Ordinance 82-2292ORDINANCE NO. 82-2292
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING CHAPTER 44 OF THE CODE OF THE CITY OF MIAMI
BEACH BY ADDING ARTICLE X ENTITLED "ADOPTION OF STATE
TOWING STANDARDS; ADOPTING FLORIDA STATUTES 715.07,
AND IMPOSING ADDITIONAL REQUIREMENTS AND PENALTIES
FOR VIOLATIONS, REGULATING THE REMOVAL OF VEHICLES
PARKED WITHOUT AUTHORIZATION IN AND UPON PRIVATE PROP-
ERTY LOCATED WITHIN THE CITY OF MIAMI BEACH; REQUIRING
THE STORAGE OF SUCH VEHICLES WITHIN THE CITY OF
MIAMI BEACH; REQUIRING TWENTY-FOUR HOUR OPERATION
OF STORAGE AND PAYMENT SITES WITHIN THE CITY LIMITS
OF THE CITY OF MIAMI BEACH; REQUIRING ALL TOWING OPERA-
TORS OPERATING WITHIN THE CITY OF MIAMI BEACH TO OB-
TAIN AN OCCUPATIONAL LICENSE; PROHIBITING THE REMOVAL
OR TOWING OF VEHICLES PARKED ON CITY PROPERTY WITH-
OUT AUTHORIZATION BY THE CITY MANAGER AND/OR HIS DES-
IGNEE; PROVIDING CIVIL AND CRIMINAL ENFORCEMENT AND
PENALTIES FOR VIOLATION THEREOF; AUTHORIZING THE CITY
OF MIAMI BEACH LEGAL ASSISTANCE OFFICER TO BRING CIVIL
ACTIONS ON BEHALF OF AGGRIEVED PARTIES; PROVIDING FOR
ATTORNEYS' FEES TO BE PAID INTO THE GENERAL FUND; RE-
QUIRING NOTICE TO THE CHIEF OF POLICE AND/OR HIS DES-
IGNEE PRIOR TO REMOVAL OR TOWING OF VEHICLES BY OWNERS
OF PRIVATE PROPERTY AND VESTING IN THE CHIEF OF POLICE
AUTHORITY TO SUMMON TOWING OPERATORS FOR REMOVAL THERE-
OF; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFEC-
TIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
SECTION 1: STATEMENT OF PURPOSE
This Ordinance is intended to protect Miami Beach residents and visi-
tors from abusive practices by operators of vehicle towing and removal
companies. This Ordinance is enacted pursuant to §715.07(2)(a)(10),
Florida Statutes (1979).
SECTION 2: That Chapter 44 of the Code of the City of Miami Beach
is hereby amended by adding Article X entitled Adoption
of State Towing Standards (Florida Statute 715.07) to read as follows:
Section 44.64. Adoption of State Towing Standards.
Any person or firm engaged in the business of towing or re-
moving vehicles shall comply with all the requirements and
standards imposed by §715.07, Florida Statutes (1979).
Section 44.65. Additional Standards - Police Notification.
In addition to the provisions of §714.07, Florida Statutes
(1979), prior to the removal or towing of any vehicle from
private property, the owner of said property shall inform
the Chief of the Police Department of the City of Miami
Beach and/or his designee who shall have exclusive authority
to summon a towing firm for the purpose of removing the
vehicle.
Section 44.66. Additional Standards for Storage
of Towed Vehicles.
In addition to the standards imposed by §715.07, Florida
Statutes (1979):
(A) No vehicle towed or removed from private property with-
in the City of Miami Beach may be stored at a site located
outside the City of Miami Beach.
OFFICE OF THE CITY ATTORNEY • 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
(B) No vehicle may be towed or removed from private property
within the City of Miami Beach unless it is stored at a site
located within the city limits of the City of Miami Beach
open for the purpose of payment of towing and storage charges
and redemption of vehicles twenty-four (24) hours per day.
Section 44.67. Additional Standards - Occupational
License Required.
Every person and firm engaged in towing or removing vehicles
for profit must obtain an occupational license issued by the
City of Miami Beach.
Section 44.68. Additional Standards - Vehicles on
City Property.
No vehicle shall be towed or removed from property belonging
to the City of Miami Beach except with the authorization or
prior agreement of the City Manager and/or his designee.
Section 44.69. Additional Standards - Enforcement
and Penalties.
In addition to those penalties imposed by §715.07 Florida
Statutes (1979), violation of any provision of this Ordi-
nance (including any of the requirements of §715.07) shall
be subject to the following civil and criminal penalties.
(A) Civil Penalties
Any person or firm which violates or fails to comply with
this Ordinance shall be liable to the owner or lessee of
the vehicle for all costs of recovery (including all towing
and storage fees) plus attorneys' fees and court costs, and
shall in addition be liable to the owner or lessee of any
towed or removed vehicle for any damages to the vehicle
resulting directly or indirectly from the removal, trans-
portation or storage of the vehicle. The City of Miami
Beach Legal Assistance Officer is hereby authorized at his
discretion to bring civil action on behalf of aggrieved
parties. Attorneys' fees shall be awarded if a violation
of this Ordinance is found to have occurred, which fees shall
be paid into the City of Miami Beach General Fund.
(B) Criminal Penalties
Any person or firm violating or failing to comply with any
of the provisions of this Ordinance shall upon conviction be
fined not less than $500.00 per violation. Each violation
shall be considered a separate offense.
Section 44.70. Owners Vehicles.
The provisions of this Ordinance 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 said vehicle.
SECTION 3: SEVERABILITY
If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is, for any reason, held invalid or unconstitutional, by any
court of competent jurisdiction, such portion shall be deemed a separate
distinct and independent provision and such holding shall not affect the
validity of the remaining portions of this Ordinance.
- 2
OFFICE OF THE CITY ATTORNEY • 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
SECTION 4: EFFECTIVE DATE
This Ordinance shall take effect 10 days after adoption, on
January 30, 1982 .
PASSED and ADOPTED this 20th day of January
ATTEST:
///1144P;4_
City lerk
1st Reading - December 16, 1981
2nd Reading - January 20, 1982
GT:jj
(Requested by Commissioner Malcolm Fromberg)
APPROVED
L AL DEFT.
Rev. 1/4/82 - 3
Mayor
, 1982
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
:rdPr.e. lir' t.h ad,,,. -µ• .+i.+
F.S.1979
ayment of
hrough no
nation of
greement.
disposi-
•n shall
hold arti-
ng, clean-
ing estab.
delivery
rocessing
to whom.
is deliv-
arment,
means it
responsi-
it before
nt may
the time
r house -
'rig such
elivered
cleaning
claimed
ch laun-
led, fur -
article
a undry
d insur-
ent,the
>n shall
article
which
house -
dry or
e prop•
5n said
iabove
:dged
inter-
ensed
ty for
,posal
_n no
le for
f this
ledge
bsec-
a the
-ther
se of
gor,
e by
ider
edg-
the
.•
F.S.1979 PROPERTY; GENERAL PROVISIONS
right, title and interest of the pledgor and pawnbro-
ker.
History. --ss. 1. 2, ch. 57-811.
715.041 Recovery of stolen property from
pawnbrokers.—
(1) Any person who sells property to a pawnbro-
ker or pledges the property as security for a loan
shall present either a driver's license or other com-
parable identification to the pawnbroker. The pawn-
broker shall record the date of the transaction, the
type of identification, the name and address as it
appears on the item of identification, and the identi-
fying number appearing thereon and have the
record signed by the person from whom he receives
the property. This record shall be made available to
any law enforcement agency or officer upon request.
(2) The lawful owner of any stolen property in
the possession of a pawnbroker may recover such
property by informing any law enforcement agency
of the location of such property and providing the
agency with proof of ownership of the property pro-
vided a timely report of the theft of the property was
made to the proper authorities. Upon the receipt of
such proof, any law enforcement officer is author-
ized to recover the property -from the pawnbroker,
without expense to the lawful owner thereof, unless
the pawnbroker presents evidence of having re-
ceived proof of ownership of such property by the
person who sold' it to the pawnbroker or pledged the
property as security for a loan. Any property recov-
ered from a pawnbroker pursuant to this section
shall be returned to the lawful owner subject to its
use as evidence in any criminal proceeding.
(3) When the lawful owner recovers stolen prop-
erty and the person who sold or pledged the stolen
property to the pawnbroker is convicted of theft, the
court may order the defendant to make restitution
Pursuant to s. 775.089.
History.—s. 1, ch. 79-249.
cles715.05 Reporting of unclaimed motor vehi-
.—
(1) The person in charge of any garage or repair
• shop or automotive service, storage, or parking place
shall report in writing to the city police department,
Gr. the nearest police department where the estab-
- is located outside of an incorporated mu-
nicipality and the sheriff's department, the nearest
Florida Highway Patrol Office, and the Department
of Highway Safety and Motor Vehicles on a form
prescribed, prepared in quadruplicate, and fur-
nished by the Department of Highway Safety and
Motor Vehicles, any motor vehicle involuntarily
brought and left unclaimed in his place of business
for more than 10 days from date of storage.
(2) When the department receives notice of an
unclaimed vehicle as prescribed in subsection (1), it
shall search its files to determine the owner's name
and if any person has filed a lien upon the vehicle as
Provided by s. 319.27(2) and (3). Within 10 days of the
receipt of the notice, the department shall by certi-
fied mail notify the owner and any lienholders
shown in its files of the location of the vehicle and of
the fact that it is unclaimed.
(3) Nothing herein contained shall apply to any
licensed public lodging establishment.
Ch. 715
(4) Failure to comply with subsection (1) shall
preclude the imposition of any unreasonable storage
charges against such vehicle after 3 weeks from the
date of storage.
History. m. 1-3, ch. 63-431; a. 1. ch. 65-112: ss. 24, 35, ch. 69.106; s. 1, ch.
79-271.
715.06 Real estate; exploration for minerals.
—Where title to the surface of real property and title
to the subsurface and minerals on or under such real
property is divided into different ownerships, then
the surface owner and his heirs, successors and as-
signs shall be entitled to explore, drill and prospect
such real property, including the subsurface thereof,
for all minerals except oil, gas and sulphur without
being liable to the owners of the minerals, or any
party or parties claiming under such owners, for any
damages or for the value of such minerals, as it is
usual by customary prospecting methods and proce-
dures to take from such land for the purpose of ana-
lyzing and determining the kind and extent thereof.
History.—s. 1, ch. 67-120.
715.065 Jewelry stores; television or radio re-
pair stores; disposition of unclaimed articles.—If
any person fails to claim any article of jewelry or
other article delivered to a jewelry store or television
or radio repair store for repair, cleaning, or adjust-
ment, for a period of 1 year after such delivery, the
jewelry store or television or radio repair store shall
have the right to dispose of such jewelry or other
article by whatever means it may choose, without
incurring liability or responsibility to the owner of
such jewelry or other article. However, before the
jewelry store or television or radio repair store may
claim the benefits of this section, it shall, at the time
of receiving such jewelry or other article, give to the
individual delivering such jewelry or other article
notice in writing that the jewelry or other article
delivered may be disposed of by the jewelry store or
television or radio repair store unless the jewelry or
other article is reclaimed within 1 year from the date
of delivery. Notice by certified mail shall be given to
the person who deposits the jewelry or other article
of the intended disposition thereof 15 days prior to
said disposition. Any value of the jewelry or other
articles sold or disposed of pursuant to this section
which is in excess of the costs and expenses incurred
by the store shall be tendered to the person who
deposited the article, within 15 days after the sale or
other disposition of the article.
History. . 1, ch. 76-255.
715.07 Vehicles parked on private property;
towing.—
(1) As used in this section, "vehicle" means any
mobile item which normally uses wheels, whether
motorized or not.
(2) The owner or lessor of real property, or any
person authorized by the owner or lessor, which per-
son may be the designated representative of the con-
dominium association if the real property is a con-
dominium, may cause any vehicle parked on such
property without his or her permission to be re-
moved by a person regularly engaged in the business
of towing vehicles, without liability for the costs of
removal, transportation, or storage or damages
1025
Ch. 715
PROPERTY; GENERAL, PROVISIONS-
-
f_sasi711
caused by such removal, transportation, or storage, tiers, the signs must be posted not less than one b•
leu
under any of the following circumstances: each 25 feet of lot frontage.
(a) The towing or removal of any vehicle from b. The notice must dearly indicate, in notleas --
private property without the consent of the regis-
tered owner or other legally authorized person in
control of that vehicle is subject to strict compliance
with the following conditions and restrictions:
1. Any towed or removed vehicle must be stored
at a site within 5 miles from the point of removal in
any county of 500,000 or more, and within 15 miles
from the point of removal in any county of less than
500,000 population. That site must be open for the
purpose of redemption of vehicles on any day that
the person or firm towing said vehicle is open for
towing purposes, from 11:00 a.m. to 11:00 p.m., and,
when closed, shall have prominently posted a sign
indicating a telephone number where the operator of
the site can be reached at all times. Upon receipt of
a telephoned request to open the site to redeem a
vehicle, the operator shall have 1 hour to return to
the site or he shall be in violation of this section.
2. The person or firm towing or removing the
vehicle shall, within 30 minutes of completion of
such towing or removal, notify the municipal police
department or, in an unincorporated area, the sher-
iff of such towing or removal, the storage site, the
time it was towed or removed, and the make, model,
color, and license plate number of that vehicle and
shall obtain the name of the person at that depart-
ment to whom such information was reported and
note that name on the trip record.
3. If the registered owner or other legally author-
ized person in control of the vehicle shall arrive at
the scene prior to 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 the
payment of a reasonable service fee of not more than
one-half of the posted rate for such towing service as
provided in subparagraph 6., for which a receipt
shall be given, unless said person refuses to remove
the vehicle which is otherwise unlawfully parked.
4. The rebate or payment of money or any other
valuable consideration from the individual or firm
towing or removing vehicles to the owners or opera-
tors of the premises from which the vehicles are
towed or removed, for the privilege of removing or
towing those vehicles, is prohibited. tant to and obvi-
ouslyExcept for property app
a part of a single-family residence, and except
for instances when notice is personally given to the
owner or other legally authorized person in control
of the vehicle that the area in which that vehicle is
parked is reserved or otherwise unavailable for un-
authorized vehicles and subject to being removed at
the owner's or operator's expense, any property own-
er or lessor, or person authorized by the property
owner or lessor, prior to towing or removing any
vehicle from private property without the consent of
the owner or other legally authorized person in con-
trol of that vehicle, must post a notice meeting the
following requirements:
a. The notice must be prominently placed at each
driveway access or curb cut allowing vehicular ac-
cess to the property, within 5 feet from the public
right-of-way line. If there are no curbs or access bar -
than 2 -inch high, light -reflective letters on a eon- _
trastingbackground, that unauthorized vehicles will
be towed away at the owner's expense. The words _
"tow -away zone" must be included on the sign in not
less than 4 -inch high letters.
c. The notice must also provide the name and
current telephone number of the person or firm tow, a_
ing or removing the vehicles, if the property owner,
lessor, or person in control of the property has -
written contract with the towing company.
d. The sign structure containing the required no_ s
tices must be permanently installed with the bottom 1
of the sign not less than 4 feet above ground level --
and must be continuously maintained on the proper..l'='- 1
ty for not less than 24 hours prior to the towing or
removal of any vehicles.
e. The local government may require permitting y_ i
and inspection of these signs prior to any towing or -
removal of vehicles being authorized.
6. Any person or firm that tows or removes vehi.
cles and proposes to require an owner, operator, or —
person in control of a vehicle to pay the costs of
towing and storage prior to redemption of the vehi. ..
cle must file and keep on record with the local law
enforcement agency a complete copy of the current
rates to be charged for such services and post at the
storage site an identical rate schedule and any writ. -
ten contracts with property owners, lessors, or per-
sons in control of property which authorize them to
remove vehicles as provided in this section.
7. Any person or firm towing or removing any 73
vehicles from private property without the consent :-
of the owner or other legally 'authorized person in
control of the vehicles shall, on any trucks or other
vehicles used in said towing or removal, have clearly
indicated, in at least 2 -inch letters, such person's or
firm's name, address, and telephone number on the
driver and passenger side doors.
8. Vehicle entry for the purpose of removing the
vehicle shall be allowed with reasonable care on the
part of the person or firm towing the vehicle. Said
person or firm shall be liable for any damage occa-
sioned to the vehicle if such entry is not in accord-
ance with the standard of reasonable care.
9. When a vehicle has been towed or removed
pursuant to this section, it must be released to its
owner or custodian within '/ hour after requested.
Any vehicle owner, custodian, or agent shall have
the right to inspect the vehicle before accepting its
return, and no release or waiver of any kind which
would release the person or firm towing the vehicle
from liability for damages noted by the owner or
other legally authorized person at the time of the
redemption may be required from any vehicle own-
er, custodian, or agent as a condition of release of the
vehicle to its owner. A detailed, signed receipt show-
ing the legal name of the company or person towing
or removing the vehicle must be given to the person
paying towing or storage charges at the time of pay-
ment, whether requested or not.
(b) These requirements shall be the minimum
standards and shall not preclude enactment of addi-
tional regulations by any municipality or county.
1026
1
i
"i "•�"'
t�.�-.^,Y.r ' .^ms 't ' yt
tc.
1Fr�T-SF•L+R orf_
. = Y
• ti_ •
1
`-4 • r. f -Y .r G v.s ,,;� ,. ? L �.. �y • 'rte 4l..-x� i_ :`� � � Yir�1-tel' 1i.• -••••y •
• b9 rq .''•a+'S•4 .. ..� _ ' .. .-v 1r^ ' (tr.f+•,. ,req -�+•vt a, % i OIL
it ..�.�;wt,� `• �.�...._.: ...r •�..s k�..:F:�is-�-�.xli�,:.s..ar_�- sr.:�'� _.,:.� :.`�...., .
•
44ti e sl i i
•
r o„
y •� fir. .y rr. ♦ 'r- 1 ��• ✓ - .. •s.
::f.x.:.:•whif. •x:..w•ri:..s_4i'4a''rc' i�."$.fit- -SAO w:- • -' -ai ii!--'. » ' ia.i-+ 424.1 ►• •...faa cFi,r+' • 4 -r' .iC ::�..21.'s. ci. •.;Iti'+ +.' A ••,
•
i'- :r ..rt, '�3Cti.. �.•-.1R'n��'si� ` ` is
., ..� .. s 1"" s
A 1
1g;g 4 F
• (3) This section shall not apply to law enforce-
ment, firefighting, rescue squad, ambulance, or oth-
er emergency vehicles which are marked as such or
to property owned by any governmental entity.
(4) When a person improperly causes a vehicle to
be removed, such person shall be liable to the owner
Lam
t lefts
con -
will
•orris
n not
and
tow-
wner,
as a
d no-
ttom
level
•per -
ng or
itting
ng or
vehi-
or, or
sts of
vehi-
1 law
rrent
at the
writ -
r per -
em to
g any
nsent
on in
other
learly
n's or
n the
g the
n the
. Said
occa-
cord-
roved
to its
ested.
have
ng its
which
chicle
ler or
of the
own -
of the
thow-
owing
,erson
f pay -
mum
' addi-
nty.
L X ttr w L v
a
-'1' 3si '.' .- �Y.•r. h. , 1-a4 �..lr : •::
*itq
PROPERTY; GENERAL PROVISIONS
Ch. 715
or lessee of the vehicle for the cost of removal, trans-
portation, and storage; any damages resulting from
the removal, transportation, or storage of the vehi-
cle; attorneys' fees; and court costs.
History.—s. 1, ch. 76-83; s 221, ch. 77.104; s. 2, ch. 79-206, s. 2, ch 79-771;
s. 2. ch. 79-410.
1027
m
ri q
cri o
a•ri
o+�
d0 �
(U ri •H 0
•ri 4-1 •H .d ,,�
'0 $.1
o
cv co o r- 0
t10o
'>
I 0 0 CD (A
N a) •ri •H 0 a)
z oo v 4-) a •ri
H o a a +�
C7 • O o O •rl rl
oz < O
_ as
z ^H ••
H 4 N O (13
4-J 'CJ in U)
0 c v RI
,0 X u cu
U v) rn tir
• a) a! a)
T1 ri OD N
G o I~ •ri i
a •ri •rl •
to tai CJ 4-1
E-+ Cr)
W
U