Item P12
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 21.2007 -KL
Division: County Attorney
Bulk Item: Yes --X- No
Department: Suzanne Hutton
AGENDA ITEM WORDING:
Approval to advertise and hold one (1) public hearing to consider approval of an ordinance amending
Section 11-7, Monroe County Code, regulating wrecker operators requested by law enforcement to
provide vehicle towing and storage services, increasing rates and recognizing changes in
municipalities.
ITEM BACKGROUND:
In 1994, Monroe County established Section 11-7 of the Monroe County Code to regulate vehicle
towing and storage service requested by law enforcement officers. The last regulation setting rates was
done in 1995 (Ordinance No. 23-1995). The municipalities of Marathon and Islamorada, Village of
Islands, have incorporated since the last amendment. The City of Marathon recently adopted their
Ordinance No. 2006-32 in order to set rates commensurate. This amendment addresses the increased
costs and volume of operations and adds the municipalities of Islamorada, Village of Islands and the
City of Marathon.
PREVIOUS RELEVANT BOCC ACTION:
Amended by Ordinance No. 23-1995
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval to advertise and hold one (1) required public hearing at 3:00 p.m. on March 21,2007 in
Marathon.
TOTAL COST:
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty .51t OMBlPurchasing _ Risk Management
DOCUMENTATION:
Included -X--
To FoIlow_
Not Required_
DISPOSITION:
Revised 2/27/01
AGENDA ITEM #
ORDINANCE
- 2007
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AMENDING SECTION 11-7, MONROE COUNTY CODE,
REGULATING WRECKER OPERATORS IN THE
UNINCORPORATED COUNTY WHO PROVIDE MOTOR
VEHICLE TOWING AND STORAGE SERVICES AT THE
REQUEST OF LAW ENFORCEMENT OFFICERS;
REVISING RATES; PROVIDING FOR THE REPEAL OF
ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORA TION INTO THE
MONROE COUNTY CODE OF ORDINANCES; AND; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, in 1994, Monroe County began regulating vehicle towing and storage
services requested by law enforcement officers; and
WHEREAS, the last regulation setting rates was Ordinance No. 23-1995; and
WHEREAS, the municipalities of Marathon and Islamorada, Village of Islands,
incorporated since that last ordinance; and
WHEREAS, the City of Marathon recently adopted Ordinance No. 2006-32 in order to
set rates commensurate; and
WHEREAS, it is desired to revise the existing regulations to recognize the changes in
municipalities and in increased costs of operations; now therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
Section 1. Sec, 11-7(a)(l), Monroe County Code is hereby amended to read as
follows:
(1) Administrative fee means the charge for notifying a motor vehiole O.Nner and any lien
holders that a wreeker operator has tov/ed and stored the motor '/ehiele. researching and
documenting the registered owner(s) of a motor vehicle towed and stored by a wrecker operator.
Section 2. Sec. 11-7(a)(6), Monroe County Code is hereby created to read as follows:
(6) 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.
Section 3,
follows:
Sec, 11-7(b)(4) Monroe County Code is hereby amended to read as
(4) In the event that the operator removes wrecked or disabled vehicles on a rotation basis for
the Florida Highway Patrol (FHP) or the police departments of the City of Key W est~ ef the City
of Layton, the City of Islamorada, Village of Islands, or the City of Marathon, and any of those
entities have mandatory equipment requirements in conflict with the requirements of this section,
and failure to comply with the FHP or municipal requirements would result in the operator being
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removed from the FHP or municipal rotation list, then the operator may comply with the FHP or
municipal requirements, but only to the extent of the conflict, without violating the terms of this
section.
Section 4.
Sec. 11-7(d) Monroe County Code is hereby amended to read as follows:
(d) Rates:
(1) For the removal and storage of wrecked or disabled motor vehicles or for the removal and
storage of abandoned motor vehicles at the request of a law enforcement officer, the maximum
rate that may be charged by a wrecker operator is as follows, based on the lowest class of
wrecker service required for the vehicle, with anv trailered appurtenance, for which law
enforcement has requested towing:
TABLE INSET:
Class A Wrecker Service
Base Rate $~ 135.00
(maximum eharge anytime a wrecker is called to a
site)
Inside storage (per day) after the first 0 hours $~ 40.00 plus $2 per foot for motor
vehicles over 20 feet long
Outside storage (per day) after the first 6 hours $~30.00 plus $-1- 2 per foot for
motor vehicles over 20 feet long
Administration fee per notification $25.00
Notification Fee $50.00 first notification
$20.00 each additional letter
Mileage rate from wrecker station to site and $~ 3.00 per mile
return
Per hour charge beginning 30 minutes after upon $~ $135,00
arrival on site, in 1/4 hour increments
After Hours Gate fee $75.00
Service Call $75.00
Class B Wrecker Service
Base Rate $120.00 200.00
(numim\:lffi eharge anytime a wrecker is called to a
site)
Inside storage (per day) after the first 6 hours $~ 40.00 plus $2 per foot for motor
vehicles over 20 feet long
Outside storage (per day) after the first 6 hours $~ 30.00 plus $-1- 2.per foot for
motor vehicles over 20 feet long
Administration fee per notificatioR $25.00
2
Notification Fee $50.00 first notification
$20.00 each additional letter
Mileage rate from wrecker station to site and $J.,.OO 4.00 per mile
return
Per hour charge beginning 30 minutes after arrival $120.00 180.00
on site, in 1/4 hour increments
After Hours Gate fee $75.00
Service Call $ 75.00
Class C Wrecker Service
Base Rate $385.00 485.00
(maximum enarge anytime a wrecker is called to a
site)
Mileage rate from wrecker station to site and $~ 5.00 per mile
return
Inside storage (per day) after the first 6 hours $~ 40.00 plus $2 per foot for motor
vehicles over 20 feet long
Outside storage (per day) after the first 8 hours $:W:OO 30.00 plus $+ J...per foot for
motor vehicles over 20 feet long
Administration fee per notification $25.00
Per hour charge beginning 30 minutes after upon $200.00 300.00
arrival on site, in 1/4 hour increments
After Hours Gate fee $ 75,00
Service Call $75.00
The daily storage rate must be prorated in six-hour increments when the vehicle is
retrieved by the owner or his agent. The administrative notification fee may only be charged
when notice is sent by the operator to the motor vehicle owner and any lienholder(s).
In the event a law enforcement officer needs a tow truck for a towable violation, and once
the towing service has been requested by the officer at the violation site and the operator has
advised the officer that he is en route to the request, should the owner or driver of the motor
vehicle in violation return to the vehicle site before the operator has arrived at the motor vehicle,
or before the operator has departed with the vehicle, and upon the officer's authorization to
release the vehicle to the owner or driver, then the owner or driver of the vehicle shall pay a
charge of not more than one-half ( 1/2) of the maximum rate for the class of towing service
called for. A wrecker operator may dispatch a heavier class of wrecker to the site but may
charge no more than the rates applicable to the tyPe of service required. Should a motor vehicle
which requires towing be trailering a recreational vehicle, boat, or other type of trailer, and onlv
one tow truck is required to remove the vehicle and its trailer, only one tow charge may be levied
for the combined length of the vehicle and its trailered accessory.
3
(2) The provisions of this section only apply to the rates charged for towing and storage service
called for at the request of a law enforcement officer. In all other situations the provisions of this
section do not apply and the parties may negotiate prices and rates as in other ordinary service
contracts.
(3) Every wrecker operator shall conspicuously display at his place of business the maximum
charge which he may impose for the towing and storage services covered by this section.
Section 5. Sec. 11-7( e )(8)a., Monroe County Code is hereby amended to read as
follows:
f&j a. A minimum of twenty-five (25) storage spaces with three (3) inside storage spaces
must be available. Wreoker operators ',vho have beM on a rotation system for the
Florida Higlrllay Patrol, Monroe County Sheriffs office, or the poliee department of the
City of Key \Vest or the City of Layton for six (6) months prior to the effoeti'/e date of
this rule may eontiffile on the list 'without regtHd to the minimum storage spaces required
herein, so long as all other applieable pro'/isions of these mles tHe met.
Section 6, If any section, subsection, sentence, clause or provision of this ordinance
is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 7. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 8. The provisions of this ordinance shall be included and incorporated in the
Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and
shall be appropriately renumbered to conform to the uniform numbering system of the Code,
Section 9. This ordinance shall take effect immediately upon receipt of official notice
from the Office of the Secretary of State of the State of Florida that this ordinance has been filed
with said Office.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting held on the +&~ day of October , A.D., 20~7.
Mayor Mario Di Gennaro
Mayor Pro Tem Dixie Spehar
Commissioner Charles "Sonny" McCoy
Commissioner Sylvia Murphy
Commissioner George Neugent
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor Mario DiGennaro
(SEAL)
ATTEST: DANNY, L. KOLHAGE, CLERK
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MONROE COUNTY ATTORNEY
APPROV~
- y"1.- . y"----
~ ""fUZAN EA. U TO
. / CO~T~ATT%N~Y
Date ( ~
I
By:
Deputy Clerk