) $30.00 plus $2.00 per foot for motor vehicles over 20 feet
Long,
Administration fee $25.00
Notification fee 50.00 first notification $20.0,0 each additional, Letter
Mileage rate from wrecker station to site and return long,
per mile
Per hour charge beginning arrival on site, in one-fourth- $180.00
hour increments
After hours gate fee $75-00
Service call $75.00
Class C Wrecker Service
i I
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Base rate (anytime a wrecker is called to a site) $485.00
Mileage rate from wrecker station to site and return $5.00 per mile
Inside storage (per day) $40.00 plus $2.00 per foot for motor vehicles over 20 feet
long
Outside storage (per day) $30.00 plus $2.00 per foot for motor vehicles over 20 feet
long,
Administration fee $25.00
Per hour charge beginning upon arrival on site, in one- 1$300.00
fourth-hour increments
After hours gate fee $75.00
Service call 1$75.00
(2) 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.
(3) 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 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 that 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.
(4) 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.
(5) Every wrecker operator shall conspicuously display at his place of business the
maximum charge that he may impose for the towing and storage services covered by
this section.
(e) Storage facilities.
(�) Wrecker operators shall provide storage facilities that shall be maintained at the
operator's place of business. These facilities must be fenced and locked for the
protection of vehicles and property.
(2) The wrecker operator shall provide storage for all impounded/towed vehicles in an
outside storage area unless specific written instructions are given for inside storage by
the impounding law enforcement officer. If required for investigative purposes, the
wrecker operator shall move the vehicle to a designated area for processing prior to
storage. In such instance, the law enforcement agency will not authorize release of the
vehicle until all outstanding charges by the operator, as authorized by this section have
been satisfied.
(3) The wrecker operator shall not change the type of storage facility (inside or outside)
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afforded a vehicle without written permission from the troop commander or other officer
in charge. The wrecker operator shall not change the storage facility location without
first obtaining written permission from the troop commander or other officer in charge.
(4) The storage facility must be owned or leased solely by the wrecker operator and
vehicles stored by the operator must be separately fenced andl locked.
(5) The registered owner of a vehicle or the owner's representatives or owner's insurance
adjusters, upon proper identification, shall be permitted to inspect or photograph stored
vehicles during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. The
wrecker operator shall not require the owner, adjuster or representative to pay any fee
in order to inspect or photograph the stored vehicle.
(6) All fencing shall be chainlink or solid-wall type and at least six feet in height where
permissible under land use regulations of the county to discourage theft of any vehicle
or any property being stored inside. All storage facilities shall be illuminated with lighting
of sufficient intensity to reveal persons and vehicles at a distance of at least 150 feet
during nighttime.
(7) Permanent linside storage facilities must be available for 24-hour storage when weather
or other conditions require inside storage for the protection of the vehicle or personal
property. A lean-to, tent or shed does not meet the requirements of this section. Inside
storage must be within a weather-tight building.
(8) A minimum of 25 storage spaces with three inside storage spaces must be available.
Service bays or repair bays do not qualify as inside storage, nor does any area that is
used for any activity other than serving as a permanent inside storage area, when
vehicles are actuially stored inside at the request of a law enforcement agency or the
owner of a vehicle.
(9) Wrecker operators shall comply With hold orders placed by the law enforcement agency,
including any instructions for inside or outside storage. Vehicles involved in a fatality
and sealed by the traffic homicide investigator shall remain intact until the seals are
removed by the investigator. No property of any kind shall be released to anyone
without authority of the homicide investigator. If no fatality occurred, then the vehicle
and the property may be released by the wrecker operator upon valid proof of
ownership once the hold is released.
(10) A copy of an inventory prepared by the law enforcement agency, of all personal
property found in a wrecked, disabled or abandoned vehicle shall be provided to the
wrecker operator. The wrecker operator shall permit the removal of such property by the
vehicle owner or his agent from a stored vehicle during normal business hours without
charge. The agent's authority shall be evidenced by a writing acknowledged by the
owner before a notary public or other person empowered by law to administer oaths. A
signed receipt for each article removed by the owner or his agent shall be obtained.
Personal property shall be defined as any item not affixed to the vehicle that was in the
vehicle at the time of the tow. In the case of vehicles stored where no "hold order"' has
been placed, the wrecker operator will directly release any vehicle upon presentation of
proper proof of identification and ownership. If these conditions cannot be met due to
unusual or extraordinary circumstances, the vehicle will be released only upon
authorization obtained from the law enforcement agency.
Wrecker operators handling the initial tow shall exercise reasonable care and control of
parts and contents located in, vehicles while under their protection or while in storage.
(12) During the hours from 8:00 a.m. to 5:00 p.m., Monday through Friday, wrecker
operators shall provide adequate staffing at the storage facility so that personal
property may be removed from the vehicle or the vehicle itself may be released without
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_,__..................... __............. , ,-
undue delay.
(13) Should it become necessary that personal property be removed from a vehicle or a
vehicle be released when the storage facility is not staffed, the wrecker operator will be
required to do so and allowed to charge a reasonable fee.
(f) Jurisdiction. The provisions of this section shall apply to all wrecker operators providing towing
and the removal of motor vehicle service and motor vehicle storage in the unincorporated area
of the county, at the request of a law enforcement operator. In the case of an operator who
provides towing and removal service covered by this section in the unincorporated area but
provides motor vehicle storage service within a municipality, this section shall govern the
storage service unless the municipality has adopted and maintains in effect ordinances or
regulations governing the same subject matter. In the case of an operator who provides towing
and removal service within a municipality at the request of a municipal police officer but
provides motor vehicle storage for vehicles so removed in the unincorporated area and the
municipality has adopted and maintains in effect ordinances or regulations governing the
storage of motor vehicles towed at the request of a municipal police officer, then the operator
shall follow such municipal ordinances or regulations. If the municipality has neither adopted
nor maintained such ordinances or regulations governing the storage of vehicles towed at the
request of a municipal police officer, then the applicable provisions of this section shall govern
the storage of such vehicles.
(9) Penalties. This section may be enforced by the Florida Highway Patrol and the sheriffs office.
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Chapter 25. Traffic and Vehicles.
Monroe County Code
Monroe County, Florida, Code of Ordinances>> -CODE OF ORDINANCES >> Chapter 25 TRAFFIC AND
VEHICLES >>
Chapter 25 TRAFFIC AND VEHICLES U1
ARTICLE I.- IN GENERAL
ARTICLE 11.-STOPPING,STANDING AND PARKING
-FOPTNOTE(S):
(Back)
Monroe County, Florida, Code of Ordinances>> -CODE OF ORDINANCES >> Chapter 25 -TRAFFIC AND
VEHICLES >> ARTICLE 1. IN GENERAL >>
ARTICLE I.IN GENERAL
Sec.25-1. UnJoEM_count cit,�aan form.
Sec.25-2. Establishment of countv seed zones.
Sec.25-3. Hjtchh�kn .
Sec.25-4. Reaulation of wrecker operators who Drovide towina and story services at the reauest of law enforcement
officers.
Sec.25-5. Prohibition of obstruction of traffic.
S e c..........2 5:6...........Penalties.
Secs.25-7-25-26. Reserved.
--.-...............-..............
Sec. 25-1. Unfforn'i colunty citation form
For the purposes of section 25-3, and any other traffic control ordinances to be enacted under
the authority of F.S. § 316.008(1), a uniform county citation form is hereby adopted.
Sec. 25-2. Establistment of couinty speed zones.
(a) The speed of 25 miles per hour is hereby established for all county roads; provided, however,
following speed limits are established for certain county roads in residence districts as follows:
Keys Streets mph
Key West Duval Street, Eaton Street, Palm Avenue, 1st Street, Whitehead Street, Bertha Street, Flagler 30
Avenue
Key West ttantic Blvd. (within Higgs Beach) 15
Big Coppitt Prado Circle 15
Geiger Boca Chica Road (from U.S. I to Venus Lane and from Boundary Lane to end) 30
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Bay Point West Circle Drive, East Circle Drive 15
Sugarloaf Sugarloaf Blvd. 30
Cudjoe Blimp Road 30
SummertandNiles Road, Ocean Drive, Westshore Drive 30
Middle iddle Torch Road 30
Torch
Big Torch Dorn Road 30
Little Torch State Road 4A 30
Big, Pine Newfound Blvd. (U.S. 1 to Sea Camp), Watson Blvd. (from Eden Pines to Ave. B), Long Beach Road, 30
Key Deer Blvd.
Big Pine Tropical Trader Road, Springtime Road, Frostproof Road, Journey's End Road, Sunset Road, Sunrise 15
Road
Key Largo Sweeting Road, Sunrise Drive, Tarpon Street, Old Tavernier Cove Subdivision; Ocean View Trail, 15
Tavernier Heights; Atlantic Circle Drive and Tavern Drive, Tavernier 2 Subdivision; North Sunrise
Drive, Tavernier Trail, Ocean Trail, Singleton's Add. to Tavernier Cove Subdivision; Treasure
Boulevard, Francis Drake Drive, Gasparitta Drive, Jean LaFitte Drive, Jolly Roger Drive, Pirates
Drive, Anne Bonny Drive, Barracoa Drive, Arica Drive, Tortuga Drive, Henry Morgan Drive, LeGrand
Drive, John Silver Drive, Blackboard Drive, Buccaneer Drive, Long Ben Drive, Pirates Cove
Subdivision
Countywide ISchoot Zones dl 5
(b) The following speed limits are hereby established for certain other roads:
Road Direction From To mph
C NB U.S. 1 8.0 miles N. of U.S. 1 55
905
8.0 miles N. of U.S. 1 C 905A 45
C 0905A 1.2 mites N. of C 905A 50
1.2 mites N. of C 905A 1.45 miles N. of C 905A 40
1.45 mites N. of C 905A Ocean Reef Club 30
SB Ocean Reef Club 0.6 miles N. of C 905A 50
0.6 mites N. of C 905A C905A 40
C 905A 0.3 miles N. of U.S. 1 55
0.3 mites N. of U.S. 1 U.S. 1 45
C W B C 905 3.9 miles W. of C 905 55
05
3.9 miles W. of C 905 Dade County Line 45
EB Dade County Line Card Sound Toll Booth 40
Card Sound Toll Booth 3.9 miles W. of C 905 45
3.9 miles W. of C 905 0.4 mites W. of C 905 55
0.4 mites W. of C 905 IC 905 5
(c) The following speed limits are hereby established for C905 and Card Sound Road (C905A):
Road IDirectionlFrom Lo lmph
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C905 JNB U.S. 1 8.0 mites N. of U.S. 1 55
8.0 miles N. of U.S. I C905A 45
C0905A 1.2 miles N. of C905A 50
1.2 miles N. of C905A 1.45 mites N. of C905A 40
1.45 N. of C905A Ocean Reef Club 30
SB Ocean Reef Club 0.6 mites N. of C905A 50
0.6 miles N. of C905A C905A 40
C905A 0.3 mites N. of U.S. 1 55
0.3 mites N. of U.S. I U.S. 1 45
C905*13 C905 3.9 mites W. of C905 55
3.9 mites W. of C905 Dade County Line 45
EB Dade County Line Card Sound Toll Booth 40
Card Sound Toll Booth 3.9 miles W. of C905 45
3.9 mites W. of C905 0.4 miles W. of C905 55
0.4 mites W. of C905 C905 45
Sec. 25-3. Hitch hiking.
(a) Definitions. The following words, terms and phrases, when used in this section, shall have the
meanings ascribed to them in this subsection, except where the context clearly indicates a
different meaning:
Hitchhike, solicit or attempt to solicit a ride from the driver of any vehicle means any overt act
on the part of an individual indicating that he is seeking to have a passing vehicle stop for the
purpose of obtaining a ride from the driver thereof.
Overt act includes and shall be limited to the waving of one or both arms or gesturing with the
arms or hands or body in such a manner so as to attract the attention of passing motorists in an
attempt to have them stop their vehicle and give such person a ride. The overt act shall also include
the wearing or use of signs large enough to be read by passing motorists indicating that the individual
wishes to be transported. No other overt acts shall constitute an element of the offense prohibited by
this section. Only the person exhibiting such overt act shall be in violation of this section, and this
section shall not apply to any person merely because he happens to be present near the person who
is exhibiting the overt act.
(b) Prohibited. It shall be unlawful for any person to stand or position himself upon any county,
state or federal street, highway or road right-of-way lying within the unincorporated areas of
the county, and hitchhike, solicit or attempt to solicit a ride from the driver of any vehicle.
(c) Exceptions. This section shall not apply to instances involving a disabled vehicle that due to
mechanical or other reason is incapable of operation in a safe manner, where the driver of
such vehicle exits the vehicle and either lifts the hood or places a handkerchief or rag or
similar distress signal on such vehicle indicating that such vehicle is disabled. Nor shall this
section apply if such driver of such disabled vehicle hitchhikes, solicits or attempts to solicit
assistance from passing motorists so long as he shall do so in the immediate 20-foot vicinity of
the disabled vehicle. This section shall likewise not apply to any instance of valid public or
private emergency wherein the health, safety and physical safety of a person is in jeopardy
and such person is in immediate need of medical attention, police or fire protection.
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(d) Notice. Notice shall be posted at or near the Monroe-Dade County line, in the unincorporated
area of Key Largo, Plantation Key, Islamorada, Marathon, Big Pine Key, Boca Chica and at the
beginning of the unincorporated portion of Stock Island, Monroe County, Florida, that
hitchhiking is prohibited in the unincorporated area of this county, with the exception of the
notice posted at the Dade-Monroe County line and the notice posted at Stock Island. All such
notices shall have such notice posted on both sides of such notice.
Sec. 25-4. Regulation of wrecker, operators who I,,)rovide towling and storage services at
the request of law enforcernenit officers.
(a) Definitions. The following words, terms and phrases, when used in this section, shall have the
meanings ascribed to them in this subsection, except where the context clearly indicates a
different meaning:
Administrative fee means the charge for researching and documenting the registered owner of
a, motor vehicle towed and stored by a wrecker operator.
Commercially manufactured wrecker means a tow truck that is:
(1) Designed and constructed by a wrecker manufacturer that offers its wreckers for sale;
or
(2) Assembled by a business licensed and approved to assemble and certify wreckers
according to manufacturer's specifications.
Motor vehicle or vehicle means any motor vehicle as described in F.S. § 320.01(1).
Notification fee means the charge for notifying a motor vehicle owner and any lien holders that
a wrecker operator has towed and stored the motor vehicle.
Wrecker means tow truck.
Wrecker operator or operator means the individual, partnership, corporation, or business
entity engaged for hire in the recovery, towing removal, or storage of wrecked, disabled, stolen or
abandoned motor vehicles. For the purpose of this section, a hired driver or employee shall be
governed by this section and shall be considered an agent of the wrecker operator.
(b) Wrecker classification and required equipment.
(1) Each tow truck owned or maintained by a wrecker operator shall be commercially
manufactured and shall conform to all other requirements of this section. The
requirements of this section are waived only for those operators with tow trucks that
were purchased before the effective date of the ordinance from which this section is
derived or that were under a bindling contract to purchase entered into before the
effective date of the ordinance from which this section is derived.
(2) All tow trucks shall be equipped with a business-type communication radio or mobile
telephone or cellular telephone. There shall be one radio or phone for each truck. The
equipment shall be licensed and approved by the Federal Communications Commission.
The mobile radio or telephone shall enable the wrecker operator to communicate with
his trucks within his usual area of operation. A citizens band radio does not meet the
requirements of this subsection.
(3) Specifications and required equipment shall be as follows:
a. All wreckers (all classifications) shall include the following:
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1. A cradle, tow plate or tow sling to pick up motor vehicles. The cradle, tow
plate or tow sling shall be equipped with safety chains and constructed in
such a manner that it will not damage the motor vehicle to be towed;
2. Dual rear wheels;
3. The name, address and telephone number of the wrecker operator shall
be painted or permanently affixed in a conspicuous place on both sides of
the trucks, as required by F.S. § 713.78(2);
4. At least one heavy duty push broom with a minimum width of 24 inches;
5- One square shovel;
6. One ax;
7. One crowbar or prybar with a minimum length of 30 inches;
8. Minimum of one five-pound carbon dioxide or dry chemical fire extinguisher
or equivalent. Must be approved type and have a current inspection tag
attached;
9. One pair of bolt cutters with a minimum opening of one-half inch;
10- One set of jumper cables;
11. One four-way lug wrench;
12. One flashlight;
13. Five 30-minute fuses;
14. One snatch block for each winch with manufacturer's rating to match
winch;
15. Extra towing chain six to eight feet in length with hooks;
16- At least three safety cones or triangle reflectors; and
17. Fifty pounds of sand or petroleum absorbent.
b. Class "A"wreckers (for the removal of cars and light duty trucks and vehicles
weighing 10,000 pounds gross vehicle might or less). Specifications and
equipment in addition to requirements outlined in subsection (b)(3)a of this
section, shall be as follows:
1 A truck chassis with a manufacturer's rated capacity of at least 10,000
pounds gross vehicle weight. A complete, commercially manufactured
boom and winch having a manufacturer's combined rating of at least four
tons must be mounted on the chassis. Hand crank winches do not satisfy
these requirements and will not be approved;
2. A minimum of 100 feet of three-eighths-inch cable;
3. Dollies;
4. Flood lights on the hoist;
5. Vehicles that are equipped with wheel lifts or the equivalent may also
qualify as class A tow trucks so long as they are equipped with a boom and
all other applicable requirements are met. Wheel lifts shall be rated at a
minimum of 3,0100 pounds lift capacity and must use wheel safety straps
when lifting vehicles by the wheel's only; and
6. Operators who wish to remove cars and light trucks may have, in addition,
a roll-back or slide-back carrier truck/trailer with specifications and the
equipment as provided in subsection (b)(3)c. of this section.
C. Class "A"roll-back or slide-back wreckers (for the removal of cars and light duty
trucks and vehicles weighing 10,000 pounds gross vehicle might or less).
Specifications and equipment for roll-back or slide-back carriers in addition to the
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requirements outlined in subsection (b)(3)a. of this section shall include the
following:.
1• A truck chassis with a manuifacturer's rated capacity of at least 10,000
pounds gross vehicle weight with a minimum of a 16-foot bed, dual rear
wheels and a winch with at least 8,000 pounds capacity;
2. A minimum of 50 feet of three-eighths-inch cable;
3. A minimum of two safety tie-down chains of at least ten feet each in length;
4. Two spot (flood) lights mounted on the rear of the carrier; and
5• A roll-back or slide-back carrier trailer shall meet the following
requirements:
(i) A commercially manufactured carrier trailer with a rated capacity of
at least 8,000 pounds gross vehicle weight with a minimum 16-foot
bed. A winch with at least 8,000 pounds capacity;
(ii) A minimum of 50 feet of three-eighths-inch cable;
(iii) Brakes and trailer lights that meet the minimum statutory
requirements of state law,
(iv) Safety chains; and
(v) Must be towed by and used in conjunction with an approved wrecker
that meets or exceeds the class of the vehicle to be towed.
d• Class "B"wreckers (for removal of medium duty trucks or vehicles weighing
20,000 pounds gross vehicle weight or less). Specifications and equipment in
addition to the requirements outlined in subsection (b)(3)a. of this section, shall
be as follows:
1 A truck chassis with a manufacturer's rated capacity of at least 20,000
pounds gross vehicle weight. A complete, twin-winch, commercially
manufactured boom and winches having a manufacturer's combined rating
of at least ten-ton capacity mounted on the chassis;
2. A minimum of 100 feet of at least one-half-inch cable on each drum;
3. One set of scotch blocks for wheels or hydraulic rear-extendable scotch
blocks; and
4. Floodlights on the hoist.
e. Class "C"wreckers (for removal of heavy duty trucks, house trailers, buses, etc.,
weighing over 20,000 pounds gross vehicle weight). Specifications and equipment
in addition to the requirements outlined in subsection (b)(3)a. of this section, shall
be as follows:
1• A truck chassis with a manufacturer's rated capacity of at least 30,000
pounds gross vehicle weight and 30,000 pounds gross vehicle weight for
tandem axle trucks. A complete, twin-winch, commercially manufactured
boom and winches having a manufacturer's combined rating of at least 25-
ton capacity mounted on the chassis;
2• A minimum of 200 feet of at least five-eighths-inch cable on each drum;
3. Air brakes so constructed as to lock the rear wheels automatically upon
failure;
4. External air hookup and hoses, to supply air to disabled vehicles;
5. One set of scotch blocks for wheels or hydraulic rear-extendable scotch
blocks; and
6. Floodlights on the hoist.
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(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,
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, 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.
(5) This section only applies to wrecker operators providing towing services to law
enforcement agencies.
Insurance requirements. No person shall for compensation recover, tow, or remove a motor
vehicle or provide motor vehicle storage or otherwise function as a wrecker operator until that
person maintains in effect an insurance policy or policies that shall insure that person for its
liability at a minimum:
(1) For each tow truck, combined single limit of$500,000.00; and
(2) For garage keeper's liability, in an amount not less than $50,000.00 for each loss
covering perils of fire and explosion, theft of a motor vehicle and parts or contents, riot
and civil commotion, vandalism, malicious mischief, and for on-hook protection.
(d) Rates.
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:
Class A Wrecker Service
Base rate (anytime a wrecker is called to a site) $135.00
Inside storage (per day) $40.00 plus $2.00 per foot for motor vehicles over 20 feet
Long
Outside storage (per day) $30.00 plus $2.00 per foot for motor vehicles over 20 feet
long
Administration fee $25.00
Notification fee �$50.00 first notification $20.00 each additional, letter
Aileage rate from wrecker station to site and return $3.00 per mile
Per hour charge beginning upon arrival on site, in one- $135.00
.olurth-hour increments
After hours gate fee $75.00
Service call $75.00
Class 8 Wrecker Service
Base rate (anytime a wrecker is called to a site) $200.00
Inside storage (per day) $40.00 plus $2.00 per foot for motor vehicles over 20 feet
long
Outside storage (per day) $30.00 plus $2.00 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 return 1$4.00 per mile
I I I
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Per hour charge beginning arrival on site, in one-fourth- $180.00
hour increments
After hours gate fee $75.00
Service call $75.00
Class C Wrecker Service
Base rate (anytime a wrecker is called to a site) $485.00
Mileage rate from wrecker station to site and return $5.00 per mile
Inside storage (per day) $40.00 plus $2.00 per foot for motor vehicles over 20 feet
long
Outside storage (per day) $30.00 plus $2.00 per foot for motor vehicles over 20 feet
long
Administration fee $25.00
Per hour charge beginning upon arrival on site, in one- $300.00
fourth-hour increments
After hours gate fee $75.00
Service call 1$75.00
(2) 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.
(3) 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 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 that 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.
(4) 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.
(5) Every wrecker operator shall conspicuously display at his place of business the
maximum charge that he may impose for the towing and storage services covered by
this section.
(e) Storage facilities.
(�) Wrecker operators shall provide storage facilities that shall be maintained at the
operator's place of business. These facilities must be fenced and locked for the
protection of vehicles and property.
(2) The wrecker operator shall provide storage for all impounded/towed vehicles in an
outside storage area unless specific written instructions are given for inside storage by
the impounding law enforcement officer. If required for investigative purposes, the
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wrecker operator shall move the vehicle to a designated area for processing prior to
storage. In such instance, the law enforcement agency will not authorize release of the
vehicle until all outstanding charges by the operator, as authorized by this section have
been satisfied.
(3) The wrecker operator shall not change the type of storage facility (inside or outside)
afforded a vehicle without written permission from the troop commander or other officer
in charge. The wrecker operator shall not change the storage facility location without
first obtaining written permission from the troop commander or other officer in charge.
(4) The storage facility must be owned or leased solely by the wrecker operator and
vehicles stored by the operator must be separately fenced and locked.
(5) The registered owner of a vehicle or the owner's representatives or owner's insurance
adjusters, upon proper identification, shall be permitted to inspect or photograph stored
vehicles during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. The
wrecker operator shall not require the owner, adjuster or representative to pay any fee
in order to inspect or photograph the stored vehicle.
(6) All fencing shall be chainlink or solid-wall type and at least six feet in height where
permissible under land use regulations of the county to discourage theft of any vehicle
or any property being stored inside. All storage facilities shall be illuminated with lighting
of sufficient intensity to reveal persons and vehicles at a distance of at least 150 feet
during nighttime.
(7) Permanent inside storage facilities must be available for 24-hour storage when weather
or other conditions require inside storage for the protection of the vehicle or personal
property. A lean-to, tent or shed does not meet the requirements of this section. Inside
storage must be within a weather-tight building.
(8) A minimum of 25 storage spaces with three inside storage spaces must be available.
Service bays or repair bays do not quality as inside storage, nor does any area that is
used for any activity other than serving as a permanent inside storage area, when
vehicles are actually stored inside at the request of a law enforcement agency or the
owner of a vehicle.
(9) Wrecker operators shall comply with hold orders placed by the law enforcement agency,
including any instructions for inside or outside storage. Vehicles involved in a fatality
and sealed by the traffic homicide investigator shall remain intact until the seals are
removed by the investigator. No property of any kind shall be released to anyone
without authority of the homicide investigator. If no fatality occurred, then the vehicle
and the property may be released by the wrecker operator upon valid proof of
ownership once the hold is released.
0 0) A copy of an inventory prepared by the law enforcement agency, of all personal
property found in a wrecked, disabled or abandoned vehicle shall be provided to the
wrecker operator. The wrecker operator shall permit the removal of such property by the
vehicle owner or his agent from a stored vehicle during normal business hours without
charge. The agent's authority shall be evidenced by a writing acknowledged by the
owner before a notary public or other person empowered by law to administer oaths. A
signed receipt for each article removed by the owner or his agent shall be obtained.
Personal property shall be defined as any item not affixed to the vehicle that was in the
vehicle at the time of the tow. In the case of vehicles stored where no "hold order" has
been placed, the wrecker operator will directly release any vehicle upon presentation of
proper proof of identification and ownership. If these conditions cannot be met due to
unusual or extraordinary circumstances, the vehicle will be released only upon
authorization obtained from the law enforcement agency.
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(11) Wrecker operators handling the initial tow shall exercise reasonable care and control of
parts and contents located in vehicles while under their protection or while in storage.
(12) During the hours from 8:00 a.m. to 5:00 p.m., Monday through Friday, wrecker
operators shall provide adequate staffing at the storage facility so that personal
property may be removed from the vehicle or the vehicle itself may be released without
undue delay.
(13) Should it become necessary that personal property be removed from a vehicle or a
vehicle be released when the storage facility is not staffed, the wrecker operator will be
required to do so and allowed to charge a reasonable fee.
(f) Jurisdiction. The provisions of this section shall apply to all wrecker operators providing towing
and the removal of motor vehicle service and motor vehicle storage in the unincorporated area
of the county, at the request of a law enforcement operator. In the case of an operator who
provides towing and removal service covered by this section in the unincorporated area but
provides motor vehicle storage service within a municipality, this section shall govern the
storage service unless the municipality has adopted and maintains in effect ordinances or
regulations governing the same subject matter. In the case of an operator who provides towing
and removal service within a municipality at the request of a municipal police officer but
provides motor vehicle storage for vehicles so removed in the unincorporated area and the
municipality has adopted and maintains in effect ordinances or regulations governing the
storage of motor vehicles towed at the request of a municipal police officer, then the operator
shall follow such municipal ordinances or regulations. If the municipality has neither adopted
nor maintained such ordinances or regulations governing the storage of vehicles towed at the
request of a municipal police officer, then the applicable provisions of this section shall govern
the storage of such vehicles.
(9) Penalties. This section may be enforced by the Florida Highway Patrol and the sheriffs office.
See. 2 - . Prohibition of obstruction f traffic..
It is unlawful for any person or persons willfully to obstruct the free, convenient, and normal
use of any public street, highway, or road in the unincorporated areas of Monroe County by
impeding, hindering, stifling, retarding, or restraining traffic or passage thereon, by standing or
approaching motor vehicles thereon, or by endangering the safe movement of vehicles or
pedestrians traveling thereon; and any person or persons who violate the provisions of this
subsection, upon conviction; shall be cited for a pedestrian violation, punishable as provided in
sections 25-6, Monroe County Code.
L9. No. 025-2010 6 10'
Sec. 2 -6. Penalties.
(a) Any person cited for a violation of section 25-5, Monroe County Code is charged with a
noncriminal infraction and shall be cited for such an infraction as well as the corresponding
state statute and shall be cited to appear before the court official who handles other traffic
violations.
(b) Any person cited for an infraction under this section must sign and accept a citation indicating
a promise to appear. The officer may indicate on the traffic citation the time and location of the
scheduled hearing and must indicate the applicable civil penalty established in F.S. § 318.18.
(c) Any person who willfully refuses to accept and sign a summons is guilty of a misdemeanor of
the second degree.
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Ord, No. 025-2011. 20
Secs. - -26. Reserved.
.
Monroe County, Florida, Code of Ordinances>> -CODE OF ORDINANCES >> Chapter 25 -TRAFFIC
VEHICLES >> A TICLE IL STOPPING, STANDING AND PARKING >>
ARTICLE II.STOPPING,STANDING AND PARKING 171
Sec.25-27. Prohibition or restrictions on narking vehicles:signs to be erected:penalties
Sec 25-28 Collection of civil parking penalties
Sec.25-29. Disabled parking space violations
Sec.25-30.Civil penalty for illegal parking at courthouse.
Sec.25-31.Civil penalty for illegal parking on U.S. 1 eight-of-way.
Sec.25-32.QW1 penalty for illegal parking between paved roadways of North and South Airport Drive
Sec.25-33 Civil penalty,for illegal parking at public works garage
Sec.25-34. Parking on county roads Prohibited during certain tomes for street cleaning.
Sec.25-35.Storage of vehicles on county right-of-way prohibited
Sec. 5-27. Prohibition hibitio r restrictions ,n parking vehicles; signs be erected;
penalties.
(a) The board of county commissioners may by resolution restrict or prohibit the parking, standing
or stopping of vehicles along county roads. The road affected must be posted with signs that
state the restriction or prohibition. After posting, no person may park, stop or stand a vehicle in
violation of the posted restriction or prohibition.
(b) The board of county commissioners may by resolution restrict or prohibit the parking, standing
or stopping of trucks with a capacity of one ton or more on county roads within areas
designated Improved Subdivision or Suburban Residential. The road affected must be posted
with signs that state the restriction or prohibition. After posting, no person may park, stop or
stand such a truck in violation of the posted restriction or prohibition.
(c) The board of county commissioners may by resolution restrict or prohibit the parking, stopping
or standing of vehicles on hazardous or congested portions of county roads, intersections or
parking lots. The portion of the road, intersection or parking lot affected must be posted with
signs that state the restriction or prohibition. After posting, no person may park, stop or stand
a vehicle in violation of the posted restriction or prohibition.
(d) The board of county commissioners may by resolution restrict or prohibit the parking, standing,
or stopping of vehicles along county roads during the nighttime hours. The road affected must
be posted with signs that state the restriction or prohibition. After posting, no person may park,
stop or stand a vehicle in violation of the posted restriction or prohibition.
(e) The noncriminal civil penalty for a violation of subsection (a), (b), (c) or (d) of this section and
of the resolution designating the restricted or prohibited parking area is $20.00. A law
enforcement officer or parking enforcement specialist who discovers a vehicle parked in
violation of subsection (a), (b), (c) or (d) of this section and the resolution may issue a ticket in
the form used by the county for parking violators to the driver or, if the vehicle is unattended,
attach the ticket to the vehicle in a conspicuous place. Penalties collected under this section
must be remitted to the county's general fund.
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Sec. 25-28. Collection of civil parking 1,xnaltles.
As authorized by F.S. § 316.1967(6), the county clerk of the court is directed to supply the
state department of highway safety and motor vehicles with a magnetically encoded computer tape
reel or cartridge, or to supply by other electronic means, data that is machine readable by the
installed computer at the department, listing persons who have three or more outstanding county
parking violations or one or more violations of section 25-29, concerning parking in spaces
designated for use by persons who have disabilities.
Sec. 25-29. Disabled parking space violations.
(a) A fine of$250.00 is hereby imposed for violations involving illegal parking in parking spaces
designated under F.S. §§ 316.1955 and 316.1957 for disabled persons. A law enforcement
officer or parking enforcement specialist who discovers a vehicle parked in violation of this
subsection may issue a ticket, in the form used by the county for parking violations, to the
driver or, if the vehicle is unattended, attach the ticket to the vehicle in a conspicuous place.
(b) Such fine shall be utilized in the following manner:
(1) One-third shall be deposited in the fine and forfeiture account to defray expenses for
the administration of this section.
(2) Two-thirds shall be used to provide funds to improve accessibility and equal opportunity
to qualified physically disabled persons in the county and to provide funds to the county
commission for the handicapped to conduct public awareness programs in the county
concerning physically disabled persons.
Sec. 25-30. Civil penalty for illegal parking at court1house.
(a) The noncriminal civil penalty for a violation of section 2 of Resolution No. 073-1994, parking in
an area at the Key West Courthouse Complex reserved for employees of the county, state and
constitutional officers and persons summoned for jury duty, shall be $20.00. A law enforcement
officer or parking enforcement specialist who discovers a vehicle parked in violation of this
section may issue a ticket in the form used by the county for parking violations to the driver or,
if the vehicle is unattended, attach the ticket to the vehicle in a conspicuous place. All parking
ticket penalties collected pursuant to this section shall be remitted to the county's general fund.
(b) In the case of violators parked in parking spaces in violation of Resolution No. 073-1994, the
law enforcement officer or parking enforcement specialist, in addition to charging the owner
and/or operator with the noncriminal violation set forth in subsection (a) of this section, may
have the vehicle towed and impounded at the owner's expense. The cost of such towing and
impoundment shall be a lien against the vehicle. In the event that the county court determines
that the noncriminal violation charged was invalid:
(1) The vehicle shall be immediately released without charge and with the lien provided for
in this section automatically extinguished; or
(2) If the owner or operator has paid the cost of towing and impoundment, the amount paid
shall be refunded.
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Sec. 25-31. Civil penalty for illegal parking oil U.S. I right-of-way.
(a) No person may park, stand or stop a vehicle within the right-of-way of U.S. 1 in the
unincorporated area of the county in such a way that a violation of F.S. § 337.406(1) occurs.
(b) The noncriminal civil penalty for a violation of subsection (a) of this section is $20.00. A law
enforcement officer or parking enforcement specialist who discovers a vehicle parked in
violation of subsection (a) of this section may issue a ticket in the form used by the county for
parking violations to the driver or, if the vehicle is unattended, attach the ticket to the vehicle in
a conspicuous place. Penalties collected under this section may be remitted to the county's
general fund.
(c) In the case of violators parked in violation of subsection (a) of this section for a period of six
continuous hours or more, the law enforcement officer or parking enforcement specialist, in
addition to charging the owner and/or operator with the noncriminal violation set forth in
subsection (b) of this section; may have the vehicle towed and impounded by an operator
qualified under the county's towing ordinance, at the owner's expense. The cost of such towing
and impoundment shall be a lien against the vehicle. In the event that a court of the Sixteenth
Judicial Circuit determines that the noncriminal violation charged was invalid:
(1) The vehicle shall be immediately released without charge and with the lien provided for
in this section automatically extinguished; or
(2) If the owner or operator has paid the cost of towing and impoundment, the amount paid
shall be refunded from the county's general fund.
Sec. 25-32. Civil penalty for illegal I'mrking between paved roadways of North and
South Airport Drive.
(a) No person may stop, stand, or park a vehicle within the right-of-way between the paved
roadways of North and South Airport Drive and the runway on Summerland Key.
(b) The director of public works division is directed to post appropriate traffic control devices
informing the public of the parking prohibition on North and South Airport Drive.
(c) The noncriminal civil penalty for a violation of subsection (a) of this section is $20.00. A law
enforcement officer or parking enforcement specialist who discovers a vehicle parked in
violation of this section may issue a ticket in the form used by the county for parking violations,
to tithe driver or, if the vehicle is unattended, attach the ticket to the vehicle in a conspicuous
place. All parking ticket penalties collected under this section may be used for any purpose
authorized by law.
Sec. 25-33. Civil penalty for illegal parking at public works garage.
(a) The noncriminal civil penalty for a violation of section 2 of Resolution No. 345-1994, parking on
Stickney Lane in the vicinity of the public works garage in Key West reserved for county
employees, is $20.00. A law enforcement officer or parking enforcement specialist who
discovers a vehicle parked in violation of the resolution and this section may issue a ticket in
the form used by the county for parking violations to the driver or, if the vehicle is unattended,
attach the ticket to the vehicle in a conspicuous place. All parking ticket penalties collected
pursuant to this section must be remitted to the county's general fund.
(b) In the case of violators parked in violation of Resolution No. 345-1994, the law enforcement
officer or parking enforcement specialist, in addition to charging the owner or operator with the
noncriminal violation set forth in subsection (a) of this section, may have the vehicle towed and
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impounded at the owner's expense. The cost of such towing and impoundment shall be a lien
against the vehicle. If the county court determines that the noncriminal violation charged was
invalid:
(1) The vehicle must be immediately released without charge and with the lien provided for
in this section automatically extinguished; or
(2) If the owner or operator has paid the cost of towing and impoundment, the amount paid
must be refunded.
Sec. 25-34. Flarking on county roads prohibited during certain tirnes for street
cleaning.
(a) The operator of a motor vehicle shall not park the motor vehicle on the shoulder of any county
roadway during the time and date that official signs prohibit parking for the purposes of
cleaning the road and the road shoulders.
(b) The prohibition on parking for street cleaning purposes is not effective on any county road, or
section thereof, until the county public works division has posted the county road, or a section
of the road, with official signs that read substantially as follows:
NO PARKING ON THE (for example, Third Tuesday) OF EACH MONTH BETWEEN THE
HOURS OF AND FOR STREET CLEANING. VEHICLES IN
VIOLATION MAY BE TICKETED OR TOWED.
(c) After the no-parking signs described in subsection (b) of this section have been in place for 30
days, the operator of a motor vehicle parked in violation of section one may be issued a county
parking ticket by a law enforcement officer or parking enforcement specialist, either in person
or by placing the parking ticket on the motor vehicle, as provided by law. Responsibility for the
payment of the parking ticket is as provided by general law.
(d) If the operator of the vehicle parked in violation of subsection (a) of this section refuses to
move the motor vehicle, or the motor vehicle is inoperable, a law enforcement officer may have
the motor vehicle towed and stored at the owner of the motor vehicle's expense pursuant to
section 25-4.
Sec. 25-35. Storage of v,elhicles on county rig1ht-of-way Il rol-ii1bited.
(a) Within any residential district, no trucks, trailers, travel trailers, or buses of one-ton or greater
capacity or recreational vehicle-type units, as defined in F.S. § 320.01, in excess of 42 feet in
length and in excess of 8.5 feet in width shall be stored on the paved part of any public right-
of-way. No trailers of less than one-ton capacity, including all pleasure boat trailers regardless
of capacity, collapsible camping trailers and cargo trailers shall be parked, or stored on any
public right-of-way, but such trailers may be parked on private property in any district pursuant
to section 17-6 and part 11 of this Code.
(b) No motor vehicle of any type shall be stored on any public right-of-way. A motor vehicle parked
on a public right-of-may in excess of 72 hours shall be presumed to be stored.
(c) A law enforcement officer or parking enforcement specialist who discovers a vehicle parked in
violation of this section may issue a ticket in the form used by the county for parking violations
to the driver or, if the vehicle is unattended, attach the ticket to the vehicle in a conspicuous
place. All parking ticket penalties collected pursuant to this section must be remitted to the
county's general fund.
(d) In the case of a violation of this section, the law enforcement officer or parking enforcement
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___................__............
specialist, in addition to charging the owner or operator with any noncriminal violation set forth
in subsections (a) through (c) of this section, may have the vehicle towed and impounded at
the owner's expense. The cost of such towing and impoundment shall be a lien against the
vehicle. If the county court determines that the noncriminal violation charged was invalid:
The vehicle must be immediately released without charge and with the lien provided for
in this section automatically extinguished; or
(2) If the owner or operator has paid the cost of towing and impoundment, the amount paid
must be refunded.
Ord. No. 025-2QIP.�21 Ord.No.
FOOTNOTE(S):
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Florida Statutes:
• F.S. 323.001 Wrecker operator storage facilities; vehicle holds.
• F.S. 337.406 Unlawful use of state transportation facility right-of-
way; penalties.
Select Year ��—1
�_�
The 2013 Florida Statutes
MOTOR VEHICLES WRECKER OPERATORS
CHAPTER 323
WRECKER OPERATORS
323.001 Wrecker operator storage facilities; vehicle holds.
]Z3.00I County and municipal wrecker operator systems; penalties for operation outside of system.
323.001 Wrecker operator storage facilities; vehicle holds.—
(1) An investigating agency may place a hold on a motor vehicle stored within a wrecker operator's
storage facility for a period not to exceed 5 days, excluding holidays and weekends, unless extended in
writing.
(Z) The investigating agency must notify the wrecker operator in writing within 5 days, excluding holidays
and weekends, whether the hold is to be continued. If no notification follows this period of time, the wrecker
operator may release the vehicle tm the designated person pursuant tma. 713,78,
(a) If the hold,is to continue beyond 5 days, excluding holidays and weekends, the investigating agency
may have the vehicle removed to a designated impound Lot, in which event the vehicle witi,not be released by
the investigating agency to the owner or tienholder of the vehicle until proof of payment of the towing and
storage charges incurred bv the wrecker operator is presented to the investigating agency-
(b) If the investigating agency chooses to have the vehicle remain at the wrecker operator's storage
facility beyond 5 days, excluding holidays and weekends,, pursuant to the written notification, the
investigating agency shalt be responsible for payment of the storage charges incurred by the wrecker operator
for the requested extended period. In such an event' the owner mr benholder shalt.be responsible for payment
of accrued towing and storage charges for the first 5 days, excluding holidays and weekends, or any period
less than the first 5 days, excluding holidays and weekends, when the investigating agency either moves the
vehicle from the wrecker operator's storage facility to a designated impound lot or provides written
notification to extend the hold on the vehicle prior to the expiration of the 5 days, excluding holidays and
weekends.
(c) The towing and storage rates for the owner or tienholder of the held vehicle shalt not exceed the
contract or county rates,
(3) |f there is a judicial finding of no probable cause for having continued the immobilization or
impoundment, the investigating agency ordering the hold must pay the accrued charges for any towing and
sLmrage-
(4) The requirements for a written hold apply when the following conditions are present:
(a) The officer has probable cause to believe the vehicle should be seized and forfeited under the Florida
Contraband Forfeiture Act, ss- 932.701-932.706;
(b) The officer has probable cause bo believe the vehicle should be seized and forfeited under chapter
hftp:ltww.v.|��ate.fl.us/Statutesfindexcfm?App_!node=oi�nplay�Statute&UwL=O300-0399/0323/0323.hbTd 1/3
379;
(c) The officer has probable cause to believe the vehicle was used as the means of committing, a crime;
(d) The officer has probable cause to believe that the vehicle is itself evidence that tends, to show that a
crime has been committed or that the vehicle contains evidence, which cannot readily be removed, which
tends to show that a crime has been committed;
(e) The officer has probable cause to believe the vehicle was involved in a traffic accident resulting in
death or personal injury and should be seated for investigation and collection of evidence by a vehicular
homicide investigator;
(f) The vehicle is impounded or immobilized pursuant to s. 316.193 or s. 322.34; or
(g) The officer is complying with a court order.
(5) The hold must be in writing and must specify:
(a) The name and agency of the taw enforcement officer placing the hold on the vehicle;
(b) The date and time the hold is placed on the vehicle;
(c) A general description of the vehicle, including its color, make, model, body style, and year; VIN
(Vehicle Identification Number); registration license plate number, state, and year; and validation sticker
number, state, and year;
(d) The specific reason for placing the hold;
(e) The condition of the vehicle;
(f) The location where the vehicle is being held; and
(g) The name, address, and telephone number of the wrecker operator and the storage facility.
(6) A wrecker operator's storage facility must comply with a hold placed by a Law enforcement officer,
including instructions for inside or outside storage. A wrecker operator's storage facility may not release a
motor vehicle subject to a hold to any person except as directed by the taw enforcement agency placing the
hold.
(7) When a vehicle owner is found guilty of, or pleads noto contendere to, the offense that resulted in a
hold being Iplaced on his or her vehicle, regardless of the adjudication of guilt, the owner must pay the
accrued towing and storage charges assessed against the vehicle.
History.—s. 2, ch. 98-324; s. 110, ch. 99-13; s. 9,ch. 2000-197;s. 71,ch. 2001-61; s. 14,ch.20012-264;s.2, ch. 2005-137; s.
65,ch. 2008-4; s. 31, ch.2009-21.
323.002 County and municipal wrecker operator systems; penalties for operation outside of
system.—
(1) As used in this section, the term:
(a) "Authorized wrecker operator" means any wrecker operator who has been designated as part of the
wrecker operator system established by the governmental unit having jurisdiction over the scene of a wrecked
or disabled vehicle.
(b) "Unauthorized wrecker operator" means any wrecker operator who has not been designated as part of
the wrecker operator system established by the governmental unit having jurisdiction over the scene of a
wrecked or disabled vehicle.
(c) "Wrecker operator system" means a system for the towing or removal of wrecked, disabled, or
abandoned vehicles, similar to the Florida Highway Patrol wrecker operator system described in s. 321.051(2),
,under which a county or municipality contracts with one or more wrecker operators for the towing or removal
of wrecked, disabled, or abandoned vehicles from accident scenes, streets, or highways. A wrecker operator
system shall include using a method for apportioning the towing assignments among the eligible wrecker
operators through the creation of geographic zones, a rotation schedule, or a combination of these methods.
1(2) In any county or municipality that operates a wrecker operator system:
hUp:/hAmw.leg.state.fl.lus/Stauesfindexcfm?ApipjTxxie--Di splay Statute&URL=0300-0399/0323tO323.h" 2(3
(a) It is unlawful for an unauthorized wrecker operator or its employees or agents to monitor police radio
for communications between patrol field units and the dispatcher in order to determine the location of a
wrecked or disabled vehicle for the purpose of driving by the scene of such vehicle in a manner described in
paragraph (b) or paragraph (c). Any person who violates this paragraph commits a noncriminal violation,
punishable as provided in s. 775.083.
(b) It is unlawful for an unauthorized wrecker operator to drive by the scene of a wrecked or disabled
vehicle before the arrival of an authorized wrecker operator, initiate contact with the owner or operator of
such vehicle by soliciting or offering towing services, and tow such vehicle. Any person who violates this
paragraph commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(c) When an unauthorized wrecker operator drives by the scene of a wrecked or disabled vehicle and the
owner or operator initiates contact by signaling the wrecker operator to stop and provide towing services, the
unauthorized wrecker operator must disclose in writing to the owner or operator of the vehicle his or her full
name and driver license number, that he or she is not the authorized wrecker operator who has been
designated as part of the wrecker operator system, that the motor vehicle is not being towed for the owner's
or operator's insurance company or lienholder, whether he or she has in effect an insurance policy providing
at least $300,000 of liability insurance and at least $50,000 of on-hook cargo insurance, and the maximum
charges for towing and storage which will apply before the vehicle is connected to the towing apparatus. Any
person who violates this paragraph commits a misdemeanor of the second degree, punishable as provided in
s. 775,082 or s. 775.083.
(d) At the scene of a wrecked or disabled vehicle, it is unlawful for a wrecker operator to falsely identify
himself or herself as being part of the wrecker operator system. Any person who violates this paragraph is
guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(3) This section does not prohibit, or in any way prevent, the owner or operator of a vehicle involved in an
accident or otherwise disabled from contacting any wrecker operator for the provision of towing services,
whether the wrecker operator is an authorized wrecker operator or not.
History. -s. 3, ch.98-324;s.73, ch. 2012-181;s. 65,ch. 2013-160.
1 Note.—Section 65,ch. 2013-160, purported to amend subsection (2), but did not publish paragraph(d).Absent affirmative
evidence of legislative intent to repeat it, paragraph(d)is published here, pending clarification by the Legislature.
Copyright 0 1995-2014 The Florida Legislature • Privacy Statement • Contact Us
http://www.leg.state.fl.us/statutesfindexcfm?App mode=Display_Statute&URL=0300-0399/0323tO323.hbA 313
~
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Title XXVI Chapter 337 View Entire
PUBLIC CONTRACTING; ACQUISITION, DISPOSAL, AND USE CJF Chal2ter
TRANSPORTATION PROPERTY
337,406 Unlawful use of state transportation facility right-of-way; penmlties.-
|i> Except when leased as provided iDs. (5) Vrotherwise authorized bv the rules Pfthe
department, it is unlawful to make any use of the right-of-way of any state transportation facility, including
appendages thereto, outside of an incorporated municipality in any manner that interferes with the safe and
efficient movement of people and property from place to place on the transportation facility. Failure to
prohibit the use of right-of-way in this manner will endanger the health, safety, and general welfare of the
public by causing distractions to motorists, unsafe pedestrian movement within travel lanes, sudden stoppage
or slowdown, of traffic, rapid lane changing and other dangerous traffic movement, increased vehicular
accidemts, and motorist injuries and fatalities. Such prohibited uses, include, but are not limited to, the free
distribution or sale, or display orsolicitation for free distribution or sate, of any merchandise, goods, property
or services; the solicitation for charitable purposes; the servicing or repairing of any vehicle, except the
rendering of emergency service; the storage of vehicles being serviced or repaired on abutting property or
elsewhere; and the display of advertising of any sort, except that any portion of a state transportation facility
may be used for an art festival, parade, fair. or other special event if permitted by the appropriate local
governmental entity. Local government emdbcs may issue permits of limited duration for the temporary use
of the right-of-way of a state transportation facility for any of these prohibited uses if it is determined that
the use wilt not interfere with the safe and efficient movement of traffic and the use will cause no danger to
the public. The permitting authority granted in this subsection shall be exercised by the municipality within
incorporated municipalities and bv the county outside an incorporated municipality. Before a road on the State
Highway System may be temporarily closed for a special event, the local governmental.entity which permits
the special event to take place must determine that the temporary closure of the road is necessary and must
obtain the prior written approval for the temporary road closure from the department. Nothing in this
subsection shall,be construed to authorize such activities on any limited access highway. Local governmental
entities may, within their respective jurisdictions, initiate enforcement action by the appropriate code
enforcement authority or taw enforcement authority for a violation of this section.
(I) Persons holding valid peddlers' licenses issued by appropriate governmental entities may make sales
from vehicles standing on the right-of-way to occupants of abutting property only.
(3) The Department of Highway Safety and Motor Vehicles and other taw enforcement agencies are
authorized and directed bo enforce this statute.
(4) Camping is prohibited on any portion of the right-of-way of the State Highway System that is within
100 feet oYa bridge, causeway, overpass, or ramp,
(5) The violation of any provision ofthis section Vr any rule promulgated bv the department pursuant to
this section constitutes a misdemeanor of the second degree, punishable as provided in s. 775.082 or s.
, and each day violation continues to exist constitutes e separate offense.
xxpmwwwx|mg.wtate.n.uraSmxmesmnuaucm/?App_nlume=oisplay_�Suatute8Seu,ch-String=&URL=O30G-OV890`387/SemUonn0%37.4O0h" 1/2
~ ~ ry,- . 1, ch. 73-18D; s. 1. ch. 79-3U s' IU6, ch. 81'Z59; s. 16D,ch. 84-3U9;s. ]' ch. 86-37 s. ]'ch. B7-266; s. Z5'ch.
0-168|s. 9' ch. 9O-227 s.43, ch. 95-257; s. 1O,ch. 2OO5'2O1: s. 23' ch. D]1D-22S.
Note.—Formers. ]39.]01.
Copyright (D 1995-2014 The Ftorida Legistature - Privacy Statement * Contact Us
http/AmmN.legatate.fl o ng=&U 212
ISLAMORADA VILLAGE OF ISLANDS
Current Code: Chapter 50. STREETS SIDEWALKS AND OTHER PULBIC PLACES
ARTICLE VII. TOWING:
Sec. 50-100, Islamorada Code of Ordinances
Recent Amens meet s):
5/22/2014 Islamorada,VOI Adopted Ordinance 14-09 (cony attached):
• Sec. 50-100 (b)Definitions.
Added the followine Definition of"Drop":
"Drop shall mean any instance in which a vehicle owner or agent arrives at the scene of a
tow after the vehicle has been connected to the towing or removal apparatus but before
the tow truck has left the premises with said vehicle."
• Sec. 50-100(c)(3)(e) (1): Rates
.b. Added the following"Drop Fee (SO% ofbase rate)"•
Class A $ 67.50
Class B $100.00
Class C $242.50
Added lanauase_to Inside Storaee and Outside Storage (Per Day) Rates:
"No char e for the first six 6 hours Therea ter"
4. Deleted , in "
Gloss A. QQ$��194
Class 380
'Reduced_"A fter 1"zoxrrs p—ateLee" frorm$15.40 to$50.00_(Same fee for Class A, B and C)
Added the following section "Drop Return of Owner Prior to Tow; Fees."
(1) A towing service operating within the city shall not tow a cvehicle or charge for its
services when the registered owner or agent arrives at the sceneprior to the towing,
unless:
a. The registered owner or agent refuses to remove the vehicle, or
b. The vehicle has already been connected to the towing removal apparatus and
the registered owner or agent, lessee, or agent refuses to pay a service fee
(drop fee of not more than one-half the rate contained herein for such towin
service.
(2) When a vehicle owner or agent agrees to nay a service fee (drop fee) in applicable
circumstances the tow truck operator shall wait a minimum of twen 20 minutes at the
location of the drop to allow the vehicle owner or agent to secure pMent funds for the
fees enumerated herein at the location of the drop.
(3) Within twenty (20) minutes of payment of a drop fee, the tow truck operator shall
disconnect the vehicle from the tow truck and return control of the vehicle to the owner or
agent. The tow truck operator shall provide a written receipt as reguired herein.
(4) A person in the process of towing or removing a vehicle from any private RrovqAy
where the vehicle was not lawfully parked must stop when a person seeks the return of
the vehicle.
(5) No fee shall be charged if it is determined that the vehicle was lawfully parked.
(6) The towing service shall accppt payment of any drop fee or any immobilization fee
(drop or otherwise) at the site at which the tow commenced or the vehicle was
immobilized, or at @Lny other location within a one-half mile of the vehicle location. No
person shall be required to travel more than a one-half mile from an immobilized vehicle
in order to 'Pay a drop fee. Only persons whose immobilized vehicles are also lawfull
towed will be required to pgy fees at the location of the stored vehicle as described herein.
ORDINANCE NO. 14-09
AN ORDINANCE OF ISLAMORADA, VILLAGE OF ISLANDS,
FLORIDA, AMENDING CHAPTER 50 "STREETS, SIDEWALKS
AND OTHER PUBLIC PLACES", ARTICLE VII "TOWING",
SECTION 50-100 OF THE VILLAGE CODE RELATING TO
REGULATIONS FOR WRECKER OPERATIONS WITHIN THE
VILLAGE; SPECIFICALLY AMENDING SECTION 50-100
ENTITLED "REGULATION OF WRECKER OPERATORS WHO
PROVIDE TOWING AND STORAGE SERVICES" BY ADDING
DEFINITIONS AND REVISING SPECIFIC TOWING FEES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION
IN THE CODE;AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Section 715,07, Florida Statutes, authorizes counties and municipalities to regulate
towing of vehicles, including the establishment of maximum towing rates; and
WHEREAS, the Village Council of Islamorada, Village of Islands (the "Village") has become
aware of certain issues regarding the reasonable and effective operation of wrecker operators for non-
law enforcement generated, non-consensual towing of vehicles within the Village; and
WHEREAS, the Village Council directed the Village Attorney to revise the regulations
regarding wrecker operators within the Village so as to create reasonable, efficient and cost-effective
operations of both non-consensual towing operations as well as towing operations which are requested
by a law enforcement agent; and
WHEREAS, the Village Council finds that revising the Village's towing regulations is in the
best interests of the Village and its residents.
NOW,THEREFORE,BE IT ORDAINED BY THE VILLAGE COUNCIL OF
ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA,AS FOLLOWS:
Section 1. Recitals. The above recitals are true and correct and are incorporated herein by
this reference.
Section 2. Amendments to the Code. Chapter 50 entitled "Streets, Sidewalks and Other
Public Places", Article VII"Towing", Section 50-100 is hereby amended as follows:
Additional text is shown as underlined; deleted text is shown as stfikethr-eugh
Article VII. Towing
Sec. 50-100 Regulation of wrecker operators who provide towing and storage services
(a)Applicability. The provisions of this section shall apply to all wrecker operators providing towing of
vehicles and vehicle storage at the request of a law enforcement officer, and to towing of vehicles from
private properties without the consent of the vehicle operator (non-consensual towing services). This
section shall not apply to wrecker operators providing towing of a vehicle at the request of and with the
express consent of the operator of the vehicle.
(b) Definitions. The following words, terms and phrases, when used in this section, shall have the
meanings ascribed to them in this subsection, except where the context clearly indicates a different
meaning:
Administration fee means the charge for researching and documenting the registered owner of a vehicle
towed and stored by a wrecker operator.
Commercially manufactured wrecker means a tow truck that is:
(1) Designed and constructed by a wrecker manufacturer that offers its wreckers for sale; or
(2) Assembled by a business licensed and approved to assemble and certify wreckers-according to
manufacturer's specifications.
Drop shall mean any instance in which a vehicle owner or went arrives at the scene of a tow after the
vehicle has been connected to the towing; or removal apparatus but before the tow truck has left the
premises with said vehicle.
Nan-consensual towing services shall mean the immobilizing, towing and/or storage of a vehicle,
without the prior express consent of the owner or operator, by any person who is not acting pursuant to a
contract with a unit of local, county, state, or federal government.
Notification fee means the charge for notifying a vehicle owner and any lien holders that a wrecker
operator has towed and stored the vehicle.
Vehicle means any mobile item which normally uses wheels, whether motorized or not as described in §
715.07(1)(a),F.S.
Wrecker means any motor vehicle that is used to tow, carry, or otherwise transport motor vehicles and
that is equipped for that purpose with a boom, winch, car carrier, or other similar equipment.
Page 2 of 12
Wrecker operator means the individual, partnership, corporation, or business entity engaged for hire in
the recovery, towing removal, or storage of wrecked, disabled, stolen, illegally parked or abandoned
vehicles. For the purpose of this section, a hired driver or employee shall be governed by this section
and shall be considered an agent of the wrecker operator.
(c) Wrecker classification and required equipment.
(1) Each tow truck owned or maintained by a wrecker operator shall be commercially
manufactured and shall conform to all other requirements of this section. The requirements of this
section are waived only for those operators with tow trucks that were purchased before the
effective date of the ordinance from which this section is derived or that were under a binding
contract to purchase entered into before the effective date of the ordinance from which this section
is derived.
(2) All tow trucks shall be equipped with a business-type communication radio or mobile
telephone or cellular telephone. There shall be one radio or phone for each truck. The equipment
shall be licensed and approved by the Federal Communications Commission. The mobile radio or
telephone shall enable the wrecker operator to communicate with his trucks within his usual area of
operation. A citizens band radio does not meet the requirements of this subsection.
(3) Specifications and required equipment shall be as follows:
a. All wreckers(all classifications) shall include the following:
1. A cradle, tow plate or tow sling to pick up vehicles. The cradle, tow plate or tow
sling shall be equipped with safety chains and constructed in such a manner that it will
not damage the vehicle to be towed;
2. Dual rear wheels;
3. The name, address and telephone number of the wrecker operator shall be painted
or permanently affixed in a conspicuous place on both sides of the trucks as required by
§ 715.07(2)(a)(7),F.S.;
4. At least one heavy duty push broom with a minimum width of 24 inches;
5. One square shovel;
6. One axe;
7. One crowbar or prybar with a minimum length of 30 inches;
8. Minimum of one five-pound carbon dioxide or dry chemical fire extinguisher or
equivalent.Must be approved type and have a current inspection tag attached;
9. One pair of bolt cutters with a minimum opening of one-half inch;
10. One set of jumper cables;
11. One four-way lug wrench;
12. One flashlight;
13. Five 30-minute fuses;
14. One snatch block for each winch with manufacturer's rating to match winch;
Page 3 of 12
15. Extra towing chain six to eight feet in length with hooks;
16. At least three safety cones or triangle reflectors; and
17. Fifty pounds of sand or petroleum absorbent.
b. Class "A"wreckers (for the removal of cars and light duty trucks and vehicles weighing
10,000 pounds gross vehicle weight or less). Specifications and equipment in addition to
requirements outlined in subsection(c)(3)a. of this section, shall be as follows:
1. A truck chassis with a manufacturer's rated capacity of at least 10,000 pounds gross
vehicle weight. A complete, commercially manufactured boom and winch having a
manufacturer's combined rating of at least four tons must be mounted on the chassis.
Hand crank winches do not satisfy these requirements and will not be approved;
2. A minimum of 100 feet of three-eighths-inch cable;
3. Dollies;
4. Flood lights on the hoist;
5. Vehicles that are equipped with wheel lifts or the equivalent may also qualify as
class A tow trucks so long as they are equipped with a boom and all other applicable
requirements are met. Wheel lifts shall be rated at a minimum of 3,000 pounds lift
capacity and must use wheel safety straps when lifting vehicles by the wheels only; and
6. Operators who wish to remove cars and light trucks may have, in addition, a roll-
back or slide-back carrier truck/trailer with specifications and the equipment as provided
in subsection (c)(3)c. of this section.
c. Class "A"roll-back or slide-back wreckers (for the removal of cars and light duty trucks
and vehicles weighing 10,000 pounds gross vehicle weight or less). Specifications and
equipment for roll-back or slide-back carriers in addition to the requirements outlined in
subsection(c)(3)a. of this section shall include the following:
1. A truck chassis with a manufacturer's rated capacity of at least 10,000 pounds gross
vehicle weight with a minimum of a 16-foot bed, dual rear wheels and a winch with at
least 8,000 pounds capacity;
2. A minimum of 50 feet of three-eighths-inch cable;
3. A minimum of two safety tie-down chains of at least ten feet each in length;
4. Two spot(flood) lights mounted on the rear of the carrier•, and
5. A roll-back or slide-back carrier trailer shall meet the following requirements:
(i) A commercially manufactured carrier trailer with a rated capacity of at least
8,000 pounds gross vehicle weight with a minimum 16-foot bed. A winch with at
least 8,000 pounds capacity;
(ii) A minimum of 50 feet of three-eighths-inch cable;
(iii) Brakes and trailer lights that meet the minimum statutory requirements of state
law;
(iv) Safety chains; and
Page 4 of 12
(v) Must be towed by and used in conjunction with an approved wrecker that
meets or exceeds the class of the vehicle to be towed.
d. Class "B" wreckers (for removal of medium duty trucks or vehicles weighing 20,000
pounds gross vehicle weight or less). Specifications and equipment in addition to the
requirements outlined in subsection(c)(3)a. of this section, shall be as follows:
1. A truck chassis with a manufacturer's rated capacity of at least 20,000 pounds gross
vehicle weight. A complete, twin-winch, commercially manufactured boom and winches
having a manufacturer's combined rating of at least ten-ton capacity mounted on the
chassis;
2. A minimum of 100 feet of at least one-half-inch cable on each drum;
3. One set of scotch blocks for wheels or hydraulic rear-extendable scotch blocks; and
4. Floodlights on the hoist.
e. Class "C" wreckers (for removal of heavy detty trucks, house trailers, buses, etc.,
weighing over 20,000 pounds gross vehicle weight). Specifications and equipment in addition
to the requirements outlined in subsection(c)(3)a. of this section, shall be as follows:
l. A truck chassis with a manufacturer's rated capacity of at least 30,000 pounds gross
vehicle weight and 30,000 pounds gross vehicle weight for tandem axle trucks. A
complete, twin-winch, commercially manufactured boom and winches having a
manufacturer's combined rating of at least 25-ton capacity mounted on the chassis;
2. A minimum of 200 feet of at least five-eighths-inch cable on each drum;
3. Air brakes so constructed as to lock the rear wheels automatically upon failure;
4. External air hookup and hoses,to supply air to disabled vehicles;
5. One set of scotch blocks for wheels or hydraulic rear-extendable scotch blocks; and
6. Floodlights on the hoist.
(d) Insurance requirements. No person shall for compensation recover, tow, or remove a vehicle or
provide vehicle storage or otherwise function as a wrecker operator until that person maintains in effect
an insurance policy or policies that shall insure that person for its liability at a minimum:
(1) For each wrecker, combined single limit of$500,000.00; and
(2) For garage keeper's liability, in an amount not less than $50,000.00 for each loss covering
perils of fire and explosion, theft of a vehicle and parts or contents, riot and civil commotion,
vandalism, malicious mischief, and for on-hook protection.
(e) Rates.
(1) The maximum rate that may be charged by any wrecker operator subject to this section is as
follows, based on the lowest class of wrecker service required for the vehicle, with any trailered
appurtenance..
Page 5 of 12
Class A Wrecker Service
Base rate (anytime a wrecker is called to a site) $135.00
Inside storage(per day) No charge for„frst six(6)hours, Thereafter.,
$40.00 plus $2.00 per foot for vehicles over 20
feet long
Outside storage(per day) No charge for first six(6 hours, Thereafter,
$30.00 plus $2.00 per foot for 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 h e by 1 e site in. $135.00
0.0 00 5 0
' After hours gate fee S75 �..
Service call at request of law enforcement officer $75.00
Drop fee VI,o' of base rate � �$67.50
Class B Wrecker Service
Base rate (anytime a wrecker is called to a site) $200.00
Inside storage (per day) No charge for first six 6" hours; Thereafter,
$40.00 plus $2.00 per foot for vehicles over 20
feet long
Outside storage(per day) No charge for first six(6) hours;Thereafter,
$30.00 plus $2.00 per foot for 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 $4.00 per mile
return
Per hour eharge beginning afT-ival on site, in one $180.00
After hours gate fee $75.00 J50.00
Service call at request of law enforcement officer $75.00
Drop fee(501/"0 of base rate) $100.00
Class C Wrecker Service
Base rate (anytime a wrecker is called to a site) $485.00
Mileage rate from wrecker station to site and $5.00 per mile
return
Inside storage(per day) No charge for first six`6' hours-, Thereafter,
$40.00 plus $2.00 per foot for vehicles over 20
feet long
Page 6 of 12
Outside storage (per day) No charge for first six 6 hours; Thereafter,
$30.00 plus$2.00 per foot for vehicles over 20
feet long
Administration fee $25.00
Pef hour charge begin ival en site, in- $300.00
th hour-
One F 0fl n
After hours gate fee 7-5-.W$50.00
Service call at request of law enforcement officer $75.00
Drop fee 50"'0 of base rate $242.50
(2) The daily storage rate must be prorated in six-hour increments when the vehicle is retrieved
by the owner or his agent; provided, however, that no storage fee shall be charged if the vehicle is
stored for less than 6 hours prior to retrieval by the owner or agent. The notification fee may only
be charged when notice is sent by the operator to the vehicle owner and any lienholder.
(3) In the event a law enforcement officer needs a wrecker 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 vehicle in violation
return to the vehicle site before the operator has arrived at the 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 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 vehicle that requires towing be trailering a recreational vehicle, boat, or other
type of trailer, and only one wrecker 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.
(4) Every wrecker operator shall conspicuously display at his place of business the maximum
charge that he may impose,for the towing and storage services covered by this section.
(f) Storagejacilities.
(1) The wrecker operator shall provide storage for all towed vehicles in an outside storage area
unless specific written instructions are given for inside storage by a law enforcement officer. If
directed by a law enforcement officer for investigative purposes, the wrecker operator shall move
the vehicle to a designated area for processing prior to storage. In such instance, the law
enforcement agency will not authorize release of the vehicle until all outstanding charges by the
operator, as authorized by this section have been satisfied.
(2) The storage facility must be properly zoned for such use within the applicable jurisdiction,
owned or leased solely by the wrecker operator, and vehicles stored by the operator must be
separately fenced and locked. In no event shall a vehicle towed within the Village be taken to a
storage facility located more than thirty (30) miles from the location from which the vehicle was
towed.
(3)The registered owner of a vehicle or the owner's representatives or owner's insurance adjusters,
upon proper identification, shall be permitted to inspect or photograph stored vehicles during the
hours of 8:00 a.m. to 6:00 p.m., Monday through Friday. The wrecker operator shall not require
Page 7 of 12
the owner, adjuster or representative to pay any fee in order to inspect or photograph the stored
vehicle.
(4) All fencing shall be chainlink or solid-wall type and at least six feet in height where
permissible under the applicable zoning and land use regulations of the jurisdiction where it is
located, to discourage theft of any vehicle or any property being stored inside. All storage facilities
shall be illuminated with lighting of sufficient intensity to reveal persons and vehicles at a distance
of at least 150 feet during nighttime.
(5) Perrnanent inside storage within a weather-tight building must be available for 24-hour
storage when weather or other conditions require inside storage for the protection of the vehicle or
personal property.A lean-to, tent or shed does not meet the requirements of this subsection.
(6) A minimum of 25 storage spaces with three inside storage spaces must be available at all
times. Service bays or repair bays do not qualify as inside storage, nor does any area that is used for
any activity other than serving as a permanent inside storage area,when vehicles are actually stored
inside at the request of a law enforcement agent.
(7) Wrecker operators shall comply with hold orders placed by a law enforcement agency,
including any instructions for inside or outside storage. Vehicles involved in a fatality and sealed
by the traffic homicide investigator shall remain intact until the seals are removed by the
investigator. No property of any kind shall be released to anyone without authority of the homicide
investigator. If no fatality occurred, then the vehicle and the property may be released by the
wrecker operator upon valid proof of ownership once the hold is released.
(8) For tows authorized at the request of a law enforcement officer, a copy of an inventory
prepared by the law enforcement agency of all personal property found in the vehicle shall be
provided to the wrecker operator. The wrecker operator shall permit the removal of such property
by the vehicle owner or his agent from a stored vehicle during normal business hours without
charge. The agent's authority shall be evidenced by a writing acknowledged by the owner before a
notary public or other person empowered by law to administer oaths. A signed receipt for each
article removed by the owner or his agent shall be obtained. Personal property shall be defined as
any item not affixed to the vehicle that was in the vehicle at the time of the tow. In the case of
vehicles stored where no "hold order" has been placed, the wrecker operator will directly release
any vehicle upon presentation of proper proof of identification and ownership. If these conditions
cannot be met due to unusual or extraordinary circumstances, the vehicle will be released only
upon authorization obtained from the law enforcement agency.
(9) Wrecker operators handling the initial tow shall exercise reasonable care and control of parts
and contents located in vehicles while under their protection or while in storage.
(10) During the hours from 8:00 a.m. to 6:00 p.m., Monday through Friday, wrecker operators
$hall provide adequate staffing at the storage facility so that personal property may be removed
from the vehicle or the vehicle itself may be released without undue delay.
(11) Should it become necessary that personal property be removed from a vehicle or a vehicle be
released when the storage facility is not staffed, the wrecker operator shall be required to do so and
shall be allowed to charge a reasonable fee.
Page 8 of 12
(g)Licensing of Wrecker Operator; Right to Operate 6Vithin the Village
(1)All wrecker operators of all wrecker classifications subject to this section and operating within
the Village shall hold a wrecker operator license with the Village in order to legally operate
within the Village limits.
(2) Wrecker operators subject to this section and operating within the Village limits shall be
required to renew the wrecker operator license with the Village Clerk on an annual basis. Each
wrecker operator license shall be renewed no later than October I of each calendar year. The
annual license fee and penalty for late renewal shall be as provided by resolution of the Village
Council. The Village Manager shall create a wrecker operator license application which shall
require the wrecker operator to demonstrate compliance with the requirements of this section.
(h) Operation of wrecker operator on Private Property
(1) Wrecker operators must register all private properties posted as identified in §715.07(2)(a),
F.S. with the Village Clerk prior to the placement of signage identified in §715.07(2)(a), F.S.
Said registration shall include a letter from the property owner or person authorized by the
property owner or lessee indicating that said posting has been requested and approved by the
property owner. Such letter must be either notarized or signed by the property owner or
authorized person in the presence of two witnesses.
(2) If posted notice subject to §715.07(2)(a), F.S. is removed for any reason by the wrecker
operator, the Village Clerk shall be notified within fifteen(15) days of the removal.
(3) In the event that the owner or operator of a vehicle is present when a wrecker operator arrives
to tow, the wrecker operator shall give a verbal warning and at least five (5) minutes for the
owner or operator of the vehicle to remove the vehicle from the property before initiating the tow.
(4) In no event shall a wrecker operator initiate a tow when the owner or operator of the vehicle
in question is present at the vehicle location, or in the vehicle.
(5) Neither the property owner nor the person authorized by the property owner shall have any
interest in nor be affiliated with the wrecker operator towing the vehicle from the property
owner's property.
(i) Jurisdiction. In the case of an operator who provides towing and removal service covered by this
section but provides vehicle storage service in Monroe County or within another municipality, this
section shall govern the storage service unless Monroe County or the municipality has adopted and
maintains in effect ordinances or regulations governing the same subject matter.
0) Penalties. All law enforcement officials are hereby authorized to assist in the enforcement of this
section to the extent that it is within their respective jurisdictions to do so.
(1) It shall be unlawful for any person or entity to violate or fail to comply with any provision of
this section. Any such violation shall be punishable in accordance with Section 2-111 of the
Code. Each day that any provision of this section is violated shall constitute a separate offense
hereunder.
(2) The penalties described in this subsection shall be in addition to the abatement of the
violating condition or any other equitable relief. Should any person violate or fail to comply
with any provision of this section, the office of the Village Attorney may make application to the
circuit court for the Sixteenth Judicial Circuit of Florida for an order to enjoin such violation or
Page 9 of 12
failure of compliance.
(k)Suspension and revocation of wrecker operator license. In addition to the penalties described above,
any wrecker operator who is found to have violated this section on two or more occasions shall be
subject to the suspension or revocation of its wrecker operator license. Within ten (10) days of a finding
that a wrecker operator has violated two or more provisions of this section, the Village Manager shall
schedule a hearing with the violator. The Village Manager shall hear testimony and/or evidence of the
nature of the violations and any circumstances associated therewith. After such hearing the Village
Manager may, by written notification to the wrecker operator, suspend or revoke the violator's wrecker
operator license for a period of up to one year based upon the gravity and frequency of the violations.
The violator may appeal the Village Manager's decision to the Village Council by filing written notice
with the Village Clerk within five (5) days of the Village Manager's written determination. The Village
Council shall set the matter for hearing for the next regularly scheduled Village Council meeting, and
shall provide the wrecker operator with written notice of the hearing no later than fifteen (15) days prior
to the date of the hearing. By majority vote, the Village Council may affirm, reverse or modify the
decision of the Village Manager based upon the factors considered by the Village Manager and those
brought before the Village Council at hearing.
(1) Refiends of'towing fees charged in violation of this section. Any determination of a violation of this
section or applicable Florida law shall result in the refund of any towing charge collected from the
owner of an improperly towed vehicle.
m. Drop Return o `Owner-Prior to Tow;Fees.
O A towing service operating within the city shall not tow a vehicle or charge for its services
when the registered owner or agent arrives at the scene prior to the towing, unless:
a. The registered owner or agent refuses to remove the vehicle, or
b The vehicle has already been connected to the towing removal apparatus and the
registered owner or agent lessee or agent refuses to 12U a service fee (drop fee) of not
more than one-half the rate contained herein for such towing service.
(2) When a vehicle owner or agent agrees to pay a service fee _(drop fee) in applicable
cable
circumstances the tow truck operator shall wait a minimum of twen1y_(20) minutes at the
location of the drop to allow the vehicle owner or agent to secure payment funds for the fees
enumerated herein at the location of the dro .
3 Within twenty 20 minutes of payment of a drop fee the tow truck operator shall disconnect
the vehicle from the tow trick and return control of the vehicle to the owner or agent. The tow
truck o erator shall provide a written receipt as required herein.
4 A person in the process of towing,or removing a vehicle from any private property where the
vehicle was not lawfully parked must stop when a person seeks the return of the vehicle.
5 No fee shall be charged if it is determined that the vehicle was lawftiil arked.
Page 10 of 12
6 The towing service shall accept payment of any drop fee or any immobilization fee (drop or
otherwise at the site at which the tow commenced or the vehicle was immobilized or at an
other location within a one-half mile of the vehicle location. No person shall be required to travel
more than a one-half mile from an immobilized vehicle in order to pay a drop fee. Only persons
whose immobilized vehicles are also lawfully towed will be required to pay fees at the location
of the stored vehicle as described herein.
Section 3. Reveal of Conflictine Provisions. The Provisions of the Village of Islamorada
Code and all Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are
hereby repealed.
Section 4. Severability. The provisions of this Ordinance are declared to be severable and
if any sentence, section, clause or phrase of this Ordinance shall for any reason be held to be invalid or
unconstitutional, such decision shall not affect the validity of the remaining sentences, sections, clauses
or phrases of the Ordinance but they shall remain in effect it being the legislative intent that this
Ordinance shall stand notwithstanding the invalidity of any part.
Section 5. Inclusion in the Code. It is the intention of the Village Council and it is hereby
ordained the provisions of this Ordinance shall become and be made part of the Village of Islamorada
Code, that sections of this Ordinance may be renumbered or re-lettered to accomplish such intentions,
and that the word"Ordinance"shall be changed to"Section"or other appropriate word.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption.
The foregoing Ordinance was offered by Vice Mayor Deb Gillis,who moved its adoption on first
reading. This motion was seconded by Councilman Mike Forster, and upon being put to a vote,the vote
was as follows:
Mayor Ted Blackburn YES
Vice Mayor Deb Gillis YES
Councilman Mike Forster YES
Councilman Ken Philipson YES
Councilman Dave Purdo YES
Page 11 of 12
PASSED on the first reading this 10`h day of April,2014.
The foregoing Ordinance was offered by Councilman Ken Philipson,who moved its adoption on
first reading. This motion was seconded by Vice Mayor Deb Gillis, and upon being put to a vote, the
vote was as follows:
Mayor Ted Blackburn YES
"dice Mayor Deb Gillis YES
Councilman Mike Forster YES
Councilman Ken Philipson YES
Councilman Dave.Purdo YES
PASSED AND ADOPTED on the second reading this 22nd day of May, 2014.
T1"D BLACKBURN,MAYOR
ATTEST:
L I Y TO 1 ', VILLAGE CLERK ... ..w .. ....,...
APPROVED AS TO FORM AND LEGALITY
FOR THE USE AND BENEFIT OF
ISLAMORADA, VILLAGE OF ISLANDS ONLY
ROGET V. BRYAN,VILLAGE ATTOIUNEY
Page 12 of 12
M0
g . O
Council Communication
he�4. a 0F1
RECEIVED
To: Mayor and Village Council
From: Roget V. Bryan, Esq.,Village Attorney
Date: April 10,2014
SUBJECT: PROPOSED REVISIONS TO TOWING REGULATIONS
Background:
In June 2012,the Village Council began discussions regarding excessive towing fees that were being
charged for towing from a private property in the Village. Following discussions and direction of the
Village Council,the Village Manager prepared an ordinance with regulations and standards similar to
the City of Marathon's ordinance addressing wrecker operators. Ordinance No. 12-10, adopted
unanimously by the Village Council on second reading on September 12, 2012,provides regulations
and standards for wrecker operators including the maximum rates that may be charged for towing.
In February 2014, the Village Council gave direction to the Village Attorney to review the existing
ordinance to determine if any changes are required, including examining the maximum towing rates
that may be charged by a wrecker operator,and bring proposed amendments to Section 50-100 of the
Villages Code of Ordinances(enacted by Ordinance 12-10).
At the March 20, 2014 meeting of the Village Council,the Village Attorney presented an analysis of
the existing towing regulations as well as the maximum rates that may be charged by any wrecker
operator for all classes (A, B and C) of wrecker service within the Village. After discussion, the
Village Council gave direction to the Village Attorney to bring back an Ordinance amending the
towing regulations and which reflected the following revisions:
(1) Maintain the base rates for the existing classes of wrecker service;
(2) No charge for the inside/outside storage fee for the first six (6)hours;
(3) No hourly charge beginning upon arrival on site and reducing the after-hours gate fee to
$50.00.
(4) Implementing a drop fee of fifty (50%)percent of the base rate.
Analysis:
The Village Council has directed staff to revise some of the maximum rates that may be charged
by any wrecker operator for all classes(A. B and C)of wrecker service within the Village.
Page 1 of 2
The rates set forth in the proposed amendment are the maximum rates that may be charged by
any wrecker operator that operates within the Village. There are only three (3) towing
companies in the upper keys at this time, two (2) of which are currently registered with the
Village to provide non-consensual towing services. Accordingly, any wrecker operator that
operates within the Village may elect to charge rates lower than those set forth above, but is not
permitted to charge any rates higher than the maximum rates set forth therein.
Budget Impact:
There will no foreseeable budget impact associated with any proposed amendment to the towing
regulations. The proposed Ordinance still provides that all wrecker operators subject to the
Ordinance and operating within the Village must obtain a license from the Village Clerk which is
renewable on an annual basis. The annual license fee is$100.00 if renewed prior to October 1 of
each year and is increased to $250.00 if the license is not renewed timely. License fees are
recorded as revenue in the Local Business Tax revenue account of the General Fund.
Staff Impact:
There is no foreseeable staff impact associated with any proposed amendment to the towing
regulations. The Monroe County Sheriff's office will continue to monitor any complaints
associated with non-consensual towing within the Village while working in conjunction with the
Village's Code Compliance Department. The Village Clerk's Office will continue to monitor the
annual licenses and retain records of the status of private properties registered and posted as
subject to non-consensual towing.
Recommendation:
If the Village Council wishes to revise the maximum fees that may be charged by a wrecker
operator for non-consensual towing services, it is recommended that the Village Council approve
the proposed Ordinance on first reading.
Page 2 of 2
Greg Tindle responded that participation in the program was optional..
Councilman Mike Forster expressed concern regarding continuity of the project when
homeowners opted out of the program.
Greg Tindle stated that grinder pump specifications would be included in the Utility Policy and
confirmed that those who opted out would have to go through the permitting,process.
Village Manager Maria Aguilar provided possible alternatives for paying for the laterals and that
the 1.5 million would be coming from the property owners. She addressed submittal of the change
order to DEP for SRF funding.
Village Manager Maria Aguilar spoke about bank fees, service charges by municipalities to
recover fees and the agreements associated with accepting credit cards. Discussion ensued
regarding credit cards.
Mayor Ted Blackburn opened public comment.
Andy Newman commented on Florida Statute 170.201 and proportional assessments.
Margaret Franks,Ron O'Brian and David Zander expressed discontent over the inequity of the grinder
pump program.
Larry Barr commented on lateral connection pipe sizes,the $5 cost difference per foot and the installation
depth.
Tom Brzezinski provided clarification on the pricing and explained the purpose for the installation of the
laterals beyond the minimum depth.
Discussion ensued regarding effectively communicating the program to property owners.Councilman
Mike Forster suggested a direct mailing. Myles Milander suggested including a notice in the property
owners water bill.
Vice Mayor Deb Gillis made a motion to approve.Councilman Ken Philipson seconded the motion.
Council voted all in favor.The motion passed 5-0.
X. ORDINANCES
A. Second Reading- Proposed Revisions to'Towing Regulations TAB 5
Village Attorney Roget Bryan read the title of the ordinance and presented the staff report recommending
approval on second reading.
Councilman Ken Philipson provided clarification on item 5 of page 9 of the ordinance.
Village Attorney Roget Bryan confirmed the effective date of the Ordinance to be immediately upon
adoption.
Mayor Tied Blackburn opened public comment;no public comment was offered.
Alinutes of
Regular Village Council Meeting
Mav 22, 2014'
Page 5 of 12
Councilman Ken Philipson made a motion to approve; Vice Mayor Deb Gillis seconded the motion.
Council voted all in favor. The motion passed 5-0.
B. First Reading—Ordinance Amending Comprehensive Plan Policy 9-3.1.1 TAB 6
Village Attorney Roget Bryan read the title of the ordinance. Planning Director Chery Cioffari presented
the staff report and recommended approval.
Mayor Ted Blackburn opened public comment.
Larry Barr asked for clarification relating to the funding source and whether the contract was a DBO or
DBOF.
Mayor Ted Blackburn and Village Manager Maria Aguilar stated the funding source is SRF and that it is a
DBO agreement and was formerly the DBOR
Mayor Ted Blackburn closed public comment.
Vice Mayor Deb Gillis made a motion to approve; Councilman Mike Forster seconded the motion.
Council voted all in favor. The motion passed 5-0.
XI. QUASI-JUDICIAL
(Tab 8 and Tab 7 were heard following Tab 2)
A. Application for Alcoholic Beverage Use Permits(AB-14-01)by Rain Barrel TAB 7
of the Keys, LLC,and 1223,LLC
Village Attorney Roger Bryan read the title of the resolution and requested that anyone not having been
sworn in raise their hand. Council disclosed ex-parte communication. Planner Shane Laakso presented the
staff report and recommended approval.
Council Mike Forster disclosed a possible conflict of interest and his intent to abstain from voting.
Councilman Forster filed a memorandum with the Village Clerk's Office.
Vice Mayor Deb Gillis and Councilman Dave Purdo stated that they believed that a permit existed on this
property years ago.
Councilman Mike Forster clarified that he is not seeking the permit that it is a tenant.
Mayor Ted Blackburn opened public comment.
Dawn Cooper stated she and her husband are opposed to the alcohol permit request. She expressed
concern over the current issue of access to her property on Gimpy Gulch being made even more difficult.
Mayor Ted Blackburn closed public comment.
Minutes of
Regular Village Council Meeting
May 22, 2014
Page 6 of 12
Islarnorada, Florida, Code of Ordinances>> PART 11 - CODE OF ORDINANCES >> Chapter 5 -STREETS,
SID EWALKS AND OTHER PUBLIC [LACES » ARTICLE Vill. TOWING >>
ARTICLE VII.TOWING
Sec 50 100 Regulation of wrecker operators who pro��ide to vin and storaae services
Sec. 50-100. Regulafioii of wrecker operators who provide towing acid storage
services.
(a) Applicability. The provisions of this section shall apply to all wrecker operators providing towing
of vehicles and vehicle storage at the request of a law enforcement officer, and to towing of
vehicles from private properties without the consent of the vehicle operator (non-consensual
towing services). This section shall not apply to wrecker operators providing towing of a vehicle
at the request of and with the express consent of the operator of the vehicle.
(b) Definitions. The following words, terms and phrases„ when used in this section, shall have the
meanings ascribed to them in this subsection, except where the context clearly indicates a
different meaning:
Administration fee means the charge for researching and documenting the registered owner of
a vehicle towed and stored by a wrecker operator.
Commercially manufactured wrecker means a tow truck that is:
(1) Designed and constructed by a wrecker manufacturer that offers its wreckers for sale;
or
(2) Assembled by a business licensed and approved to assemble and certify wreckers
according to manufacturer's specifications.
Non-consensual towing services shall mean the immobilizing, towing and/or storage of a
vehicle, without the prior express consent of the owner or operator, by any person who is not acting
pursuant to a contract with a unit of local, county, state, or federal government.
Notification fee means the charge for notifying a vehicle owner and any lien holders that a
wrecker operator has towed and stored the vehicle.
Vehicle means any mobile item which normally uses wheels, whether motorized or not as
described in F.S. § 715.07(1)(a).
Wrecker means any motor vehicle that is used to tow, carry, or otherwise transport motor
vehicles and that is equipped for that purpose with a boom, winch, car carrier, or other similar
equipment.
Wrecker operator means the individual, partnership, corporation, or business entity engaged
for hire in the recovery, towing removal, or storage of wrecked, disabled, stolen, illegally parked or
abandoned vehicles. For the purpose of this section, a hired driver or employee shall be governed by
this section and shall be considered an agent of the wrecker operator.
(c) Wrecker classification and required equipment,
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(1) Each tow truck owned or maintained by a wrecker operator shall be commercially
manufactured and shall conform to all other requirements of this section. The
requirements of this section are waived only for those operators with tow trucks that
were purchased before the effective date of the ordinance from which this section is
derived or that were under a binding contract to purchase entered into before the
effective date of the ordinance from which this section is derived.
(2) All tow trucks shall be equipped with a business-type communication radio or mobile
telephone or cellular telephone. There shall be one radio or phone for each truck. The
equipment shall be licensed and approved by the Federal Communications Commission.
The mobile radio or telephone shall enable the wrecker operator to communicate with
his trucks within his usual area of operation. A citizens band radio does not meet the
requirements of this subsection.
(3) Specifications and required equipment shall be as follows:
a. All wreckers (all classifications) shall include the folloWngi:
1 A cradle, tow plate or tow sling to pick up vehicles. The cradle, tow plate or
tow sling shall be equipped with safety chains and constructed in such a
manner that it will not damage the vehicle to be towed;
2. Dual rear wheels;
3. The name, address and telephone number of the wrecker operator shall
be painted or permanently affixed in a conspicuous place on both sides of
the trucks as required by F.S. § 715.07(2)(a)(7);
4. At least one heavy duty push broom with a minimum width of 24 inches;
5. One square shovel;
6. One axe;
7. One crowbar or prybar with a minimum length of 30 inches;
8• Minimum of one five-pound carbon dioxide or dry chemical fire extinguisher
or equivalent. Must be approved type and have a current inspection tag
attached;
g• One pair of bolt cutters with a minimum opening of one-half inch;
10. One set of jumper cables;
11- One four-way lug wrench;
12- One flashlight;
13. Five 30-minute fuses;
14- One snatch block for each winch with manufacturer's rating to match
winch;
15. Extra towing chain six to eight feet in length with hooks;
16. At least three safety cones or triangle reflectors; and
17- Fifty pounds of sand or petroleum absorbent.
b• Class "A"wreckers (for the removal of cars and light duty trucks and vehicles
weighing 10,000 pounds gross vehicle weight or less). Specifications and
equipment in addition to requirements outlined in subsection i(c)(3)a. of this
section, shall be as follows:
A truck chassis with a manufacturer's rated capacity of at least 10,000
pounds gross vehicle weight. A complete, commercially manufactured
boom and winch having a manufacturer's combined rating of at least four
tons must be mounted on the chassis. Hand crank winches do not satisfy
these requirements and will not be approved;
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2. A minimum of 100 feet of three-eighths-inch cable;
3• Dollies;
4. Flood lights on the hoist;
5. Vehicles that are equipped with wheel lifts or the equivalent may also
qualify as class A tow trucks so long as they are equipped with a boom and
all other applicable requirements are met. Wheel lifts shall be rated at a
minimum of 3,000 pounds lift capacity and must use wheel safety straps
when lifting vehicles 'by the wheels only; and
6- Operators who wish to remove cars and light trucks may have, in addition,
a roll-back or slide-back carrier truck/trailer with specifications and the
equipment as provided in subsection (c)(3)c. of this section.
C• Class "A"roll-back or slide-back wreckers (for the removal of cars and light duty
trucks and vehicles mighing 10,000 pounds gross vehicle might or less).
Specifications and equipment for roll-back or slide-back carriers in addition to the
requirements outlined in subsection (c)(3)a. of this section shall include the
following:
1 A truck chassis with a manuifacturer's rated capacity of at least 10,000
pounds gross vehicle weight with a minimum of a 16-foot bed, dual rear
wheels and a winch with at least 8,000 pounds capacity;
2• A minimum of 50 feet of three-eighths-inch cable;
3. A minimum of two safety tie-down chains of at least ten feet each in length;
4. Two spot (flood) lights mounted on the rear of the carrier; and
5. A roll-back or slide-back carrier trailer shall meet the following
requirements:
(i) A commercially manufactured carrier trailer with a rated capacity of
at least 8,000 pounds gross vehicle weight with a, minimum 16-foot
bed. A winch with at least 8,000 pounds capacity;
00 A minimum of 50 feet of three-eighths-inch cable;
Brakes and trailer lights that meet the minimum statutory
requirements of state law,
(iv) Safety chains; and
(v) Must be towed by and used in conjunction with an approved wrecker
that meets or exceeds the class of the vehicle to be towed.
d. Class RB"wreckers (for removal of medium duty trucks or vehicles weighing
20,000 pounds gross vehicle weight or less). Specifications and equipment in
addition to the requirements outlined in subsection (c)(3)a. of this section, shall
be as follows:
1 A truck chassis with manufacturer's rated capacity of at least 20,000
pounds gross vehicle weight. A complete, twin-winch, commercially
manufactured boom,and winches having a manufacturer's combined rating
of at least ten-ton capacity mounted on the chassis;
2. A minimum of 100 feet of at least one-half-inch cable on each drum;
3• One set of scotch blocks for wheels or hydraulic rear-extendable scotch
blocks; and
4. Floodlights on the hoist.
e. Class "C"wreckers (for removal of heavy duty trucks, house trailers', buses, etc.,
weighing over 20,000 pounds gross vehicle weight). Specifications and equipment
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in addition to the requirements outlined in subsection (c)(3)a. of this section, shall
be as follows:
1 A truck chassis with a manufacturer's rated capacity of at least 30,000
pounds gross vehicle weight and 30,000 pounds gross vehicle weight for
tandem axle trucks. A complete, twin-winch, commercially manufactured
boom and winches having a manufacturer's combined rating of at least 25-
ton capacity mounted on the chassis;
2- A minimum of 200 feet of at least five-eighths-inch cable on each drum;
I Air brakes so constructed as to lock the rear wheels automatically upon
failure;
4. External air hookup and hoses, to supply air to disabled vehicles;
5. One set of scotch blocks for wheels or hydraulic rear-extendable scotch
blocks; and
6. Floodlights on the hoist.
(d) insurance requirements. No person shall for compensation recover, tow, or remove a vehicle
or provide vehicle storage or otherwise function as a wrecker operator until that person
maintains in effect an insurance policy or policies that shall insure that person for its liability at
a minimum:
(1) For each wrecker, combined single limit of$500,000.00; and
(2) For garage keeper's liability, in an amount not less than $50,000.00 for each loss
covering perils of fire and explosion, theft of a vehicle and parts or contents, riot and
civil commotion, vandalism, malicious mischief, and for on-hook (protection.
(e) Rates.
(1) The maximum rate that may be charged by any wrecker operator subject to this section
is as,follows, based on the lowest class of wrecker service required for the vehicle, with
any trailered appurtenance.
Class A 'Wrecker Service
Base rate (anytime a wrecker is called to a site) $135.00
Inside storage (per day) $40.00 plus $2,00 per foot for vehicles over 20 feet long
Outside storage (per day) $30.00 plus $2.00 per foot for 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 return $3.00 per mite
Per hour charge beginning upon arrival on site, in one- $135.00
fourth-hour increments
fter hours gate fee $75.00
Service call at request of law enforcement officer $75.00
Glass B Wrecker Service
Base rate (anytime a wrecker is called to a site) $200.00
Inside storage (per day) $40.00 plus $2.00 per foot for vehicles over 20 feet long
Outside storage (per day) $30.00 plus $2.00 per foot for vehicles over 20 feet long
Administration fee $25.00
Notification fee $50.00 first notification $20.00 each additional letter
Aiteage rate from wrecker station to site and return $4.00 per mile
Per hour charge beginning arrival on site, in one-fourth- $180.00
hour increments
I i I
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After hours gate fee $75.00
Service call at request of law enforcement officer $75.00
Class C Wrecker Service
Base rate (anytime a wrecker is called to a site) $485.00
Mileage rate from wrecker station to site and return $5.00 per mile
Inside storage (per day) $40.00 plus $2.00 per foot for vehicles over 20 feet tong
Outside storage (per day) $30.00 plus $2.00 per foot for vehicles over 20 feet tong
Administration fee $25.00
Per hour charge beginning upon arrival on site, in one- $300.00
fourth-hour increments
After hours gate fee $75.00
Service call at request of law enforcement officer J$75.00
(2) The daily storage rate must be prorated in six-hour increments when the vehicle is
retrieved by the owner or his agent; provided, however, that no storage fee shall be
charged if the vehicle is stored for less than six hours prior to retrieval by the owner or
agent. The notification fee may only be charged when notice is sent by the operator to
the vehicle owner and any lienholder.
(3) In the event a law enforcement officer needs a wrecker 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 vehicle in violation return to the vehicle site before the operator has arrived
at the 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 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 vehicle that requires towing be trailering a
recreational vehicle, boat, or other type of trailer, and only one wrecker 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.
(4) Every wrecker operator shall conspicuously display at his place of business the
maximum charge that he may impose for the towing and storage services covered by
this section.
(f) Storage facilities.
(1) The wrecker operator shall provide storage for all towed vehicles in an outside storage
area unless specific written instructions are given for inside storage by a law
enforcement officer. If directed by a law enforcement officer for investigative purposes,
the wrecker operator shall move the vehicle to a designated area for processing prior to
storage. In such instance, the law enforcement agency will not authorize release of the
vehicle until all outstanding charges by the operator, as authorized by this section have
been satisfied.
(2) The storage facility must be properly zoned for such use within the applicable
jurisdiction, owned or leased solely by the wrecker operator, and vehicles stored by the
operator must be separately fenced and locked. In no event shall a vehicle towed within
the village be taken to a storage facility located more than 30 miles from the location
from which the vehicle was towed.
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(3) The registered owner of a vehicle or the owner's representatives or owner's insurance
adjusters, upon proper identification, shall be permitted to inspect or photograph stored
vehicles during the hours of 8:00 a.m. to 6:00 p.m., Monday through Friday. The
wrecker operator shall not require the owner, adjuster or representative to pay any fee
in order to inspect or photograph the stored vehicle.
(4) All fencing shall be chainlink or sollid-wall type and at least six feet in height where
permissible under the applicable zoning and land use regulations of the jurisdiction
where it is located, to dliscourage theft of any vehicle or any property being stored
inside. All storage facilities shall be illuminated with lighting of sufficient intensity to
reveal persons and vehicles at a distance of at least 150 feet during nighttime.
(5) Permanent inside storage within a weather-tight building must be available for 24-hour
storage when weather or other conditions require inside storage for the protection of the
vehicle or personal property. A lean-to, tent or shed does not meet the requirements of
this subsection.
(6) A minimum of 25 storage spaces with three inside storage spaces must be available at
all times. Service bays or repair bays do not qualify as inside storage, nor does any
area that is, used for any activity other than serving as a permanent inside storage area,
when vehicles are actually stored inside at the request of a law enforcement agent.
(7) Wrecker operators shall comply with hold orders placed by a law enforcement agency,
including any instructions for inside or outside storage. Vehicles involved in a fatality
and sealed by the traffic homicide investigator shall remain intact until the seals are
removed by the investigator. No property of any kind shall be released to anyone
without authority of the homicide investigator. If no fatality occurred, then the vehicle
and the property may be released by the wrecker operator upon valid proof of
ownership once the hold is released.
(8) For tows authorized at the request of a law enforcement officer, a copy of an inventory
prepared by the law enforcement agency of all personal property found in the vehicle
shall be provided to the wrecker operator. The wrecker operator shall permit the,
removal of such property by the vehicle owner or his agent from a stored vehicle during
normal business hours without charge. The agent's authority shall be evidenced by a
writing acknowledged by the owner before a notary public or other person empowered
by law to administer oaths. A signed receipt for each article removed by the owner or his
agent shall be obtained. Personal property shall be defined as any item not affixed to
the vehicle that was in the vehicle at the time of the tow. In the case of vehicles stored
where no "hold order" has been placed, the wrecker operator will directly release any
vehicle upon presentation of proper proof of identification and ownership. If these
conditions cannot be met due to unusual or extraordinary circumstances, the vehicle will
be released only upon authorization obtained from the law enforcement agency.
(9) Wrecker operators handling the initial tow shall exercise reasonable care and control of
parts ands contents located in vehicles while under their protection or while in storage.
(10) During the hours from 8:00 a.m. to 6:00 p.m., Monday through Friday, wrecker
operators shall provide adequate staffing at the storage facility so that personal
property may be removed from the vehicle or the vehicle itself may be released without
undue delay.
0 1) Should it become necessary that personal property be removed from a vehicle or a
vehicle be released when the storage facility is not staffed, the wrecker operator shall
be required to do so and shall be allowed to charge a reasonable fee.
(9) Licensing of wrecker operator, right to operate within the village.
(1) All wrecker operators of all wrecker classifications subject to this section and operating
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within the village shall hold a wrecker operator license with the village in order to legally
operate within the village limits.
(2) Wrecker operators subject to this section and operating within the village limits shall be
required to renew the wrecker operator license with the village clerk on an annual basis.
Each wrecker operator license shall be renewed no later than October I of each
calendar year. The annual license fee and penalty for late renewal shall be as provided
by resolution of the village council. The village manager shall create a wrecker operator
license application which shall require the wrecker operator to demonstrate compliance
with the requirements of this section.
(h) Operation of vwecker operator on private property.
(1) Wrecker operators must register all private properties posted as identified in F.S. §
715.07(2)(a) with the village clerk Iprior to the placement of signage identified in F.S.
§715.07(2)(a). Said registration shall include a letter from the property owner or person
authorized by the property owner or lessee indicating that said posting has been
requested and approved by the property owner. Such letter must be either notarized or
signed by the property owner or authorized person in the presence of two witnesses.
(2) If posted notice subject to F.S. § 715.07(2)(a) is removed for any reason by the wrecker
operator, the village clerk shall be notified within 15 days of the removal.
(3) In the event that the owner or operator of a vehicle is present when a wrecker operator
arrives to tow, the wrecker operator shall give a verbal warning and at least five minutes
for the owner or operator of the vehicle to remove the vehicle from the property before
initiating the tow.
(4) In no event shall a wrecker operator initiate a tow when the owner or operator of the
vehicle in question is present at the vehicle location, or in the vehicle.
(5) Neither the property owner nor the person authorized by the property owner shall have
any interest in nor be affiliated with the wrecker operator towing the vehicle from the
property owner's property.
Jurisdiction. In the case of an operator who provides towing and removal service covered by
this section but provides vehicle storage service in Monroe County or within another
municipality, this section shall govern the storage service unless Monroe County or the
municipality has adopted and maintains in effect ordinances or regulations governing the same
subject matter.
Penalties. All law enforcement officials are hereby authorized to, assist in the enforcement of
this section to the extent that it is within their respective jurisdictions to do so.
(1) It shall be unlawful for any person or entity to violate, or fail to comply with any provision
.of this section. Any such violation shall be punishable in accordance with section 2-111
of the Code. Each day that any provision of this section is violated shall constitute a
separate offense hereunder.
(2) The penalties described in this subsection shall be in addition to the abatement of the
violating condition or any other equitable relief. Should any person violate or fail to
comply with any provision of this section, the office of the village attorney may make
application to the Circuit Court for the Sixteenth Judicial Circuit of Florida for an order to
enjoin such violation or failure of compliance.
(k) Suspension and revocation of wrecker operator license. In addition,to the penalties described
above, any wrecker operator who is found to have violated this section on two or more
occasions shall be subject to the suspension or revocation of its wrecker operator license.
Within ten days of a finding that a wrecker operator has violated two or more provisions of this
section, the village manager shall schedule a hearing with the violator. The village manager
shall hear testimony and/or evidence of the nature of the violations and any circumstances
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associated therewith. After such hearing the village manager may, by written notification to the
wrecker operator, suspend or revoke the violator's wrecker operator license for a period of up
to one year based upon the gravity and frequency of the violations. The violator may appeal
the village manager's decision to the village council by filing written notice with the village clerk
within five days of the village manager's written determination. The village council shall set the
matter for hearing for the next regularly scheduled village council meeting, and shall provide
the wrecker operator with written notice of the hearing no later than 15 days prior to the date of
the hearing. By majority vote, the village council may affirm, reverse or modify the decision of
the village manager based upon the factors considered by the village manager and those
brought before the village council at hearing.
Refunds of towing fees charged in violation of this section. Any determination of a violation of
this section or applicable Florida law shall result in the refund of any towing charge collected
from the owner of an improperly towed vehicle.
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CITY OF KEY WEST
Current Code: Chapter 70. TRAFFIC AND VEHICLES,
ARTICLE XI. WRECKERS AND TOWING SERVICE (Copy attached).
Pendin2/recent Amendment(s):
• No pending amendments specific to Chapter 70,Article XI. Wreckers and Towing Service.
There are proposed amendments to Chapter 70. Traffic and Vehicles,Article IV. Parking,Stopping and
Standing that are currently pending a Second Reading at the 7/1/2014 City Commission meeting:
Adding Division 7. to create and regulate an Employee Parking Lot Permit Program
• Amending Division 5. Residential Parking Permit Program to amend permit eligibility and
registration procedures
CITY OF KEY WEST
Current Code: Chapter 70.TRAFFIC AND VEHICLES,
ARTICLE XI. WRECKERS AND TOWING SERVICE (Copy attached).
Cr ;A � r6o
Key West, Florida, Code of Ordinances» SUBPART A -GENERAL ORDINANCES >> Chapter 70 -TRAFFIC
AND VEHICLES >> ARTICLE Xlm WRECKERS AND TOWING SERVICE>>
ARTICLE XI.WRECKERS AND TOWING SERVICE
DIVISION 1.-GENERALLY
DIVISION 2.- ROTATION SYSTEM
DIVISION 3.-NON-CONSENSUAL PRIVATE TOWING SERVICES
Key West, Florida, Code of Ordinances» SUBPART -GENERAL ORDINANCES >> Chapter 70 -TRAFFIC
D VEHICLES >> ARTICLE X1. -WRECKERS AND TOWING SERVICE >> DIVISION 1. GENERALLY>>
DIVISION 1. GENERALLY
Secs.70-621-70-645. Reserved.
Secs. 70,,,,, 21 7 -6 . rve .
Key West, Florida, Code of Ordinances» SUBPART GENERAL ORDINANCES >> Chapter 7 -T FF C
AND VEHICLES >> ARTICLE XI. -WRECKERS TOWING SERVICE>> DIVISION 2. ROTATION SYSTEM
»
DIVISION 2.ROTATION SYSTEM
Sec. 70-646. Definitions.
Sec.70-647. Regulations:jurisdiction.
Sec.70-648. Em eraencv conditions.
Sec.70-649.Rotating call list.
Sec.70-650.Application for placement:license requirements: revocation.
Sec.70-651.One business under different names.
Sec.70-652.Filung of application. fees.
Sec.70-653. Investigation,approval,indemnification.
Sec.70-654 Wrecker classification: required and optional equipment
Sec. 70-655.Disapproval,appeal.
Sec.70-656. Insurance required.
Sec.70-657.Removal from rotating call list:revocation or suspension of license.
Sec.70-658. Rates,.
Sec. 70-659. Display of rates.
Sec.70-660.Fulling for charges..
Sec.70-661.Storage facilities.
Sec.70-662. Penalties.
Sec.70-663.Sunset:competitive solicitation.
Secs.70-664-70-700. Reserved.
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Sec. 70-646. Deffinitions.
The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning-
(1) Administrative fee means the charge for notifying a motor vehicle owner and any lien
holders that a wrecker operator has towed and stored the motor vehicle.
(2) Commercially manufactured wrecker means a tow truck that is:
a. Designed and constructed by a wrecker manufacturer which offers its wreckers
for sale; or
b. Assembled by a business licensed and approved to assemble and certify
wreckers according to manufacturer's specifications. Florida Statutes Sections
713.78 and 715.07 will be the prevailing statutes.
(3) Motor vehicle or vehicle shall mean any motor vehicle as described in Section
320.01(1), Florida Statutes.
(4) Wrecker also means tow truck.
(5) Wrecker operator or operator means the individual, partnership, corporation, or
business entity engaged for hire in the recovery, towing removal, or storage of wrecked,
disabled, stolen or abandoned motor vehicles. For the purpose of this section, a hired
driver or employee shall be governed by this section and shall be considered an agent
of the wrecker operator.
Sec., 70-647. Regulations; jurisdiction.
The chief of police shall have the power to make such regulations as may be necessary to
carry out this division and shall furnish to each licensed towing service a copy of such regulations.
The provisions of this section shall apply to all wrecker operators providing towing and the removal of
motor vehicle service and motor vehicle storage in the City of Key West at the request of a law
enforcement officer.
Sec., 70-648. IEmergency conditions.
Nothing contained in this division shall be construed to limit the authority of the police
department to otherwise request towing services in an emergency where necessary to preserve or
promote the public health, safety, and welfare.
Sec. 70-649. Illtating call list.
(1) There is established a city rotating call list. A person in the business of operating a wrecker
and who is eligible under this division may apply for a permit to be placed on the rotating call
list and thereby take possession, handle, and store vehicles and vessels on land, as directed
by the police department. The city may place itself on the rotating call list.
(2) A tow company on the rotating call list shall tow every vehicle or vessel on land as directed by
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the police department. The tow shall occur immediately when the police department indicates a
safety hazard. The tow company neither shall undertake selective towing nor impose its own
limits on the number of vehicles or vessels on land it will tow in a given time period. If a tow
company determines not to tow a vehicle or vessel on land per the direction of the police
department, the tow company must justify its determination to the satisfaction of the police
chief or his designee, or otherwise be subject to removal from the rotating call list. If all
members of the rotating call list are unable to respond to a call, the police department may call
for a wrecker not on the rotating call list.
(3) Except in extraordinary circumstances as authorized by the city manager or his designee all
vehicles and vessels on land towed by a tow company must be stored by that tow company
within a distance no greater than mile marker 15 on U.S. 1.
(4) The intent of this division is not to preclude a towing company and an owner of a vehicle or
vessel to enter into a private agreement for the removal of the vehicle or vessel; provided,
however, that a towing company shall not remove a vehicle or vessel if advised by the police
department that it is needed as evidence in a criminal action.
(5) In the event that the rotating call list fails to assure an orderly removal of abandoned vehicles
from the city's rights-of-way or public places, then the city may establish any lawful program or
set of administrative rules necessary to ensure the removal of abandoned vehicles.
(6) Once notified by communications, the duty tow/wrecker service will respond to the requested
scene within 30 minutes. If the tow/wrecker service is unable to meet the deadline then the next
duty tow/wrecker will be called. For abandoned vehicles the duty abandoned tow/wrecker
service will respond within 24 hours of being notified. Unless exigent circumstances exist, the
abandoned duty rotation will be Monday through Friday during normal business hours.
Sec. 70-650. Application for placement; license requirements; revocation.
(1) Selection.
(a) Towing or wrecker companies providing city-initiated towing services shall be selected
after review of the applications by the city manager.
(b) Every application for a towing license shall be in writing with a notarized signature of the
applicant.
(c) Every application shall be filed with the licensing division together with an investigative,
processing fee established in section 70-652.
(d) The statements contained in the application shall become part of the towing license and
may be modified only in accordance with the provisions of this article.
(e) Every application for a towing license shall be on a form prescribed by the licensing
division and shall contain all the information required by that form, including, but not
limited to:
Sufficient information to identify the applicant; including, but not limited to, full
legal name, date of birth or date of formation or incorporation of legal entity,
business telephone numbers, and all business and residence addresses. If the
applicant is a corporation, the foregoing information shall also be provided for
each corporate officer, director, resident agent and shareholder. If the applicant
is a partnership, the foregoing information shall also be provided for each
general and each limited partner. Post office box addresses will not be accepted.
11. Documentation demonstrating that all corporate or partnership applicants are
qualified to do business under state law.
Ill. Photocopy of all city and county business tax receipts of the applicant.
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IV. A list of all persons with any ownership interest in the applicant who have
previously been denied a license.
V. Any trade name under which the applicant operates, intends to operate, or has
previously operated, and a description of proposed, existing and previous towing
vehicles' colors and markings.
VI. A description of the applicant's management plan, which shall include, but is not
limited to: Location and description of all places of business; a description of all
towing vehicles and equipment; a description of the, plan and facilities for
maintaining towing vehicles and equipment; a system for handling complaints and
accidents, insurance coverage and a description of any communication system.
VII. A description of services proposed to be provided, including, but not limited to,
days and hours of operation and types of towing and storage services to be
provided.
VIII. Sufficient information to identity the applicant and each employee, including, but
not limited to, full legal name, date of birth and social security number. For each
employee, the wrecker company shall obtain documentation from the relevant
local, state and federal agencies regarding the employee's criminal and arrest
history and submit such information to the city. Wrecker companies shall submit
current employee information every year.
ly- Individual applicants shall obtain and submit their fingerprints and photographs
from an appropriate law enforcement agency and provide them with the
application and, where civil rights have been revoked, provide such information
with the application. If the applicant is a corporation or partnership, all such
information shall be provided by all corporate, officers and directors, or partners,
as the case may be, and by all stockholders who own, hold or control five percent
or more of issued and outstanding stock in the corporation or beneficial interest
therein, and by all officers and directors of any corporate general partners of a
partnership and by stockholders who own, hold or control five percent or more of
issued and outstanding stock in a corporate general partner, or beneficial
interest therein.
x Proof of insurance as required in this article.
The signature of each individual applicant, the signature of the president or vice-
president of a corporate applicant, and the signature of all the general partners
of a partnership applicant.
Al. An affidavit signed by the applicant that the applicant shall abide by this article,
city, county and state Ilaw.
)(lil- It shall be a violation of this section to fail to report to the licensing division any
material change pertaining to the information, supplied by the applicant or
licensee for his license, including, but not limited to, changing the location of the
applicant's place of business prior to issuing the license and during the time
period for which the license has been issued.
XrV. Each applicant for a license shall provide a schedule of all proposed rates and
charges on a form prepared by the licensing division.
XV. Any additional information about the application as the licensing division may
deem appropriate.
M In order to be considered for duty tow rotation, the tow company/wrecker service must
also tow abandoned vehicles when directed to do so. The abandoned vehicle rotation
list will be determined by the chief of police or his/her designee. For abandoned
vehicles, the duty abandoned tow/wrecker service will respond within 24 hours of being
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notified. Unless exigent circumstances exist, the abandoned duty rotation will be Monday
through Friday during normal business hours.
(9) The city manager or his designee is authorized to issue licenses to applicants who have
met the standards and requirements for a towing license, and to promulgate rules,
reguilations and procedures for the application, issuance and revocation of such
licenses.
(h) The city manager or his designee shall review and investigate each application for a
towing license and shall reject any application that is not properly filed or is incomplete
or untrue in whole or in part, or which fails in any way to meet the requirements of
subsection (e) of this section.
(i) No towing license shall be issued to an applicant or renewed unless the applicant has
completed the following:
I. Filed with the licensing administrator a true, correct and complete application on
the form prescribed by the licensing section, including all proofs of required
insurance.
Paid the initial, renewal or late application fee, as applicable.
Ill• Submitted to a background investigation resuilting in a determination by the
licensing administrator that:
A. Neither the applicant, nor any officer, director or partner of the applicant,
nor any stockholder owning, holding, controlling or having a beneficial
interest in five percent or more of the issued and outstanding stock of a
corporate general partner of a partnership applicant, has a currently
suspended license, has had its license revoked by action of the licensing
director within two years of the date of application, or has outstanding and
unsatisfied civil penalties imposed on account of violations of this article.
B. Neither the applicant, nor any officer, director or partner of the applicant,
nor any stockholder owning, holding, controlling or having a beneficial
interest in five percent or more of the issued and outstanding stock of a
corporate general partner of a partnership applicant, has been convicted
of one or more felonies within the preceding five years; or that three
misdemeanors have been committed within the 36-month period preceding
the date of the application, unless the civil rights of such individual or
applicant have been restored or that such person has successfully
completed all sentences of incarceration, probationary periods, required
rehabilitation activities and payment of all fines and penalties imposed. For
applicants requesting renewal, the licensing administrator may only
consider crimes committed after the date the applicant obtained his
license, unless such crimes were not previously disclosed in the original
application.
C. Each corporate or partnership application is qualified under the state law
to do business under the trade name or names under which it has applied
for a license.
D. No fraud or willful or knowing misrepresentation or false statement was
made in the application.
E. No judgment against the applicant arising out of the activity of recovery,
towing or removing a vehicle or providing storage in connection therewith
remains unsatisfied, unless a stay or reversal of the judgment is procured
through the courts.
F. No outstanding warrants of arrest against the applicant nor any officer,
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director or partner of the applicant, nor any stockholder owning, holding,
controlling or having a beneficial interest in five percent or more of the
issued and outstanding stock of a corporate general partner of a
partnership applicant.
U) Each towing license shall be on a form prescribed by the licensing section and shall be
signed by the licensing administrator. Each towing license shall contain, at a minimum,
the name and address of the applicant, the dates the license remains in effect unless
suspended or revoked, and a statement of such additional terms and conditions,
restrictions and limitations as were authorized in the application and approval process.
(k) Prior to the expiration of the initial towing license or expiration of the annual license,
where applicable, an applicant may apply for an annual towing license. As a part of the
renewal process, the original application shall be updated and verified by the applicant
on forms prescribed by the licensing division. Renewal applications shall also include
such financial information, as licensing department shall deem necessary to consider
the continued appropriateness of maximum fees established by resolution. Each
updated renewal application shall be submitted at least 60 days prior to expiration of the
current initial or annual license and shall be accompanied by a renewal fee in an
amount established by resolution. The amount of the renewal fee shall be reasonably
related to the cost of the administrative services and regulation provided, and shall be in
addition to any other fees or charges required by this article. All annual towing licenses
that are not renewed shall automatically expire on June 30 following the issuance date
and all recovery; towing, removing and storage services permitted thereunder shall
cease immediately. The licensing administrator shall deny each renewal application that
is not timely, not properly filed, incomplete, untrue in whole or in part, unaccompanied
by the required fee, or results in a determination by the licensing administrator that the
applicant has failed to satisfy the requirements of subsection (i)(III) of this section.
(I) A license issued or renewed pursuant to_the provisions of this article shall not be
transferable, nor shall the ownership structure of the license be so modified as to
continue a change in control or ownership of the license, without city commission
approval.
(m) Each year the City of Key West will utilize the Consumer Price Index(CPI) as set forth by
the United States Department of Labor as a guideline for possible rate
increase/decrease of the respective duty rotation wrecker/tow companies.
Sec. 70-651. One business under different naiu es.
It is the intention of this division that persons engaged in towing service shall not be allowed to
seek,separate licenses under different names where the ownership of the towing businesses is
actually the same and/or the towing services are provided from the same premises. The chief of
police and the police department shall have the power to make the necessary investigation to
determine if the applicant's equipment is actually owned by and operated from the premises of an
applicant who had been issued a permit by the city to be placed on a call list for the purpose of
offering towing service on a rotation basis with the police department. If such investigation proves that
the applicant is the same owner and/or the equipment is operated from the same premises, the police
department shall deny such additional rotation turn.
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Sec. 70-652. Fflirig of application, fees.
Application to be placed on the rotation call list shall be made to the chief of police in duplicate.
An initial application fee of$200.00 shall contemporaneously be submitted to the licensing division.
Annual renewal fee shall be $150.00. One of the applications shall be marked by the chief of police
and delivered to the city manager disclosing that the applicant owns and possesses a business tax
receipt to operate a tow truck and that the fee has been paid.
Sec. 70-653. Investigation, approval, indemnification.
.
The police department shall conduct an investigation of the applicant(s) for the rotation call list
and including any employees and shall approve the application if the applicant meets the
requirements set out in this division. The chief of police, upon receipt of the approved application,
shall issue for the applicant to be placed on the call list as provided in this division. Companies that
are on the city tow rotation list shall enter into an indemnification and hold-harmless agreement
benefitting the City of Key West for any subsequent negligence occurring after the city inspection has
taken place.
Sec. 70-654. Wrecker class ificatiori; required and optional equipment.
A. Wrecker classification and equipment required for placement and retention on the city's
rotating call list.
(1) Each tow truck owned or maintained by a wrecker operator shall be commercially
manufactured and shall conform to all other requirements of this section, as indicated.
(2) All tow trucks shall be equipped with a business-type communication radio or mobile
telephone or cellular telephone. There shall be one radio or phone for each truck. The
equipment shall be licensed and approved by the Federal Communications Commission.
The mobile radio or telephone shall enable the wrecker operator to communicate with
his trucks within his usual area of operation. A citizens band radio does not meet the
requirements of this subsection.
(3) In order to be eligible for the city's rotating call list, an operator must possess the
following specified wrecker classifications and required equipment:
(a) All wreckers (all classifications) shall) include the following:
I• A cradle, tow plate or tow sling to pick up motor vehicles. The cradle, tow
plate or tow sling shall be equipped with safety chains and constructed in
such a manner that it will not damage the motor vehicle to be towed.
II. Dual rear wheels.
III. Clearance and marker lights and all other equipment as required by F.S.
ch. 316.
IV. A rotor beam or strobe-type light, amber in color, mounted on the wrecker
in such a manner that it can be seen from the front, rear, and both sides.
V. The name, address and telephone number of the wrecker operator shall
be painted or permanently affixed in a conspicuous place on both sides of
the trucks as required by F.S. § 713.78(2).
VI. At least one heavy duty push broom with a minimum width of 24 inches.
VII. One square shovel.
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VIII One ax.
IX One crowbar or pry-bar with a minimum length of 30 inches.
Minimum of one five-pound CO2 or dry chemical fire extinguisher or
equivalent. Must be approved type and have a current inspection tag
attached.
XI. One pair of bolt cutters with a minimum opening of one-half inch.
AL One set of jumper cables.
Xlll• One four-way lug wrench.
X1V. One flashlight.
XV• Five 30-minute fuses.
XVI• One snatch block for each winch with manufacturer's rating to match
winch.
XVIL Extra towing chain six to eight feet in length with hooks.
XVIIL At least three safety cones or triangle reflectors.
XJX Fifty pounds of sand or petroleum absorbent.
(b) Class "A" wreckers (for the removal of cars and light duty trucks and vehicles
weighing 10,000 pounds gross vehicle weight or less): Specifications and
equipment in addition to requirements outlined in subsection (3)(a) of this
section, shall be as follows:
l• A truck chassis with a manufacturer's rated capacity of at least 10,000
pounds gross vehicle weight. A complete, commercially manufactured
boom and at least one winch having a manufacturer's combined rating of
at least four tons must be mounted on the chassis. Hand crank winches do
not satisfy these requirements and will not be approved.
II. A minimum of 100 feet of three-eighths-inch cable.
III. Dollies.
IV. Flood lights on the hoist.
V• Vehicles which are equipped with wheel lifts or the equivalent may also
qualify as class "A"tow trucks so long as they are equipped with a boom
and all other applicable requirements are met. Wheel lifts shall be rated at
a minimum of 3,000 pounds lift capacity and must utilize wheel safety
straps when lifting vehicles by the wheels only.
VI. Operators who wish to remove cars and light trucks may have, in addition
to the criteria described in this subsection A(3)(b), or as an alternative to,
a roll-back or slide-back carrier truck/trailer with specifications and the
equipment as provided in subsection A(3)(c) of this section.
(c) As an alternative to the Class "A"wrecker described in subsection A(3)(b) above,
an operator may have Class "A" roll-back or slide-back wreckers (for the removal
of cars and light duty trucks and vehicles weighing 10,000 pounds gross vehicle
weight or less): Specifications and equipment for roll-back or slide-back carriers
in addition to the requirements outlined in subsection A(3)(a) of this section shall
include the following:
l A truck chassis with a manufacturer's rated capacity of at least 10,000
pounds gross vehicle weight with a minimum of a 16-foot bed, dual rear
wheels and a winch with at least 8,000 pounds capacity.
II. A minimum of 50 feet of three-eighths-inch cable.
III. A minimum of two safety tie-down chains of at least ten feet each in length.
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IV. Two spot (flood) lights mounted on the rear of the carrier.
V. A roll-back or slide-back carrier trailer shall meet the following
requirements:
A. A commercially manufactured carrier trailer with a rated capacity of
at least 8,000 pounds gross vehicle weight with a minimum 16-foot
bed equipped with a winch with at least 8,000 pounds lifting/pulling
capacity.
B. A minimum of 50 feet of three-eighths-inch cable.
C. Brakes and trailer lights which meet the minimum statutory
requirements of Florida law.
D. Safety chains.
E. Must be towed by and used in conjunction with an approved wrecker
that meets or exceeds the class of the vehicle to be towed.
(d) Class "B" wreckers (for removal of medium duty trucks or vehicles weighing
20,000 pounds gross vehicle weight or less): Specifications and equiipment in
addlition to the requirements outlined in [subsection A](3)(a) of this section, shall
be as follows:
I. A truck chassis with a manufacturer's rated capacity of at least 20,000
pounds gross vehicle weight. A complete, twin-winch, commercially
manufactured boom and winches having a manufacturers combined rating
of at least ten-ton capacity mounted on the chassis.
II A minimum of 100 feet of at least one-half-inch cable on each drum.
One set of scotch blocks for wheels or hydraulic rear-extendable scotch
blocks.
IV- Flood lights on the hoist.
(e) Class "C" wreckers (for removal of heavy duty trucks, house trailers, buses, etc.,
weighing over 20,000 pounds gross vehicle weight): Specifications and
equipment in addition to the requirements outlined in [subsection A](3)(a) of this
section, shall be as follows:
A truck chassis with a manufacturer's rated capacity of at least 30,000
pounds gross vehicle weight and 30,000 pounds gross vehicle weight for
tandem axle trucks. A complete, twin-winch, commercially manufactured
boom and winches having a manufacturer's combined rating of at least 25-
ton capacity mounted on the chassis.
A minimum of 200 feet of at least five-eighths-inch cable on each drum.
Air brakes so constructed as to lock the rear wheels automatically upon
failure.
IV. External air hookup and hoses, to supply air to disabled vehicles.
V. One set of scotch blocks for wheels or hydraulic rear-extendable scotch
blocks.
V1. Flood lights on the hoist.
B. Optional wrecker classification and, required equipment. In addition to wreckers and equipment
described in subsection A above, an operator may elect to, enhance its operation and towing
capabilities by having the optional equipment described below. However, the only wreckers and
equipment required for participation in the city's rotating call list is as described in [sub]section
A above.
M Class D wrecker. The requirements for a Class "D"wrecker are as follows:
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I. Commercially manufactured unit, with a rated capacity of not less than
52,000 pounds, GVW, according to the manufacturer's identification plate.
Any modification to increase GVW must be documented by the dealer or
manufacturer.
IL Cab to bogey dimension of not less than 180 inches.
Ill. Commercially manufactured boom or booms with a minimum total capacity
of 70,000 pounds.
IV. Hydraulically operated winch or winches with a minimum total winching
capacity of 70,000 pounds.
V. Two hundred feet of three-fourths-inch steel core cable per winch.
VI. Hydraulically operated under reach with a retracted rating of not less than
45,000 pounds and an extended rating of not less than 12,000 pounds.
VII. Rear support jacks or outriggers.
VIII. Two one-half-inch alloy safety chains.
IX Tow bar or tow-sling equipped.
X External air hookup and minimum hoses to supply air to disabled vehicles.
X. Two snatch blocks, minimum 24,000-pound capacity for each.
Al. Spring brake-air lock.
XIII. Two scotch blocks.
XV. Six to eight feet of extra towing chain with hoods, minimum 4,000- pound
capacity.
C. This section only applies to wrecker operators providing towing services to law enforcement
agencies pursuant to the city's rotating call list.
D. Operators actively providing services pursuant to the city's rotating call list shall ensure all
required wreckers and equipment are available to timely respond to calls for service in
accordance with this division.
Sec. - 55. IDisapproval, appeal.
If a person's application to be placed on the rotating call list is disapproved, the police
department shall immediately notify the applicant accordingly. If the application for placement on the
rotating list is disapproved by the police department, such applicant shall have the right to appeal the
decision of the police department by filing a notice of such appeal to the city commission with the city
clerk within 20 days after notification to the applicant by the police department of its disapproval. The'
application fee shall not be refunded if the application is denied.
Sec. 7U . Insurarice re uhv° .
No person for compensation shall recover, tow, or remove a motor vehicle or provide motor
vehicle storage or otherwise function as a wrecker operator until that person maintains in effect an
insurance policy which shall insure it for its liability at a minimum, as follows:
(1) For each tow truck, combined single limit of$500,000.00; and
(2) For garagekeeper's liability, not less than $50,000.00 for each loss covering perils of
fire and explosion, theft of a motor vehicle and parts or contents, riot and civil
commotion, vandalism, malicious mischief, and for on-hook protection; provided,
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however, that the requirement of this subsection may be adjusted, at the discretion of
the chief of police, for an applicant who would propose to remove abandoned vehicles
from the rights-of-way or public places of the city.
Sec. '70-657. Removal froan rotating call list; revocation or suspeN�-ision of license.
On written complaint of any person or by its own initiation, the city manager or his/her designee
may investigate the activities or action of a business licensed under this article to determine if there
are grounds for revocation or suspension of a license. The city manager or designee, upon notice to
the licensee and upon noticed hearing, shall determine if the license should be revoked or
suspended based on evidence and testimony presented at the hearing.
Sec. 70-658. 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:
(a) Class "A" wrecker service - $135.00.
For motorcycles, cars and vehicles weighing 10,000 pounds or less.
Inside storage per day (after the first six hours) - $40.00 plus $2.00 per foot for
vehicles over 20 feet in length.
Outside storage per day (after the first six hours) - $40.00 plus $1.00 per foot for
vehicles over 20 feet in length.
IV. Hourly charge in prorated quarter hour increments Ibeginning 60 minutes after
arrival - $1135,00.
V. Administrative fee per notification - $25.00.
(b) class "B"wrecker sendce- $200.00.
For vehicles weighing 20,000 pounds or less.
Inside storage per day (after the first six hours) - $40.00 Iplus $2.00 per foot for
vehicles over 20 feet in length.
Outside storage per day (after the first six hours) - $40.00 plus $1.00 per foot for
vehicles over 20 feet in length.
IV. Hourly charge in prorated quarter hour increments beginning 60 minutes after
arrival - $180.00.
V. Administrative fee per notification - $25.00.
M Class "C"and "D"wrecker service- $485.00.
For vehicles weighing between 20,000 pounds to 52,000 pounds.
Inside storage per day (after the first six hours) - $40.00 Iplus $2.00 per foot for
vehicles over 20 feet in length.
Outside storage per day (after the first six hours) - $40.00 plus $1.00 per foot for
vehicles over 20 feet in length.
IV. Hourly charge in prorated quarter hour increments beginning 60 minutes after
arrival - $300.00.
V. Administrative fee per notification - $25.00.
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(2) The daily storage rate must be prorated in six-hour increments when the vehicle is retrieved by
the owner or his agent. The administrative fee may only be charged when notice is sent by the
operator to the motor vehicle owner and any lien holder(s).
(3) Ordinary towing and road service shall include the use of a sling or wheel lift when required to
be used to render the service, and no additional charges are to be made for use of the sling or
wheel lift.
(4) Additional rates. Charges for towing and road service in addition to those set forth in
subsection (a) of this section are permitted, when necessary and applicable,, as follows:
(a) For extraordinary tows, an hourly rate may be charged by the tow company. Whether
the tow is extraordinary and eligible for the additional hourly charge shall be authorized
or ratified by the police chief or his designee. The hourly rate shall be cumulative for all
employees of the tow company involved in the extraordinary tow. The hourly rate shall
be $100.00 per hour.
(b) For use of a GoJac or other type of dolly, a device to lift individual wheels manually, the
rate shall be $30,00.
(c) If the tow company is required to remove either a front or rear axle in order to perform
the tow, the rate shall be $40.00.
(d) If the tow company is required to remove a drive shaft in order to perform the tow, the
rate shall be $50,00.
(e) Use of a Lo-Boy trailer for carrying vehicles the rate shall be $300.00. However, a, Lo-
Boy shall not be used and therefore not charged simultaneously with a class C wrecker.
M The tow company shall not charge for mileage for tows of vehicles or vessels on land
picked up in the city and brought to the tow company's storage area. For any other tow,
at the direction of the police department, the tow company may charge a mileage fee of
$3.00 per mile.
(9) Sales tax shall be added to all charges under this section.
(5) 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 there shall be no charge to the operator for the tow. If the operator returns to a vehicle
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 of the base rate for the class of towing service called for,
only if the vehicle has been completely secured to the tow truck prior to the operator's actual
arrival at the tow site consistent with F.S. § 715.07 and city ordinances regarding private
property tows.
(6) Towing companies may charge an additional $20.00 per vehicle as compensation for all
certified letters and all other time and expenses incurred through compliance with F.S. §
713.78, provided that the charge shall not be due and owing until the towing service has
complied with the notice requirements of the statute.
(7) This section applies only to rates charged by towing services called at the request of a law
enforcement officer, rather than by direction of the owner of the vehicle or vessel on land. In all
other situations this section does not apply, and the parties may negotiate prices and rates as
in other ordinary service contracts.
(8) In addition to accepting cash, all tow companies shall accept traveler's checks and credit cards
from vehicle and vessel owners. Tow companies operating on the city tow rotation list shall
afford owners a reasonable time to secure an acceptable method of payment and must have a
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written policy in place regarding accepting credit or debit cards on site at all times.
(9) 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 recreational vehicle,
boat, or other type of trailer be attached to a motor vehicle which requires towing, 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 trailer.
Sec. 70-659. Ili splay of rates.
Every towing service operating under this division shall conspicuously display at its place of
business the maximum charges that may be imposed for ordinary towing and road service under this
section, and failure to do so shall be an offense punishable as provided by Sec. 1-15. All operators
shall provide a copy of the posted tow charges to any vehicle owner or operator upon request.
Sec. 70-660. Billing for charges.
(1) The owner or operator of a towing service shall have prepared billheads setting forth the name
and address of the place of business of the towing service. Before removing a disabled vehicle
a bill on such billhead form, in duplicate, shall be prepared, the original of which shall be given
to the owner or operator of the disabled vehicle or his authorized representative if available
and a duplicate copy shall be retained by the towing service. Bills shall contain the following
information:
(a) The name and address of the person engaging in the towing service.
(b) The state license number of the disabled vehicle.
(C) The total amount to be charged for the towing service, if known.
(2) The towing service shall retain a duplicate copy of the bill for a period of six months and shall
produce the copy upon demand of the police department or any other person who removes
the disabled vehicle from the compound of the wrecker service to any other place.
Sec. 70-661. Storage facilities.
(1) Wrecker operators shall provide storage facilities which shall be maintained at the operator's
place of business. These facilities must be fenced and locked for the protection of vehicles and
property.
(2) The wrecker operator shall provide storage for all impounded/towed vehicles in an outside
storage area unless specific written instructions are given for inside storage by the impounding
law enforcement officer. If required for investigative purposes, the wrecker operator shall move
the vehicle(s) to a designated area for processing prior to storage. In such instance, the law
enforcement agency will not authorize release of the vehicle until all outstanding charges by
the operator, as authorized by this section have been satisfied.
(3) The wrecker operator shall not change the type of storage facility (inside or outside) afforded a
vehicle without written permission from the officer in charge. The wrecker operator shall not
change the storage facility location without first obtaining written permission from the officer in
charge.
(4) The storage facility must be owned or leased solely by the wrecker operator and vehicles
stored by the operator must be separately fenced and locked.
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(5) The registered owner of a vehicle or the owner's representatives or owner's insurance
adjusters, upon proper identification, shall be permitted to inspect or photograph stored
vehicles during the hours of 8:00 a.m. to 6:00 p.m., on days they are engaged in towing. The
wrecker operator shall not require the owner, adjuster or representative to pay any fee in order
to inspect or photograph the stored vehicle.
(6) All fencing shall be chain-link or solid-wall type and at least six feet in height where permissible
under land use regulations of the county to discourage theft of any vehicle or any property
being stored inside. All storage facillities shall be illuminated with 'lighting of sufficient intensity
to reveal persons and vehicles at a distance of at least 1510 feet during nighttime.
(7) Permanent inside storage facilities must be available for 24-hour storage when weather or
other conditions require inside storage for the protection of the vehicle or personal property. A
lean-to, tent or shed does not meet the requirements of this section. Inside storage must be
within a weather-tight building. A container shall not be a considered a weather-tight building.
(81) A minimum of 25 storage spaces with three inside storage spaces must be available. Service
bays or repair bays do not qualify as inside storage, nor does any area that is utilized for any
activity other than serving as a permanent inside storage area, when vehicles are actually
stored inside at the request of a law enforcement agency or the owner of a vehicle.
(g) Wrecker operators shall comply with hold orders placed by the law enforcement agency,
including any instructions for inside or outside storage. Vehicles involved in a fatality and
sealed by the traffic homicide investigator shall remain intact until the seals are removed by the
investigator. No property of any kind shall be released to anyone without authority of the
homicide investigator. If no fatality occurred, then the vehicle and the property may be
released by the wrecker operator upon valid proof of ownership once the hold is released.
(10) A copy of an inventory prepared by the law enforcement agency, of all personal property found
in a wrecked, disabled or abandoned vehicle shall be provided to the wrecker operator. The
wrecker operator shall permit the removal of such property by the vehicle owner or his agent
from a stored vehicle during normal business hours without charge. The agent's authority shall
be evidenced by a writing acknowledged by the owner before a notary public or other person
empowered by law to administer oaths. A signed receipt for each article removed by the owner
or his agent shall be obtained. Personal property shall be defined as any item not affixed to the
vehicle which was in the vehicle at the time of the tow. In the case of vehicles stored where no
"hold order" has been placed, the wrecker operator will directly release any vehicle upon
presentation of proper proof of identification and ownership. If these conditions cannot be met
due to unusual or extraordinary circumstances, the vehicle will be released only upon
authorization obtained from the law enforcement agency.
01) Wrecker operators handling the initial tow shall exercise reasonable care and control of parts
and contents located in vehicles while under their protection or while in storage.
(12) During the hours from 8:00 a.m. to 6:00 p.m., Monday through Friday; or on any day they are
actively engaged in towing, wrecker operators will provide adequate staffing at the storage
facility so that personal property may be removed from the vehicle or the vehicle itself may be
released without undue delay. If the property or vehicle is to be released after hours the
wrecker operator will respond within 60 minutes to release the property or vehicle.
(13) Should it become necessary that personal property be removed from a vehicle or a vehicle be
released when the storage facility is not staffed, the wrecker operator will be required to do so
and allowed to charge a reasonable fee to cover actual expenses limited to $30.00.
Sec. - l .
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Violations shall be prosecuted under section 1-15 and/or suspension from both the duty and
abandoned tow rotation list consistent with the provisions above.
Sec. 0- 3. Sunset, c rn etiiiti e solicitation.
The division shall sunset and be of no further effect upon the city commission's issuance of a
competitive solicitation for police initiated tows, subsequent acceptance of a vendor or vendors and
final implementation of a contract to provide such services.
Secs. " 0- --TO700.. Reserved..
Ivey West, Florida, Coate of Ordinances>> SUBPART A -GENERAL ORDINANCES » Chapter 7 -TRAFFIC
AND VEHICLES >> ARTICLE XI. -WRECKERS D TOWING SERVICE >> DIVISION 3. NON-CONSENSUAL
PRIVATE TOWING I E >>
DIVISION 3.NON-CONSENSUAL PRIVATE TOWING SER ICES
Sec,_70-701.Authority.
Sec.70-702.Short title.
Sec.70-703. Purpose.
Sec.70-704. Definitions.
Sec.70-705.Operating permit required.
Sec.70-706.New a lications/renewals and issuance of non-consensual towpermit:fees.
Sec.70-707.Maximum rates for non-consensual towing services.
Sec.70-708.Non-consenttow truck companvrequirements.
Sec 70.709 Non-consent towing with prior express instruction of real property owner or duly authorized agent and/or law
enforcement agency.
Sec.70-710. Enforcement and enalties for violations.
Secs.70-711-70-800. Reserved.
Sec. 70-701. Authority.
This division is enacted pursuant to the statutory power of the City of Key West to establish
and enforce business regulations necessary for the protection of the public, and pursuant to F.S. §§
166.043(1)(b) and 715.07.
Sec. 70-70 . Shorttitle.
This division shall be known as "The Non-Consensual Private Towing Services Ordinance of
the City of Key West."
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Sec. 70-703. Purpose.
The purpose of this division is to regulate non-consensual tows consistent with federal and
state laws and to create a mechanism for the establishment of maximum permissible rates which may
be charged for the towing and storage of motor vehicles/vessels by private persons not acting at the
behest of local, county, state, or federal government and without the consent of the owner.
Sec. 70-704. Definitiaris.
For purposes of this division, the following definitions shall apply:
Commission shall mean the city commission of the City of Key West, Florida.
Custodian shall mean one lawfully authorized and entrusted to possess, guard, maintain,
and/or operate the property of another,
Division (except as the context otherwise indicates) shall mean the City of Key West Parking
Division. The duties of the Division hereunder may also be supplemented and/or exercised by the
Key West Police Department and licensing department upon the direction of the city manager.
Immobilizing shall mean rendering a vehicle incapable of being driven by means of a wheel-
locking boot or other device.
Non-consent or non-consensual private towing services shall mean the immobilizing, towing
and/or storage of a vehicle or vessel, without the prior express consent of the owner or custodian, by
any person who is not acting pursuant to a contract with a unit of local, county, state, or federal
government.
Owner shall mean that person who exercises dominion and control over a vehicle, other
personal property, or real property, including, but not limited to, the legal titleholder, lessee,
designated representative of a condominium association, or any other person authorized to share
dominion and control over the property.
Person shall mean any natural person, or any association, corporation, firm,joint venture,
partnership, or other entity.
Storage shall mean the safekeeping of a vehicle which has been towed under the authority of
this division.
Towing or towshall mean taking possession of a vehicle and its contents, exercising control,
supervision and responsibility over it, and changing its location by immobilizing, hauling, drawing, or
pulling it by means of another vehicle, with or without booms, car carriers, winches, or similar
equipment.
Vehicle shall mean an automobile, bus, motorcycle, recreational unit primarily designed as
temporary living quarters which either has its own motive power or is mounted on or drawn by another
vehicle, semi-trailer, semi-trailer combination, trailer, truck, truck-tractor, van, or any other
mechanized conveyance, used to transport persons or property and designed to operate on public
roads without a fixed track.
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Sec. 70-705. Operatirig pennit irequired.
(a) Except as otherwise provided herein, it shall be unlawful for any person to conduct non-
consensual private towing services, or to cause or permit any other person for compensation
to conduct non-consensual private towing services in the city without first obtaining a non-
consensual tow permit under this division. It shall also be unlawful to advertise said services
without first obtaining and maintaining a current non-consensual tow permit pursuant to the
provisions of this division. A person conducting non-consent tows in the city but having his/her
primary place of business outside of the city shall be required to obtain a non-consensual tow
permit and shall be subject to all the provisions of this division.
(b) Nothing in this division shall be construed to prohibit the discharge or storage of a vehicle
lawfully recovered, towed or removed in another city or county and lawfully transported into the
city; nor shall anything in this division be construed to prohibit a vehicle owner from requesting
the services of a towing business not regularly doing business in the city (i.e., routinely,
contracted, etc.) To tow or transport such vehicle out of the city.
(c) The provisions of this division shall not apply to governmental agencies and persons operating
pursuant to a government-initiated tow request.
Sec. 70-706. Now applicationsirenewals and issuance of non-consensuall1tow perinit;
fees.
(a) Permit.
The Division shall issue a non-consensual tow permit to persons that have met the
requirements as provided for in this division.
(2) If the non-consensual tow applicant holds a valid towing license issued pursuant to
section 70-650, the non-consensual tow permit shall be issued upon request and
payment as described in subsection 70-706(l).
(b) Every application/renewal for an operating permit shall be in writing, signed and verified by the
applicant, and filed with the Division. The application/renewal shall be on a form prescribed by
the Division and shall contain the same information required by Key West City Code of
Ordinances subsection 70-650(1)(e).
M The Division shall review and investigate each application/renewal of a non-consensual tow
permit and shall deny any application/renewal that is incomplete or untrue in whole or in part,
or which fails in any way to meet the requirements of this division.
(d) The applicant must submit to a background check, and to be eligible for a non-consensual tow
permit the Division must find that:
Neither the applicant, nor any officer, director or partner of the applicant, nor any
stockholder owning, holding, controlling or having a beneficial interest in five percent or
more of the issued and outstanding stock of a corporate general partner of a
partnership applicant, has a currently suspended permit, has had its permit revoked by
action of the licensing official within two years of the date of application, or has
outstanding and unsatisfied civil penalties imposed on account of violations of this
article.
(2) Neither the applicant, nor any officer, director or partner of the applicant, nor any
stockholder owning, holding, controlling or having a beneficial interest in five percent or
more of the issued and outstanding stock of a corporate general partner of a
partnership applicant, has been convicted of one or more felonies within the preceding
five years; or that three misdemeanors have been committed within the 36-month period
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preceding the date of the application, unless the civil rights of such individual or
applicant have been restored or that such person has successfully completed all
sentences of incarceration, probationary periods, required rehabilitation activities and
payment of all fines and penalties imposed. For applicants, requesting renewal, the
licensing official may only consider crimes committed after the date the applicant
obtained his license, unless such crimes were not previously disclosed in the original
application.
(3) Each corporate or partnership application is qualified under the state law to do business
under the trade name or names under Mich it has applied for a license.
(4) No fraud or Wilful or knowing misrepresentation or false statement was made in the
application.
(5) No judgment against the applicant arising out of the activity of recovery, towing or
removing a vehicle or providing storage lin connection therewith remains unsatisfied,
unless a stay or reversal of the judgment is procured through the courts.
(6) No outstanding warrants of arrest against the applicant nor any officer, director or
partner of the applicant, nor any stockholder owning, holding, controlling or having a
beneficial interest in five percent or more of the issued and outstanding stock of a
corporate general partner of a partnership applicant.
(e) If there are six months or less remaining before the annual renewal period, the nonrefundable
fee for the non-consensual tow permit shall be 50 percent of the approved fee, otherwise all
other fees are applicable.
(f) Except for the initial permit, each non-consensual tow permit issued pursuant to this section
shall be valid and effective for a maximum of one year. Each non-consensual tow permit shall
terminate on June 30 of each year.
(9) Persons failing to submit a complete and true application within 30 calendar days after the
Division's receipt and any notification of the incompleteness of the application shall be denied
a non-consensual tow permit.
(h) All non-consensuial tow permits shall be renewed annually. As a part of the renewal process,
the original application shall be updated and verified by the applicant. Each updated renewal
application shall be accompanied by a nonrefundable fee. All non-consensual tow permits
which are not renewed shall automatically expire upon the expiration date of the permit, and all
non-consensual tows shall cease immediately. The Division shall deny each renewal
application that is not timely, is incomplete, is untrue in whole or in part, is unaccompanied by
the required fees, or results in a determination by the Division that the applicant has failed to
satisfy the requirements of this article.
After initial application and upon renewal, the applicant shall submit to a background
investigation every other year.
Each non-consensual tow permit shall be printed on certificate containing, at a minimum, the
name and address of the company, the name of the principal, the dates the operating permit is
in effect, and any identifying number assigned by the Division to the company. The non-
consensual tow permit certificate issued by the Division shall remain the property of the City of
Key West and shall be used only under the authority of the division.
(k) A non-consensual tow permit issued or renewed pursuant to the provisions of this section shall
not be transferable, nor shall the ownership structure of the operating permit be so modified as
to constitute a change in the control or ownership of the operating permit. If the business
cha ngies its name or ownership structure, a new business permit application and the business
application permit fee shall be submitted to the division within 45 days of said change. In cases
where the name of the business changes, the new business will be required to have each
vehicle inspected and must also pay decal/vehicle fees.
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(1) An initial application fee of$200.00 shall contemporaneously be submitted to the licensing
division. Annual renewal fee shall be $150.00.
(m) Failure to comply with the provisions of this division shall result in denial of a non-consensual
tow permit, revocation or suspension of the permit, a denial of renewal of such permit,
issuance of a civil citation, a criminal conviction and/or other such remedies available to the
Division as specified herein.
Sec., '70-707. Maximum rates for non-consensual towing e ices.
(a) The maximum rate for non-consensual private towing services shall be as follows-
(1) $100.00 for mopeds, motorcycles, cars and vehicles/vessels weighing 10,000 pounds or
less.
(2) $150.00 for vehicles/vessels weighing between 10,001 and 20,000 pounds.
(3) $360.00 for vehicles/vessels weighing in excess of 20,000 pounds.
(b) Storage fees may be charged only after the vehicle has been in the storage facility for at least
six hours. If the vehicle is not recovered by the vehicle/vessel owner after the six-hour time
period has elapsed, then storage charges shall accrue in 24-hour increments from the time the
vehicle/vessel arrived in the storage facility at the rate of$25.00 per day.
(c) An administrative/lien flee in the maximum amount of$25.00 shall only be charged after the
vehicle/vessel has been in the storage facility for at least 24 hours; and, the non-consent tow
truck company must show proof that lien letter(s) have been prepared with the appropriate
names/addresses (i.e., U.S. Mail Certification Number, correspondence copies, etc.) and that
actual fees for obtaining required ownership information have been expended. Failure to
document and provide all of the above required information will result in administrative/lien fee
charges being removed from the total cost of the service/invoice and is a violation of this
division. Prior to instituting such charge, the tow company must provide such documentation to
the vehicle/vessel owner.
(d) After-hour gate fees may not be applied between the hours of 8:00 a.m, and 6:00 p.m. Monday
through Friday (excluding federal holidays) and not for six hours after a vehicle has been
impounded. The maximum amount of such after-hours gate fee shall be $30.00. An after-hours
gate fee may also not be applied during such period of time that the business is open for
towing purposes. A business shall be considered open for towing purposes if it has vehicles
engaged in towing i services at the time.
(e) Persons who provide services pursuant to this division shall not charge in excess of the
maximum allowable rates established by the commission. No person providing services
pursuant to this section shall charge any type of fee other than the rates the commission has
specifically established. Persons who provide non-consensual tow services from the city to a
location outside the city shall abide by the terms of this division including all rates and charges
adopted by the commission.
(f) Persons who provide non-consensual tow services pursuant to this division shall provide a City
of Key West, Florida Maximum Non-Consent Towing Rates sheet to the vehicle or vessel owner
at the time of payment. The non-consensual towing company shall obtain a signed
acknowledgement that the vehicle/vessel owner has received such rate sheet.
(g) Upon payment of the fees specified herein, persons who provide non-consensual tow services
in areas where the speed limit exceeds 35 mph shall make reasonable arrangements to return
any noncommercially owned moped, electric car and similar reduced-speed vehicle to the Key
West city limit without charge to the vehicle owner.
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Sec. 'M 708. Non-coinserit tow truck company requirements.
(a) Non-consent tow truck companies which provide services pursuant to this division shall advise
any vehicle/vessel owner who calls by telephone prior to arriving at the storage facility of the
following:
(1) Each and every document or other item which must be produced to retrieve the
vehicle/vessel;
(2) The exact charges as of the time of the telephone call, and the rate at which charges
accumulate after the call;
(3) The acceptable methods of payment; and
(4) The hours and days the storage facility is open for regular business.
(b) Persons providing non-consensual tow services pursuant to this division shall allow every
vehicle/vessel owner to inspect the interior and exterior of the towed vehicle upon This or her
arrival at the storage facility before payment of any charges (except for "after-hour gate fee").
With the exception of a vehicle being held pursuant to the specific request or "hold order" of a
law enforcement agency, the vehicle/vessel owner or authorized driver/agent shall be
permitted to remove the vehicle license tag and any and all personal property inside but not
affixed to the vehicle/vessel. A vehicle/vessel owner who shows a government-issued photo
identification shall be given access to view ownership documents stored in the vehicle/vessel.
The vehicle/vessel and/or personal property shall be released to the vehicle/vessel owner if
the ownership documents are consistent (name and address) with the photo identification.
When a vehiicle/vessel owner's government-issued identification and ownership documents are
stored inside the impounded vehicle due to unforeseen circumstances, the towtruck company
shall be required to recover the ownership documents stored in the impounded vehicle (i.e.,
glove compartment, sun visors, etc.,) upon receipt of a vehicle/vessel key, vehicle access code,
or electronic device from the vehicle/vessel owner that would allow entry. The vehicle/vessel
and/or personal property shall be released to the vehicle/vessel owner if the ownership
documents are consistent with the photo identification.
(c) Persons providing non-consensual tow services pursuant to this division shall accept payment
for charges from the vehicle/vessel owner in all the following forms:
(1) Cash, money order or valid traveler's check; and
(2) Valid bank debit/credit card, which shall include, but not be limited to, MasterCard or
VISA.
(d) Persons providing non-consensual tow services pursuant to this division shall not store or
impound a towed vehicle/vessel at a distance which exceeds a ten-mile radius of the location
from which the vehiclelvessel was recovered, towed or removed unless no towing company
providing services under this division is located within a ten-mile radius, in Mich case a towed
or removed vehicle/vessel must be stored at a site within 20 miles of the point of removal.
(e) Persons providing non-consensual tow services pursuant to this division shall maintain one or
more storage facilities, each of which shall maintain a current business tax receipt and when
applicable a municipal business tax receipt. The storage facility must be secured and fenced
with a minimum of six feet fencing, lighted and equipped with a lock or enclosed building and
otherwise comply with the City of Key West Code of Ordinances. The business shall be open
for the purpose of redemption of vehicles/vessels by owners on any day that the tow truck
company is open for towing purposes. A business shall be considered open for towing
purposes if it has vehicles engaged in towing services at the time. At a minimum, each
business operating pursuant to a non-consensual tow permit shall be open from at least 8:00
a.m. to 6:00 p.m., Monday through Friday. When closed, each business shall have posted
prominently on the exterior of the storage facility and place of business, if different, a notice
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indicating a telephone number where the tow truck company can be reached at all times. Upon
request of the vehicle/vessel owner or authorized driver/agent, the tow truck company shall
release the vehicle/vessel to the vehicle/vessel owner or authorized driver/agent within one
hour.
(f) Persons providing non-consensual tow services pursuant to this division shall not, as a
condition of release of the vehicle/vessel, require a vehicle/vessel owner or authorized
driver/agent to sign any release or waiver of any kind which would release the tow truck
company from liability for damages noted by the vehicle/vessel owner or authorized
driver/agent at the time of the vehicle's/vessel's release. A detailed, signed receipt showing the
legal name of the tow truck company removing the vehicle/vessel shall be given to the
vehiclle/vessel owner or authorized driver/agent at the time of payment, whether requested or
not.
(9) Persons providing non-consensual tow services pursuant to this division shall release
vehicles/vessels towed or removed to the vehicle/vessel owner or authorized driver/agent [who]
provides proof of ownership documents. Proof of ownership documents shall include:
(1) Current vehicle registration;
(2) Vehicle title;
(3) An authorized driver/agent with a notarized release from the vehicle/vessel owner or lien
holder. Vehicle/vessel owners have the right to identify/approve designated agents to
claim vehicles on their behalf. A facsimile or electronic transfer of a notarized release
statement from the vehicle/vessel owner shall be accepted;
(4) Insurance card with the vehicle/vessel owner's information and vehicle description;
(5) Licensed dealer in possession of an auction buyer's sales invoice; and/or
(6) A notarized bill of sale for nontitled vehicles or vessels.
(h) Persons providing non-consensual tow services pursuant to this division shall make a "good
faith effort" to locate the vehicle/vessel owner or lien holder. For the purposes of this
paragraph and subsection, a "good faith effort" means that the required steps have been
performed by the tow truck company according to F.S. § 713.78(4)(d). Failure to make a "good
faith effort" to comply with the notification requirements of this section shall preclude the
imposition of any storage charges against such vehicle or vessel.
(i) Persons providing non-consensual tow services pursuant to this division and found to be in
violation of this division relating to a specific noin-consent tow shall be required to immediately
reimburse the vehicle/vessel owner all illegal or over charges related to that towing incident.
Failure to reimburse the owner of the vehicle/vessel in such cases is a violation of this division.
U) It shall be a violation of this division for any person providing non-consensual tow services to
fail to respond in writing within ten business days to any written inquiry or request for
information from the division or any law enforcement agency.
Sec. 7 - Non-consent towing it prior, express instruction of real property e
or duly authorized agent and/or law enforcement a enc .
In addition to the other requirements of this division, no person shall engage in non-
consensual towing services or provide storage in connection therewith without the prior express
instruction of the vehicle/vessel owner or authorized driver, except in accordance with the following:
(a) Persons providing non-consensual tow services in accordance with applicable
provisions of the Code of Ordinances of the City of Key West, may for compensation
recover, tow or remove a vehicle/vessel based upon a police-directed tow without the
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prior express instruction of the vehicle/vessel owner.
(b) Persons may provide non-consensual tow services without the authorization of the
vehicle/vessel owner upon the prior express instruction of the real property owner or his
duly authorized agent on whose property the vehicle/vessel is disabled, abandoned or
parked without authorization or whose vehicle/vessel owner or authorized agent is
unwilling or unable to remove the vehicle/vessel, provided that the requirements of this
division are satisfied. The non-consent tow truck company recovering, towing or
removing a vehicle/vessel shall, within 30 minutes of completion of such towing or
removal, notify the appropriate law enforcement agency in which jurisdiction the
vehicle/vessel was parked of the nature of the service rendered, the name and address
of the storage facility where the vehicle/vessel will be stored, the time the vehicle was
secured to the towing vehicle, and the make, model, color and vehicle/vessel license
plate number (if any). The person providing non-consensual tow services shall obtain
the name of the person at the law enforcement agency to whom such information was
reported and,note that name on the trip record.
(c) No person providing non-consensual tow services shall pay or rebate money, or solicit
or offer the rebate of money, or other valuable consideration in order to obtain the
privilege of rendering towing services.
(d) Each person providing non-consensual tow services shall enter into a, written contract
with every owner or duly authorized agent of private property that authorizes non-
consensual tow services on or from its property. This written contract shall include the
beginning date of said contract, the names of all persons who can authorize prior
express instruction to the tow truck company to remove, recover or tow any
vehicle/vessel on or from its property. The written contract shall include the name and
current telephone number of the tow truck company performing the towing service, and
the name, address and telephone number for any duly authorized agents acting on
behalf of the real property owner. The written contract for non-consent towing shall also
include a clear understanding of liability for the real property owner as stated in F.S. §
715.07, which statute shall be included as an exhibit to the contract. No such contract
shall state that the person providing non-consensual tow services assumes the liability
for improperly towed vehicles/vessels, contrary to F.S. § 715.07(4). The person
providing non-consensual tow services must keep on file each contract and addendum
(if applicable) with the property owner. Such contract shall be maintained for at least 12
months after termination. The Division and law enforcement officers may inspect and
request a copy of any and all such contracts from the person providing non-consensual
tow services during normal business hours. The person providing non-consensual tow
services may not withhold production of the contract upon demand by the Division or law
enforcement. Failure to enter into or keep on file a contract with the property owner
shall be a violation of this division. All contracts which were entered into prior to the
effective date of this division, shall accomplish, the requirements of this subsection by
entering into an addendum to the current contract within three months following the
enactment of this division.
(e) Real property owners or authorized representatives shall not request the recovery, tow
or the removal of vehicles/vessels that are reasonably identifiable from markings or
equipment as law enforcement, firefighting, rescue squad, ambulance, or other
emergency vehicles/vessels which are marked as such.
M Any person who improperly causes a vehicle/vessel to be recovered, towed, removed or
stored shall be liable to the vehicle owner or authorized representative for the costs of
the services provided, any damages resulting from the recovery, towing, removal or
storage and attorney's fees and court costs in accordance with Florida Statutes.
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Sec. 70-710. far fforceiiment and penalties for violations.
(a) All law enforcement officials are hereby authorized to assist in the enforcement of this division
to the extent that it is within their respective jurisdictions to do so.
(b) It shall be unlawful for any person or entity to violate or fail to comply with any provision of this
division. Any such violation shall be punishable in accordance with section 1-15 of the Code of
Ordinances for the City of Key West, including a fine of not more than $500.00 or a term of
imprisonment not to exceed 60 days or both a fine and term of imprisonment. Each day that
any of the towing or storage rates provisions of this division are violated shall constitute a
separate offense hereunder.
(c) The penalties described in subsection (b) of this section shall be in addition to the abatement
of the violating condition, any other equitable relief, or revocation of any permit or license by
any governmental entity. Should any person violate or fail to comply with any provision of this
division, the office of the city attorney may make application to the circuit court for the
Sixteenth Judicial Circuit of Florida for an order to enjoin such violation or failure of
compliance.
(d) In addition to the penalties described above, any owner who is found to have violated this
division on two or more occasions shall be subject to the suspension or revocation of its non-
consensual tow permit. Within ten days of a finding that an owner has violated two or more
provisions of this division the city manager shall schedule a hearing with the violator. The city
manager shall hear testimony and/or evidence of the nature of the violations and any
circumstances associated therewith. After such hearing the city manager may suspend or
revoke the violator's non-consensual tow permit for a period of up to one year based upon the
gravity and frequency of the violations. The violator may appeal the city manager's decision to
the city commission by filing written notice with the city clerk within three days of the city
manager's written determination. The city commission shall set the matter for hearing with
appropriate public notice for the next regularly scheduled commission meeting. By majority
vote, the commission may affirm, reverse or modify the decision of the city manager based
upon the factors considered by the city manager and those brought before the commission at
hearing.
Secs. 70-711-70-800. IIC eserved.
https:/Aibrarymunicode.cotyVprint.asp)(?h--&clientlD=10053&HTMRequest--https%3a%2P/�2flibrarymunicode.corTI%2fshowDocuffient.asp)0/o3fclientlD%3dlO... 23/23
CITY OF KEY WEST
Pending/recent Amendment(s):
• No pending amendments specific to Chapter 70,Article XI. Wreckers and Towing Service.
There are proposed amendments to Chapter 70. Traffic and Vehicles,Article IV Parking, Stopping and
Standing that are currently pending a Second Reading at the 7/1/2014 City Commission meeting:
• Adding Division 7. to create and regulate an Employee Parking Lot Permit Program
• Amending Division 5. Residential Parking Permit Program to amend permit eligibility and
registration procedures
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EXECUTIVE SUMMARY
ji
TO: Bogdon Vitas, City Manager
FROM: John Wilkins, Parking Manager
DATE: June 20, 2014
SUBJECT: Residential Parking Program Amendments
Action statement:
Request the Key West City Commission approve changes to the current City Ordinance
related to Residential Parking Permit Program and direct Staff to coordinate with
Monroe County Tax Collector for implementation of permit decal issuance.
Background:
The City currently has a Residential Parking Permit Program per Section 70-246 of the
City Code of Ordinances. It allows vehicles with a License tag that says "Monroe" or a
Residential Parking (Permit decal to park in spaces marked Residential Permit Parking.
Currently, anyone living in Monroe County with a Monroe registered) vehicle is eligible to
park in these spaces.
The demand for these spaces has grown to exceed capacity. The City receives
frequent calls from residents of this area concerning the lack of available parking near
their homes. There are approximately 3,600 parking spaces in the Residential Parking
Permit area and an estimated 1,300 spaces are marked for Residential Permit Parking.
The Monroe County Tax Collector has informed City Staff that in December 2013 the
State made the decision to discontinue County Tags. All basic state tags will be
"Sunshine State" tags as a cost saving measure in the near future. This will force a
change in the current program as there will no longer be "Monroe" License tags.
Additionally, since 2010 Florida DMV has required strict proof of residency for Driver's
License issuance or renewal. Verified residency is indicated by a golden star next to
the name on a Florida Driver's License.
Recommendation:
Change current ordinance by removing references of"Monroe"Tag and restrict
eligibility to Key West residents, property owners and military personnel stationed in the
area. This should reduce demand for these spaces and thereby provide relief to the
Residents. Staff has worked with Monroe County Tax Collectors' Office regarding the
issuance of permits and they have indicated a willingness to issue annual permit decals.
t
Residency and Vehicle Registration can be verified through their system thereby
providing more of a one-stop shop for local residents. An interlocal agreement has been
drafted and the Tax Collector has reviewed and indicated she will sign it upon
Ordinance passage.
Additionally, Commissioner Wardlow at the June 17th Commission Meeting requested
eligibility to be expanded to include vehicles registered to business with Key West Tax
Receipts (AKA Business Licenses). This will allow business vehicles that service
residences in the area to obtain permit decals and park in marked residential spaces.
This change will be voted on at the second hearing.
My suggested wording is as follows:
70-249.Additional eligibility.
(3) Vehicles registered to a business that holds a Business Tax Receipt with the City of Key West.
Financial Impact:
Proposed Permit fees will be set at$10.00 per year but can be changed as necessary
by Commission Resolution. The intent is a fee that covers only the costs of issuing
permit decals and therefor there is neither prorating nor refund of fees collected.
The financial impact is expected to be neutral or slightly positive based on program
participation.
2
..........
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF KEY WEST,
FLORIDA, AMENDING CHAPTER 70 OF THE CODE OF
ORDINANCES ENTITLED "TRAFFIC AND VEHICLES"
BY AMENDING ARTICLE IV - PARKING STOPPING
AND STANDING, DIVISION 5, RESIDENTIAL
PARKING PERMIT PROGRAM, TO AMEND PERMIT
ELIGIBILITY AND REGISTRATION PROCEDURES; BY
AMENDING SECTION 70-248, TO ESTABLISH
ELIGIBILITY; AMENDING SECTION 70-249
REGARDING ELIGIBILITY FOR MILITARY AND
SEASONAL RESIDENTS AND AMENDING THE
REGISTRATION FEE; AMENDING SECTION 70-251
REGARDING APPEALS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF
INCONSISTENT PROVISIONS; PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, an amendment to the Residential Parking Permit
ordinance will promote the health, safety and welfare of the
citizens and visitors of the City of Key West.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF KEY WEST,
FLORIDA:
Section 1 : That Section 70-248 of the Code of
Ordinances is hereby amended as follows* :
Sec. 70-248. Eligibility.
All vehieles bearing a eeenty 11eense tag shall be eligible
* (Coding: Added language is underlined; deleted language is
str-eek threiagh. )
Page 1 of 5
ef vehicles with eeunty 44eense tags whe rreside wj:tzhin the
pafklng peffRit aEea shall fegistef their vehieles With the
eity' s ileensing e14:vislen feE spaee alleeatien puEpeses . Th-e
Elisplay ef a eeunty lieense tag en the vehiele shall eenstitute
the perFalt te allew the vehiele #e be paEieed in the pafleifig
pefmlt afea. There shall be ne fee te register a v hiele wi:
the eity. An ewner- may register all vehieles eiffied by hi m. if an
ewner sells ef ether-wise ti-ansferrs a vehlele r-egistered with the
elty, he shall netify the lieenslnEj ellvis-' —.
All vehicles registered to residents of the City of Key
West and Key West real estate property owners shall be eligible
to participate in the Residential Parking Program. Annual
Residential Permit decals are issued with driver' s license,
vehicle registration and residency verification.
Section 2 : That Section 70-249 of the Code of
Ordinances is hereby amended as follows :
Sec. 70-249. Additional eligibility.
(a) In addition to the persons in section 70-248, the
following persons shall also be eligible to park vehicles
in the residential parking permit area:
Page 2 of 5
.......... ..........................
(1) Geunty residents whese vehleles bea a s1seeiaa-try
lieense tag ef the state;
+2+ Military personnel stationed in Key West Area;
and
(-32) Seasonal residents, persons who reside en pEeper-t-y
in the parking permit—tea in the City of Key West on a
seasonal basis of four (4) months or longer, and whose
vehicles are registered outside of the county.
(b) All persons whose eligibility is determined under this
section shall register their vehicles for this permit with
the eit=y' s lieensing divisien Monroe County Tax Collector
and execute a sworn affidavit of eligibility. There shall
be a registration fee of $8 . 09 sufficient to cover the cost
of issuing the Residential Parking Permit decal for each
vehicle of an owner eligible under this section. The
annual fee, as of the effective date of this ordinance,
shall be $10 . 00 . The Rate may be adjusted as necessary by
Resolution of the City Commission. Each such vehicle shall
display a decal in the manner prescribed by the city.
Section 3 : That Section 70-251 of the Code of
Ordinances is hereby amended as follows:
Sec. 70-251. Appeal of decisions.
Page 3 of 5
.................
An owner of a vehicle may appeal an eligibility decision e-f-
the lieensing divislen fRade pur-suant te this divistien in writing
to the city manager. Upon notice, the city manager shall
provide a hearing to the vehicle owner within 30 days from the
date of the appeal.
Section 4 : If any section, provision, clause, phrase,
or application of this ordinance is held invalid or
unconstitutional for any reason by any court of competent
jurisdiction, the remaining provisions of this Ordinance shall
be deemed severable therefrom and shall be construed as
reasonable and necessary to achieve the lawful purposes of this
Ordinance.
Section 5: All Ordinances or parts of Ordinances of
said City in conflict with the provisions of this Ordinance are
hereby superseded to the extent of such conflict.
Section 6: This Ordinance shall go into effect immediately
upon its passage and adoption and authentication by the
signature of the presiding officer and the Clerk of the
Commission.
Page 4 of 5
Read and passed on first reading at a regular meeting held
this day of 1 2014 .
Read and passed on final reading at a regular meeting held
this day of 2014 .
Authenticated by the presiding officer and Clerk of the
Commission on day of 2014 .
Filed with the Clerk 2014 .
Mayor Craig Cates
Vice Mayor Mark Rossi
Commissioner Teri Johnston
Commissioner Clayton Lopez
Commissioner Billy Wardlow
Commissioner Jimmy Weekley
Commissioner Tony Yaniz
CRAIG CATES, MAYOR
ATTEST:
CHERYL SMITH, CITY CLERK
Page 5 of 5
p0l�c� 1
EXECUTIVE SUMMARY � fTErjrj
TO: Bogdan Vitas, City Manager
FROM: John Wilkins, Parking Manager
r �S
DATE: April 25, 2014
SUBJECT: Employee Parking Lot Permit Ordinance
Action statement:
Request the Key West City Commission approve a new City Ordinance creating the
Employee Parking Lot Permit (i.e. reduced rate employee assistance parking permit)
in the Historic District.
Background:
Currently, Employees in the Historic District have several parking options. Those that
qualify are able to purchase the Employee Assistance Parking Permit described in
Section 70-253 of the Code of Ordinances at $400.00 for 4 month. Additionally, they
may qualify for the Residential Parking Permit described in Section 70-246 of the Code
of Ordinances - but demand for these spaces exceeds supply. Also some employers
have entered into contracts with the City for parking spaces that are utilized by their
staff.
Since the cost impact to lower wage employees combined with the difficulty in finding
vacant residential spaces has generated an expressed desire for a lower cost permit
that would offer a more certain parking opportunity to employees in the Historic District;
And also as the Key West Bight Historic Seaport area is experiencing growth with a new
restaurant, hotel, and expanded retail space, all generating more demand for parking for
customers and an increased number of employees;
We have identified the Old Town Parking Garage as having excess parking capacity.
The following recommendation is to create a lower cost permit for employees of the
Historic District where excess parking exists to providing a more certain parking
opportunity.
Recommendation:
Create an Employee Parking Lot Parking permit that allows Employees in the Historic
District to park for$25.00 per month at the Old Town Garage (Park N Ride)and any
future lot that may have excess capacity.
t
Attached is a proposed Ordinance describing this permit program. In summary,
employees who work in the historic district may purchase an Employee Parking Lot
Permit to park in certain Parking lots during their scheduled working hours for$25.00
per month. They may purchase up to 6 months at a time but fee is non-refundable. The
City Manager may suspend the permit when the Lots are needed for festival events or
emergencies such as Hurricanes.
Financial Impact:
The Financial impact to the City of Key West is difficult to determine. Certainly
additional permit fees will be collected but the amount depends on participation.
However, the spaces occupied are typically not currently generating revenue as these
lots have excess capacity and are underutilized.
Of course, during certain times of the year, the permit holders would displace parking
customers who would pay regular higher parking rates.
As a whole, this program should have a positive financial impact.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF KEY WEST,
FLORIDA, AMENDING CHAPTER 70 OF THE CODE OF
ORDINANCES ENTITLED "TRAFFIC AND VEHICLES,"
ARTICLE IV. - PARKING, STOPPING AND
STANDING, BY ADDING DIVISION 7, SECTIONS 70-
260 THROUGH 70-264 TO CREATE AND REGULATE AN
EMPLOYEE PARKING LOT PERMIT; BY ADDING
SECTION 70-260, DEFINITIONS, SECTION 70-261,
DESCRIPTIONS, PROOF OF ELIGIBILITY,
APPLICATION AND DISPLAY OF DECAL; ADDING
SECTION 70-262, PROGRAM COSTS, RECLAMATION;
ADDING SECTION 70-263, REGARDING
PROHIBITIONS; AND ADDING SECTION 70-264,
PENALTIES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF INCONSISTENT
PROVISIONS; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City of Key West finds that parking in the
Historic District is a hardship for many employees of businesses
in the area; and
WHEREAS, the City Commission finds that offering an
"Employee Parking Lot Permit" for specific City-owned parking
lots with excess capacity, will promote the welfare of the
working citizens of the City of Key West.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF KEY WEST,
FLORIDA:
Page 1 of 7
Section 1 : That sections 70-260 through and including
section 70-264, are hereby added to Chapter 70 of the Key West
Code of Ordinances as follows* :
Chapter 70 - TRAFFIC AND VEHICLES
ARTICLE IV. - PARKING, STOPPING AND STANDING
DIVISION 7 . EMPLOYEE PARKING LOT PERMIT IN HISTORIC DISTRICT
Sec. 70-260. Definitions .
The following words, terms and phrases, when used in this
article, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different
meaning:
(a) Commercial purpose. Any use of a vehicle, the primary
purpose of which is to further any business purpose by way of
markings, advertisements, or actual use in delivery of goods or
services .
(b) Historic District means the Historic Preservation
Districts of the City of Key West as identified in sections 122-
566 through 122-1005 of the Code of Ordinances of the City of
Key West, Florida.
* (Coding: Added language is underlined; deleted language
is stridele thfeidgh.
Page 2 of 7
..........
(c) Vehicle means every device in, upon, or by which any
person or property is or may be transported or drawn upon a
highway, excepting devices used exclusively upon stationary
rails or tracks or otherwise defined in Florida Statutes.
Sec. 70-261. Description; Proof of eligibility and application;
display of permit;
The Employee Parking Lot Permit allows employees of
businesses in the Historic District to park during their
scheduled work hours in designated municipal lot (s) determined
to have excess parking capacity. The City Manager is authorized
to designate lot (s) for this permit program. Currently the Old
Town Garage (Park and Ride) lot is designated.
In order to be eligible to receive an employee parking lot
permit, all applicants must be employed in the Historic District
and present the following to the Revenue Office of the City of
Key West when making application:
(a) A valid drivers ' license.
(b) An original pay stub from a licensed business in the
Historic District not more than 30 days old.
(c) A valid vehicle registration in the name of the
applicant, family member, or corporation to which the applicant
is a principal.
Page 3 of 7
The permit shall be displayed on the vehicle when parked in
the lot in the manner directed by the City.
Possession of an Employee Parking Lot Permit is not
intended to guarantee a parking space. Parking spaces in the
designated lots are available on a first come basis until the
lot is full.
Sec. 70-262. Program costs; reclamation; suspension.
The amount of the monthly permit fee, as of the effective
date of this ordinance, shall be $25 .00. Rates may be adjusted
as necessary by Resolution of the City Commission. Up to six
(6) months may be purchased at one time, however fees are
nonrefundable. All employee parking lot permits are considered
property of the City of Key West. Permits are not transferable
except to another vehicle owned by the applicant, in which case
the original permit is surrendered to the Revenue Department and
a new permit issued.
The City Manager may suspend permits or restrict parking in
areas of the lot (s) during emergencies or events, including but
not limited to tropical storms, hurricanes, or festival events,
when these lots may be needed for preparation or recovery.
Sec. 70-263. Prohibitions.
-(a) It shall be unlawful for any person to fraudulently
represent that he or she is entitled to an employee parking lot
Page 4 of 7
...........
permit, or to display such a permit at any time when he or she
is not so entitled.
(b) It shall be unlawful for any permit to be used on any
vehicle for the use of promoting a commercial purpose including,
but not limited to deliveries and advertising.
(c) It shall be unlawful for any vehicle to be parked with
the employee lot permit except during the employee' s scheduled
work hours. The City reserves the right to require proof of
employee' s work schedule upon request. This permit is not
intended to allow vehicles to be stored at the lot.
Sec. 70-264. Penalties.
(a) Violations of any of the provisions under this division
shall be punishable by a fine of $250.00 if paid via citation to
the parking collections division of the City of Key West within
30 days .
-(b) Citations that have not been paid within 30 days as
well as violations filed by way of a notice of code violation as
a repeat offender shall be punishable under section 1-15 of the
Key West Code of Ordinances.
Section 2 : If any section, provision, clause, phrase,
or application of this Ordinance is held invalid or
unconstitutional for any reason by any court of competent
Page 5 of 7
Jurisdiction, the remaining provisions of this Ordinance shall
be deemed severable therefrom and shall be construed as
reasonable and necessary to achieve the lawful purposes of this
Ordinance.
Section 3: All Ordinances or parts of Ordinances of
said City in conflict with the provisions of this Ordinance are
hereby superseded to the extent of such conflict.
Section 4 : This Ordinance shall go into effect immediately
upon its passage and adoption and authentication by the
signature of the presiding officer and the Clerk of the
Commission.
Read and passed on first reading at a regular meeting held
this day of , 2014 .
Read and passed on final reading at a regular meeting held
this day of 2014 .
Page 6 of 7
Authenticated by the presiding officer and Clerk of the
Commission on day of 2014 .
Filed with the Clerk 2014 .
Mayor Craig Cates
Vice Mayor Mark Rossi
Commissioner Teri Johnston
Commissioner Clayton Lopez
Commissioner Billy Wardlow
Commissioner Jimmy Weekley
Commissioner Tony Yaniz
CRAIG CATES, MAYOR
ATTEST:
CHERYL SMITH, CITY CLERK
Page 7 of 7
Key West, Florida, Code of Ordinances>> SUBPART A -GENERAL ORDINANCES » Chapter 7 -TRAFFIC
AND VEHICLES » ARTICLE IV, PARKING, STOPPING AND STANDING >>
ARTICLE IV.PARKING,STOPPING AND STANDING
DIVISION 1.-GENERALLY
DIVISION 2.-METERED PARKING
DIVISION 3.-PARKING LOT RATES
DIVISION 4.-DOWNTOWN BUSINESS DISTRICT PARKING PERMIT PROGRAM FOR RESIDENTS
DIVISION 5.-RESIDENTIAL PARKING PERMIT PROGRAM
DIVISION 6.-EMPLOYEE ASSISTANCE PARKING PERMIT PROGRAM IN HISTORIC DISTRICT
FOOTNOTE(S):
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Key West, Florida, Cade of Ordinances>> SUBPART -GENERAL ORDINANCES >> Chapter 7 -TRAFFIC
D VEHICLES » ARTICLE IV. - PARKING, STOPPING AND STANDING >> DIVISION 1. GENERALLY >>
DIVISION 1. GENERALLY
Sec.70-116. Prohibited parking,
Sec.70-117.Authority of pdice to move vehicles parked in violation.
Sec.70-118. Special parking areas,
Sec.70.119, Parking in undesignated area.
Sec.70-120. Loading zones.
Sec,70-121, Penalty for violation.
Sec.70-122.Violation of handicapped parking spaces.
Sec.70-123, Failure to appear and payfine within prescribed time.
Sec.70-124.Procedure for forwarding information to state,
Sec.70-125.Procedure for immobilization of vehicles.
Sec.70-126,Owner presumed to be violator.
Sec.70-127,Surcharge:school crossing Guard program.
Sec.70-128,Abandoned vehicles and vessels.
Sec.70-129.Storage fee.
Sec.70-130. No lod in in vehicles,
Secs.70-131-70-155. Reserved.
Sec. -11 . F'rohibited 1parki
(a) No person shall park a vehicle upon any city street, alley or other public place for the purpose
of:
(1) Displaying a vehicle for sale.
(2) Greasing or repairing such vehicle, except repairs necessitated by an emergency.
(3)
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Displaying advertising.
(4) Selling merchandise from such vehicle, except in a duly established marketplace, or
when so authorized or licensed under this Code or other city ordinances.
(5) Storage on the public right-of-way or in a public place for more than 72 hours. A stored
vehicle shall not mean an abandoned vehicle or vessel, the latter of which may be
removed according to law without regard to the length of time it abides on a street or
alley. A vessel shall not be stored on the right-of-way or in a public place for any length
of time, and its owner is subject immediately to the storage fee of section 70-129.
(6) Double parking, double standing or double stopping, except to unload passengers or
merchandise in designated loading areas.
(7) Parking against traffic.
(8) Storing or disposing of refuse, rubbish, garbage, yard waste, or any type of waste or
recyclable materials, as, defined in chapter 58, within such vehicle or trailer unless the
person or business involved is permitted to do so under section 58-34(a) of the City of
Key West Code of Ordinances to haul such waste and unless such vehicle is being
actively loaded for immediate hauling.
(b) No person shall stop, stand, or park a vehicle upon any city street or alley, except in
compliance with law or the directions of a police officer or official traffic control device,
(1) On a sidewalk.
(2) Within an intersection.
(3) On a crosswalk.
(4) Between a safety zone and the adjacent curb or within 30 feet of points on the curb
immediately opposite the ends of the safety zone, unless a different length is indicated
by signs or markings.
(5) Alongside or opposite any street excavation or obstruction when stopping, standing, or
parking would obstruct traffic.
(6) Upon any bridge.
(7) On a bicycle path.
(8) At any place where official traffic control devices prohibit parking.
(c) No person shall stand or park a vehicle upon any city street or alley, whether occupied or not,
except momentarily to pick up or discharge passengers:
(1) In front of a public or private driveway.
(2) Within five feet of any entranceway, alleyway, public or private driveway, or designated
loading area or zone.
(3) Within 15 feet of a fire hydrant.
(4) Within 20 feet of a crosswalk at an intersection; provided, however, that this subsection
shall not apply to bike racks placed or allowed by the city within the 20-foot area.
(5) Within 30 feet of,, and upon the approach to, any flashing signals, stop sign, or traffic
control signal located at the side of the roadway.
(6) Within 20 feet of the driveway entrance to any fire station and on the side of a street
opposite the entrance to any fire station within 75 feet of such entrance, when the
property is so posted.
(7) On an exclusive bicycle lane.
(8) At any place where official traffic control devices prohibit standing or adjacent to any
curbing painted yellow or red.
(9) in any parking space designated for disabled or handicapped use only, without an
approved handicap permit.
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(d) No commercially registered vehicle carrying or designed to carry passengers shall stop in any
street, lane, or alley or loading zone when picking up or discharging passengers, unless duly
licensed as a vehicle for hire pursuant to chapter 78 by the city, operating as a city franchisee
pursuant to ordinance, or authorized by the city port and transit authority.
Sec. 70-117. Authority of police to move vehicles parked in violation.
Whenever any police officer finds a vehicle standing upon a street or alley in violation of any of
the sections of this Code or other applicable traffic laws or ordinances, such officer is authorized to
move or cause to be moved such vehicle or to require the driver or person in charge of the vehicle to
move the vehicle to a lawful parking position.
Sec. 70-118. Special parking areas.
(a) The city manager is authorized to determine and designate special parking areas for the
physically handicapped, tour buses, trolleys, taxicabs and other motor vehicles requiring
special areas. The special area shall be identified by the appropriate street parking sign and
may include special enforcement limitations regarding size, weight, or time duration.
(b) No person shall park any vehicle in any such special parking area unless the vehicle or driver
meets the requirements of such street parking sign.
(c) The city manager is authorized to determine and designate restricted parking spaces where no
person may park a vehicle for longer than 12 hours in any 24-hour period without vacating the
space for a minimum of six hours prior to reparking in that space.
Sec. 70-119. Parking in uridesignated area.
It shall be unlawful for any bicycle, tractor-trailer, trailer or other type of motor vehicle to be
standing or parked, whether occupied or not, in any area of a public street within the city that is not
designated to accommodate parking. Angle parking in any parking area not specifically marked for
angle parking shall constitute a violation of this section.
Sec. 70-120. Loadfing zones.
(a) The city manager is authorized to designate loading zones on public streets within the city. The
loading zones shall be classified and restricted as follows:
(1) Commercial loading zones: restricted zone (1 5-minute parking) from 6:00 a.m. to 6:00
p.m. Monday through Saturday.
(2) Taxicab loading zone: 24 hours daily.
(3) Tour bus, trolley and tour train: Restricted zone from 8:00 a.m. to 5:00 p.m. daily.
(4) Hospitals and clinics: 24 hours daily.
(5) Motels, hotels, guesthouses, theaters and restaurants: restricted to 30-minute parking.
(b) All loading zones shall be clearly identified by an appropriate official sign erected facing the
direction of oncoming traffic, and the curb shall be painted with the authorized yellow paint.
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The painted curb designates the boundaries of the loading zone.
(c) All loading areas designated by the appropriate sign and curb marking shall not be considered
a loading zone if the establishment for which the loading zone has been designated is closed
and will not be open for a period in excess of 24 hours or during legal holidays.
Sec. 70421. Perialty for violation.
(a) Any person cited for violation of the parking, stopping and standing regulations set forth in this
chapter who submits payment within ten days of the issuance of the citation shall be fined as
follows:
(1) For violation of section 70-116, but not subsection 70-116(c)(3), 70-116(a)(3) or 70-
116(a)(8) and sections 70-119, 70-156 and 70-159, $20.00.
(2) For violation of section 70-118, other than unauthorized parking in handicapped parking
spaces punishable as provided in section 70-122, and division 5 of this article, $30.00.
(3) For violation of section 70-158, 70-116(a)(3) or 70-116(a)(8), $100.00.
(4) For violation of section 70-116(c)(3) and division 2 of article IX of this chapter, $50.00.
(b) The penalty for violation and failure to pay the penalty as provided in subsections (a)(1), (2),
(3), and (4) of this section within ten days shall be a referral to the Code Compliance Special
Magistrate for a hearing and possible additional penalties in accordance with F.S. ch. 162.
(c) The city commission may impose a surcharge on the fines set forth in this section in order to
fund the school crossing guard program, in accordance with section 70-127.
Sec. 0- 22. Violation of handicapped parldrig spaces.
The penalty for violation of F.S. § 316.1955 or 316-1956 shall be a fine of$250.00. A
surcharge may be added in accordance with section 70-127. All fines collected pursuant to this
section shall be deposited in a special account to be known as the handicapped parking fine account
to be used in the following manner:
(1) One-third shall be used to defray expenses for the administration of this section.
(2) Two-thirds shall be used to provide funds to improve accessibility and equal opportunity
to qualified physically disabled persons in the county or city and to provide funds to
conduct publ�ic awareness programs in the county or city concerning persons who have
disabilities.
Sec. 0- 23. llf°:°aiiilluure to appear and pay fine within preacirli ed time.
(a) If the person accused of a violation as enumerated in section 70-121(a) does not appear to
answer a citation affixed to his motor vehicle within a period of ten days, the chief of police
shall send the owner of the motor vehicle to which the citation was affixed a letter informing him
of the violation, requesting payment and warning him that if such request is not complied with
within a period of 20 days after the date of such notice, a warrant of arrest may be issued. If
any person fails to comply with the notice of violation attached to such motor vehicle and fails
to make payment within the time prescribed in'the letter to the owner, the chief of police is
empowered to secure and have served a warrant for his arrest.
(b) When a person cited for violation of the parking, stopping, and standing regulations cited in
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subsection (a) of this section fails to submit payment within ten days of the issuance of a
citation, a first reminder notice shall be mailed to the person, and an administrative fee of
$5.00, in addition to the penalties set forth in this section, shall be assessed. When such
payment is not submitted within 20 days from the mailing of the first reminder notice, a second
reminder notice shall be mailed to the person cited, and an additional administrative fee of
$5.00, in addition to all other penalties and fees, shall be assessed.
Sec. 70 124. Procedure for forwarding information to state.
Pursuant to F.S. § 31�6.1967, the city traffic violations bureau shall supply the state department
of highway safety and motor vehicles with a magnetically encoded computer tape reel or cartridge
which is machine readable by the installed computer system at the department, listing persons who
have three or more outstanding parking violations.
Sec. 70-125. Pirocedure for irnmolAlizatioti of vehicles.
(a) In addition to the enforcement mechanism provided for in section 70-124, where a person has
the number of outstanding parking violations specified in F.S. § 316.1967, the city manager
shall issue directions to all law enforcement officers and parking enforcement specialists
directing immobilization of any motor vehicle registered to the person cited for parking
violations. The directions shall specify the registration or tag number of the vehicle, the make
or trade name of the vehicle, and, if known, the serial number of the vehicle.
(b) Any law enforcement officer or parking enforcement specialist who comes into contact with an
unoccupied motor vehicle parked on any street or highway, as such terms are defined in F.S. §
316.003(27) and (53), for Mich vehicle he reasonably believes there to be an outstanding
immobilization order, may immobilize the vehicle in a manner prescribed in subsection (c) of
this section.
(c) Immobilization of vehicles pursuant to subsection (b) of this section shall be accomplished by
means of a Denver boot or other nondestructive device which prevents the vehicle from
moving under its own power. The police officer or parking enforcement specialist who causes
the motor vehicle to be immobilized shall attach a notice to the motor vehicle advising the
owner of the information necessary to enable the owner to have the immobilization device
removed or to request a hearing. The notice shall be signed by the police officer or parking
enforcement specialist and indicate his badge number. For a period of 48 hours from the
immobilization, the owner of the vehicle shall not be liable for failure to comply with section 70-
119.
(d) A prompt and adequate postimmobilization hearing will be provided upon request to the owner
of an immobilized motor vehicle by the city manager enabling the owner to contest the
immobilization. In the course of this hearing, the burden will be on the city to prove the parking
violations and the legality of the immobilization.
(e) A motor vehicle which has been immobilized shall be released by the police department within
24 hours of the owner's compliance with the terms of the immobilization order and presentation
of proof of such compliance to the agency which immobilized the vehicle.
(f) If a vehicle is immobilized pursuant to this section and if within 24 hours thereafter the owner
neither pays the appropriate fine nor requests a hearing and pays a deposit sufficient to cover
such fine plus administrative charges, the vehicle may be removed from its location and
impounded by the police department.
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Sec. 70-126. Owner Freed to be violator.
In the prosecution or enforcement of any ordinance or section of this Code governing the
stopping, standing, parking or operation of a vehicle, proof that the particular vehicle described was
parked or operated in violation of any such ordinance or regulation, together with proof that the
person named was at the time of such parking or operation the registered owner of such vehicle,
shall constitute a rebuttable presumption that the registered owner of such vehicle was the person
who stopped, parked, or operated such vehicle at the point where and for the time during which such
violation occurred.
Sec. 70-127. Surcharge; schoolll crossing guard program.
In order to fund the school crossing guard program in Key West, the city may impose a
surcharge on parking fines. The city commission shall establish by resolution the violations subject to
surcharge and the amount of the surcharge. All surcharge funds shall be placed in a school crossing
guard trust fund.
Sec. 70-428. Abandoned vehicles and vessels.
(a) Definitions (supplemental to the definitions of section 70-1).
i. "Abandoned vehicle or vessel"shall mean any automobile, bus, truck, truck trailer,
vessel trailer, moped, scooter, motorcycle, electric vehicle, golf cart, trailer, camper,
recreational vehicle, motor home, travel trailer, or any type of watercraft, whether
motorized or not and whether habitable or not, that has been determined to be
abandoned property, as defined in F.S. § 705.101, pursuant to the procedures of F.S.
ch. 705 (or a successor statute).
"Inoperable vehicle"shall mean a vehicle incapable of being immediately driven,
including, but not limited to, a vehicle that either does not have an engine or does not
have wheels or tires.
"Junked vehicle or vessel"shall mean a vehicle or vessel that is substantially
dismantled, including, but not limited to, a vehicle or vessel that has incurred substantial
damage.
(b) No owner or other person shall leave an abandoned vehicle or vessel on a right-of-way or in a
public place in Key West.
M The movement of an abandoned vehicle or vessel to another location within 100 feet shall not
alter its status as abandoned.
(d) When an enforcement officer observes an abandoned vehicle or vessel on the public right-of-
way or in a public place, he or she may cause its removal consistent with the provisions of F.S.
ch. 705 (or a successor law). An inoperable or junked vehicle or vessel, or a vehicle without a
current license tag, constitutes prima facie evidence of abandonment.
(e) A violation of this section shall be punishable in accordance with section 1-15 of the Code of
Ordinances. In addition or in the alternative thereto, the city may pursue all other lawful
remedies and charges against the owner of an abandoned vehicle or vessel.
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Seca 70-1 . Storagefee.
There is hereby established a storage fee of$25.00 per day. It shall be imposed upon an
owner of a vehicle or vessel stored on a city right-of-way, as described in section 70-116. The
storage fee shall also be imposed upon an owner of an abandoned vehicle or vessel, as defined in
section 70-128, in addition to any fine or penalty or any towing charge(s) imposed upon such owner.
Sec, 70-13 . No lodging iiiln velll-ilcles.
Except as provided for in sections 70-464 [and] 108-683, it shall be unlawful for any person to
lodge in, on or about any automobile, truck, trailer, camping or recreational vehicle or similar vehicle
in any public street, public park area, public way, right-of-way, parking lot or other public property
within the limits of the City of Key West.
Secs. 70-131 -165. Reserved.,
Key West, Florida, Code of Ordinances» SUBPART A -GENERAL ORDINANCES >> Chapter 70 -TRAFFIC
D VEHICLES » ARTICLE IV. - PARKING, STOPPING AND STANDING >> DIVISION 2. METERED PARKING
DIVISION 2.METERED PARKING
Sec.70-156.Areas or zones.
Sec.70-157.Maintenance and enforcement.
Sec.70-158.Tampering with,defacing or Uieft of meter or meter boxes.
Sec, 70-159.Manner of parking,
Secs.70-160-70-185. Reserved.
ec. " 0-1 6. Areas or zones.
(a) The city manager is authorized to establish metered parking areas within the city and to install
and maintain the meters upon any of the public streets or parts of public streets as necessary
to aid in the regulation and control of the parking of vehicles in the city.
(b) Where parking meters have been erected, no person shall stop, stand, or park a vehicle in any
metered parking area for a period of time longer than that designated by the meter upon the
deposit of a coin of United States currency as indicated on the meter, except for special
occasions as designated by the city manager.
(c) It shall be unlawful for any person to deposit or attempt to deposit in any parking meter
anything other than a lawful coin of the United States, or any coin that is bent, cut, torn,
battered or otherwise misshapen.
(d) All references to parking meters in this chapter shall also include and mean parking pay
stations.
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Sec. 70-157. Maintenance and enforcement.
(a) The city manager shall provide the necessary personnel within the city operating budget to
maintain the parking meter system of the city. Further, the personnel required to enforce the
parking meter sections of this division need not be certified law enforcement officers.
Personnel performing enforcement duties under this section shall be bonded by the city's
surety.
(b) The city manager shall provide for the collection of coins from each parking meter at least
twice during any 20-day period. Personnel assigned such collection duties shall have a police
officer available to provide protection and to assist in the enforcement of collections. All monies
collected shall be deposited the same day with the revenue division of the department of
finance.
Sec. 70-158. Tampering ith, defacing ortheft of metier or meter boxes.
(a) It shall be unlawful for any unauthorized person to remove, deface, tamper with, open, willfully
break, destroy or damage any parking meter in such a manner that the indicator will fail to
show the correct amount of unexpired time before a violation.
(b) No unauthorized person shall remove, deface, tamper with, open or willfully break, destroy, or
damage any parking meter.
(c) No person shall willfully manipulate any parking meter in such a manner that the indicator will
fail to show the correct amount of unexpired time before a violation.
(d) No person shall park any vehicle or permit any vehicle to remain parked in any parking meter
space for a period of time greater than the indicator provides for on the meter.
Sec. 70-159. Manner of paarll ing.
(a) Every vehicle shall be parked wholly within the metered parking space, with the front end of
such vehicle immediately opposite the parking meter for such space.
(b) All vehicles shall be parked at the prescribed angle to the curb or edge of the roadway as
indicated by signs or markings.
(c) When signs authorized by the city manager are erected giving notice thereof, no person shall
stop, stand or park a vehicle in the area designated by such a sign for longer than the time
provided by such sign.
(d) When signs authorized by the city manager are erected prohibiting parking in a place
designated by such sign, no person shall stop, stand, or park a vehicle in such designated
place.
Secs. 70-160-70-185. Resetved.
Key West, Florida, Code of Ordinances» SUBPART L ORDINANCES » Chapter 7 C
AND VEHICLES » ARTICLE I . -PARKING, STOPPING AND STANDING >> DIVISION 3. PARKING LOT
RATES >>
DIVISION 3.PARKING LOT RATES
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Sec.70-186. Mallow Square.
Sec.70-187,Old Town Garacie.
Secs.70-188-70-215. Reserved.
Sec. '70-1 . Mallory Square.
Parking rates at the city parking lot at Mallory Square are established as follows:
(1) Hourly parking, per hour .....$ 4.00
(2) Lost ticket fee .....40.00
(3) Maximum fee, per day .....32.00
The city manager is hereby authorized to increase parking fees to no more than $6.00 per hour, if he
so elects, between January 1, 2006, and December 31, 2008.
Sec. 70-1 OT. icy Towii Garage.
(a) Parking and shuttle rates at the city Old Town Garage are established as follows:
(1) There is a monthly permit charge of$99.75, plus sales tax, per month.
(2) For users of parking services, there is a charge of$2.00 per hour or a daily maximum
charge of$13.00 per day. Persons who park in the Old Town Garage may ride the
shuttle bus for free upon showing the bus driver and active parking stub. At the
discretion of the city manager, he or she may set special event hourly rates consistent
with a market value for parking services during special event periods.
(3) For users of shuttle services only, a shuttle charge shall be established by resolution of
the city commission.
(4) There is a lost ticket fee of$20.00 per day.
(b) For those service charges set forth in this section, the city manager may authorize discount
rates. The city manager shall establish a written policy for discount rates for firms,
organizations, groups and other persons who would provide multiple use of the park and ride
facility.
Secs. 70-188-70-215. Reserved.,
Key West, Florida, Code of Ordinances» SUBPART GENERAL ORDINANCES >> Chapter 7 -TRAFFIC
AND VEHICLES ICL.ES >> ARTICLE N PARKING, STOPPING AND STANDING >> DIVISION 4, DOWNTOWN
BUSINESS DISTRICT PARKING PERMIT'PROGRAM FOR RESIDENTS >>
DIVISION 4.DOWNTOWNBUSINESS DISTRICT PARKING PERMIT PROGRAM FOR RESIDENTS
Sec.70-216. Established.
Sec.70-217.Application.
Sec.70-218.Limitations renewal.
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Sep,70-2�9-Exernpbon.
Secs. 70-220-70-245.Reserved.
Sec. 70-216. Establistied.
A parking permit program is established for those residents of the downtown business district
who own vehicles, have no access to off-street parking, and have parking meters placed in front of
their residences.
Sec. 70-217. Applicatioiri.
(a) Any person eligible under section 70-216 may apply to the city code enforcement department
for an annual parking permit and shall provide the following:
(1) Driver's license showing residence address within the downtown business district.
(2) Proof of ownership of the vehicle.
(3) A utility bill or other documentation showing current residential use of the property.
(4) A permit fee of$85.00 per year.
(b) After providing the information required in subsection (a) of this section, the applicant shall
present the vehicle for application of a permit sticker by a code enforcement inspector.
Sec. 70-218. 111.1imitations; renewal.
Only one permit required under this division shall be issued per applicant. Permits shall be
valid for one year from the date of issuance. Permits shall be issued on a fiscal-year basis, and may
be prorated based on the date of issuance. A permit is renewable upon provision by the applicant of
the items required in section 70-217. Permit use shall be restricted to the block in which the residence
is located; both sides of the street may be used. No specific space within the block may be reserved
or appropriated by a permit holder.
Sec. 'M 219. Exemption.
Holders of permits issued pursuant to this division shall be exempt from section 70-156(b) while
exercising their rights thereunder.
Secs. 70-220-70,245. Reserved.
Key West, Florida, Code of Ordinances>> SUBPART A -GENERAL ORDINANCES >> Chapter 70 -TRAFFIC
AND VEHICLES >> ARTICLE I . - PARKING, STOPPING AND STANDING >> DIVISION 5. RESIDENTIAL
PARKING PERMIT PROGRAM >>
.............
DIVISION 5.RESIDENTIAL PARKING PERMIT PROGRAM
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Sec.70-246.Definitions.
Sec.70-247. Established,
Sec.70-248. Eligibility,
Sec.70-249.Additional eligibility.
Sec.70-250. Effect of other parking regulations.
Sec.70-251.Appeal of decisions.
Sec,70-252. Penalty for violation.
Sec. 70-246. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Vehicle means any automobile, truck or motorcycle, so long as such vehicle is allowed to park
on the city streets pursuant to this chapter and the laws of the state.
Sec. 70-247. Establislied.
A residential parking permit program is established in the area as described in exhibit A to
Ordinance No. 99-23. The area is referred to as the "parking permit area." Specifically, exhibit A,
which is made a part of this section by reference, delineates each block of the city where the
residential parking permit program shall be in effect. The city manager is authorized to erect the
appropriate street signs and markings. Unless determined otherwise in writing by the city manager,
the residential parking permit program shall be in effect at all hours of the day, seven days a week.
It should be noted that exhibit A referenced in the above section is not set out at length herein, but is
on file and available for inspection in the office of the city clerk.
Sec. 70-248. Eligibility.
All vehicles bearing a county license tag shall be eligible to participate in the residential
parking permit program. Owners of vehicles with county license tags who reside within the parking
permit area shall register their vehicles with the city's licensing division for space allocation purposes.
The display of a county license tag on the vehicle shall constitute the permit to allow the vehicle to be
parked in the parking permit area. There shall be no fee to register a vehicle with the city. An owner
may register all vehicles owned by him. If an owner sells or otherwise transfers a vehicle registered
with the city, he shall notify the licensing division.
Sec. 70-249. Additional eligibility.
(a) In addition to the persons in section 70-248, the following persons shall also be eligible to park
vehicles in the residential parking permit area:
(1) County residents whose vehicles bear a specialty license tag of the state;
(2) Military personnel; and
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(3) Seasonal residents, persons who reside on property in the parking permit area on a
seasonal basis, and whose vehicles are registered outside of the county.
(b) All persons whose eligibility is determined under this section shall register their vehicles with
the city's licensing division and execute a sworn affidavit of eligibility. There shall be a
registration fee of$5.00 for each vehicle of an owner eligible under this section. Each such
vehicle shall display a decal in the manner prescribed by the city.
Sec. 70-250. Effect of other ,parking regulations.
Nothing in this division is intended to permit a vehicle owner to violate the established parking
regulations of the city. Furthermore, nothing in this section is intended to guarantee an owner of a
vehicle a parking space on any city street.
Sec, 70-251. Appeal of decisions.
An owner of a vehicle may appeal a decision of the licensing division made pursuant to this
division in writing to the city manager. Upon notice, the city manager shall provide a hearing to the
vehicle owner within 30 days from the date of the appeal.
Sec. 70-252. Penalty for violatioin.
The penalty for violation of this division shall be as provided in section 70-121.
Key West, Florida, Code of Ordinances>> SUBPART A -GENERAL ORDINANCES >> Chapter IC
AND VEHICLES >> ARTICLE I . -PARKING, STOPPING AND STANDING >> DIVISION 6. EMPLOYEE
ASSISTANCE PARKING PERMIT PROGRAM IN HISTORIC DISTRICT >>
DIVISION 6. EMPLOYEE ASSISTANCE PARKING PERMIT PROGRAM IN HISTORIC DISTRICT
Sec.70-253.Definitions.
Sec.70-254.Proof of eligibility;duration;application;displayof decal.
Sec.70-255.Program:costs:reclamation.
Sec.70-256. Prohibitions.
Se!,-,.70-257. Penalties.
Secs.70-258-70-280.Reserved.
Sec. 70-253. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
(a) Commercial purpose. Any use of a vehicle, the primary purpose of which is to further
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any business purpose by way of markings, advertisements, or actual use in delivery of
goods or services.
(b) Motor vehicle means any vehicle which is self-propelled or otherwise defined in Florida
Statutes.
(c) Commercial Historic District. That area of Key West west of White Street.
(d) Vehicle means every device in, upon, or by which any person or property is or may be
transported or drawn upon a highway, excepting devices used exclusively upon
stationary rails or tracks or otherwise defined in Florida Statutes.
Sec. 70-254. proof of eligibility; d r,ation; application; display of decall.
In order to be eligible to receive an employee assistance parking decal in the Commercial
Historic District, all applicants must provide all of the following to the parking collections division of the
City of Key West:
(1) (a) Avalid drivers' license.
(b) An original notarized letter from the applicant's employer located within the
Commercial Historic District verifying the applicant's employment within the
Commercial Historic District. In the case of a business owner, a signed affidavit to
the same effect.
(c) Presentation of the applicant's personal vehicle to the parking collections division
for a photograph of the applicant's personal vehicle to be attached to the
application.
(d) A valid vehicle registration in the name of the applicant or corporation to which
the applicant is a principal.
(2) Employee assistance parking decals shall be valid for four months.
(3) Employee assistance parking decals shall only be applied by the parking collections
division.
Sec. 70-255. Pro raim; costs; reclamation.
Decals shall be valid for four months and shall cost$400.00 tax included. All employee
assistance parking decals are considered property of the City of Key West. Fees are nonrefundable
and not pro-rated. All expired decals must be returned to the City of Key West Parking Collections
Division prior to the issuance of a renewal decal.
Sec. 70 . l3rohibitions.
(a) It shall be unlawful for any person to fraudulently represent that he or she is entitled to an
employee assistance parking program decal, or to display such a decal at any time when he or
she is not so entitled.
(b) It shall be unlawful for any decal to be used on any vehicle for the use of promoting a
commercial purpose including, but not limited to deliveries and advertising. However, an
exception will be made for a business owner within the Commercial Historic District who shall be
entitled to one decal for his or her personal vehicle that is registered in their name or that of
the corporation.
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(c) It shall be unlawful for any person to display an employee assistance parking program decal in
a rental vehicle, as defined in F.S. ch. 320; or contract vehicles for hire or passenger vehicles
for hire as defined in chapter 78 of the Key West Code of Ordinances. Liability shall be
presumed to be on the part of the business owner, vehicle owner and operator.
Sec. 70-257. Penalties.
(a) Violations of any of the provisions under this division shall be punishable by a fine of$250.00 if
paid via citation to the parking collections division of the City of Key West within 30 days.
(b) Citations that have not been paid within 30 days as well as violations filed by way of a notice of
code violation as a repeat offender shall be punishable under chapter [section] 1-15 of the Key
West Code of Ordinances.
Secs. 70-258-70-280., Reseived.
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CITY OF MARATHON
Current Code: Chapter 32.TRAFFIC AND VEHICLES,
ARTICLE I. IN GENERAL
Sec.32-2. Regulation of wrecker operators who provide towing and
storage services at the request of law enforcement officers.
(Copy Attached).
Pending/recent Amendment(s) - :
No pending amendments on website specific to Chapter 32,Article 1,Sec. 32-2., Regulation of
wrecker operators who provide towing and storage services at the request of law enforcement
officers.
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C4 UCL
Sec. 32-2. Regulation of wrecker operators who provide towing and storage services at
the reqUest of law enforcement officers.
(a) Definitions. The following words, terms and phrases, when used in this section, shall have the
meanings ascribed to them in this subsection, except where the context clearly indicates a
different meaning:
Administration fee means the charge for researching and documenting the registered owner of
a motor vehicle towed and stored by a wrecker operator.
Commercially manufactured wrecker means a tow truck that is:
(1) Designed and constructed by a wrecker manufacturer which offers its wreckers for sale;
or
(2) Assembled by a business licensed and approved to assemble and certify wreckers
according to manufacturer's specifications.
Motor vehicle or vehicle means any motor vehicle as described in Fla. Stat. § 320.01(1).
Notification fee means the charge for notifying a motor vehicle owner and any lienholders that
a wrecker operator has towed and stored the motor vehicle.
Wrecker means a tow truck.
Wrecker operator means the individual, partnership, corporation or business entity engaged
for hire in the recovery, towing, removal, or storage of wrecked, disabled, stolen or abandoned motor
vehicles. For the purpose of this section, a hired driver or employee shall be governed by this section
and shall be considered an agent of the wrecker operator.
(b) Wrecker classification and required equipment.
(1) Each tow truck owned or maintained by a wrecker operator shall be commercially
manufactured and shall conform to all other requirements of this section. The
requirements of this section are waived only for those wrecker operators with tow trucks
that were purchased before the effective date of the ordinance from which this section is
derived or which were under a binding contract to purchase entered into before the
effective date of the ordinance from which this section is derived.
(2) All tow trucks shall be equipped with a business-type communication radio or mobile
telephone or cellular telephone. There shall be one (1) radio or phone for each truck.
The equipment shall be licensed and approved by the Federal Communications
Commission. The mobile radio or telephone shall enable the wrecker operator to
communicate with his trucks within his usual area of operation. A citizens band radio
does not meet the requirements of this subsection.
1(3) Specifications and required equipment shall be as follows:
a. All wreckers (all classifications) shall include the following:
1- A cradle, tow plate or tow sling to pick up motor vehicles. The cradle, tow
plate or tow sling shall be equipped with safety chains and constructed in
such a manner that it will not damage the motor vehicle to be towed.
2. Dual rear wheels.
I Clearance and marker lights and all other equipment as required by Fla.
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Stat. ch. 316.
4. A rotor-beam or strobe-type light, amber in color, mounted on the wrecker
in such a manner that it can be seen from the front, rear, andl both sides.
5. The name, address and telephone number of the wrecker operator shall
be painted or permanently affixed in a conspicuous place on Iboth sides of
the trucks.
6. At least one (1) heavy-duty push broom with a minimum width of 24 inches.
7. One (1) square shovel.
8- One (1) ax.
9. One (1) crowbar or prybar with a minimum length of 30 inches.
10. Minimum of one (1)five-pound CO2 or dry chemical fire extinguisher or
equivalent, must be approved type and have a current inspection tag
attached.
11. One (1) pair of bolt cutters with a minimum opening of one-half(1/2) inch.
12. One (1) set of jumper cables.
13. One (1)four-way lug wrench.
14- One (1) flashlight.
15. Five (5) 30-minute fuses.
16. One (1) snatch block for each winch with manufacturer's rating to match
winch.
17. Extra towing chain six(6) to eight (8) feet in length with hooks.
18. At least three (3) safety cones or triangle reflectors.
19. Fifty (50) Ipounds of sand or petroleum absorbent.
b. Class "N" wreckers (for the removal of cars and light duty trucks and vehicles
weighing 10,000 pounds gross vehicle weight or less). Specifications and
equipment in addition to the requirements outlined in Subsection (b)(3)a of this
section, shall be as follows:
1 A truck chassis with a manufacturer's rated capacity of at least 10,000
pounds gross vehicle weight. A complete, commercially manufactured
boom and winch having a manufacturer's combined rating of at least four
(4) tons must be mounted on the chassis. Hand crank winches do not
satisfy these requirements and will not be approved.
2. A minimum of 100 feet of three-eighths-inch (3/8") cable.
3. Dollies.
4. Floodlights on the hoist.
5. Vehicles which are equipped with wheel lifts or the equivalent may also
qualify as class "A" tow trucks so long as they are equipped with a boom
and all other applicable requirements are met. Wheel lifts shall be rated at
a minimum of 3,000 pounds lift capacity and must utilize wheel safety-
straps when lifting vehicles, by the wheels only.
6. Wrecker operators who wish to remove cars and light trucks may have, in
addition, a roll-back or slide-back carrier truckitrailer with specifications
and the equipment as provided in Subsection (b)(3)c of this section.
Class "A" roll-back or slide-back wreckers (for the removal of cars and light duty
trucks and vehicles weighing 10,000 pounds gross vehicle weight or less).
Specifications and equipment for (roll-back or slide-back carriers in addition to the
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requirements outlined in Subsection (b)(3)a of this section shall include the
following:
I A truck chassis with a manufacturer's rated capacity of at least 10,000
pounds gross vehicle weight with a minimum:of a 16-foot bed, dual rear
wheels and a winch with at least 8,000 pounds capacity.
2. A minimum of 50 feet of three-eigihths-inch (3/8") cable.
3. A minimum of two (2), safety tiedlown chains of at least ten (10) feet each in
length.
4. Two (2) floodlights mounted on the rear of the carrier.
5. A roll-back or slide-back carrier trailer shall meet the following
requirements:
W A commercially manufactured carrier trailer with a rated capacity of
at least 8,000 pounds gross vehicle weight with a minimum 16-foot
bed. A winch with at least 8,000 pounds capacity.
00 A minimum of 50 feet of three-eighths-inch (3/8") cable.
(iii) Brakes and trailer lights which meet the minimum statutory
requirements of Florida law.
(iv) Safety chains.
(v) Must be towed by and used in conjunction with an approved wrecker
that meets or exceeds the class of the vehicle to be towed.
d- Class "B" wreckers (for removal of medium duty trucks or vehicles weighing
20,000 pounds gross vehicle weight or less). Specifications and equipment in
addition to the requirements outlined in Subsection (b)(3)a of this section, shall
be as follows:
1• A truck chassis with a manufacturers rated capacity of at least 20,000
pounds gross vehicle weight. A complete, twin-winch, commercially
manufactured boom and winches having a manufacturer"s combined rating
of at least ten (10) ton capacity mounted on the chassis. -
2. A minimum of 100 feet of at least one-half-inch (1/2") cable on each drum.
3. One (1) set of scotch blocks for wheels or hydraulic rear-extendable
scotch blocks.
4. Floodlights on the hoist.
e. Class "C" wreckers (for removal of heavy duty trucks, house trailers, buses, etc.,
weighing over 20,000 pounds gross vehicle weight). Specifications and
equipment in addition to the requirements outlined in Subsection (b)(3)a of this
section, shall be as follows:
1- A truck chassis with a manufacturer's rated capacity of at least 30,000
pounds gross vehicle weight and 30,000 pounds gross vehicle weight for
tandem axle trucks. A complete, twin-winch, commercially manufactured
boom and winches having a manufacturer's combined rating of at least 25-
ton capacity mounted on the chassis.
2. A minimum of 200 feet of at least five-eighths-inch (5/8"') cable on each
drum.
I Air brakes so constructed as to lock the rear wheels automatically upon
failure.
4. External air hookup and hoses, to supply air to disabled vehicles.
5. One (1) set of scotch blocks for wheels or hydraulic rear-extendable
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scotch blocks.
6. Floodlights on the hoist.
(4) in the event that the wrecker operator removes wrecked or disabled vehicles on a
rotation basis for the Florida Highway Patrol (FHP) or the Monroe County Sheriffs
Department and any of those entities have mandatory equipment requirements in
conflict with the requirements of this section, and failure to comply with the FHP or
County requirements would result in the wrecker operator being removed from the FHP
or County rotation list, the wrecker operator may comply with the FHP or County
requirements, but only to the extent of the conflict, without violating the terms of this
section.
(5) This subsection only applies to wrecker operators providing towing services to law
enforcement agencies.
(c) Insurance requirements. No person shall for compensation recover, tow, or remove a motor
vehicle or provide motor vehicle storage or otherwise function as a wrecker operator until that
person maintains in effect an insurance policy or policies Mich shall insure that person for its
liability at a minimum:
(1) For each tow truck, combined single limit of $300,000.00;
(2) For garage keeper's liability, in an amount not less than $150,000.00 for each loss
covering perils of fire and explosion, theft of a, motor vehicle and parts or contents, riot
and civil commotion, vandallism, malicious mischief, and for on-hook protection.
(d) Rates.
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:
Class 'A"wrecker service
Base rate (any time a wrecker is called to a site) $135.00
ileage rate from wrecker station to site and return 3.00
(per mile)
Per hour charge beginning upon arrival of wrecker 135.00
niside storage (per day) 40.00
)utside storage (per day)
Under 20 feet 30.00
Price by foot over 20 feet 2.00
(per foot)
Administration fee 25.00
Notification fee 50.00
_jEach additional letter 20.00
iervice calls 75.00
kfter hours gate fee k5.00
Class "B"wrecker service
Base rate (any time a wrecker is called to a site) $200.00
iteage rate from wrecker station to site and return 4.00
(per mile)
Per hour charge beginning upon arrival of wrecker 180.00
Inside storage (per day) 40.00
Outside storage (per day)
jUnder 20 feet 30.00
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Price by foot over 20 feet 2.00
(per foot)
Administration fee 25.00
Notification fee 50.00
Each additional letter 20.00
Service calls 75.00
After hours gate fee 75.00
Class "C"wrecker service
Base rate (any time a wrecker is called to a site) $485.00
Mileage rate from wrecker station to site and return 5.00
(per mite)
Per hour charge beginning upon arrival of wrecker 300.00
Inside storage (per day) 40.00
Outside storage (per day)
Under 20feet 30.00
Price by foot over 20 feet 2.00
(per foot)
Administration fee 25.00
Notification fee 50.00
Each additional letter 20.00
Service calls 75.00
fter hours gate fee 75.00
The daily storage rate must be prorated in six(6) 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 wrecker operator to the motor vehicle owner and any lienholder. 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 wrecker
operator has arrived at the motor vehicle, or before the wrecker 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('/2) of the maximum rate for the class of towing service called for
(2) The provisions of this Subsection (d) 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 Subsection (d) 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 charges which he may impose for the towing and storage services covered by
this subsection.
(e) Storage facilities.
(1) Wrecker operators shall provide storage facilities, which shall be maintained at the
wrecker operator's place of business. These facilities must be fenced and locked for the
protection of vehicles and property.
(2) The wrecker operator shall provide storage for all impounded/towed vehicles in an
outside storage area unless the impounding law enforcement officer gives specific
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written instructions for inside storage. If required for investigative purposes, the wrecker
operator shall move the vehicle to a designated area for processing prior to storage. In
such instance, the law enforcement agency will not authorize release of the vehicle until
all outstanding charges by the wrecker operator, as authorized by this section, have
been satisfied.
(3) The wrecker operator shall not change the type of storage facility (inside or outside)
afforded a vehicle without written permission from the district captain or other officer in
charge. The wrecker operator shall not change the storage facility location without first
obtaining written permission from the district captain or other officer in charge.
(4) The storage facility must be owned or leased solely by the wrecker operator and
vehicles stored by the wrecker operator must be separately fenced and locked.
(5) The registered owner of a vehicle or the owner's representatives or owner's insurance
adjusters, upon proper identification, shall be permitted to inspect or photograph stored
vehicles during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. The
wrecker operator shall not require the owner, adjuster or representative to pay any fee
in order to inspect or photograph the stored vehicle.
(6) All fencing shall be chainlink or solid-wall type and at least six(6) feet in height where
permissible under land use regulations of the City to discourage theft of any vehicle or
,any property being stored inside. All storage facilities shall be illuminated with lighting of
sufficient intensity to reveal persons and vehicles at a distance of at least 150 feet
,during nighttime.
(7) Permanent inside storage facilities must be available for 24-hour storage when weather
or other conditions require inside storage for the protection of the vehicle or personal
property. A lean-to, tent or shed does not meet the requirements of this section. Inside
storage must be within a weather-tight building.
(8) A minimum of 25 storage spaces with three (3) inside storage spaces must be available.
'Wrecker operators who have been on a rotation system for the Florida Highway Patrol
or the Monroe County Sheriffs Department for six(6) months prior to the effective date
of this rule may continue on the list without regard to the minimum storage spaces
required herein, so long as all other applicable provisions of these rules are met.
Service bays or repair bays do not qualify as inside storage, nor does any area that is
utilized for any activity other than serving as a permanent inside storage area, when
vehicles are actually stored inside at the request of a law enforcement agency or the
owner of a vehicle.
(9) Wrecker operators shall comply with hold orders placed by the law enforcement agency,
including any instructions for inside or outside storage. Vehicles involved in, a fatality
and sealed by the traffic homicide investigator shall remain intact until the seals are
removed by the investigator. No property of any kind shall be released to anyone
without authority of the homicide investigator. If no fatality occurred, then the wrecker
operator may release the vehicle and the property upon valid proof of ownership once
the hold is released.
(10) A copy of an inventory prepared by the law enforcement agency, of all personal
property found in a wreckedl, disabled or abandoned vehicle shall be provided to the
wrecker operator. The wrecker operator shall permit the removal of such property by the
vehicle owner or his agent from a stored vehicle during normal business hours without
charge. The agent's authority shall be evidenced by a writing acknowledged by the
owner before a notary public or other person empowered by law to administer oaths. A
signed receipt for each article removed by the owner or his agency shall be obtained.
The term "personal property" shall be defined as any item not affixed to the vehicle that
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was in the vehicle at the time of the tow. In the case of vehicles stored where no "hold
order"' has been placed, the wrecker operator will directly release any vehicle upon
presentation of proper proof of identification and ownership. If these conditions cannot
be met due to unusual or extraordinary circumstances, the vehicle will be released only
upon authorization obtained from the law enforcement agency.
(1 1) Wrecker operators handling the initial tow shall exercise reasonable care and control of
parts and contents located in vehicles while under their protection or while in storage.
(12) During the hours from 8:00 a.m. to 5:00 p.m., Monday through Friday, wrecker
operators will provide adequate staffing at the storage facility so that personal property
may be removed from the vehicle or the vehicle itself may be released without undue
delay.
(13) Should it become necessary that personal property be removed from a vehicle or a
vehicle be released when the storage facility is not staffed, the wrecker operator will be
required to do so and will be allowed to charge a reasonable fee.
(f) Jurisdiction. The provisions of this section shall apply to all wrecker operators providing towing
and the removal of motor vehicle service and motor vehicle storage, at the request of a law
enforcement officer. The provisions of this section apply only to nonconsensual removal: of
vehicles.
(9) Registration of wrecker operator, right to operate within the corporate limits of the City of
Marathon, Florida.
All wrecker operators as defined herein must be registered with the City of Marathon,
Florida, in order to legally operate within the corporate limits of the City.
(2) Wrecker operators of all wrecker classifications performing non-consent towing within
the corporate limits of the City of Marathon shall register with the City Clerk on an,
annual basis subject to, a registration fee of $100.00. Failure to renew prior to expiration
will result in a $250.00 fee.
(h) Operation of wrecker operator on private property.
(1) Wrecker operators must register all private properties posted as identified in Fla. Stat. §
715.07(2)(a)5 with the City Clerk prior to the placement of signage identified therein.
Said registration shall include a notarized letter from the property owner or person
authorized by the property owner or lessee indicating that said posting has been
requested and approved by the property owner.
(2) If posted notice subject to Fla. Stat. § 715.07(2)(a)5 is removed for any reason by the
wrecker operator, the City Clerk shall be notified within 15 days of the removal.
(3) In no event shall a vehicle towed within the City of Marathon be taken to a facility greater
that 13 miles from the location from which the vehicle was towed.
Owners or operators of vehicle present.
(1) In the event that the owner or operator of a vehicle is present when a wrecker operator
arrives to tow, the wrecker operator shall give a verbal warning and five (5) minutes for
the owner or operator of the vehicle to remove the vehicle from the property before
initiating the tow.
(2) in no, event shall a wrecker operator initiate a tow when the owner or operator of the
vehicle in question is present or in the vehicle.
Property owner, person authorized by the property owner, or lessee presence required.
(1) The property owner, person authorized by the property owner, or lessee must be
present to authorize all tows initiated by a wrecker operator.
(2) The 1property owner's authorized representative shall not have any interest in nor be
affiliated with the wrecker operator towing the vehicle from the property owner's
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property.
(k) Fees.
(1) No wrecker operator may charge any fee for the towing of a vehicle in excess of the fees
established by the Monroe County Sherrifl's Office for wrecker services. Notwithstanding
the foregoing, the fee shall be determined by the class of the vehicle towed not the size
of the wrecker utilized to tow the vehicle.
(2) In no event shall a wrecker operator charge the owner of a vehicle for waiting time or
labor.
(I) Penalties.
(1) Failure of a wrecker operator as defined herein to register with the City of Marathon,
Florida, as identified in Subsection 32-2(g) above, is subject to the loss of the privilege
to operate within the corporate limits of the City for a period of up to one (1) year, at the
discretion of the City Manager and subject to appeal to the City Council.
(2) Failure of a wrecker operator to operate within the City of Marathon as required Section
32-2 is subject to loss of registered status for a period of up to one (1) year at the
discretion of the City Manager and subject to appeal to the City Council.
(3) Any violation of this section or applicable Florida law shall result in the refund of any
towing charge collected from the owner of an improperly towed vehicle.
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CITY OF KEY COLONY BEACH
Current Code: Chapter 32. TRAFFIC AND PARKING
UNABLE TO LOCATE LANGUAGE IN CODE SPECIFIC TO WRECKERS,
WRECKER OPERATION, TOWING. (COPY ATTACHED).
Key Colony Beach, Florida, Code of Ordinances» PART 11 -CODE OF ORDINANCES >> Chapter 17 -
TRAFFIC AND PARKING >>
Chapter 17 -TRAFFIC AND PARKING L1
t a r 1 . Traffic and Parking
Sec. 17-1.-Traffic regulations.
Sec. 17-2.-Through streets designated.
Sec. 17-3.-Signing of intersections with through streets
Sec. 17-4.-Designation of"stop'intersections.
Sec. 17-5.-Regulations apPINAnq to the residential district R2-13 of Marina Subdivision#2 Sadowski Causeway,
Sec.. 17-6.-Parking restricted on right-of-way in Key Colony Beach Subdivision
Sec. 17- . -Traffic regulations.
(a) It shall be unlawful for any person to operate any motor vehicle on any of the streets, avenues
or thoroughfares of the city at a greater rate of speed than twenty-five (25) miles per hour.
(b) The operation of motorized scooters in the city is prohibited, except on private property.
Motorized scooters shall be defined as any vehicle not having a seat or saddle for the use of
the rider, designed to travel on not more than three (3) wheels and not capable of propelling
the vehicle at a speed greater than thirty (30) miles per hour on level ground.
Sec. 17-2. -Through streets designated.
U.S. Highway Number 1, Sadowski Causeway and Ocean Drive East and West are hereby
designated through streets.
Sec. 17-3. -Signing of intersections i through streets.
The public works department shall cause to be marked plainly on all streets, where they cross
or intersect with a through street an appropriate "stop" sign.
Sec. 1„" . - Designation o "stop" intersections.
The city commission will cause to be placed on any street where it intersects another street,
appropriate "stop" signs wherever, in the opinion of the city commission, it is dangerous for vehicles
to proceed across or into such intersection without stopping before entering such intersection.
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Sec. 17-5. - Regulations applying tothe residential district R2-B of Marina Subdivision
#2, Sadowski Causeway.
An emergency exists along the residential district R2-B of Marina Subdivision #2 due to the
increasing use of the right-of-way adjacent to the Sadowski Causeway for the parking of numerous
vehicles, many of which obstruct visibility for traffic entering the said causeway. It is specifically the
case that the parking of certain vehicles which obstruct line-of-sight view for others entering said
causeway now constitutes an immediate and present danger to the safety and welfare of the
residents, and it is therefore necessary to rectify this safety hazard on an emergency basis as follows:
(1) By preventing parking of certain vehicles which obstruct the vision from parking along
the said right-of-way in the R2-B zoning district of Marina Subdivision #2 as follows:
a. It shall be unlawful for any person to park or maintain within the right-of-way
adjacent to the R2-13 zoning district of the Marina Subdivision #2 any recreational
vehicle type unit primarily designed as temporary living quarters for recreational
camping or travel use which either has its own motor power or is mounted on or
drawn by another vehicle. Said vehicle shall be defined as set forth in F.S. §
320.01, and shall include the following:
Travel trailers, camping trailers, truck campers, motor homes, private motor
coaches, van conversions and park trailers.
b• Enforcement shall be carried out by the Key Colony Beach Police Department.
Sec. 17-6. - Parking restricted on right-of-way in Key CWon y each Subdivision.
Parking in the right-of-way of 1 st Street, 2nd Street, 3rd Street, 4th Street, 5th Street and East
Ocean Drive, Key Colony Beach Subdivision, shall be limited to the property owners on those streets
and their guests (including renters). Parking in the right-of-way in front of, and in the case of corner
lots also on the side of, any property on those streets is not permitted, except by permission of that
property's resident.
Violation of this section shall', result in the issuance of a ticket to the violator.
The penalty for a parking violation shall be thirty dollars ($30.00) per occurrence. A violation of
a duration of twelve (12) hours shall be deemed a new violation, and result in the issuance of
additional tickets and/or the vehicle shall be towed at the owner's expense.
FOOTNOTE(S):
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CITY OF LAYTON
UNABLE TO LOCATE LANGUAGE IN CODE REGARDING WRECKERS,
WRECKER OPERATION,TOWING. (COPY ATTACHED).