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Ordinance 023-1995 ORDINANCE NO. 23 -1995 Mayor Freeman AN ORDINANCE AMENDING SEC. 11-7. MONROE COUNTY CODE. ADDING NEW SUBSECTION (e) PROVIDING FOR REGULATION OVER STORAGE FACILITIES FOR WRECKER OPERATORS; PROVIDING FOR REVISED NUMBERING OF REMAINING SUBSECTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA. that: Section 1, A new subsection (e) shall be added to Sec. 11-7. Monroe County Code. as follows: lei Storaae Facilities. ::?: ~ (jJll '--' :z: _-"'" ( 1 Wrecker 0 era tors shall rovide stora e facilities whiC~ ihall maintained at the operator's place of business. These facilities must-Pl!fenc and locked for the protection of vehicles and property. :J -;. ~ :z: :',", 121 The wrecker operator shall provide storaa9<. '-for ~ impounded/towed vehicles in an outside storaae area unless specific:"writteo. instructions are aiven for inside storaae by the impoundina law enforc:emerrr officer. If reauired for investiaative purposes. the wrecker operator shall move the vehiclelsl to a desianated area for processina prior to storaae. In such instance. the law enforcement aaencv will not authorize release of the vehicle until all outstandina charaes bv the operator. as authorized bv this section have been satisfied. 13\ The wrecker operator shall not chanae the type of storage facility (inside or outsidel afforded a vehicle without written permission from the Troop Commander or other Officer in Charae. The wrecker operator shall not chanae the storaae facility location without first obtainina written permission from the Troop Commander or other Officer in Charae. 14\ The storaae facility must be owned or leased solely by the wrecker operator and vehicles stored by the operator must be separately fenced and locked. 151 The reaistered owner of a vehicle or the owner's representatives or owner's insurance adiusters. upon proper identification. shall be permitted to inspect or photoaraph stored vehicles durina the hours of 8:00 am to 5:00 pm, Monday throuah Friday. The wrecker operator shall not reauire the owner, adiuster or representative to pav anv fee in order to inspect or photoaraph the stored yehicle. (6\ All fencina shall be chain-link or solid-wall type and at least six feet in heiQht where permissible under land use reaulations of the County to discouraae theft of any vehicle or any property beina stored inside. All storaae ." r- rr1 o 'T' o ~~ rT1 (-:: o ?J ! "::J facilities shall be illuminated with Iiahtina of sufficient intensity to reveal persons and vehicles at a distance of at least 150 feet durina niahttime. (71 Permanent inside storaae facilities must be available for 24-hour storaae when weather or other conditions reauire inside storaae for the protection of the vehicle or personal property. A lean-to, tent or shed does not meet the reauirements of this section. Inside storaae must be within a weather- tiaht buildina. (8Ia. A minimum of 25 storaae spaces with 3 inside storaae spaces must be available. Wrecker operators who have been on a rotation svstem for the Florida Highwav Patrol. Monroe County Sheriff's office, or the police department of the City of Kev West or the City of Lavton for six months prior to the effective date of this rule may continue on the list without reaard to the minimum storage spaces reauired herein, so lona as all other applicable provisions of these rules are met. b. Service bays or repair bays do not aualify as inside storaae, nor does any area that is utilized for any activity other than servin a as a permanent inside storaae area, when vehicles are actuallv stored inside at the reauest of a law enforcement aaencv or the owner of a vehicle. (91 Wrecker operators shall comply with hold orders placed by the law enforcement aaencv, includina anv instructions for inside or outside storage. Vehicles involved in a fatality and sealed bv the traffic homicide investiaator shall remain intact until the seals are removed bv the investiaator. No property of any kind shall be released to anyone without authority of the homicide investiaator. If no fatality occurred, then the vehicle and the property may be released bv the wrecker operator upon valid proof of ownership once the hold is released. (101 A COpy of an inventory prepared bv the law enforcement aaencv, 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 bv the vehicle owner or his agent from a stored vehicle durina normal business hours without charae. The aaent's authority shall be evidenced bv a writina acknowledaed bv the owner before a notary public or other person empowered bv law to administer oaths. A sianed receipt for each article removed bv the owner or his aaent shall be obtained. Personal property shall be defined as anv 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 directlv 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 onlv upon authorization obtained from the law enforcement aaencv. ( 111 Wrecker operators handlina the initial tow shall exercise reasonable care and control of parts and contents located in vehicles while under their protection or while in storaae. (121 Durina the hours from 8:00 am to 5:00 om. Mondav throuah Friday. wrecker ooerators will orovide adeauate staffina at the storaae facility so that oersonal orooertv may be removed from the vehicle or the vehicle itself may be released without undue delav, (131 Should it become necessary that oersonal orooertv be removed from a vehicle or a vehicle be released when the storaae facility is not staffed. the wrecker ooerator will be reauired to do so and allowed to charae a reasonable fee. Section 2. Subsections (e) and (f) of the existing Sec. 11-7. Monroe County Code shall be relabeled subsections (f) and (g). Section 3. 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 4. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 5. 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 6. 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 of said Board held on the 18th day of July, AD. 1995. Mayor Freeman Mayor Pro T em London Commissioner Harvey Commissioner Reich Commissioner Douglass yes yes yes yes yes (SEAL) Attest: DANNY L.KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BYaS'~~ B~ C. ~x1m~ Deput)1 Clerk EFFECTIVE DATE jordwrecker All Keys Towing 2001 Overseas Highway Marathon, FL 33050 AAA KW Towing P.O. Box 4549 Key West, Florida 33041 Rapid Towing Services 5680 1st Avenue Key West, Florida 33040 Arnold's Auto Marine 5540 3rd Avenue Key West, Florida 33040 G & M Body Shop 5324 3rd Avenue Key West, Florida 33040 Alex's Auto Parts 5675 5th Avenue Key West, Florida 33040 B & B Towing Route 7, Box 691 Big Pine Key, Florida 33043 B & K Towing P.O. Box 1397 Big Pine Key, Florida 33043 M & M Towing Route 7, Box 787M Big Pine Key, Florida 33043 Marathon Wrecker Service 10878 Overseas Highway Marathon, Florida 33050 AI's Wrecker 106101 Overseas Highway Key Largo, Florida 33037 Wheaton's 101500 Overseas Highway Key Largo, Florida 33037 Guy's Towing 92080 Overseas Highway Tavernier, Florida 33070 Perfection Connection 106150 Overseas Highway Key Largo, Florida 33037 Key West Towing 5730 2nd Avenue Key West, Florida 33040 Williams Towing 906 Olivia Street Key West, Florida 33040 mannp l.. llolbage BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARA THON, FLORIDA 33050 TEL. (305) 289-6027 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 August 7, 1995 CERTIFIED ~AIL RETURN RECEIPT REQUESTED Mrs. Liz Cloud, Chief Bureau of Administrative Code and Laws The Elliott Building 401 South Monroe Street Tallahassee, FL 32399-0250 Dear Mrs. Cloud: Enclosed please find a certified copy of Ordinance No. 023-1995, amending Sec. 11-7, Monroe County Code, adding new subsection (e); Providing for regulation over storage facilities for wrecker operators, etc. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting in fonnal session on July 18, 1995. Please file for record. Danny L. Kolhage Clerk of Circuit Court and ex officio Clerk to the Board of County Commissioners By: Isabel C. DeSantis i2acJA c, (1A-~ I Deputy Clerk cc: Municipal Code Corporation County Commission County Attorney County Administrator Bobbie Kieber, FKTTA Monroe County Sheriff's Office Florida Highway Patrol Key West Police Department City of Laytop State Attorney's Office Attached Listing of Monroe County Towing Companys /File .... ,..., :I SENDE CIl . Complete items 1 and/or 2 for additional services. CD ~ Complete items 3, and 4a & b, l!? · Print your name and address on the reverse of this form so that we can CD return this card to you. ;: . Attach this form to the front of the mailpiece, or on the back if space ~ does not permit. .c . Write "Return Receipt Raquested" on the mail piece below the article number. 2. 0 Restricted Delivery .... . The Return Receipt will show to whom the arJl!;;le was delivered and the date g delivered. ,i ". Consult postmaster for fee, 'tl 3, Article Addressed to: 4a, Article Number i'1'n.LLA?.I;'~ ~ I . ~ ~.% 3~6 367 '58 ~. ,-- ._~ 4b, Service Type 8 ~ O. /:lA-o ~ til::J"':l~ D)tegistered 0 Insured (I) r.-v y- "" ,JcJ Ai!'f Certified 0 COD ffi C"1 ~ ~ ~ / 0 Express Mail 0 Return ,Re~eipt for a: VQ...(A" 1'..,G 3~31t,. i/;j 3S Merch8lndlse lS' 7, Date of ~Ii ry ./ ct '$//1 ?.J ~ 5, Signature' ;:) I- ~ 6, Signature .. ::l o > PS Form 3 11, December 1991 ~ I also wish to receive the following services (for an extra fee): 1, 0 Addressee's Address CD U '> .. CD (I) .... Q, 'ij u CD a: c .. ::l .... CD a: ell c 'iij ::l .. o .... ::l o > 8, Addressee's Address (Only if requested ..lIC and fee is paid) lij .c I- 1rU,S, GPO: 1ll83-352-714 DOMESTIC RETURN RECEIPT ""';;'.""""""""'"""IiI"_""\IOI~""""""'-___I'lWlOIIM""_i!IlI___JIIJIIIJlUI__~_~_.....""""';"""';""'"~.L";"""'L"'""t"""',.,___.._..,."."'''_"''~I~r" ~ - UNITED STATES POSTAL SERVtCE Z 396 367 659 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) ~ - UHITEO STATES POSTAL SERVICE Z 396 367 658 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) (') en en ... (') en en .s= e III ::!E o o co C") E o u. (I) a.. , .s= e III ::!E p o g P C") E o u. en Special Delivery Fee a.. Certified Fee $:5 , \0 Special Delivery Fee Restricted Delivery Fee RestrIcted Delivery Fee '" {)~, #=- 0;;'3-/995 FLORIDA DEPARTMENT OF STATE Sandra B, Mortharn Secretary of State DIVISION OF ELECTIONS Bureau of Administrative Code The Elliot Building 401 South Monroe Street Tallahassee, Florida 32399-0250 (904) 488-8427 August 15, 1995 Honorable Danny L. Kolhage Clerk of Circuit Court Monroe County 500 Whitehead street Key West, Florida 33040 Attention: Isabel C. DeSantis, Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your letter dated August 4, 1995 and certified copy of Monroe County Ordinance No. 95-23, which was filed in this office on August 15, 1995. Sigf?Y, ~ Liz Cl~ Chief Bureau of Administrative Code LC/mw '1 1J ). i ~WU ) :JO~NI~~ , Hi": 'j\ n , '1 N 'i l \1: 8" II 9f\V 56. ,,',", - , -,~'.'''; ,Qj"'liJ ~~j\J,J_l':~ .' - ~:;'I1C[Pi;~, UDE CORPGPATlON S~p~leIPl' Dep3rtlenl o)J ~;o:x t2,,~:; T~1Iaha~52rt VI ?]31&-~215 ~"1~:112I1c;1t 58 CB/22/~5 . WE nave re~ej;ed the following laterial, T;1d YOll hr jour a~sistan(e and coopenhon. G,j:nan(e Nos. 22-1995, 2~t995 and 24-1995. 'e:\se hf: :;u.'lsed that lie hht: not recel\ed 1,fI3r>:~ Ho, 026-1~9S for our lites, RO~-2E2-[DrE (Nationall KTT . ---=---=-' I'.......::... ='-==--=.1 ~ ~/r,H~.ac::..:.-' =-IIP~.- ,---~ " ~/ r '" ~... ~~w""C~.~---==.-~ <: t \S'.~ ,ii U ~ PGSTA"E1< ". \S'~..- _/~ .0. lJ I~ AUG22'95 f'l1tV: ,'?- 'II; " 1"1'- ~' ~~ '~ ~:, ^', = 2 0 '< .\ ,c:-L~~' P.B'of IE R ----. ~ . . ,867224 <<; TO: Ms. Ruth Ann Jant2e~ Depdy Clerk "ooroe Connty PO Box 1980 Key West, fl 32040 al!PlVING THE UI=I,.." k.V. 1'0" OYE" 10 YEA". BOX 1197 . TAVERNIER, f:LA. 33070 (305. 862.3218 FAX 852-8248 DAONY WOLPP ldltor . Publllher STATEMENT OF PROOF OF PUBLICATION ST A TE OF FLORIDA ) COUNTY OF MONROE ) Before the undersigned authority personally appeared DAGNY WOLFF, who on oath, says that she is EDITOR and PUBLISHER of THE REPORTER, a weekly newspaper entitled to publish legal advertising published at Tavernier, Monroe County, Florida: that the attached copy of advertisement, being a LEGAL ADVERTISEMENT IN THE MATTER OF NOTICE OF INTENTION IN THE Court, was published in said newspaper hi the issues of _ 6/29 and 7/6/95. Affiant further says that the said REPORTER is a newspaper published at Tavernier, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in the said Monroe County, Florida, each week (on Thursday), and has been entered as second class mail matter at the Post Office in Tavernier, in said County of Monroe, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any firm, person, or corporation any discount, rebate, commission or refund for the purpose of securing this said advertisement for publication in the said newspaper. ~..b~~ SEAL f SWORN TO AND SUBSCRIBED BEFORE ME THIS _6TH_ DAY OF __JULY_A.D. . 1995__ :d~. // ~ . NOT ARY PUBLlC.;:-'~;,~Qvc DAVEE R DOVE .' . My CommM..l..n CC431878 MY COM MISS It} .. as: Expires Feb,06. 1999 )' Bu.odlou DY _ -'.fq/)fflll~ 800-852-5878 NOTICE OF INTENTION TO cONSIDf;R ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tuesday, July 18. 19957"\t 100OQ..A,M; at the Holiday Inn Beachside, 3841 No~ Roosevelt Boulevard:'Key West, Monroe County, Rorida, the Board of County Commissioners of Monroe County, Rorida. intends to consider the adoption of the following County ordinance: ORDINANCE NO, 1995 AN ORDINANCE AMENDING SEC. 11-7, MONROE COUNTY CODE, ADDING NEW SUBSECTION (e) PROVIDING FOR REGU- LATION OVER,STORAGE FACll..ITIES FOR WRECKER OPERA- TORS; PROVIDING FOR REVISED NUMBERING OF REMAINING SUBSECTIONS; PROVIDING FOR SEVERABll..ITY; PROVIDING FOR REPEAL OF All ORDINANCES INCONSISTENT HEREWITH; PROVIDING FORINCORPORA TION INTOTIIE MONROE COUNTY CODE; AN};) PROVIDING AN EFfECfIVE DATE, Pursuant to Section 286.0105. Florida Statutes, notice is given that if a person decided to appeal any decision made by the Board with respect to any matter consideted at such hearing or meeting, he will need a record of the proceeding$, and that, for such purpose, he may need to ensure that a verbatim recOl'd of the proceeding$ is made, which record includes the testimony and evidence upon which the appeal is to be based, Copies of the above-referenced ordinance are available for review at the various public libraries in Monroe County, Rorida, DATED at Key West, Rorida, this 22nd day of June, 1994. DANNY L. KOLHAGE Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe COlInty, Rorida Published: 6I1!J and 7/6/95 The Reporter Tavernier, F1.. 33070 KE)tJWEST mZEN 8.() c - (' . r3Rt ~ Published Daily Key.\Vest, I\'Io~l'oe County, Florida 33040 STATE OF FLORIDA COUNTY OF MONROE: Before'the undersigned authority personally appeared Randy Erickson, who on oath says that he is Advel}ising .Manager or The Key Vvest Citizen., a daily newspaper published at Key West in Monroe County, Florida; thet the ettached copy of the advertisement, being a leeel notice ;~ the matter Of~O'(YC( o~ ~ '01~1\D'" / Avv,R..tv1.I'''1 s ~ C t\'o 1'\ \ \ - ~ in the \1\~ issues or ---& i...df\~ 'l "l J 0 ,\- coun, 'Nas cublished in said ne"vsoacer in the . I . i .J, 3 fc( I I l q c[~ Afj,i.?o~t, f.urt.~,er ,q'?-ys th,aI the s~jd T~e ;<61 V/est ~itiz.en' is a neY-l~pape( p~b,lished at l<ey \Nest,' in s.aidJllonroe County, Florida, and th2t the said,n'e\'/spaper ~'as heretofore been oontinuousiy publisiied' in. said MOnica County, Florida, each day (except Saturdays and specijied holidays) and has been entered as second-class mail matter at the post office in Key West, in said Monroe County, Flerida, for a p~ried of 1 year next preceding the iirst publication of the attached cepy of aGveIiissmsnt; and affiant further says thaI he has neither paid nor promised any person, iirm or corporation any discount, rebate, commission or refund for the purpose ef securir:g this e.overtisement for publication in the seid newspaper. oq<?s~q _,199'5 Sworn to and subscribed befere me lhis SE.:.!. r ""." ,-----.~. S....... . . ...:.'~ . ..,..:' N " D' ,. ) l~1t.'''.p~~~~\ ~~t0~1\!r~.:q,~)" 01, rj. uo!:c ".: A\.~ y ,"j,""!'-"'~' If ,,\, '.."' ,.4 If \;i;~..~l E}',PF1f~> to1_::r~~?.<~;;)SG I '<,9f.:,~~"-"' Bondell ~~,!<!:ti'i"Lh,:",~!:~j_",'i~~,:ar!.J, ,.,. ,.,....~.:.:;.._~.... Expires: ~p.j> . Personally l<r1own ./' er Produced !ceniiiic2.tien Type of Identification Produced (Name of Notary Public) . NOTICE OF INTENTION TO CON- . SIDER ADOPTION OF COUNTY ORotNANCE NOTICE IS., HERESY. GIVEN Tq WHOM IT MAY CONa:RN that on Tuesday, July '~8, 1995, at 10:00 a,m. at the. Holiday Inn Beachside, 3841... North HOQsevelt . Boulevard. Kj:lY. West,' MolVQEI County, Florida, th~BoardofCQlinty Oommissioners ofMonrQe County, Florida, Intend to consider the adoption of the follow- ing COllnty ordinanoe: ORDtNANCE NO -t995 ' AN OROINAN.c:l;: AMEN.DING SEC- TION 11-7,MONROE COUNTY' CODE, ADDING NEW SUBSEC- TION (e) PROVIDING FOR REGU. LATION OVER STORAGE FACILI- TIES FOR WRECKER OPERA- TORS; PROV,DINGFOR REVISED NUMBERING OF REMAINING SUB- SECTIONS; PROYIDING FOR SEV- ERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN- CONSISTENT HEREWITH; PRO- VIDING FOR INCORPORATION 'INTO THE MONROE COUNTY , CODe OF ORDINANCES; AND PROVIDING AN..EFFECTIVE DATE, Pursuanlto Sectic>n 286,0105, Flor- id<;i' Statutes,' notice is given that il'a persorfdecld'es to-appeal any deei- slcin made 'bY'the Bo;:ttd w'it)l respect to any matter considefE!d at the hear. lng, hEpy;i1l ri~~'arecord pfthe pro- ceedll)gs. an~~at, for such purpose, Iul may:O~ijCIlP enSl,Jre that a verba,' .~.trtn..'.,r..,~y..~.!~.,ct;:.:o.n<'l~~ .I')~ocee. dirigs is ~~e.....",'w. !W. ,Cb...,.r~~. r~. InclUdes the les- timony: ~f1~; E1v~e:nceuponwhich the apPSllldli:to .oticb-.sed,;. ' , Copl$Sbf:tr.te~~v,e.referenced ordi. nance.. are.a..vai.'abl.~.fO. r review at the various public libraries in Monroe County. Florida. '.. . , DATED at Key West, Florida, this 22nd day 01 June, 1995. . . DANNY L., KOLHAGE Clerk of the CirculfCqurt and ex officio Clerk of th~Boardol County Commissioners 01 Mon roe County, Florida. June 27th & July3rd.1995 KE)QMrEST ITIZEN 8,rO' C. C', lJtj~ -1 ~ , pq.blished Daily Key..\Vest, IVIonroe County, Florida 33040 STATE OF FLORIDA COUNTY OF MONROE: Before'the undersigned authority personally appeared Randy Erickson, who on oath says that he is Adver}ising Manager of The Key West Citizen', a daily ne','Jspaper published at Key West in Monroe County. Florida; that the attached copy of the advertisement, being a legal notice N06\\t-R. d jy\ljY'\~ 'ov0 ~ ~-<'- nd. \'\'"'\~ ~c. 1.\'01\,) ll~ vr in the --D.l ~ issues of -d lAYl'< court, 'Nas Dublished in said ne':vspaoer in the , , in the matter of fJ,"7 <I- ,j"'~1 '1/ \C\qS ; Aff.i.?~( f,urt,0.e (.q?Ys th,at the said Ti;a ;~ey V-/est ~itizen is a ney-/~pape~ p~b,lished 2t I<sy vVest,' in s'aid }V:onroe County, Florida, and that the said. n'e'Nspaper has heretofore been continuousiy publisiied' in' said Monroe County, F!orida, each day (except Saturdays and speciiied holidays) and has been entered as second-c!2ss mail matter at the post office in Key 'Nest, in said Monroe County, Florida, for a p~ricd of 1 year next preceding the iirst publlcation of the attached copy of advertisement; and aiiiant further says that he has neither paid nor promised any person, firm or corporation 2ny discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this _,199-5 Expires: Personally I( ,0 I n ~ or Produced'lden1iiice.tion Type of Identification Produced '- Nt;r:;(~Yl~tr.;" of Notar; PubHe) MY COMMiSSlml # CG 354124 i , EXPlllES: Marcl19. 1996 I " !lo~oo~ Tt;ru Nt.lary Public UnddlWlitars ' --..---- I ame of Notary Public) s~!..!. a NOTICE OF INTENTION TO CON- SIDER ADOPTION OF COUNTY ' ORDINANCE' - .,NOTICE IS''HEREB,Y; GIVEN :TO - ';WHOM IT MAY CONCERN'that on , Tuesday, July 18, 1995, at 10:00 'a.m. at the Holiday Inh .Beachside, 3641 North• Roosevelt Boulevard, Key West,'Monroe County,"Florida, - the Board of County.Commissioners of Monroe,Couhty;Florida;'Intend to 'consider,the:adoption ,of the follow- ing County ordinance: '.ORDINANCE NO-1995• AN ORDINANCE AMENDING'SEC- TION 11-7,MONROE•COUNTY' .COD'E,,ADDING NEW SUBSEC-' TION(e)'PROVIDING'FOR:REGU-' LATION OVER STORAGE FACILI-.; _ TIES,FORWRECKER OPERA=''" TORS;PROVIDING FOR REVISED I NUMBERING OF REMAINING SUB- - - I SECTIONS;PROVIDING FOR SEV ERABILITY;;PROVIDING FOR THE REPEAL`OF ALL ORDINANCES IN- CONSISTENTHEREWITH;PRO- . - VIDING'FOR INCORPORATION INTO THE MONROE COUNTY;, CODE-OF,ORDINANCES;AND PROVIDING AN EFFECTIVE-DATE. Pursuant"to'Se'ction 286.0105,'Flar-0 ida-Statutes;;notice;is given•that if'a person decide5:to.appeal'any deci- sion made by the Board,with respect Ito any matter considered at the hear- ing, he•will need a record'of:the,pro- ceedings,and that;`for•sucth purpose, • he may need to ensure that a verba- tim record of the proceedings is . made,which record includes the tes- I timony and evidence upoh which the ; • appeal is to be based:• •' • Copies of the above-referenced ordi= nance are available for review af'the• various public libraries in Monroe County,Florida. " . DATED at Key' West; Florida, this ' 22nd day of June,1995: , ' DANNY L.KOLHAGE Cler,.k Of the:Circu t;Gourt and. ez officio Clerk of,the'Board of- • .County Commissiorfers of Monroe_ .County,Florida. - r•June 27th&July 3rd 1995 — PROOF OF PUBLICATION 1- THE FLORIDA KEYS KEYNOTER . - Published Twice Weekly MARATHON, MONROE COUNTY, FLORIDA STATE OF FLORIDA ) COUNTY OF MONROE) • Before the undersigned authority personally appeared Tom Schu.maker who on oath, says that he/she is P u b l i s h.e r of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published at MARATHON, in MONROE COUNTY, FLORIDA; that the attached copy of advertisement, being Notice Of Intention To Consider Adoption Of County Ordinance • IN THE MATTER OF: Ordinance Amending Sec . 1 1 -7 Monroe CountL_Code___ . in the • Court was published in said newspaper in the issues of • June 28,, July 5 1995 [no.7575300 - Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE at MARATHON, is said MONROE COUNTY, FLORIDA, and that the said news- NOTICE IS HEREBY GIVEN TO paper has heretofore been continuously published in said MONROE COUN- WHOM MAY CONCERNthat, on Tuesdd MAY July 18, 119 995, at 10:00 a.m. at the Holiday Inn; TY, FLORIDA, twice each week (on Wednesday and Saturday) and has been BeRoose- velt Bode. 3841d North R Mon- roesentered as second class mail matter at the post office in MARATHON, in CountyCo Co, misFlor io,erths BoardfMon- roe of Commissioners of Mon- roe County, Florida, intends to said MONROE COUNTY, FLORIDA, for a period of one year next preceding I consider the adoption of the fol- lowing County ordinance: the first.-publication of the attached copy of advertisement; and affiant fur- ORDINANCE NO. -1995 ther says that he has neither paid,nor promised any person, firm, or corpo- SEC. C.• 11-ORD7ANCE AMENDING' , MONROE COUNTY! CODDDING NEW SUBSEC-' ration anydiscount, rebate, commission or refund for the purpose of recur- ', TONE(eA ROVDINGFORREGU- REGU- LATION OVER STORAGE FACILI- TIES FOR WRECKER OPERA- ing this advertisement for publication in the said newspaper.(SEAL) TORS: PROVIDING FOR RE- VISED NUMBERING OF RE- MAINING SUBSECTIONS; PRO- VIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL '.. ----:--1: ze.i....,,L . . OF ALL ORDINANCES INCON- SISTENT HEREWITH; PROVID- .ING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PRO- VIDINGAN EFFECTIVE DATE. PvMICHEAL R.FORREST'E[. - Pursuant to Section 286.0105, O nr� Florida Statutes, notice is given . —�. CommExp. 1/03/99 ' that if a person decides to appeal ;.�. l" C,� n p ti y �o El UOM1 �� any decision made by the Board WA6+ix��� G kTOTAP. 'oJ Bonded By S0rvice Ins , with respect to any matter con- arum sidered at the hearing, he will 9 €T 1'DD •Oj� PUBLIC Yy�' need a record of the proceedings, a to No. CC431326 purpose,g $ and that, for such he Stij 0 f14i2g !��iJa�?LTC ;_ iz42rx may need to ensure that,a verbs- [ Pef7ona11y Known [}U I I.O. tim record of the proceedings is , 66/E /1 'dxa Llt 403 fa O•L_ ©� made,which record includes the SWORN 'FL3INIMOS'UMWEIR-ED t ORE ME THIS th testimony and evidence upon which the appeal is to be based. Copies of the above-referenced ordinance are available for review, at the various public libraries in t Monroe County,Florida. DAY OF r_ July ___r _M_ _ A.D. 19 9 5 -- DATED at Key June, t Florida,this 22nd I �• DANNYL.KOLHAGE' Clerk of the Circuit Court t -- — �_N_ andexoeCo Clerkty, l ida Board of County Commissioners I of Monroe County,Florida I —� I Publish:June 28,July 5,1995 I Florida Keys Keynoter • NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tuesday, July 18, 1995, at 10:00 a.m. at the Holiday Inn Beachside, 3841 North Roosevelt Boulevard, Key West. Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County ordinance: ORDINANCE NO. -1995 AN ORDINANCE AMENDING SEe. 11-7, MONROE COUNTY CODE. ADDING NEW SUBSECTION (e) PROVIDING FOR REGULATION OVER STORAGE FACILITIES FOR WRECKER OPERATORS; PROVIDING FOR REVISED NUMBERING OF REMAINING SUBSECTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES: AND PROVIDING AN EFFECTIVE DATE. Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal any decision made by the Board with respect to any matter considered at the hearing, he will need a record of the proceedings, and that. for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Copies of the above-referenced ordinance are available for review at the various public libraries in Monroe County, Florida. Dated at Key West. Florida, this 22nd day of June, 1995. DANNY L. KOLHAGE Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida (SEAL) Mayor Freeman ORDINANCE NO. - 199 5 AN ORDINANCE AMENDING SEC. 11-7. MONROE COUNTY CODE. ADDING NEW SUBSECTION (e) PROVIDING FOR REGULATION OVER STORAGE FACILITIES FOR WRECKER OPERATORS; PROVIDING FOR REVISED NUMBERING OF REMAINING SUBSECTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA. that: Section 1. A new subsection (e) shall be added to Sec. 11-7. Monroe County Code. as follows: Ie) Storaoe Facilities. ( 1 ) Wrecker oDeratas sha" crovide storage facilities which shall be maintained at the oeerator's elac. of business. These facilities must be fenced and locked for the crotection of vehicles and erocerfv. (2) The wrecker oeerator shall crovide storage for all imeounded/towed vehicles in' an outside storaoe area unless specific written instructions are given for inside storaoe bv the imeoundino law enforcement officer. If reauired for investioative eumoses. the wrecker oeerator shall move the vehicle Is) to a designated area for erocessino erior to storage. In such instance. the law enforcement agencv will not authorize release of the vehicle until all outstandina charces by the oeerator. as authorized by this section have been satisfied. (3) The wrecker oeerator shall not change the tyee of storace facility (inside or outside) afforded a vehicle without written eermission from the Trooe Commander or other Officer in Charce. The wrecker oeerator shall not chance the storace facility location without first obtaininc written eermission from the Trooe Commander or other Officer in Charae. (4) If impractical because of zoninc or other considerations such as lack of space. storace facilities may be maintained at a place other than a wrecker operator's place of business so lonc as the followinc reauirements are met as to such storace facilitv: a. The storace facility is located within 30 miles of the wrecker operator's elace of business. b. The storaoe facility must be owned or leased solely by the wrecker operator and vehicles stored by the operator must be separately fenced and locked, (51 The reoistered owner of a vehicle or the owner's representatives or owner's insurance adiusters, upon proper identification, shall be permitted to inspect or photooraph stored vehicles durino the hours of a:oo am to 5:00 pm, Monday through Friday. The wrecker ooerator shall not reauire the owner, adiuster or reoresentative to pay any fee in order to insoect or ohotooraoh the stored vehicle. (61 All fencino shall be chain-link or solid-wall type and at least six feet in heioht where oermissible under land use reaulations of the County to discouraoe theft of any vehicle or any orooerty beino stored inside. All storaae facilities shall be illuminated with Iiahtino of sufficient intensity to reveal oersons and vehicles at a distance of at least 150 feet durino niQhttime. (71 Permanent inside storage facilities must be available for 24- hour storaae when weather or other conditions reauire inside storaoe for the orotection of the vehicle or oersonal orooerty. A lean-to, tent or shed does not meet the requirements of this section. Inside storaoe must be within a weather-tioht buildino. lala. A minimum of 25 storaoe soaces with 3 inside storaoe soaces must be available. Wrecker ooerators who have been on a rotation system for the Florida Hiahway Patrol, Monroe County Sheriff's office, or the oolice deoartment of the City of Key West or the City of Lavton for six months orior to the effective date of this rule may continue on the list without reoard to the minimum storaoe soaces reauired herein, so lona as all other applicable provisions of these rules are met. b. Service bays or reoair bavs do not aualify as inside storaae, nor does anv area that is utilized for any activity other than servino as a permanent inside storaoe area, when vehicles are actually stored inside at the reauest of a law enforcement aoency or the owner of a vehicle. (9) Wrecker operators shall complY with hold orders placed by the law enforcement aoency, includino any instructions for inside or outside storaoe. Vehicles involved in a fatality and sealed by the traffic homicide investioator shall remain intact until the seals are removed by the investioator. No prooerty 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 uoon valid oroof of ownership once the hold is released. 1101 A COOy of an inventory oreoared by the law enforcement aeency. of all personal prooertv found in a wrecked. disabled or abandoned vehicle shall be orovided to the wrecker ooerator. The wrecker ooerator shall oermit the removal of such orooertv by the vehicle owner or his agent from a stored vehicle durina normal business hours without charae, The aaent's authority shall be evidenced by a writina acknowledaed by the owner before a notary oublic or other oerson emoowered by law to administer oaths. A sianed receiot for each article removed by the owner or his aaent shall be obtained. Personal orooertv 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 II hold order" has been olaced. the wrecker ooerator will directly release any vehicle upon presentation of orooer oroof of identification and ownershio. If these conditions cannot be met due to unusual or extraordinary circumstances. the vehicle will be released onlY uoon authorization obtained from the law enforcement acency. 1111 Wrecker ooerators handling the initial tow shall exercise reasonable care and control of oarts and contents located in vehicles while under their orotection or while in storace. (121 Durine the hours from 8;00 am to 5:00 om, Monday throuch Friday, wrecker ooerators will provide adeauate stafflne at the storage facilitv so that oersonal orooertv may be removed from the vehicle or the vehicle itself may be released without undue delay. (131 Should it become necessary that oersonal property be removed from a vehicle or a vehicle be released when the storage facilitv is not staffed. the wrecker ooerator will be reauired to do so and allowed to charee a reasonable fee. Section 2. Subsections (e) and (f) of the existing Sec. 11-7, Monroe County Code shall be relabeled subsections (f) and (g). Section 3. 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 4. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 5. 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 6. 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 of said Board held on the day of , AD. 1995. Mayor Freeman Mayor Pro T em london Commissioner Harvey Commissioner Reich Commissioner Douglass (SEAL) Attest: DANNY l.KOlHAGE. Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA By By Deputy Clerk Mayor/Chairman EFFECTIVE DATE jordwrecker APPROVED AS TO FCl~ ~ / _ ~.,..LEGAL ~9!E1f . J 'h ~__~L~ -, '.J/?~ C / /<,,~ l;c;~(~. _c.;-