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Towing and Immobilization of VehiclesARTICLE VI. TOWING AND IMMOBILIZATION OF VEHICLES* 'County Code cross reference--Towing of motor vehicles, § 30-461 et seq. Cross references: Businesses, ch. 18; police vehicle towing, § 106-191 et seq. State law references: Towing of vehicles on private property, F.S. § 715.07. Sec. 106-256. 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: Business enterprise means a unit of ewnomic organization or activity in the form of an individual natural person, sole proprietorship, corporation, partnership, organization, joint venture, trust, foundation, firm, group, society, association or any combination thereof engaged in the recovering, towing, removing and storing of parked vehicles from private real property at the express instruction of the owners of such real property. However, "business enterprise" shall not mean nor include in its meaning the term "property owner." Chief means the chief of the police department, that department of city government or its successor responsible for administering permits pursuant to this article. Express instruction means: (1) During business hours. A clear, definite and explicit written request by a property owner or agent, on a form approved by the city manager, to a business enterprise that a specific and individual vehicle parked without permission of the property owner be removed. Such owner or agent shall not be an officer, agent, employee or associate of the business enterprise. The request must indicate the time of the instruction and must be signed and dated by the property owner or agent in the presence of the employee of the business enterprise. (2) During nonbusiness hours. If there is no one authorized on the premises to give the permission to tow, the written contract that exists between the business enterprise and the property owner for the removal of vehicles parked without permission of the property owner. The city commission recognizes that many businesses close at a certain hour and that there may be no one at the premises authorized to give the express instruction or authorization to the business enterprise as required in subsection (1) of this section. In promulgating subsection (2) of this section, it is the express intent of the city commission to provide for a convenient and orderly process by which vehicles parked on private property, without the permission of the property owner, may be towed or removed during nonbusiness hours. Signage that clearly reflects the business hours must be posted on the premises and must clearly indicate that vehicles left on the premises after business hours are subject to being towed to an authorized storage facility. Parked means the state of a vehicle being left and unattended by its owner or operator. Permit means the certificate or document itself, which allows a business enterprise to engage in the activity of recovering, towing, removing and storing of parked vehicles from private real property at the express instruction of the owners of such real property. As used in this article, "permit" shall not mean a municipal or county occupational license. Property owner means that person who exercises dominion and control over private real property, including but not limited to the legal titleholder, lessee, designated representative of a condominium association, or any person authorized to exercise or share dominion and control over private real property. However, "property owner" shall not mean nor include in its meaning, the term "business enterprise." Recover means to take possession of a vehicle and its contents and to exercise control, supervision and responsibility over the vehicle. Regulation means a rule set forth within this article made applicable to business enterprises, the disobedience of which is sufficient grounds for revocation of a permit. Removing means the act of changing, by tow, the location of a parked vehicle from its location on private real property to the storage site of the business enterprise. Revoke means the action of the chief whereby a permit is annulled and made void. Storing means the act of placing and leaving a towed vehicle at a site where the business enterprise exercises control, supervision and responsibility over the vehicle. Towing means the act of hauling, drawing or pulling along a vehicle behind by means of another vehicle equipped with booms, car carriers, winches or similar equipment. Vehicle means a mobile item that normally uses wheels, including but not limited to cars, trucks, trailers and motorcycles. (Code 1964, § 44-72) Cross references: Definitions generally, § 1-2. Sec. 106-257. Declaration of legislative intent. This city commission finds and determines that the unauthorized parking of vehicles that cannot be removed constitutes a public nuisance and a public emergency affecting the property, public safety and welfare of the citizens and residents of the city. (Code 1964, § 49-71) Sec. 106-258. Adoption of state towing standards. Any person engaged in the business of towing or removing vehicles shall comply with all the requirements and standards imposed by F.S. § 715.07. (Code 1964, § 44-64) Sec. 106-259. Occupational license required Every person engaged in towing or removing vehicles for profit must obtain an occupational license issued by the city. (Code 1964, § 44-67) Sec. 106-260. Owners' vehicles. The provisions of this article shall not apply to the towing or removal of any privately owned vehicle by the operator of any vehicle towing or removal service when such service is performed at the request of the owner of the vehicle. (Code 1964, § 44-70) Sec. 106-261. Vehicles on city property No vehicle shall be towed or removed from property belonging to the city except with the authorization or prior agreement of the city manager and/or his designee. Further, if the registered owner or other legally authorized person in control of the vehicle arrives at the scene prior to the removal or towing of the vehicle, the vehicle shall be disconnected from the towing or removal apparatus and that person shall be allowed to remove the vehicle without interference upon payment of a reasonable service fee of not more than half the posted rate for such lowing service for which a receipt shall be given, unless that person refuses to remove the vehicle otherwise unlawfully parked. (Code 1964, § 44-68; Ord. No. 96-3036, § 1, 2-20-96) Sec. 106-262. Vehicles parked on private property; towing. (a) A property owner may cause any vehicle parked on his property without his permission to be removed by a business enterprise without liability for the costs of removal, transportation or storage or damages caused by such removal, transportation or storage, under any of the following circumstances: (1) When the property is appurtenant to and obviously a part of asingle-family residence property; (2) When the property is obviously not intended to be used for parking vehicles; (3) In the case of any other property, when notice is prominently posted on the property in compliance with F.S. § 715.07, or has been personally given to the owner or driver of the vehicle that the area in which such vehicle is parked is reserved or is otherwise unavailable for unauthorized vehicles; or (4) When the vehicle has been parked in the same place without authorization for more than 48 hours. (b) When any person causes a vehicle to be removed from property, he shall, upon request, immediately and without demanding compensation, inform the owner or lessor of such vehicle of the name and location of the business enterprise that has removed it. If the area from which the vehicle has been removed is unattended, the person causing the vehicle to be removed shall have prominent notice in such area of the name and location of the business enterprise that has removed the vehicle. (c) This section shall not apply to law enforcement, firefighting, rescue squad, ambulance or other emergency vehicles marked as such. (d} When a person improperly causes a vehicle to be removed, such person shall be liable to the owner or lessee of the vehicle for the cost of removal, transportation and storage, any damages resulting from the removal, transportation or storage, and attorney tees. (Code 1964, § 44-73) County Code cross reference--Towing of motor vehicles, § 30-461 et seq. Sec. 106-263. Security requirements. (a) All business enterprises shall file with the city's risk manager and have in effect an insurance policy or certificates of insurance in lieu thereof, which shall indemnify or insure the business enterprise for its liability: (1) For injury to person, in an amount not less than $300,000.00 to any one person and $300,000.00 for any one accident. (2) For damage to property, in an amount not less than $300,000.00 for any one accident. (b) Any such policy shall be issued by an insurance firm qualified to do business as such in the state and must name the city as an additional insured. The city must receive 30 days' advance written notice in the event of cancellation of the above policies. The insurance must be approved by the city's risk manager prior to the issuance of a permit. All certificates will be kept on file in the office of the city's risk manager. (Code 1964, § 44-74) Sec. 106-264. Permit required. (a) No business enterprise shall engage in the business of recovering, towing, removing and storing of vehicles parked on private real property and parked without the permission of the owner of the private real property unless such business enterprise shall first apply for and obtain, and subsequently maintain in unrevoked status, a permit issued pursuant to this article. (b) The requirement for a permit described in subsection (a) of this section is a requirement separate and apart from and in addition to any county or city requirements for occupational licenses. The required permit is a regulatory permit and not a revenue-generating permit. (c) Nothing in this section shall be construed to mean that a natural person cannot work in or for such business enterprises without such permit. There is no requirement that employees or agents of such business enterprises apply for and obtain the permit provided for by this article. The practice of a business enterprise to consider persons as independent contractors or employees shall not be construed to allow avoidance of the requirement That the business enterprise itself apply for, obtain and maintain a permit. (Code 1964, § 44-75) Sec. 106-265. Issuance of permit; fees; renewal. (a) A permit issued or renewed pursuant to the provisions of this article shall not be transferable from one business enterprise to another business enterprise. All permits shall expire on September 30 of each year following the date of original issuance. Permits shall be renewable annually. (b) There shall be permit fees as determined by the city manager, as established by administrative order, and as approved by the city commission. Such fees, whether initial or renewal, shall accompany the application and shall be nonrefundable subsequent to the filing of the application. All moneys received under this section shall be deposited with the director of finance of the city and shall be used to defray the expense of providing the services described in this article. (c) Permits shall be issued in the name of the business enterprise meeting the standards and requirements for permits. (d) The city manager or his designee is empowered and directed to issue permits to business enterprises that have met the standards and requirements for a permit and that are otherwise qualified for a permit. The city manager is hereby authorized and directed to promulgate reasonable rules and procedures for the application, issuance and revocation of such permits and a schedule of maximum allowed rates as permitted by F.S. §§ 166.043 and 715.07. (Code 1964, § 44-76) Sec. 106-266. Permitting of business enterprises (a) Application. All business enterprises desiring to obtain an initial permit or renew a previously issued and unrevoked permit shall submit an application in writing to the city manager or his designee on forms prescribed by the city manager. The application and all supporting documents shall be retained by the city manager. All applications shall include: (1) Name of the business enterprise; and (2) If the business enterprise is a corporation, the name, date and state under whose laws such corporation was organized, and if a foreign (out-of-state) corporation, whether authorized to do business in the state, the fictitious name under which the corporation may be doing business, the names of the principal officers, directors, resident agent and local representatives, and their business addresses; or (3) If the business enterprise is a partnership, the fictitious name under which the partnership may be doing business, the name, business address of each partner; or (4) If the business enterprise is a sole proprietorship, the fictitious name under which the sole proprietorship may be doing business, the name, business address of the natural person who owns, controls or directs the sole proprietorship; and (6) A list of all persons having a financial interest in excess of $2,000.00 in the business enterprise; and (6) A list of all persons with ownership interests in the business enterprise who have previously been denied a permit; and (7) The signature of the president or vice-president of the applying corporation; or, the signature of a partner of the applying partnership; or, the signature of the natural person who owns, controls or directs the applying sole proprietorship; and (8) Such other information and data as the city manager or his designee may consider appropriate. (b) Standards for issuance of a permit. The city manager or his designee shall approve the application for issuance or renewal of a license hereunder where he finds: (1) That the application has been fully completed and submitted; (2) That the initial application or renewal application fee has been paid; (3) That proof of insurance, as required in section 106-263, has been met; and (4) That the applicant has been subject to a complete background investigation as it affects the towing industry, conducted by the chief or his designee and it has been determined by the chief that: a. The applying business enterprise, if a corporation, does not have as an officer or director, a person who is or was an officer, director, partner or sole proprietor of a business enterprise which has a currently suspended permit or has had its permit revoked within five years of the date of application; b. The applying business enterprise, if a partnership, does not have as a partner a person who is or was an officer, director, partner or sole proprietorship of a business enterprise which has a currently suspended permit or has had its permit revoked within five years of the date of application; c. The applying business enterprise, if a sole proprietorship, does not have as the sole proprietor a person who is or was an officer, director, partner or sole proprietor of a business enterprise which has a currently suspended permit or has had its permit revoked within five years of the date of application; d. The permit is not revoked or currently under suspension; or e. No fraud or willful and knowing misrepresentation or false statement was made in the application. (Code 1964, § 44-77) Sec. 106-267. Revocation of permit; appeal; review. Any person dissatisfied or aggrieved with the decision of the chief, or his designee, with reference to any recommendation for denial of his application for such permit or the revocation or suspension of such permit, may within ten days after such denial, revocation or suspension, appeal to the city manager or his designee, who shall schedule a hearing on the matter; and upon the affirmance or approval of the action taken by the chief, such action shall be final. At this hearing, witnesses shall be sworn and the rules of evidence applicable to quasi-judicial proceedings shall govern. When the city manager or his designee upon the original review, determines that the applicant is entitled to such permit, the city manager or his designee shall immediately issue such permit or reinstate the permit if revoked or suspended, all conditions having been complied with. (Code 1964, § 44-78) Sec. 106-268. Additional requirements. (a) No business enterprise issued a permit under this article shall do any of the following: (1) Recover, tow, remove or store a vehicle except upon the express instruction and written authorization demonstrating a signature of the property owner or agent to the business enterprise requesting the tow or removal. Such agent shall not be an officer or employee of the business enterprise. No such instruction shall be considered to have been given by the mere posting of the notice as required by subsection (d)(1} of section 106-269. No such instruction shall be considered to have been given by virtue of the mere terns of any contract or agreement between a business enterprise and a property owner. No such instruction shall be considered to have been given where the instruction occurs in advance of the actual unauthorized parking of the vehicle. No such instruction shall be considered to have been given where the instruction is general in nature and unrelated to specific, individual and identifiable vehicles which are already unauthorizedly parked. (2) Tow or remove a vehicle where there is a natural person occupying the vehicle. (3) Recover, tow, remove or store a vehicle unless the business enterprise shall maintain trip record(s) relating to the previous calendar year. The trip record(s) must indicate at a minimum: a. The name of the business enterprise. b. The date and time of the day in hours and minutes when a specific vehicle was recovered, towed, removed and stored. c. The make, model, color, vehicle identification number, and license plate number of the specific vehicle(s). d. The precise address or description of the location from which the specific vehicle was removed. e. The full name of the property owner or designated representative who expressly instructed the removal of the specific vehicle. f. The name of the law enforcement department to whom notification of the towing or removal of the vehicle was given. (4) Recover, tow, remove or store a vehicle unless the vehicle shall be towed directly to the business enterprise's storage site and the vehicle shall not be kept in any temporary holding area. (5} a. For the first 48 hours, store or impound a towed vehicle unless the towed vehicle is stored or impounded within the confines of the city at an authorized storage facility; or b. After the passage of 48 hours, and if the vehicle has not been picked up by the owner, store or impound a towed vehicle unless at a distance which exceeds afive-mile radius of the location from which the vehicle was recovered, towed and removed unless no towing business is located within afive-mile radius, in which case a towed or removed vehicle must be stored at a site within 20 miles of the point of removal. (6) Recover, tow, remove or store a vehicle unless the business enterprise shall assist the registered owner in obtaining any identification and documentation of ownership as well as any personal effects, medical materials and perishable goods contained within the stored vehicle that the registered owner has requested. (7) Recover, tow, remove or store a vehicle unless the business enterprise shall file, and keep on record with the chief, a complete photocopy of any and all fully executed contracts, agreements or other authorizations, by and between the business enterprise, and any property owners for the removing of vehicles from the property owner's property. (8) Recover, tow, remove or store a vehicle unless the business enterprise's tow trucks or other vehicles, or equipment used in towing, and storage sites used in connection with towing operations, shall have been inspected by the chief or his designee for any violations of state, county or city laws, ordinances or regulations. (g) Use physical force or violence, or threat of physical force or violence, in dealing with persons who are responsible for administering this article or persons who have had or are about to have their vehicles recovered, towed, removed or stored. (10) Misrepresent or make any false statement in the conduct of the business enterprise. (11) Fail to maintain insurance as required by section 106-263 (12) Fail to satisfy a judgment arising out of the business enterprise prior to a permit renewal, unless a stay of denial is procured during the pendency of a court appeal. (13) Violate any of the provisions of this article, or rules and regulations promulgated thereunder, or F.S. ch. 715. (b) In conjunction with the issuance of the permit, and for good cause, the chief has the right, for a fee to be set by a resolution of the city commission, to require that each licensed towing company truck operated within the city be inspected by the police to ensure that it is a safe vehicle and in compliance with all insurance regulations and all legal requirements. This subsection is added for the protection of the city, and also may be utilized to defray the cost in carrying out the intent and operation of the article. The city manager has the power to suspend or reject the use of any towing vehicle deemed unsafe or not up to standard by the chief. {Code 1964, § 44-79(e), (g), (i)--(n), (p)--(u)) Sec. 106-269. Immobilization. (a) Occupational license required. No property owner or immobilization contractor shall engage in the business of immobilization of motor vehicles parked on private property without permission or authority unless such property owner or immobilization contractor shall first obtain an occupational license in accordance with the procedures set out in chapter 102 article V. For purposes of this section, the term "property owner" shall include and refer to the owner, lessee, or controller, person or entity otherwise in control of real property, their agents, servants, or employees. The immobilization contractor shall sometimes be referred to in this section as the "contractor'. The term "premises" shall mean the private property owned, controlled or used by a property owner for the parking of motor vehicles as its business or auxiliary to its business. {b) Immobilization license required. No property owner or contractor shall engage in the business of immobilization of motor vehicles which are parked on private property without permission or authority unless such property owner or immobilization company shall first apply for and obtain an immobilization license. (c) Requirements for immobilization license. No property owner or immobilization contractor shall be issued an immobilization license under this section unless there is proof of compliance with each of the following requirements: (1) Notice a. Notice must be prominently placed at each driveway access or curb allowing vehicular access to the property, within five feet from the public right-of-way line. b. The notice must clearly indicate on a sign which meets the identical physical requirements mandated in this article (article VI, Towing and Immobilization of Vehicles), that parking is reserved for customers only and unauthorized vehicles will be subject to immobilization and/or towing at the owner's expense. c. The notice must also provide the name and telephone number of the person or firm immobilizing the vehicle, the fee for the removal of the immobilization device, such fee not to exceed a maximum rate as set forth in appendix A ($25.00), unless modified pursuant to the procedures indicated in this article, and acceptable methods of payment. Such methods shall include cash, check payable in U. S. funds and credit card. The maximum fee for the removal of the immobilization device shall be effective from the date of adoption of the ordinance from which this section is amended [September 22, 1999]. d. The notices shall read substantially as follows (with the designated information to be inserted at the indicated spaces): (insert international symbol) ALERT! IMMOBILIZATION/TOW-AWAY ZONE ENTERING PRIVATE PROPERTY PARKING PERMITTED FOR (insert name of property owner) CUSTOMERS ONLY. IF YOU PARK YOUR VEHICLE AND LEAVE THE PREMISES, YOUR VEHICLE WILL BE IMMEDIATELY IMMOBILIZED SUBJECT TO A (insert fee) FEE TO RELEASE VEHICLE OR TOWED AT YOUR EXPENSE. IMMOBILIZATION PERFORMED BY: (insert name, address and telephone number to call to request removal of the immobilization device. e. The sign structure containing the required notices must be permanently installed with the words "Alert. Immobilization/Tow-Away Zone." The sign shall meet the physical requirements contained in this article. (2) lnspecfion of real properfy where immobilization is used to enforce parking restrictions. The property owner shall provide access to city manager or his designee in order to inspect the required signs on premises where immobilization is used to enforce parking restrictions. (3) Notification fo owner. Prior to immobilization, the property owner or immobilization contractor's representative shall attempt to notify the owner, operator, or person legally in control of the vehicle to retrieve it promptly or the vehicle will be immobilized. (4) Method of immobilization. Immobilization shall be accomplished by placing a steel boot to the front wheel on the driver's side of the motor vehicle. The steel boot may be placed on any other wheel if placement on the front wheel on the drivers side is not feasible. (5) Warning sign requirement. Upon immobilization, the property owner shall affix a warning notice written in English, Spanish, Portuguese, German and French, on the driver's side window of the vehicle, indicating that the vehicle is immobilized and that any attempt to move it will cause damage, and shall provide the telephone number to contact for release of the immobilization device, and the fee for its removal. The city shall provide the property owner or immobilization contractor with a form copy of the warning sign simultaneously with the issuance of its immobilization license. (6) Availability and response time. The property owner or immobilization contractor shall make available on a 24-hour, seven-days-a-week basis, attendants and equipment for the timely release of the immobilization device. The immobilization contractor is required to remove the immobilization device from the vehicle within 30 minutes of a call for said service by the owner of the immobilized vehicle provided payment to remove the device has been made. (T) Record of contracts. The property owner or immobilization contractor shall file and maintain on record at all times with the city manager or his designee a list of any and all current written contracts for immobilization services on private real property within the city limits. The list shall be kept current and shall provide the city with (a) the address of the real property; {b) the date of the agreement; © a contact name and telephone number at the premises. (8) Towing/removal requirements. An immobilized vehicle shall not remain immobilized on private property for more than 24 hours. After such period of time has expired, the vehicle shall be released from the steel boot and may be towed or removed pursuant to this article, and no fee shall be assessed for release of the immobilization device (9) Insurance. The property owner or immobilization contractor shall file with the city's risk management office and have in effect an insurance policy or certificates of insurance in lieu thereof, which shall indemnify or insure the property owner or immobilization contractor for all claims of damage to property resulting from any action or operation in connection with the service performed, such amount not to be less than $20,000.00 for each incident. (10) Recordkeeping procedures. The property owner or immobilization contractor shall keep an immobilization log with information including but not limited to: date and time the vehicle was observed illegally parked, compliance with subsection (3) of this section, the date and time of immobilization, the location/address of the real property where the immobilization took place, make, model, color and license tag number of the vehicle immobilized. In addition, the immobilization contractor shall include in the log the following release information: verification of vehicle ownership, the name of the person removing steel boot and the name of person requesting tow service, if applicable. All files, records, and logs shall be available for inspection and checking on the subject premises during normal working hours by the city manager or his designee. (11) Ethics and conduct. The property owner and immobilization contractor shall conduct their business in an orderly, ethical, and business-like manner at all times, and shall use every means to obtain and keep the confidence of the motoring public. All public contact shall be in a courteous and orderly manner. (12) Term of license. The term of an occupational license issued under this section shall be in accordance with chapter 102, article V. (d) Enforcement. If at any time a property owner or immobilization contractor shall tail or refuse to comply with, or violates, any of the provisions of this section, such property owner engaging the services of the immobilization contractor shall be subject to prosecution under the city's code enforcement system, in accordance with chapter 30. Additionally, the city may seek injunctive relief and/or follow procedures to revoke and/or suspend the occupational license as set forth in sections 102-383, 102-384 and 102-385 where there are repeated violations of this article. (e) Exemptions. Nothing in this section shall affect the rules and regulations governing any person or firm engaged in the towing and removal of vehicles parked on private property within the city. (f) Rebates. The rebate or payment of money or any other valuable consideration, directly or indirectly from the individual or firm immobilizing or removing vehicles to the owners or operators of the premises from which the vehicles are immobilized or removed, for the privilege of immobilizing or removing those vehicles, is prohibited. (g} Identification. The immobilization con- tractor's employees or agents shall wear identification tags stating the full name of the contractor and the name of the employee or agent; no identification worn by contractor's employees or agents shall use the words: "Enforcement", "Department", "Police", or "Parking". Said identification tags shall be prominently displayed on the front left side of the employee or agent's shirt. Contractor's employees or agents shall not wear uniforms that bear resemblance to police or parking department officers in Miami-Dade County. No badges may be worn by immobilization contractor or staff. All contractor vehicles shall display the company name (or name of joint venture, or individual owner or other entity ownership) on the driver and passenger side of the vehicle in letters al least three inches high. The company's address (or address of joint venture, or individual owner or other entity ownership) and telephone number shall be displayed on the driver and passenger side of the vehicle in letters at least one inch high. No contractor shall use the words "Enforcement", "Department", "Police", or "Parking" in its company name (or name of joint venture, fictitious name, or entity name). (h) Citizen complaints The immobilization contractor shall respond in writing to any complaints received by the city manager or his designee, concerning misconduct on the part of contractor or its employees or agents, such as excessive charges, poor business practices, discourteous service, damage to vehicles, failure to give notice as required by this ordinance. The city manager or his designee shall notify contractor of any complaints within five business days from receipt of the citizen complaint. Contractor shall provide any additional explanation or information with respect to the particular complaint within five days upon notification. A written disposition of the complaint will be forwarded to the contractor and the citizen complainant upon completion of the investigation. (Ord. No. 96-3055, § 2, 9-25-96; Ord. No. 97-3081, § 2(44-82), 6-4-97; Ord. No. 98-3147, § 1, 10-21-98; Ord. No. 99-3207, § 1, 9-22-99) Sec. 106-270. Penalties. (1) the city manager's designee shall enforce the provisions of this section. This does not preclude other law enforcement agencies from any action as necessary to assure compliance with all applicable laws. If an inspector finds a violation of this section, the inspector shall issue a notice of violation to the violator as provided in section 30-71. The notice shall inform the violator of the nature of the violation, amount of fine for which the violator may be liable, instructions and due date for paying the fine, notice that the violation may be appealed by requesting an administrative hearing within ten days after service of the notice of violation, and that failure to do so shall constitute an admission of the violation and waiver of the right to a hearing. (2) Violations shall be issued as follows: a. Fines 1. First offense: $100.00. 2. Second offense: $250.00. 3. Third offense: $500.00. 4. Fourth offense and all subsequent offenses $500.00 and the city may also revoke the contractor's business license pursuant to the procedures set forth in section 102-383, 102-384 and 102-385, and may be subject to a suit for injunctive relief to enjoin the operation of the contractor in violation of this section. (3) As an additional means for enforcemenUcollection and supplemental to above, when a notice or record of any past due penalties which became due and payable to the city after the effective date of this section is recorded in the public records of miami-dade county, said notice shall constitute a special assessment lien upon all real and personal property of the contractor owing such penalties, and shall remain a lien equal in rank and dignity with the lien of ad valorem taxes and shall be superior in rank and dignity to all other liens, encumbrances, titles and claims in, to or against the property involved. Such liens may be foreclosed or levied upon in the manner provided by law. (4) In addition to the above, a violation of this section shall constitute a misdemeanor and shall be punished by imprisonment not to exceed 60 days or by imposition of a fine not to exceed $500.00 or both. (Code 1964, § 44-80; Ord. No. 98-3147, § 2, 10-21-98; Ord. No. 99-3207, § 2, 9-22-99) Sec. 106-271. Liens for towing vehicles. Whenever a business enterprise removes a vehicle pursuant to this article, the business enterprise shall have a lien on such vehicle for a reasonable towing and storage fee. (Code 1964, § 44-81) Secs. 106-272--106-305. Reserved. ARTICLE VII. CRUISING Sec. 106-306. Purpose. The purpose of this article is to reduce traffic congestion and excessive noise and pollution and to ensure passage for emergency vehicles during hours when congestion occurs on Ocean Drive and Washington Avenue. (Ord. No. 93-2856, § 1(44-91 ), 7-14-93; Ord. No. 99-3180, § 1, 4-14-99) Sec. 106-307. Findings. The city commission has made the following findings (1) That those portions of the street known as Ocean Drive and Washington Avenue, which lie between Fifth and 15th Streets has become overly congested on weekends and national holidays as a result of an activity commonly known as "cruising." (2) The cruising of motor vehicles on Ocean Drive and Washington Avenue between Fifth and 15th Streets between the hours of 12:01 p.m. (noon) and 6:00 a.m. on weekends and on national holidays and after 4:00 p.m. on Christmas Eve and New Years Eve impedes the progress of traffic and emergency vehicles and promotes the generation of local concentrations of air pollution and undesirable noise levels. (3) The narrowness of Ocean Drive and the large number of persons traversing Ocean Drive and Washington Avenue in motor vehicles between Fifth and 15th Streets at certain hours on weekends and holidays necessitate the regulations set forth in section 106-309. (4) The regulations in section 106-309 are narrowly tailored to curb a problem unique to a portion of two streets within the city at particular dates and times and do not unreasonably interfere with constitutionally protected rights. (Ord. No. 93-2856, § 1(44-92), 7-14-93; Ord. No. 99-3180, § 2, 4-14-99) Sec. 106-308. 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: Cruising; unnecessary repetitive driving means driving a motor vehicle three or more times in any two-hour period between the hours of 12:01 p.m. (noon) and 6:00 a. m. on weekends or national holidays and after 4:00 p.m. on Christmas Eve and New Year's Eve, past a designated traffic control point established by the police department at or near a place where traffic is congested on Ocean Drive and Washington Avenue between Fifth and 15th Streets. Motor vehicle means any self-propelled device in, upon or by which any person or property is or may be transported or drawn upon a public right-of-way, excepting devices moved by human power or exclusively upon rails or tracks. National holidays means New Year's Eve commencing at 4:00 p.m., New Year's Day, Marfin Luther King's Day, President's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Christmas Eve commencing at 4:00 p.m. and Christmas Day. Unless otherwise specified herein each national holiday shall begin at 12:01 a.m. of the date on which it is observed nationally. Traffic control point means a clearly identified reference point located between Fifth and 15th Streets on Ocean Drive and Washington Avenue, as determined and marked from time to time by the police department. Weekend includes all hours between 6:00 p.m. on Fridays and 6:01 a.m. on Mondays. (Ord. No. 93-2856, § 1(44-93), 7-14-93; Ord. No. 99-3180, § 3, 4-14-99) Cross references: Definitions generally, § 1-2. Sec. 106-309. Prohibited. It shall be unlawful to engage in cruising. For purposes of this article, the person having control and/or ownership of a motor vehicle shall be considered the person cruising, without regard as to whether that person was actually driving the motor vehicle each time it passed the traffic control point. Having control or ownership of a motor vehicle means either the owner of the vehicle as stated on the vehicle registration, if present in the vehicle at the time of the violation, or if the owner is not present in the vehicle, the person operating the vehicle at the time of the violation of this article. (Ord. No. 93-2856, § 1(44-94), 7-14-93)