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RESOLUTION 87-18919 RESOLUTION NO. 87-18919 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE ADMINISTRATIVE RULES AND REGULATIONS GOVERNING POLICE TOWING PERMITS, AS REFERENCED IN SECTION 44-53 OF THE CITY CODE OF THE CITY OF MIAMI BEACH WHEREAS, the Police Department has requested a revision in the Administrative Rules and Regulations governing Police Towing Permits to address the problems of vehicle storage, particularly abandoned and derelict vehicles within City limits ; and WHEREAS, the City Commission of the City of Miami Beach has determined that it is in the best interests of the City to revise the governing Administrative Rules and Regulations of police vehicle towing . The amended Rules and Regulations are attached hereto and are made a part hereof . NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, to amend the Administrative Rules and Regulations governing Police Towing Permits , as referenced in Section 44-53 of the City Code of the City of Miami Beach . PASSED AND ADOPTED TH I S 15th day of July , 1987 . Ir A YOR Attest : ;6t— City Clerk Approved as to Form: fwv4.4 Legal Department Dated : /•131 LB/HCM/ses #6 eetet 4 wire.e, vead PM►'"B f,,,, FLORIDA 3 3 1 3 9 *t NCORP$ORATED*i "VA CA TIONL,4 ND 1.1. S. A. " c.,,-fri, .40/ OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. 5/a 87 DATE: July 15, 1987 TO: Mayor Alex Daoud . a Members of th:- - Ity Com -Iss • • Rob W. PZe '15 1,FROM. �r Ai/ SUBJECT: REVISIONS TO THE ADMINISTRATIVE RULES AND REGULATIONS FOR POLICE TOWING PERMITS HISTORY: Section 44-53 of the City Code of the City of Miami Beach established by Ordinance No. 80- 2222 provides that the City Manager shall promulgate such Rules and Regulations as may be necessary to govern the discharge of services required under this Article, subject to approval by the City Commission. Such Rules and Regulations shall be known as the Administrative Rules and Regulations for Police Towing Permit. The last revision to the Rules and Regulations was effective December 17, 1986 (Resolution No. 86-18709). . BACKGROUND: The existing permittees have requested certain revisions to the Rules as a result of Miami Beach Wrecker and Towing Service dropping police towing operations, and the problem of vehicle storage particularly abandoned and derelict vehicles within City limits. The Police Department has reviewed the proposed revisions and has recommended the following: Revisions To Be Adopted Section 2. Storage Facilities PARAGRAPH ONE EXISTING: The permittee shall have available outside storage for approximately seventy five (75) vehicles. Said storage area will be enclosed in accordance with applicable zoning requirements to assure maximum security for impounded vehicles. The permittee shall provide a completely enclosed inside storage area (solid walls, roof and access door) for at least five (5) vehicles. Said area will be secured from unauthorized personnel. PROPOSED: The permittee shall have available outside storage for minimum of fifty (50) vehicles. Said storage area will be enclosed in accordance with applicable zoning requirements to assure maximum security for impounded vehicles. The permittee shall provide a completely enclosed inside storage area (solid walls, roof and access door) for at least five (5) vehicles. Said area will be secured from unauthorized persons. The City designate desi nate temporary storage where towing is required for special events. AGENDA t,\ .� ITEM DATE 7 ( S8'7- PARAGRAPH THREE EXISTING: In the event all storage facilities of any permittee are filled to capacity, the permittee shall NOT be relieved of responsibility to perform and is required to make such arrangements for storage as will fulfill the requirements of the City. All storage space used which is not listed in the original application must meet the requirements of the permit. No storage space or area shall be used unless prior written approval is obtained from the Miami Beach Police Department. Storage must be within the City limits of Miami Beach. ALL VEHICLES SHALL BE STORED INSIDE THE DESIGNATED STORAGE FACILITY AT ALL TIMES. PROPOSED: In the event all storage facilities of any permittee are filled to capacity, the permittee shall NOT be relieved of responsibility to perform and is required to make such arrangements for storage as will fulfill the requirements of the City. All storage space used which is not listed in the original application must meet the requirements of the permit. No storage space or area shall be used unless prior written approval is obtained from the Miami Beach Police Department. Storage must be within the city limits of Miami Beach for a period of at least three (3) business days (Monday - Friday) after which they may be removed to a facility, meeting the requirements of the contract, outside the city limits of Miami Beach but within Dade County, Florida. Recovered stolen vehicles and vehicles with a police "hold" for investigation or forfeiture shall not be stored outside the city limits of Miami Beach. Permittee may not charge an additional towing fee for removal of any vehicle from the city limits of Miami Beach for storage. An owner claiming a vehicle stored outside the city limits of Miami Beach shall be given the option of free transportation to his vehicle or having his vehicle returned to the permittee's Miami Beach storage facility without charge. ALL VEHICLES SHALL BE STORED INSIDE THE DESIGNATED STORAGE FACILITY AT ALL TIMES. Section 11. Vehicles Seized for Forfeiture EXISTING: Vehicles seized for forfeiture pursuant to the Florida Contraband and Forfeiture Act shall be stored for a period of up to, but no more than fourteen (14) days WITHOUT charge to the city. After that time, if forfeiture proceedings are to be instituted, the vehicle shall be removed to a city storage area facility, and towing charged as per established rates. If forfeiture proceedings are not instituted, the owner of the vehicle may be charged for the storage and towing, in accordance with the established rates. PROPOSED: Vehicles seized for forfeiture pursuant to the Florida Contraband and Forfeiture Act shall be stored for a period of up to, but no more than fourteen (14) days WITHOUT charge to the city. After that time, if forfeiture proceedings are to be instituted, the vehicle shall be removed to a city storage area facility, and towing charged as per established rates. If forfeiture proceedings are not instituted or if the vehicle is released to the owner for whatever reason, the owner of the vehicle may be charged for the storage and towing, in accordance with the established rates. 2 2 ._ -.. .+Ki'•'. `;fSt+.?;'a :T;ori.4+1'f1R:^, j. 4fw'*f"e s"ySr"•.yF: a,'.3 Section 21. Vehicle Classifications - Definitions PASSENGER VEHICLES.......CLASS 2 EXISTING: Includes sedans, compacts, station wagons, dune buggies, jeep-type vehicles, including all two passenger four-wheeled vehicles. PROPOSED: Includes sedans, compacts, station wagons, vans and pickup trucks of less than three-quarter ton capacity, dune buggies, jeep-type vehicles, including all two-passenger four-wheeled vehicles. Section 22. Rate Schedule TOWING CHARGES EXISTING: CLASS 1 $25.00 CLASS 2 35.00 CLASS 3 40.00 CLASS 4 50.00 To include use of flatbed where required. PROPOSED: CLASS 1 $25.00 CLASS 2 35.00 CLASS 3 40.00 CLASS 4 50.00 USE OF FLATBED WHEN REQUIRED (Tow Charge Included) 60.00 STORAGE EXISTING: CLASS 3.............................$7.00 per day NOTE: STORAGE RATE FOR THE CITY CONFISCATED VEHICLES TO REMAIN $5.00 PER DAY. PROPOSED: CLASS 3.............................$10.00 per day NOTE: STORAGE RATE FOR CITY CONFISCATED VEHICLES TO REMAIN $5.00 PER DAY UNLESS THE VEHICLE IS RELEASED TO THE OWNER FOR WHATEVER REASON TO BE INSERTED INTO RATE SCHEDULE: NOTIFICATION OF OWNER AND/OR LIENHOLDER BY CERTIFIED MAIL $5.00 3 • 3 • • Section 33. Abandoned Vehicles (New) Abandoned vehicles on public property or public highways, streets and right of ways shall be removed by Police Towing Permit Holder for abandoned vehicles as directed by the Police Department. 1. The Miami Beach Police Department issues and affixes "10 day stickers" on abandoned vehicles. 2. The Police Department shall notify by Certified Letters sent to registered owner and any lienholder advising of vehicle location, and that the vehicle will be removed after 10 days. 3. After 10 days, the Police Department will go to the vehicle location, and if it is still there, take a photograph of vehicle and instruct the Police Towing Permit Holder for abandoned vehicles to remove the abandoned vehicle from Miami Beach. 4. Vehicle is stored at salvage company for 45 days, as per Florida State Statutues. COMMENTS: The above changes in Rules and Regulations Governing Police Towing Permits will provide for a more effective program for handling police towing services required by the City. In separating abandoned vehicles from other types of police towing and requiring their removal from the City the day they are towed, will help to solve the overcrowded storage problem on Miami Beach. Subsequent changes will be required to City Code Section 44-5 2, Police Vehicle Towing, which will be placed on the Commission Agenda for first reading on July 29, 1987. ADMINISTRATION RECOMMENDATION: That the City Commission approve the revisions to the Administrative Rules and Regulations as recommended by the Police Department of the City of Miami Beach by adoption of Resolution enclosed. RWP/EJD/jh#7 itio# Enclosure: Resolution 4 4 ORIG$I AL RESOLUTION NO. 87-18919 (Amending the Administrative Rules and Regulations Govenring Police Towing Permits as referenced in §44-53 of the City Code of the City of Miami Beach)