Loading...
Ordinance 96-3055 ORDINANCE NO. 96-3055 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA, AMENDING ARTICLE XI, ENTITLED "TOWING OF VEHICLES" OF MIAMI BEACH CITY CODE CHAPTER 44, ENTITLED "VEHICLES AND TRAFFIC" TO INCLUDE IMMOBILIZATION OF VEHICLES; CREATING SECTION 44-82,ENTITLED "IMMOBILIZATION PRIOR TO TOW OR REMOVAL"; REQUIRING PRIVATE PROPERTY OWNERS ENGAGED IN THE IMMOBILIZATION OF UNAUTHORIZED VEHICLES PARKED ON PRIVATE PROPERTY TO OBTAIN AN OCCUPATIONAL LICENSE ; ENACTING RULES AND REGULATIONS PERTAINING TO THE IMMOBILIZATION OF UNAUTHORIZED VEHICLES PRIOR TO TOWING; REQUIRING NOTICE; SETTING IMMOBILIZATION RATES; REQUIRING INSURANCE; SETTING RECORD-KEEPING PROCEDURES;PROVIDING FOR ENFORCEMENT; AMENDING SECTION 20-11 ENTITLED "SCHEDULE OF FEES" OF MIAMI BEACH CITY CODE CHAPTER 20 ENTITLED, "BUSINESS LICENSES" TO INCLUDE IMMOBILIZATION SERVICE; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE. WHEREAS,the City of Miami Beach finds and determines that private real property owners may cause the removal of unauthorized vehicles upon their private real property; and WHEREAS,the use of immobilization devices prior to the removal of unauthorized vehicles parked on private property is not prohibited by law; and WHEREAS, a private real property owner, upon proper notice to the public, may require adherence to rules prohibiting unauthorized parking on private property; and WHEREAS,the practice of immobilization upon commercial property is also a commercial venture and an occupation subject to the occupational license requirements of the City and reasonable regulation. WHEREAS,the City of Miami Beach deems it advisable and in the public interest to enact • provisions regulating private real property owners engaged in the act of immobilizing unauthorized vehicles parked on their property prior to requesting and/or arranging for their removal. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. AMENDMENT OF ARTICLE XI OF MIAMI BEACH CITY CODE CHAPTER 44. That Article XI, entitled "Towing of Vehicles" of Miami Beach City Code Chapter 44, entitled"Vehicles and Traffic" is hereby amended to read"Towing and Immobilization of Vehicles". SECTION 2. ENACTMENT OF SECTION 44-82 OF ARTICLE XI OF MIAMI BEACH CITY CODE CHAPTER 44. IMMOBILIZATION PRIOR TO TOW OR REMOVAL. That Section 44-82, entitled "Immobilization Prior to Tow or Removal" of Article XI, entitled "Towing and Immobilization of Vehicles" of Miami Beach City Code Chapter 44, entitled "Vehicles and Traffic" is hereby enacted as follows: A. No property owner shall engage in the business of immobilization of motor vehicles which are parked on private property without permission or authority unless such property owner shall first Obtain an occupational license in accordance with the procedures set out in Section 20 of this Code. 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 . Said term shall also include and refer to for purposes of this Ordinance, except as otherwise provided, any person or firm authorized by the owner, lessee, or controller to engage in the business of immobilization of unauthorized motor vehicles parked on private property of said owner, lessee, or controller,their agents, servants or employees. Said latter named persons 2 • or firm shall sometimes hereafter be referred to as "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. 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 shall first apply for and obtain an immobilization license. C. No property owner shall be issued an immobilization license under this Section unless there is proof of compliance with each of the following requirements: (1) Notice- Notice must be prominently placed at each driveway access or curb allowing vehicular access to the property,within five (5) feet from the public right-of-way line and at the entrance to any building served by the premises. The notice must clearly indicate, in not less than four(4) inch high, light-reflective letters on a contrasting background, that parking is reserved for customers only and unauthorized vehicles will be subject to immobilization and/or towing at the owner's expense. 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 fifty percent of the established allowable rates for the towing or removal of vehicles within City limits,and acceptable methods of payment. Said methods shall include cash, check payable in U.S. funds and credit card. 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 3 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 AND/OR TOWED AT YOUR EXPENSE FEE TO RELEASE VEHICLE (insert fee) IMMOBILIZATION PERFORMED BY: (insert name, address and telephone number to call to request booting) The sign structure containing the required notices must be permanently installed with the words "Alert. Immobilization/Tow-Away Zone" not less than three (3) feet and not more than six(6)feet above ground level and the dimensions of the sign containing the notice shall be no less than four(4) feet high and four(4) feet and wide must be continuously maintained on the property. (2) Provide access to City Manager or his designee in order to inspect the referred signs prior to any immobilization of vehicles being authorized. (3) Notification to Owner - Prior to immobilization, the property owner 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. An attempt to notify may be accomplished by making an announcement on the premises and the place of business served by the premises. Should the property owner visually observe the owner,operator or person in control of the vehicle departing the premises after having parked, the property owner shall be obligated to make reasonable efforts to notify the owner, operator or person in control of the vehicle that the car is subject to immobilization. (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. 4 • (5) Warning Sign Requirement-Upon immobilization, the property owner shall place a warning notice written in English, Spanish, Portuguese, German and French, on the driver's side of the vehicle indicating that the vehicle is immobilized,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. (6) Availability-The property owner shall make available on a twenty-four(24) hour, seven (7) day a week basis, attendants and equipment for the immediate release of the immobilization device. (7) The property owner shall file and maintain on record at all times with the City Manager or his designee, any and all current written contracts with any person or firm engaged in the business of immobilization upon said property owner's property. (8) Towing/Removal Requirements- An immobilized vehicle shall not remain immobilized on private property after the closing hour of the property owner's business, but in no event longer than twenty-four(24)hours. If the vehicle is not released within such period of time, the vehicle shall be towed or removed pursuant to the code pertaining to towing and no fee shall be assessed for release of the immobilization device. (9) Insurance- The property owner 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 property owner 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 Twenty Thousand and 00/100 Dollars ($20,000.00) for each incident. (10) Record Keeping Procedures - The property owner shall keep an 5 • Immobilization Log with information including but not limited to: date and time vehicle was observed illegally parked, attempts to notify the owner,operator or person in control, date and time of immobilization, description of vehicle, release information, verification of ownership, name of person removing steel boot, 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 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 20 of the Code. D. Enforcement. If at any time a property owner shall fail or refuse to comply with, or violates,any of the provisions of this Section, such property owner shall be subject to prosecution under the City's code enforcement system; in accordance with Chapter 9B of this Code. Additionally,the City may seek injunctive relief and/or follow procedures to revoke and/or suspend the occupational license as set forth in Section 20-42 and 20-43 of this Code wherein there are repeated violations of this Ordinance. E. Nothing herein 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 of Miami Beach. SECTION 2. AMENDMENT OF SECTION 2. SECTION 20-11, ENTITLED 6 3 "SCHEDULE OF FEES" OF MIAMI BEACH CITY CODE CHAPTER 20, ENTITLED "BUSINESS LICENSES". That Section 20-11, entitled "Schedule of Fees" of Miami Beach City Code Chapter 20, entitled "Business Licenses" is hereby amended as follows: License tax fees for the following . Businesses, occupations or professions are hereby levied and imposed as follows: W (226) WRECKER OR IMMOBILIZATION SERVICE $165.00 SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILITY. If any section,subsection,clause or provision of this Ordinance is held invalid,the remainder shall not be affected by such invalidity. SECTION 5. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article," or other appropriate word. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect on the 5 day of October , 1996. 7 PASSED and ADOPTED this 25 day of , -„,- 996. WO 0 MAYOR ATTEST: Seymo Gelber "Ro L..tt() CVt.CU CITY CLERK f\atto\diam\mld-mist\privtow.ord • FORM PSPPRO v_S. L Gal. D P . By =� Date 8 • • 4-I 0 • Iw Ln 3 v {n 0 .0 • 0 E. 0. • :n = ca • 1 • +fl b U • 01 a) • a) • • i-) "0 • 0 •H 0 • z 4-1 U • z a) p,. Z O 1.+ u H H •r1 4r1 H H O 4-I Fti DC 4-1 O O w as cr) r-1 • H 4 r 4.1 0 I•+ 0 R3 O ca a) O a) r i •r1 r-I U d U •rl a) .• 0 a) a"