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Ordinance 97-3081ORDINANCE NO. 97-3081 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 MIAiMI 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 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: 2 (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 on a sign which meets the identical physical requirements mandated in Article XI (Towing 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. 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 an initial rate of Seventy -Five ($75.00) Dollars, unless modified pursuant to the procedures indicated herein, and acceptable methods of payment. Said methods shall include cash, check payable in U.S. funds.and credit card. The initial fee for the removal of the immobilization device shall be effective for a period up to and including December 15, 1998. Thereafter, a property owner may petition the City Manager to amend said removal fee upon demonstration to the manager under reasonable regulations promulgated by the Manager of increased costs including, but not limited to, cost of living increases, inflation and other matters relative to increased costs of doing business. The City Manager, within thirty days of receipt of the petition, shall report his or her recommendation to the City Commission. The City Commission shall act upon the City Manager's request within forty-five days. No more than one request for an individual property owner may be made more frequently than once any calendar year. 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 3 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". The sign shall meet the physical requirements contained in Article XI (Towing of Vehicles). (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. Notification to a person within reasonable access shall be made by a verbal warning. If the vehicle owner. operator or person legally in control of the vehicle is not within reasonable access. then, an attempt to notify shall be accomplished by making an announcement on the premises, using a loudspeakersvtem, if permitted and if available; in the event that there are several different businesses being served by a single parking lot, the Property Owner, shall make an announcement in the area of the parking lot. All announcements or notice attempts, made on the premises shall be logged by the owner of the premises or his designee delineating the time and date of the announcement. Said entry in the official records of the Owner or contractor shall constitute prima facie evidence that announcement and/or notice attempt was made consistent with the spirit and intent of this Ordinance. (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 maybe placed on any other wheel if placement on the front wheel on the driver's side is not feasible. (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. The City shall provide the Owner with a form copy of the warning sign simultaneously with the issuance of its immobilization license. (6) Availability - The property owner shall make available on a twenty-four (24) 4 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 for more than two (2) hours after the closing hour of the property owner's business, and if property owners business is open 24 hours continuously. then in no event longer than twenty-four (24) hours. After said period of time has expired the vehicle shall be released from the steel boot and may be towed or removed pursuant to the code pertaining to towing and no fee shall be assessed for release of the immobolization 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 Immobilization Log with information including but not limited to: date and time vehicle was observed illegally parked, compliance with Subsection C.(3) herein, 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. 5 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 "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", 6 "article," or other appropriate word. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect on the PASSED and ADOPTED this 4th day of 14th day of June , 1997. AT EST: 0-tA. r CITY CLERK 1st reading 5/21/97 2nd reading 6/4/97 F:IATTO\DOGt1TOWING2305 June ,, 1997. MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 00 0 M ) L4-1 0 001-1� 3 a) O 41 H b (1) U ri 1J a) •rl b u 0 G U v H •rl X a) • • r-1 PU U •rl Z 6 0 • OD U) • G a) • rl r-1 • b U • d 4 •