Police Towing Permit MemoIFU iL UC iE ID iE ipAk iQ T / *1 iE S ]r
1100 WASHINGTON AVENUE ♦ MIAMI BEACH, FLORIDA 33139
CHIEF'S OFFICE (305) 673 -7925 (FAX) 673 -7065
CITY OF MIAMI BEACH
TO: SERGIO RODRIGUEZ
DEPUTY CITY MANAGER
FROM: MARTHA L. DIAZ
POLICE LEGAL ADVISOR
DATE: OCTOBER 29, 1996
DEDICATED TO
COMMUNITY SERVICE
RE: REVISIONS TO ADMINISTRATIVE RULES AND REGULATIONS FOR
POLICE TOWING PERMIT
Pursuant to meetings held with representatives of the Police Department and the Parking
Department, the following is a list of recommended amendments to the Administrative Rules and
Regulations for Police Towing Permit:
PARAGRAPH 2: Include a provision on "Investigative Tows with a Police Hold"
Vehicles impounded with an evidence hold or an investigative hold order Pursuant to Miami
Beach Police Department instructions, may be stored for a period of up to five (5) workingdda-ys,
excluding Saturday, Sunday and legal holidays, at a storage charge not to exceed half of the regular
storage rate. After that time, if the vehicle will need to be held for a_lon Ionizer period of time, the
Miami Beach Police Department may have the vehicle removed to a citv_s facilit with
charge to the Ci
The owner of the vehicle may be charged for the original tow and storage, in accordance with
the rate structure of the agreement, with the storage rate not to exceed half of the posted rate for the
five (5) dayperiod above.' After the five (5) day period is up or the "hold" is released, the Permittee
may charge the appropriate storage rate in accordance with paragraph 2I j
PARAGRAPH 6: Include provision regarding vehicle owner arriving at the scene of a tow.
Except in situations where a vehicle has a "police hold ", if the registered owner or other
legally authorized person in control of the vehicle arrives at the scene prior to the removal or towing
of the vehicle, the vehicle shall be disconnected from the towing or removal apparatus, and that
person shall be allowed to remove the vehicle without interference upon payment of a reasonable
service fee of not more than one half of the posted rate for such towing service for which a receipt
shall be given, unless that person refuses to remove the vehicle which is otherwise illegally or
unlawfully parked.
Also, include a provision regarding the towing of vehicles in emergency situations at the
request of the Miami Beach Police Department .
In those situations where immediate removal of a legally parked vehicle is necessary in the
interest of public safety due to a fire, storm, flood, crime scene, or other emergency reason and upon
authorization of a commanding officer or supervisor of the Miami Beach Police Department, the
Permittee shall remove said vehicle to the nearest public parking area available at no cost to the
City or to the owner of the vehicle.
PARAGRAPH 11: Change "fourteen (14) "days to" five (5) working days, excluding Saturday.,
Sunday and legal holidays "
PARAGRAPH 12.2: Bring back provision with respect to City's right to bid on
abandoned/unclaimed vehicles.
In cases where abandoned/unclaimed vehicles are auctioned by the Permittee, the City has
a right to bid on such vehicles and may obtain title to any such vehicle , provided there are no other
bidders, upon payment of the towing and storage charges. The City shall designate a representative
of the Miami Beach Police Department to track the auctions of abandoned/ unclaimed vehicles and
make the appropriate bidding. Permittee shall notify the Miami Beach Police Department of all
abandoned/ unclaimed vehicles prior to auction.
PARAGRAPH 15: Include a provision emphasizing the confidentiality of information regarding
vehicles with a police "hold ".
The Permittee shall not divulge any information with respect to a towed vehicle when such
vehicle has a hold from the Miami Beach Police Department. Anyone wishing to obtain information
on a vehicle with a police hold shall be referred to the Miami Beach Police Department.
PARAGRAPH 16: Expand on the procedures for handling complaints on Permittee.
Permittee agrees that any complaints received by the City of Miami Beach, the Miami
Beach Police Department or the Parking Department concerning a violation of the Administrative
Rules and Regulations contained herein, will be referred to the Department which originated the tow
for investigation. The Department shall notify the Permittee of my complaints within five (5)
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business days from receipt of the complaint. The Permittee shall provide any additional explanation
or information with respect to the particular complaint within five (5) business days upon
notification of the complaint. The complaint will be investigated according_l�v the respective
Department. A written disposition of the complaint will be forwarded to the Permittee upon
completion of the investigation.
If there have been three or more substantiated complaints within ninety (90) days filed with
the City of Miami Beach, Miami Beach Police Department or Parking Department, the Chief of
Police or the Parking Director may request the City Manager that Permittee's permit be suspended
for a period of not than thirty (30) days with no reduction in the permit fee, reassigning such
work as may have been due the suspended Permittee to the remaining Permittee(s), in accordance
with the procedures in Miami Beach City Code Section 44 -61.
PARAGRAPH 21: Add provision at the end of this paragraph reemphasizing the "dropping"
rates.
Except in situations where a vehicle has a police hold, if the registered owner or other legally
authorized person in control of the vehicle arrives at the scene prior to the removal of the vehicle,
the vehicle shall be disconnected from the towing- or removal apparatus, and that person shall be
allowed to remove the vehicle without interference upon payment of a reasonable service fee of not
more than one half of the posted rate for such towing service for which a receipt shall be given,
unless that person refuses to remove the vehicle which is otherwise illegally or unlawfully parked.
CLARIFICATION ON NOTE PRECEDING "ROAD SERVICE" PARAGRAPH.
PARAGRAPH 22 should be added in the body of the contract, ie. ROAD SERVICE.
PARAGRAPH 23.2: Include payment with credit cards.
Permittee shall accept the following as acceptable forms of payment for authorized charges:
cash, bank checks drawn on a bank in Dade or Broward Counties, Florida, or credit cards...
PARAGRAPH 29: Delete.
PARAGRAPH 34: (Becomes paragraph 33 after revisions). The Police Department would like
to defer the "abandoned vehicles" provision solely to the Parking
Department. Keep the following in mind: Parking enforcement specialists
may enforce all laws and ordinances governing parking within the City.
Therefore, all laws which permit the towing of vehicles for parking violations
may be enforced by PES's. Before a PES (or a police officer) authorizes a
tow of a vehicle (abandoned or illegally parked), the PES has the
responsibility of verifying the status of the vehicle, therefore, vehicle
information must be obtained prior to tow.
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PARAGRAPH 35: (Becomes paragraph 34 after revisions). Add permit fee for "drop" tows.
The Permittee shall pav to the City a permit fee in the amount of $20.00 for each vehicle
towed ,pursuant to this permit and $10.00 for each vehicle which is disconnected from the towing
or removal apparatus.
Please review the aforementioned recommendations for implementation in the contract.
Thank you.
:MLD
cc: Murray H. Dubbin, City Attorney
Richard Barreto, Chief of Police
Assistant Chief M. Diaz, Commander, Administration
Jackie Gonzalez, Interim Parking Director
Saul Francis, Assistant Parking Director
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