RESOLUTION 88-19466 RESOLUTION NO. 88-19466
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING THE ESTABLISHMENT OF
ADMINISTRATIVE RULES AND REGULATIONS GOVERNING PRIVATE
PROPERTY TOWING PERMITS, AS REFERENCED IN ARTICLE XI,
CHAPTER 44, OF THE CODE OF THE CITY OF MIAMI BEACH,
FLORIDA
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, THAT:
WHEREAS, the City Commission of the City of Miami Beach has
adopted Article XI, Chapter 44 , providing, in part, for the
permitting and regulation of business enterprises engaged in the
towing, removing, and storing of vehicles parked on private
property within City limits; and
WHEREAS, the City Commission of the City of Miami Beach has
determined that it is in the best interest of the City to establish
the governing Administrative Rules and Regulations for Private
Property Towing Permits, which are attached hereto and made a part
hereof;
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
That the Administrative Rules and Regulations governing
Private Property Towing Permits as referenced in Article XI ,
Chapter 44 , of the Code of the City of Miami Beach, Florida and
attached hereto, are hereby approved.
PASSED AND ADOPTED this 9th • - fof i -tuber 1988
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ADOPTED BY CITY COMMISSION
CITY OF MIAMI BEACH
RULES AND REGULATIONS
GOVERNING
PRIVATE PROPERTY TOWING PERMITS
CITY OF MIAMI BEACH
Authorized under City of Miami Beach Ordinance No. 88-2633
Includes Revisions Authorized Through:
Established Pursuant to Resolution No.
CITY OF MIAMI BEACH
PAGE 1 OF 14
AGENDA
ITEM
DATE
1. AUTHORIZING ORDINANCE
These rules are promulgated pursuant to City of Miami Beach
Ordinance No. 88-2633 and are issued in order to implement the
intent of that Ordinance. Words and phrases used in these
regulations have the same meaning as attributed to them in the
Ordinance.
2 . COMMUNICATION SYSTEM
The Permittee shall provide his own two-way radio
communication system. The communication system shall be
between the Permittee's base station and service trucks
utilized in providing towing service.
3 . EXPRESS INSTRUCTIONS FOR TOWING
Before any vehicle is towed or removed from private property
by a Permittee, specific written authorization for the removal
of the vehicle must be obtained. Such authorization must
include the following information on a sequentially numbered
request form: Date, Time of day, Exact location of the
vehicle to be removed, Make, Model, Color and Vehicle
Identification Number of the vehicle to be removed, Address
of the property owner requesting the removal, Printed name and
signature of the property owner/resident agent requesting the
vehicle removal, Time of the removal of the vehicle, Printed
name of the tow-truck driver and time at which the towing of
the vehicle was reported to the City of Miami Beach Police
Department. A separate request form shall be prepared for
each vehicle towed. The form containing this information
should be substantially in the form as that "Confirmation
Card" attached hereto, as Exhibit A.
In the event that the business operated at the property
owner' s address is not open for business at the time of the
tow, then the signage posted on the property must clearly
indicate that vehicles left on the premises after business
hours are subject to being towed without further notice.
4 . SIGNAGE
All signage must be in compliance with Section 44-79 (4) of
City of Miami Beach Ordinance No. 88-2633 . Sign (s) posted at
the property must indicate the hours during which the property
owner' s resident agent is not available to authorize tows and
therefore during which time vehicles may be towed without
further notice subject to an existing contract by and between
the property owner and the towing company.
5. STORAGE FACILITIES
Any vehicle towed from a location within the City of Miami
Beach must be stored at an authorized storage location within
the city limits of the City of Miami Beach for a period of at
least forty-eight (48) hours.
If the vehicle owner, custodian or agent has not obtained
release of the vehicle within forty-eight (48) hours of the
towing of the vehicle, then the vehicle may be stored at an
authorized location within five (5) miles of the location from
which the vehicle was removed.
In the event that a storage facility is not available within
five (5) miles of the location of vehicle removal , then the
Permittee must supply a written statement affirming such
condition with his application and supply the required
information concerning his storage facilities within twenty
(20) miles of the location of vehicle removal.
CITY OF MIAMI BEACH
PAGE 2 OF 14
If any storage facilities are not under the direct control of
the Permittee, then a photocopy of the contract, lease or
other agreement between the Permittee and the property owner
must be submitted with the application for a permit.
Said storage area will be enclosed in accordance with
applicable zoning requirements to assure maximum security for
impounded vehicles. Said area will be secured from
unauthorized persons.
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
these regulations. 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 City Manager. 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.
6. PROTECTION OF TOWED AND STORED VEHICLES AND PROPERTY
The Permittee shall assume total responsibility to insure that
a towed vehicle shall remain in the same condition and retain
the same equipment at time of release that it had at the time
it was towed. The Permittee shall also assume responsibility
for any article(s) of value left in the vehicle and listed on
the Vehicle Storage Receipt.
7 . LOCATION CHANGES OF STORED VEHICLES
The Permittee shall not change the storage location without
keeping a detailed log of the date and time of any relocation.
8 . ATTENDANT ON DUTY
The Permittee shall make available adequate personnel to staff
his facility 24-hours, 7-days a week for the purpose of
releasing towed vehicles to owners, as prescribed by Florida
State Statute 715. 07 (as amended) .
9 . REPORTS/OWNER NOTIFICATION
The tow truck driver shall not remove a vehicle from private
property without completing a Confirmation Card. The
Permittee shall take all necessary action to notify the owner
of the vehicle as prescribed in Florida State Statute 715. 05
(as amended) .
10. RELEASES
The Permittee shall directly release any vehicle to it' s owner
or custodian upon payment of appropriate fees due within
thirty (30) minutes of such payment.
All vehicles which have not been claimed must be disposed of
according to state and county laws. The Permittee shall be
required to furnish a copy of public notice for sale, to the
Police Chief or his designee, at least ten (10) days prior to
the date of sale. The Permittee will also be required within
three (3) days after a sale, or if a title is surrendered for
payment, to submit a detailed listing of the serial number of
the vehicle, tow receipt number, year, make, model of vehicle,
monies received, purchaser's name, address and local telephone
number.
CITY OF MIAMI BEACH
PAGE 3 OF 14
11. REPORTS AND FILES
The Permittee shall maintain at his place of business a file
which will contain:
11. 1 Confirmation Cards, proof of owner/lienholder
notification and invoice of charges for all vehicles
towed and released.
11. 2 Notification Log indicating date, time and method of
notification to the registered owner/and lienholder of
an impounded vehicle, as well as other requested
information.
11. 3 A log indicating vehicles to be auctioned, date of
auction, name and address of owner and lienholder, and
date contacted.
11.4 A log indicating vehicles sold at auction, date auction
notice was published, proceeds of auction, and
distribution of proceeds.
All files, records and logs shall be available for inspection
and checking during normal working hours by the City Manager
or the Chief of Police or their designees. Permittee shall
make available adequate work space including, but not limited
to, a chair and a table, for City personnel inspecting
records.
12 . ETHICS AND CONDUCT
The Permittee shall conduct his 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.
13 . COMPLAINTS AND DISPUTES
Any complaints received by the City of Miami Beach concerning
misconduct on the part of the Permittee, such as excessive
charges, poor business practices, etc. , shall be referred to
the Office of the Chief of Police. If the situation cannot
be resolved, a recommendation for appropriate action shall
then be forwarded to the City Manager.
14 . COMPETENCY OF APPLICANTS
Pre-permit inspection of the existing or proposed facilities
will be made after the submission of application.
14 . 1 To receive consideration, applicant must identify a base
of operation and an authorized storage facility located
within the City of Miami Beach.
14 . 2 Applicant must have all necessary county and local
licenses and permits as may be required to operate the
type of requisite business.
14 . 3 The applicant is presumed to be familiar with all laws,
ordinances, rules and regulations that may, in any way,
affect the work. Ignorance on the part of the applicant
will in no way relieve him from any responsibilities
and/or duties he may have.
CITY OF MIAMI BEACH
PAGE 4 OF 14
15. ADDITIONAL REQUIREMENTS
15. 1 Permittee shall keep on file for three (3) years copies
of all paid invoices, together with Confirmation Cards,
and any and all towing logs. These records shall be
subject to inspection by the Chief of Police or his
representative during normal business hours.
15. 2 Permittee must post a city-approved sign indicating
charges authorized by the City for vehicles removed from
private property. The sign must be in minimum one-inch
lettering, with contrasting background, permanently
posted in the area where the authorized charges are paid
to the Permittee. Permittee must supply to the City
Manager or his designee a complete and up to date list
of fees and charges made for towing vehicles under this
permit.
15. 3 Permittee shall comply with all written procedures as
issued from time to time by the City Manager or Chief of
Police.
15. 4 Permittee must maintain all storage and office facilities
in a manner commensurate with all applicable regulations,
ordinances, rules and other laws governing the operation
of same.
15. 5 Permittee shall use such security measures as necessary
to prevent theft, vandalism, stripping and dismantling
of parts from vehicles in all storage areas used under
this permit.
16. RESPONSIBILITY FOR PAYMENT
The vehicle operator or owner is responsible for payment of
charges imposed by the permittee in accordance with the permit
rate schedule.
16. 1 The City of Miami Beach shall not be responsible for any
charges imposed for towing and storage, or for securing
payments due Permittee upon vehicle release.
17 . FORWARDING REPORTS TO POLICE DEPARTMENT
The Permittee shall be responsible for forwarding to the
Police Department by 3 PM each Friday the following:
17. 1 Copies of all Confirmation Cards vehicles released the
previous week, together with copy of completed numbered
invoice for each vehicle.
17. 2 Original Notification Log for previous week.
17 . 3 Original log completed prior to vehicle auctions.
17.4 Copyof Public Notice of auction (10 days prior to
auction) .
17. 5 Original log completed immediately following auction.
All copies shall be legible, and original forms shall be
provided as requested.
CITY OF MIAMI BEACH
PAGE 5 OF 14
18 . QUALIFICATION OF APPLICANT
Each applicant may be required before the issuance of permit,
to show to the complete satisfaction of the City Manager that
he has the necessary facilities, ability, and financial
resources to furnish the services as specified herein in a
satisfactory manner, and he may also be required to show past
history and references which will enable the City Manager to
satisfy himself as to his qualifications. Failure to qualify
according to the foregoing requirements will justify the City
Manager in rejecting his application.
19 . ASSIGNMENT
Permittee(s) shall not assign, transfer, convey, sublet or
otherwise dispose of this permit, or of any or all of its
rights, title or interest therein, or his or its power to
execute such permit to any person, company or corporation
without prior written consent of the City Manager.
20. RELATION OF CITY
The Permittee is legally considered as an independent
Permittee and that neither he nor his employees shall, under
any circumstances, be considered servants or agents of the
city, and that the city shall be at no time legally
responsible for any negligence on the part of said Permittee,
his servants or agents, resulting in either bodily or personal
injury or property damage to any individual, firm, or
corporation.
21. CHANGES IN RULES AND REGULATIONS
If the City of Miami Beach and/or the Police Department deem
it necessary to add, change or delete Permit Rules and
Regulations stated herein, such may be done through
recommendation of the City Manager, and approval of the City
Commission.
22 . ENFORCEMENT OF THE RULES AND REGULATIONS
If at any time the Permittee fails to fulfill the Rules and
Regulations set forth herein, or if there have been three (3)
or more letters of complaint filed on a Permittee with the
City of Miami Beach then the provisions of Section 44-78 of
the Authorizing Ordinance, No. 88-2633 may be invoked.
23 . INSPECTIONS
All records, equipment, personnel, and storage facilities
shall be subject to periodic checks by designated
representative(s) of the City of Miami Beach and/or the Police
Department.
CITY OF MIAMI BEACH
PAGE 6 OF 14
24 . GENERAL TERMS
24 . 1 The Permittee shall have no markings on his vehicles,
building, or correspondence that indicates or tends to
indicate any official relationship between the Permittee
and the City of Miami Beach or any police agency.
25. MAXIMUM ALLOWABLE RATES
(Reserved, no regulations on this subject issued at this time)
26. REQUIRED INSURANCE COVERAGES
Permittee must maintain in full force and effect during the
periodof this permit insurance policies to cover any
liability that may arise from towing and storing vehicles.
Such liability policies must provide the following minimum
coverage:
$300, 000 for bodily injury per accident
$300, 000 for property damage per accident
The Permittee must provide original certificates of insurance
to the City evidencing the appropriate coverage. The
insurance must be approved by the City's Risk Manager prior
to the issuance of a permit. The City must receive at least
thirty (30) days written notice prior to any change in
coverage or cancellation of the above policies. The Permittee
must submit updated certificates prior to the expiration of
coverage(s) .
27 . CONFLICT
In the event that there is a conflict between these
regulations and Ordinance No. 88-2633 , the Ordinance shall
prevail.
CITY OF MIAMI BEACH
PAGE 7 OF 14
EXHIBIT A
"CONFIRMATION CARD"
Sequentially
Numbered
Date Time
Vehicle
Make Model Color
Information:
Vehicle Identification Number (VIN)
Vehicle Removed
Street Address
from Location:
Property Owner/Resident Agent -PRINTED
Towing of
Vehicle
Authorized By:
Property Owner/Resident Agent - SIGNATURE
/ / BUSINESS NOT OPEN. Towing of vehicle authorized under
contract between Towing Company and Property Owner on file with
Miami Beach Police Department.
Vehicle Removed By:
Tow Truck Driver
Original to: Towing Company Copies to: Property Owner/
Resident Agent
Miami Beach Police
Department
CITY OF MIAMI BEACH
PAGE 8 OF 14
.
CITY OF MIAMI BEACH
APPLICATION FOR
PRIVATE PROPERTY TONING SERVICES PERMIT
Circle One: First Permit Annual Renewal
INSTRUCTIONS:
Permits expireSeptember 30, of each year. Permittee must submit
a new application each year. Applicants must present evidence that
they are fully competent and have the necessary facilities,
experience and pecuniary resources to fulfill the conditions of the
permit. Failure to submit this information form with all questions
completely answered may disqualify the applicant.
EXPERIENCE REQUIREMENTS:
By submitting this application, the applicant warrants that the
individual firm, partnership, or corporation or its parent company
making application, has been in continuous existence and operation
for the period of the past two (2) years, or more.
APPLICANT IN'ORMATION:
The information requested below is necessary for completing the
application.
PLEASE PRINT OR TYPE IN BLANK SPACES
If applicant is (a)
an individual, (Full Name) Date of Birth
use paragraph
(a) and ignore Florida Drivers License Number
paragraphs (b)
and (c) Residing at:
(Street, City and Zip Code)
and is sole owner of, and doing business as:
(TRADE NAME)
If applicant is (b) A Commercial co-partnership composed of the
a partnership following partners:
use paragraph
(b) and ignore 1.
paragraphs (a) (Give Name, Address, Florida Drivers License
and (c) Number, Date of Birth and Residence for each
partner)
2.
3.
4.
Doing Business as:
(TRADE NAME)
domiciled at:
(Street, City and Zip Code)
in the state of
and which application will be signed by:
(Name of Co-partner)
a member of the co-partnership.
CITY OF MIAMI BEACH
PAGE 9 OF 14
CITY OF MIAMI BEACH
If applicant is (c) A Corporation organized under the laws of the
a corporation use
paragraph (c) and State of domiciled at:
ignore paragraphs
(a) and (b) .
(City and State)
authorized to do and doing business in the State of
Florida, under the following names and at the
addresses shown:
Trade Name(s) Street, City and Zip Code
and which application will be signed by:
Officer who signs application must be President or
Vice President.
PROVIDE THE FOLLOWING INFORMATION FOR EACH OFFICER AND PERSON WITH
FINANCIAL INTEREST (Person with financial interest is defined as one with
interest in excess of $2 , 000. 00) :
Name/Date of Birth/Title Percentage Ownership Business Address
1. Person or persons interested in this permit have ( ) have not ( )
had permits, licenses or agreements for an operation of this type
denied, suspended or revoked. If so, give details on separate sheet.
2. BANK REFERENCES: (Include name and telephone number of officer
familiar with applicant' s accounts) :
BANK ADDRESS
APPLICANT:
SIGNED:
CITY OF MIAMI BEACH
PAGE 10 OF 14
CITY OF MIAMI BEACH
1. List names and locations at which applicant has a contract or agreement
for the towing and storage of vehicles, together with dates of
operation: (Indicate with an asterisk (*) that a copy of the fully
executed agreement has been forwarded to the Police Chief) .
'ROPERTY OWNER LOCATION RESIDENT AGENT
Attach Additional Sheets As Necessary
i. TOW TRUCKS TO BE USED
Ctam l #2 #3 a
:ab/Chassis Mfr.
:ab/Chassis Year
Ind Model
Tehicle
:n f ormat ion No.
license Plate No.
)ate of Police
Tehicle
:nspection
3adge Number of
:nspecting
)fficer
NOTE: Each tow vehicle must be inspected by a City of Miami Beach
Police Officer.
Attach Additional Sheets As Necessary
APPLICANT:
SIGNED:
CITY OF MIAMI BEACH
PAGE 11 OF 14
CITY OF MIAMI BEACH
STORAGE SITE INFORMATION
�. LOCATION OF MIAMI BEACH STORAGE FACILITIES:
(Must be within City limits of City of Miami Beach for storage of
vehicles for first forty-eight (48) hours following removal) .
Use additional sheets for other sites which may be used
,OCATION
a) Street Address:
(Street Number) (Street Name)
(Zip Code)
Property Owner:
Maximum number of vehicles to be stored: Vehicles
b) Street Address:
(Street Number) (Street Name)
(Zip Code)
Property Owner:
Maximum number of vehicles to be stored: Vehicles
c) Street Address:
(Street Number) (Street Name)
(Zip Code)
Property Owner:
Maximum number of vehicles to be stored: Vehicles
APPLICANT:
SIGNED:
CITY OF MIAMI BEACH
PAGE 12 OF 14
CITY OF MIAMI BEACH
JOCATION OF OTHER STORAGE FACILITIES: (Must be within a five (5) mile
-adius of the location of the vehicle recovery, or if none available,
vithina twenty (20) mile radius of the vehicle recovery location. The
following locations may be used only in those instances when the vehicle
)wner, custodian or agent has not obtained release of the vehicle with
forty-eight (48) hours of the removal of the vehicle.
(a) Street Address:
(Street Number) (Street Name)
(City) (Zip Code)
Property Owner:
Maximum number of vehicles to be stored: Vehicles
(b) Street Address:
(Street Number) (Street Name)
(City) (Zip Code)
Property Owner:
Maximum number of vehicles to be stored: Vehicles
(c) Street Address:
(Street Number) (Street Name)
(City) (Zip Code)
Property Owner:
Maximum number of vehicles to be stored: Vehicles
APPLICANT:
SIGNED:
CITY OF MIAMI BEACH
PAGE 13 OF 14
CITY OF MIAMI BEACH
INSURANCE CHECK LIST- PRIVATE PROPERTY TONING PERMIT
. Items marked "X" are required under this permit. See Section of Rules
and Regulations entitled "Required Insurance Coverages" .
LIMITS
INSURANCE (Figures denote Minimums)
Bodily Injury, per accident $300,000
Property Damage, per accident $300,000
An original certificate(s) of insurance evidencing the required
insurance coverage is attached to this application.
YES NO
If No, by what date will the required certificate(s) be
submitted?
NOTE: Final action on permit applications will not be
taken until certificates of insurance are approved
by the City's Risk Manager.
F . An itemized copy of Current Rates for Towing and Storage is attached.
Circle One: Yes No
3. FEES:
Permit Fee $500. 00
Vehicle Inspection
Fee (Per vehicle listed
under Item #4) x $150. 00 = $
TOTAL FEES DUE $
1CM:ses
tev. 11/28/88
CITY OF MIAMI BEACH
PAGE 14 OF 14
ORIGINAL
RESOLUTION NO. 88-19466
(Approving the establishment of Adminis-
trative Rules and Regulations Governing
private property towing permits, as re-
v ►
ferenced in Article XI, Chapter 44, of the r`
Code of the City of Miami Beach, Florida)
.1