RESOLUTION 90-19933 RESOLUTION NO. 90-19933
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AMENDMENT NO. 1 TO 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 TO PROVIDE FOR THE ACCEPTANCE OF CHECKS IN
PAYMENT FOR TOWING AND RELATED SERVICES AND PROVIDE FOR
A SCHEDULE OF MAXIMUM RATES WHICH MAY BE CHARGED FOR
TOWING AND RELATED SERVICES
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA THAT:
WHEREAS, pursuant to Ordinance No. 88-2633 , the City
Commission of the City of Miami Beach 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, pursuant to City Commission Resolution No. 88-19466,
adopted December 9, 1988, the City established Administrative Rules
and Regulations Governing Private Property Towing Permits in order
to implement the provisions of Ordinance No. 88-2633 ; and
WHEREAS, said Rules and Regulations Governing Private Property
Towing Permits address matters including specifying who is
responsible for payment of charges assessed by permit holders,
although not the manner of payment; and
WHEREAS, said Rules and Regulations Governing Private Property
Towing Permits provide that the City of Miami Beach may establish
maximum rates which may be charged for towing and related services
by Permit holders, although the establishment of a specific
schedule of maximum rates was not incorporated within the Rules and
Regulations Governing Private Property Towing Permits, as adopted;
and
WHEREAS, the City wishes to amend the Rules and Regulations
Governing Private Property Towing Permits to address the matters
referenced above.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
That Amendment No. 1 to 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, is hereby approved.
PASSED AND ADOPTED THIS 7th day of March , 1990.
ATTEST:
-ttel)-1:\i- A‘ggiLL
CITY CLERK wr MAYO
FORM APPROVED
LEG A DEPT
HCM: ses By y4 aL&
Date , -- .r.�
COMPARISON OF PRIVATE PROPERTY TOWING 'ERM T FEES AND RATES
CITY OF CITY OF DADE
1AMI_,,,B,EACJ MIAMI COUNTY
CURRENT CURRENT CURRENT
Private Property Permit fee $5 of each tow Initial company license
Towing Permit $500 charge is paid with one tow vehicle
Fees Per tow vehicle to city $400
$150 Each additional tow vehicle
$100
Initial decal
$25
PROPOSED CURRENT CURRENT
Private Property $ 85 -- Inclusive of all $55 -- Basic tow $65 - Basic tow
Maximum Allowable towing charges $10 -- Administrative charge $15 - Administrative charges
Rates
(Passenger Vehicles)
$ 15 - Storage, per day $12 - Storage, per day $ 8 - Storage, per day
(No charge, first (No charge, first (No charge, first
six (6) hours) six hours) twenty-four hours)
Igo
-� A
-
eco 4 7/teasti 6ead
0-#41. FLORIDA 3 3 1 3 9
*(MCORP ORATED)* "VA CA TIONL A NL) 1]. S. .4. "
1 -ii
9�PC—ii;' �
OFFICE OF THE CITY MANAGER CITY HALL
ROB W.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO. I Lti-90 (Rs4Q1Ula—&
DATE: March 7, 1990
TO: Mayor Alex Daou, . •
Members of t - City Corn ' s •
FROM: Rob W. Parkin 140
Cy it Manager
SUBJECT: AMENDMENT NO: 1 TO ADMINISTRATIVE RULES AND REGULATIONS
GOVERNING PRIVATE PROPERTY TOWING PERMITS
HISTORY:
Section 44-76 of the City Code of the City of Miami Beach,
established pursuant to Ordinance No. 88-2633 , provides that the City
Manager shall promulgate rules and procedures for the application,
issuance and revocation of permits for towing of vehicles from
private property.
Pursuant to City Commission Resolution No. 88-19466, adopted December
8; 1988, the,r City established Administrative Po_,.. e�.=.. and Relgulations
Governing Private Property Towing Permits in order to implement the
provisions of the Ordinance. Among the matters addressed in the
Administrative Rules and Regulations are the following:
1. The substantial form in which the written authorization for
private property tows is to be prepared;
2 . The requirements for storage of vehicles towed under the
Private Property Towing Ordinance;
3 . Responsibility for payment;
4 . Reports to be filed with Police Department;
5. Required insurance coverage; and
6. Maximum allowable rates.
The regulation of maximum allowable rates was reserved in the
regulations, with no specific schedule adopted.
Subsequently, under its private property towing ordinance,
Metropolitan Dade County adopted a schedule of maximum allowable
rates, pursuant to Dade County Commission Resolution No. R-1472
adopted December 19, 1989. The City Attorney's Office determined
that in the absence of an established schedule of rates under the
City's Ordinance, the maximum rates established under the County
Ordinance would apply within the City of Miami Beach, unless and
until the City Commission established a schedule of maximum rates.
AGENDA
ITEM ..(:. ...._,7......,1:\..
DATE 3-11O
AMENDMENT NO. 1 TO ADMINISTRATIVE RULES AND REGULATIONS GOVERNING
PRIVATE PROPERTY TOWING PERMITS
Page -2-
March 7 , 1990
BACKGROUND:
The two towing companies holding Private Property Towing Permits
submitted statements requesting that the City of Miami Beach
establish maximum allowable rates which would take into account the
costs of operating this kind of business in Miami Beach. Copies of
these statements are attached.
Among the other factors which the towing companies cite in support
of higher maximum rates are the following:
1. The City' s Ordinance requires that the towing companies
provide for storage of vehicles on Miami Beach for the first
48 hours after towed.
2 . The real estate taxes for storage lots on Miami Beach are
several thousand dollars higher than for similar storage lots
located elsewhere in the greater Miami area.
In recent weeks, especially since the adoption of the County maximum
rates, the City has received numerous complaints from individuals
whose vehicles have been towed from private properties. The
resulting total charges have averaged approximately $130.00 after
administrative, labor and special equipment fees are included. Many
persons also complain that the tow company policy of accepting cash
only for payment is also an excessive burden for the public.
PROPOSED RATES:
Under the proposed Amendment No. 1 to the Administrative Rules and
Regulations Governing Private Property Towing Permits, the maximum
allowable rate which could be charged for towing passenger vehicles
would be $85. 00, inclusive of all charges. Storage charges for
passenger vehicles would be $15. 00 per day, with no charge levied for
the first six (6) hours. In addition, the tow companies would be
required to accept valid checks in processing payment for towing
charges.
ADMINISTRATION RECOMMENDATION:
The City Administration recommends approval of the attached
Resolution approving Amendment No. 1 to the Rules and Regulations
Governing Private Property Towing Permits, providing for the
acceptance of checks in payment for charges and providing for a
schedule of maximum allowable rates by Permittees.
RWP:WHH:HCM:ses
ORIGINAL
RESOLUTION NO. 90-19933
Approving Amendment No. 1 to the
Administrative Rules and Regulations
governing private property towing permits,
as referenced in Article XI, Chapter 44,
of the Code of the C.M.B. , Florida to
provide for the acceptance of checks
in payment for towing and related services
and provide for a schedule of maximum
rates which may be charged for towing and
related services.