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Ordinance 88-2633 ORDINANCE NO. 88-2633 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RELATING TO TOWING OF VEHICLES; ENACTING ARTICLE XI OF CHAPTER 44 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA; PROVIDING FOR THE PERMITTING AND REGULATION OF BUSINESS ENTERPRISES ENGAGED IN THE PRACTICE OF RECOVERING, TOWING, REMOVING, AND STORING OF VEHICLES PARKED ON PRIVATE PROPERTY; PROVIDING FOR THE AUTHORITY TO ESTABLISH MAXIMUM ALLOWED RATES; PROVIDING FOR PENALTIES; REPEALING SECTION 44-66 OF THE CODE OF THE CITY OF MIAMI BEACH; REPEALING ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVER ABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. ARTICLE XI, CHAPTER 44 OF THE CODE OF THE CITY OF MIAMI BEACH IS HEREBY ENACTED AS FOLLOWS: ARTICLE XI - CHAPTER 44 TOWING OF VEHICLES Section 44-71 - Declaration of Legislative Intent. This City Commission finds and determines that the unauthorized parking of vehicles which cannot be removed constitutes a public nuisance and a public emergency affecting the property, public safety and welfare of the citizens and residents of the City of Miami Beach. Section 44-72 - Definitions. The following words and phrases, when used in this article, for the purpose of this article, have the meanings respectively ascribed to them in this section, except where the context otherwise requires: (1) Business Enterprise. A unit of economic organization or activity in the form of an individual natural person, sole proprietorship, corporation, partnership, organization, joint venture, trust, foundation, firm, group, society, association or any combination thereof which is engaged in the recovering, towing, removing and storing of parked vehicles from private real property at the express instruction of the owners of such real property. However, "business enterprise" shall not mean nor include in its meaning the term "property owner." (2) Chief. The Chief of the Police Department, that department of the City of Miami Beach government or its successor responsible for administering permits pursuant to this article. 1 (3) Express Instruction. A. During business hours: a clear, definite and explicit written request by a property owner or agent, on a form approved by the City Manager, to a business enterprise that a specific and individual vehicle parked without permission of the property owner be removed. Such owner or agent shall not be an officer, agent, employee or associate of the business enterprise. The request must indicate the time of the instruction and must be signed and dated by the property owner or agent in the presence of the employee of the business enterprise. B. During non-business hours: in the event there is no one authorized on the premises to give the permission to tow, the written contract that exists between the business enterprise and the proprety owner for the removal of vehicles parked without permision of the property owner. The City Commission recognizes that many businesses close at a certain hour and that there may be no one at the premises authorized to give the express instruction or authorization to the business enterprise as required in Section 44-72 (3)(A). In promulgating Section 44-72 (3)(B), it is the express intent of the City Commission to provide for a convenient and orderly process by which vehicles parked on private property, without the permission of the property owner, may be towed or removed during non- business hours. Signage which clearly reflects the business hours must be posted on the premises and must clearly indicate that vehicles left on the premises after business hours are subject to being towed to an authorized storage facility. (4) City Manager. The City Manager of the City of Miami Beach, Florida. (5) Ciy Commission. The City Commission of the City of Miami Beach, Florida. (6) Parked. The state of a vehicle being left and unattended by its owner or operator. (7) Permit. The certificate or document itself which allows a business enterprise to engage in the activity of recovering, towing, removing and storing of parked vehicles from private real property at the express instruction of the owners of such real property. As used in this article, "permit" shall not mean a municipal or county occupational license. (8) Property Owner. That person who exercises dominion and control over private real property, including but not limited to the legal titleholder, lessee, designated representative of a condominium association or any person authorized to exercise or share dominion and control over private real property. However, "property owner" shall not mean nor include in its meaning, the term "business enterprise." 2 (9) Recover. To take possession of a vehicle and its contents and to exercise control, supervision and responsibility over the vehicle. (10) Regulation. A rule set forth within this article made applicable to business enterprises, the disobedience of which is sufficient grounds for revocation of a permit. (1 1) Removing. The act of changing, by tow, the location of a parked vehicle from its location on private real property to the storage site of the business enterprise. (12) Revoke. The action of the Chief whereby a permit is annulled and made void. (13) Storing. The act of placing and leaving a towed vehicle at a site where the business enterprise exercises control, supervision and responsibility over the vehicle. (14) Towing. The act of hauling, drawing or pulling along a vehicle behind by means of another vehicle equipped with booms, car carriers, winches or similar equipment. (15) Vehicle. A mobile item which normally uses wheels, including but not limited to cars, trucks, trailers and motorcycles. Section 44-73 - Vehicles parked on private property; towing. (a) A property owner may cause any vehicle parked on such property without his or her Iiermission to be removed by a business enterprise without liability for the costs of removal, transportation or storage or damages caused by such removal, transportation or storage, under any of the following circumstances: (1) When the property is appurtenant to and obviously a part of a single family residential building; or (2) When the property is obviously not intended to be used for parking vehicles; or (3) In the case of any other property, when notice is prominently posted on the property in compliance with Section 715.07, Florida Statutes (as amended), or has been personally given to the owner or driver of the vehicle that the area in which such vehicle is parked is reserved or is otherwise unavailable for unauthorized vehicles; or 3 (4) When the vehicle has been parked in the same place without authorization for more than forty-eight (48) hours. (b) When any person causes a vehicle to be removed from property, he shall, upon request, immediately and without demanding compensation, inform the owner or lessor of such vehicle of the name and location of the business enterprise that has removed it. If the area from which the vehicle has been removed is unattended, the person causing the vehicle to be removed shall have prominent notice in such area of the name and location of the business enterprise that has removed the vehicle. (c) This section shall not apply to law enforcement, fire fighting, rescue squad, ambulance or other emergency vehicles which are marked as such. (d) When a person improperly causes a vehicle to be removed, such person shall be liable to the owner or lessee of the vehicle for the cost of removal, transportation and storage, any damages resulting from the removal, transportation or storage, and attorney's fees. Section 44-74 - Security Requirements. All business enterprises 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 business enterprise for its liability: (a) for injury to person, in an amount not less than $300,000 to any one person and $300,000 for any one accident; (b) for damage to property, in an amount not less than $300,000 for any one accident. Any such policy shall be issued by an insurance firm qualified to do business as such in the State of Florida and must name the City of Miami Beach as an additional insured. The City must receive thirty (30) days advance written notice in the event of cancellation of the above policies. The insurance must be approved by the City's Risk Manager prior to the issuance of a permit. All certificates will be kept on file in the office of the City's Risk Manager. •4 Section 44-75 - Permit required. (a) No business enterprise shall engage in the business of recovering, towing, removing and storing of vehicles which are parked on private real property and parked without the permission of the owner of the private real property unless such business enterprise shall first apply for and obtain, and subsequently maintain in unrevoked status, a permit issued pursuant to this article. (b) The requirement for a permit hereinabove described is a requirement separate and apart from and in addition to any county or City requirements for occupational licenses. The required permit is a regulatory permit and not a revenue generating permit. (c) Nothing herein shall be construed to mean that a natural person cannot work in or for such business enterprises without such permit. There is no requirement that employees or agents of such business enterprises apply for and obtain the permit provided for by,this article. The practice of a business enterprise to consider persons as independent contractors or employees shall not be construed to allow avoidance of the requirement that the business enterprise itself apply for, obtain, and maintain a permit. Section 44-76 - Issuance of permit; fees; renewal. (a) A permit issued or renewed pursuant to the provisions of this article shall not be transferable from one business enterprise to another business enterprise. All permits shall expire on the thirtieth (30) day of September of each year following the date of original issuance. Permits shall be renewajle annually. There shall be permit fees as determined by the City Manager, as established by administrative order, and as approved by the City Commission. Such fees, whether initial or renewal, shall accompany the application and shall be nonrefundable subsequent to the filing of said application. All monies received under this section shall be deposited with the Director of Finance of the City of Miami Beach, and shall be used to defray the expense of providing the services described in this article. (b) Permits shall be issued in the name of the business enterprise meeting the standards and requirements for permits. 5 t. (c) The City Manager, or his designee, is empowered and directed to issue permits to business enterprises which have met the standards and requirements for a permit and which are otherwise qualified for a permit. The City Manager is hereby authorized and directed to promulgate reasonable rules and procedures for the application, issuance and revocation of such permits and a schedule of maximum allowed rates as permitted by Sections 125.0103, 166.043 and 715.07, Florida Statutes (as amended). Section 44-77 - Permitting of business enterprises. (a) Application. All business enterprises desiring to obtain an initial permit or renew a previously issued and unrevoked permit shall submit an application in writing to the City Manager, or his designee, on forms prescribed by the City Manager. The application and all supporting documents shall be retained by the City Manager. All applications shall include: (1) Name of the business enterprise; and (2) If the business enterprise is a corporation, the name, date and State under whose laws such corporation was organized, and if a foreign (out of State) corporation, whether authorized to do business in the State of Florida, the fictitious name under which the corporation may be doing business, the names of the principal officers, directors, resident agent and local representatives, and their business addresses; or (3) If the business enterprise is a partnership, the fictitious name under which the partnership may be doing business, the name, business address of each partner; or (4) If the business enterprise is a sole proprietorship, the fictitious name under which the sole proprietorship may be doing business, the name, business address of the natural person who owns, controls or directs the sole proprietorship; and (5) A list of all persons having a financial interest in excess of $2,000.00 in the business enterprise; and (6) A list of all persons with ownership interests in the business enterprise who have previously been denied a permit; and 6 (7) The signature of the president or vice-president of the applying corporation; or, the signature of a partner of the applying partnership; or, the signature of the natural persons who owns, controls or directs the applying sole proprietorship; and (8) Such other information and data as the City Manager, or his designee, may consider appropriate. (B) Standards for issuance of a permit. The City Manager, or his designee, shall approve the application for issuance or renewal of a license hereunder where he/she finds: (1) That the application has been fully completed and submitted; and (2) That the initial application or renewal application fee has been paid; and (3) That proof of insurance, as required in Section 44-74 of this Chapter, has been met; and (4) That the applicant has been subject to a complete background investigation as it affects the towing industry, conducted by the Chief, or his designee, and it has been determined by the Chief that: (a) The applying business enterprise, if a corporation, does not have as an officer or director, a person who is or was an officer, director, partner or sole proprietor of a business enterprise which has a currently suspended permit or has had its permit revoked within five (5) years of the date of application; or (b) The applying business enterprise, if a partnership, does not have as a partner a person who is or was an officer, director, partner or sole proprietorship of a business enterprise which has a currently suspended permit or has had its permit revoked within five (5) years of the date of application; or (c) The applying business enterprise, if a sole proprietorship, does not have as the sole proprietor a person who is or was an officer, director, partner or sole proprietor of a business enterprise which has a currently suspended permit or has had its permit revoked within five (5) years of the date of application; or 7 (d) The permit is not revoked or currently under suspension; or (e) No fraud or willful and knowing misrepresentation or false statement was made in the application. Section 44-78 - Revocation of Permit; Appeal; Review. Any person dissatisfied or aggrieved with the decision of the Chief, or his designee, with reference to any recommendation for denial of his/her application for such permit or the revocation or suspension of such permit, may within ten (10) days after such denial, revocation or suspension, appeal to the City Manager or his designee who shall schedule a hearing on the matter and upon the affirmance or approval of the action taken by the Chief, such action shall be final. At this hearing, witnesses shall be sworn and the rules of evidence applicable to quasi-judicial proceedings shall govern. When the City Manager, or his designee, upon the original review, determines that the applicant is entitled to such permit, the City Manager, or his designee, shall immediately issue such permit or reinstate the permit if revoked or suspended, all conditions having been complied with. Section 44-79 - Regulations. No business enterprise issued a permit under this article shall: (1) Recover, tow, remove or store a vehicle unless the business enterprise's tow truck, or other vehicle used in the towing, shall clearly display on the driver and passenger sides in at least two (2) inch high letters, the business enterprise's name, address, telephone number and occupational license number; or (2) Recover, tow, remove or store a vehicle unless the business enterprise shall file and keep on record with the City Manager and the Chief, a complete copy of the current rates charged for the towing and storage of vehicles and prominently display at the storage site an identical rate schedule and copies of all written contracts or agreements between the business enterprise and property owners, lessors, or persons in control of property which relate to the towing and removal of vehicles; or (3) Pay or rebate money, or solicit or offer the payment or rebate of money, or other valuable consideration, to property owners from which vehicles may be towed or removed, for the privilege of towing or removing vehicles; or 8 (4) Recover, tow, remove or store a vehicle unless notice is posted fulfilling the following requirements: (a) Notice, in the form of a sign structure, shall be prominently placed at each driveway access or curb cut allowing vehicular access to the property, within five (5) feet from the public right-of-way line. If there are no curbs or access barriers, signs shall be posted not less than one (1) sign each twenty-five (25) feet of lot frontage. In those instances when the property owner demonstrates a hardship and applies for a waiver of this 25-foot provision between signs, on a form approved by the City Manager, such waiver may be granted by the City Manager, at his sole discretion. The sign structure shall be permanently installed with the bottom of the sign not less than four (4) feet above ground level and the top of the sign not more than ten (10) feet above ground level, and shall be continuously maintained on the property for no fewer than twenty-four (24) hours before the towing or removal of vehicles. (b) The notice shall clearly display: (i) in not less than two (2) inch high, light-reflective letters on a contrasting background, that unauthorized vehicles will be towed away at the owner's expense; and (ii) in not less than four (4) inch high, light-reflective letters on a contrasting background, the words "tow-away-zone;" and (iii) in not less than two (2) inch high, light-reflective letters on a contrasting background, the days of the week, and hours of the day during which vehicles will be towed away at the owner's expense where the property owner or business enterprise selectively causes the towing of vehicles dependent on the day of the week and hour of the day the vehicle is parked; and (iv) in not less than two (2) inch high, light-reflective letters on a contrasting background, the name and telephone number of the business enterprise, if there exists a written contract between the property owner and business enterprise for the towing of vehicles; and (v) in not less than one (1) inch high, light-reflective letters on a contrasting background, the address of the storage site. 9 (c) The posting of the notice requirements of this section shall not be required where: (i) the private property on which a vehicle is parked is property appurtenant to and obviously a part of single-family type residences; or (ii) notice is personally given to the owner or operator of the vehicle that the private property on which the vehicle is or will be parked is reserved or otherwise not available for unauthorized vehicles and subject to being removed at the owner's expense; or (5) Recover, tow, remove or store a vehicle except upon the express instruction and written authorization demonstrating a signature of the property owner or agent to the business enterprise requesting the tow or removal. Such agent shall not be an officer or employee of the business enterprise. No such instruction shall be considered to have been given by the mere posting of the,notice as required by paragraph 4(a) of this section. No such instruction shall be considered to have been given by virtue of the mere terms of any contract or agreement between a business enterprise and a property owner. No such instruction shall be considered to have been given where the instruction occurs in advance of the actual unauthorized parking of the vehicle. No such instruction shall be considered to have been given where the instruction is general in nature and unrelated to specific, individual and identifiable vehicles which are already unauthorizedly parked; or (6) Tow, remove or store a vehicle where the registered owner or other legally authorized person in control of the vehicle arrives at the scene of potential towing prior to towing or removal, except where: (a) The registered owner or other legally authorized person in control of the vehicle refuses to remove the vehicle; or (b) A complete mechanical connection exists between the vehicle and the towing or removal apparatus and the registered owner or other person in control of the vehicle refuses to pay a reasonable service fee of not more than one-half (1/2) of the posted rate for such towing service as required by this article; or (7) Tow or remove a vehicle where there is a natural person occupying the vehicle; or 10 (8) Recover, tow, remove or store a vehicle unless the business enterprise shall, within thirty (30) minutes of the completion of the removal, notify the City of Miami Beach Police Department of: the recovery, towing and removal, the storage site, the time the vehicle was towed or removed, and the make, model, color, vehicle identification number, and license plate number of the vehicle; or (9) Recover, tow, remove or store a vehicle unless the business enterprise shall maintain trip record(s) relating to the previous calendar year. The trip record(s) must indicate at a minimum: (a) The name of the business enterprise; (b) The date and time of the day in hours and minutes when a specific vehicle was recovered, towed, removed and stored; (c) The make, model, color, vehicle identification number, and license plate number of the specific vehicle(s); (d) The precise address or description of the location from which the specific vehicle(s) was removed; (e) The full name of the property owner or designated representative who expressly instructed the removal of the specific vehicle(s); (f) The name of the law enforcement department to whom notification of the towing or removal of the vehicle was given pursuant to subsection (8); or (10) Recover, tow, remove or store a vehicle unless the vehicle shall be towed directly to the business enterprise's storage site and the vehicle shall not be kept in any temporary holding area; or (1 1) A. For the first 48 hours, store or impound a towed vehicle unless the towed vehicle is stored or impounded within the confines of the City of Miami Beach at an authorized storage facility; or B. After the passage of 48 hours, and if the vehicle has not been picked up by the owner, store or impound a towed vehicle unless at a distance which exceeds a five (5) mile radius of the location from which the vehicle was recovered, towed and removed unless no towing business is located within a five (5) mile radius in which case a towed or removed vehicle must be stored at a site within twenty (20) miles of the point of removal; or 11 (12) Recover, tow, remove or store a vehicle unless the business enterprise shall assist the registered owner in obtaining any identification and documentation of ownership as well as any personal effects, medical materials and perishable goods contained within the stored vehicle that the registered owner has requested; or (13) Recover, tow, remove or store a vehicle unless the business enterprise shall file, and keep on record with the Chief, a complete photocopy of any and all fully-executed contracts, agreements or other authorizations, by and between the business enterprise, and any property owners for the removing of vehicles from the property owner's property; or (14) Recover, tow, remove, or store a vehicle unless the business enterprise's tow trucks or other vehicles, or equipment used in towing, and storage sites used in connection with towing operations, shall have been inspected by the Chief, or his designee, for any violations of State, County or City laws, ordinances or regulations; or (15) Recover, tow, remove or store a vehicle unless the vehicle is released to its owner or custodian within one-half (1/2) hour after requested, and payment of appropriate fees as limited by the provisions of this ordinance. Any vehicle owner, custodian or agent shall have the right to inspect the vehicle before accepting its return, and no release or waiver of any kind which would release the person or firm towing the vehicle from liability for damages noted by the owner or other legally authorized person at the time of the redemption may be required from any vehicle owner, custodian or agent as a condition of release of the vehicle to its owner; or (16) Use physical force or violence, or threat of physical force or violence, in dealing with persons who are responsible for administering this article or persons who have had or are about to have their vehicles recovered, towed, removed or stored; or (17) Misrepresent or make any false statement in the conduct of the business enterprise; or (18) Fail to maintain insurance as required by Section 44-74 of this Chapter; or (19) Fail to satisfy a judgment arising out of the business enterprise prior to a permit renewal, unless a stay of denial is procured during the pendency of a court appeal; or 12 ORDINANCE NO. 88-2633 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RELATING TO TOWING OF VEHICLES; ENACTING ARTICLE XI OF CHAPTER 44 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA; PROVIDING FOR THE PERMITTING AND REGULATION OF BUSINESS ENTERPRISES ENGAGED IN THE PRACTICE OF RECOVERING, TOWING, REMOVING, AND STORING OF VEHICLES PARKED ON PRIVATE PROPERTY; PROVIDING FOR THE AUTHORITY TO ESTABLISH MAXIMUM ALLOWED RATES; PROVIDING FOR PENALTIES; REPEALING SECTION 44-66 OF THE CODE OF THE CITY OF MIAMI BEACH; REPEALING ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVER ABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. ARTICLE XI, CHAPTER 44 OF THE CODE OF THE CITY OF MIAMI BEACH IS HEREBY ENACTED AS FOLLOWS: ARTICLE XI - CHAPTER 44 TOWING OF VEHICLES Section 44-71 - Declaration of Legislative Intent. This City Commission finds and determines that the unauthorized parking of vehicles which cannot be removed constitutes a public nuisance and a public emergency affecting the property, public safety and welfare of the citizens and residents of the City of Miami Beach. Section 44-72 - Definitions. The following words and phrases, when used in this article, for the purpose of this article, have the meanings respectively ascribed to them in this section, except where the context otherwise requires: (1) Business Enterprise. A unit of economic organization or activity in the form of an individual natural person, sole proprietorship, corporation, partnership, organization, joint venture, trust, foundation, firm, group, society, association or any combination thereof which is engaged in the recovering, towing, removing and storing of parked vehicles from private real property at the express instruction of the owners of such real property. However, "business enterprise" shall not mean nor include in its meaning the term "property owner." (2) Chief. The Chief of the Police Department, that department of the City of Miami Beach government or its successor responsible for administering permits pursuant to this article. 1 (3) Express Instruction. A. During business hours: a clear, definite and explicit written request by a property owner or agent, on a form approved by the City Manager, to a business enterprise that a specific and individual vehicle parked without permission of the property owner be removed. Such owner or agent shall not be an officer, agent, employee or associate of the business enterprise. The request must indicate the time of the instruction and must be signed and dated by the property owner or agent in the presence of the employee of the business enterprise. B. During non-business hours: in the event there is no one authorized on the premises to give the permission to tow, the written contract that exists between the business enterprise and the proprety owner for the removal of vehicles parked without permision of the property owner. The City Commission recognizes that many businesses close at a certain hour and that there may be no one at the premises authorized to give the express instruction or authorization to the business enterprise as required in Section 44-72 (3)(A). In promulgating Section 44-72 (3)(B), it is the express intent of the City Commission to provide for a convenient and orderly process by which vehicles parked on private property, without the permission of the property owner, may be towed or removed during non- business hours. Signage which clearly reflects the business hours must be posted on the premises and must clearly indicate that vehicles left on the premises after business hours are subject to being towed to an authorized storage facility. (4) City Manager. The City Manager of the City of Miami Beach, Florida. (5) Ciy Commission. The City Commission of the City of Miami Beach, Florida. (6) Parked. The state of a vehicle being left and unattended by its owner or operator. (7) Permit. The certificate or document itself which allows a business enterprise to engage in the activity of recovering, towing, removing and storing of parked vehicles from private real property at the express instruction of the owners of such real property. As used in this article, "permit" shall not mean a municipal or county occupational license. (8) Property Owner. That person who exercises dominion and control over private real property, including but not limited to the legal titleholder, lessee, designated representative of a condominium association or any person authorized to exercise or share dominion and control over private real property. However, "property owner" shall not mean nor include in its meaning, the term "business enterprise." 2 (9) Recover. To take possession of a vehicle and its contents and to exercise control, supervision and responsibility over the vehicle. (10) Regulation. A rule set forth within this article made applicable to business enterprises, the disobedience of which is sufficient grounds for revocation of a permit. (1 1) Removing. The act of changing, by tow, the location of a parked vehicle from its location on private real property to the storage site of the business enterprise. (12) Revoke. The action of the Chief whereby a permit is annulled and made void. (13) Storing. The act of placing and leaving a towed vehicle at a site where the business enterprise exercises control, supervision and responsibility over the vehicle. (14) Towing. The act of hauling, drawing or pulling along a vehicle behind by means of another vehicle equipped with booms, car carriers, winches or similar equipment. (15) Vehicle. A mobile item which normally uses wheels, including but not limited to cars, trucks, trailers and motorcycles. Section 44-73 - Vehicles parked on private property; towing. (a) A property owner may cause any vehicle parked on such property without his or her Iiermission to be removed by a business enterprise without liability for the costs of removal, transportation or storage or damages caused by such removal, transportation or storage, under any of the following circumstances: (1) When the property is appurtenant to and obviously a part of a single family residential building; or (2) When the property is obviously not intended to be used for parking vehicles; or (3) In the case of any other property, when notice is prominently posted on the property in compliance with Section 715.07, Florida Statutes (as amended), or has been personally given to the owner or driver of the vehicle that the area in which such vehicle is parked is reserved or is otherwise unavailable for unauthorized vehicles; or 3 (4) When the vehicle has been parked in the same place without authorization for more than forty-eight (48) hours. (b) When any person causes a vehicle to be removed from property, he shall, upon request, immediately and without demanding compensation, inform the owner or lessor of such vehicle of the name and location of the business enterprise that has removed it. If the area from which the vehicle has been removed is unattended, the person causing the vehicle to be removed shall have prominent notice in such area of the name and location of the business enterprise that has removed the vehicle. (c) This section shall not apply to law enforcement, fire fighting, rescue squad, ambulance or other emergency vehicles which are marked as such. (d) When a person improperly causes a vehicle to be removed, such person shall be liable to the owner or lessee of the vehicle for the cost of removal, transportation and storage, any damages resulting from the removal, transportation or storage, and attorney's fees. Section 44-74 - Security Requirements. All business enterprises 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 business enterprise for its liability: (a) for injury to person, in an amount not less than $300,000 to any one person and $300,000 for any one accident; (b) for damage to property, in an amount not less than $300,000 for any one accident. Any such policy shall be issued by an insurance firm qualified to do business as such in the State of Florida and must name the City of Miami Beach as an additional insured. The City must receive thirty (30) days advance written notice in the event of cancellation of the above policies. The insurance must be approved by the City's Risk Manager prior to the issuance of a permit. All certificates will be kept on file in the office of the City's Risk Manager. •4 Section 44-75 - Permit required. (a) No business enterprise shall engage in the business of recovering, towing, removing and storing of vehicles which are parked on private real property and parked without the permission of the owner of the private real property unless such business enterprise shall first apply for and obtain, and subsequently maintain in unrevoked status, a permit issued pursuant to this article. (b) The requirement for a permit hereinabove described is a requirement separate and apart from and in addition to any county or City requirements for occupational licenses. The required permit is a regulatory permit and not a revenue generating permit. (c) Nothing herein shall be construed to mean that a natural person cannot work in or for such business enterprises without such permit. There is no requirement that employees or agents of such business enterprises apply for and obtain the permit provided for by,this article. The practice of a business enterprise to consider persons as independent contractors or employees shall not be construed to allow avoidance of the requirement that the business enterprise itself apply for, obtain, and maintain a permit. Section 44-76 - Issuance of permit; fees; renewal. (a) A permit issued or renewed pursuant to the provisions of this article shall not be transferable from one business enterprise to another business enterprise. All permits shall expire on the thirtieth (30) day of September of each year following the date of original issuance. Permits shall be renewajle annually. There shall be permit fees as determined by the City Manager, as established by administrative order, and as approved by the City Commission. Such fees, whether initial or renewal, shall accompany the application and shall be nonrefundable subsequent to the filing of said application. All monies received under this section shall be deposited with the Director of Finance of the City of Miami Beach, and shall be used to defray the expense of providing the services described in this article. (b) Permits shall be issued in the name of the business enterprise meeting the standards and requirements for permits. 5 t. (c) The City Manager, or his designee, is empowered and directed to issue permits to business enterprises which have met the standards and requirements for a permit and which are otherwise qualified for a permit. The City Manager is hereby authorized and directed to promulgate reasonable rules and procedures for the application, issuance and revocation of such permits and a schedule of maximum allowed rates as permitted by Sections 125.0103, 166.043 and 715.07, Florida Statutes (as amended). Section 44-77 - Permitting of business enterprises. (a) Application. All business enterprises desiring to obtain an initial permit or renew a previously issued and unrevoked permit shall submit an application in writing to the City Manager, or his designee, on forms prescribed by the City Manager. The application and all supporting documents shall be retained by the City Manager. All applications shall include: (1) Name of the business enterprise; and (2) If the business enterprise is a corporation, the name, date and State under whose laws such corporation was organized, and if a foreign (out of State) corporation, whether authorized to do business in the State of Florida, the fictitious name under which the corporation may be doing business, the names of the principal officers, directors, resident agent and local representatives, and their business addresses; or (3) If the business enterprise is a partnership, the fictitious name under which the partnership may be doing business, the name, business address of each partner; or (4) If the business enterprise is a sole proprietorship, the fictitious name under which the sole proprietorship may be doing business, the name, business address of the natural person who owns, controls or directs the sole proprietorship; and (5) A list of all persons having a financial interest in excess of $2,000.00 in the business enterprise; and (6) A list of all persons with ownership interests in the business enterprise who have previously been denied a permit; and 6 (7) The signature of the president or vice-president of the applying corporation; or, the signature of a partner of the applying partnership; or, the signature of the natural persons who owns, controls or directs the applying sole proprietorship; and (8) Such other information and data as the City Manager, or his designee, may consider appropriate. (B) Standards for issuance of a permit. The City Manager, or his designee, shall approve the application for issuance or renewal of a license hereunder where he/she finds: (1) That the application has been fully completed and submitted; and (2) That the initial application or renewal application fee has been paid; and (3) That proof of insurance, as required in Section 44-74 of this Chapter, has been met; and (4) That the applicant has been subject to a complete background investigation as it affects the towing industry, conducted by the Chief, or his designee, and it has been determined by the Chief that: (a) The applying business enterprise, if a corporation, does not have as an officer or director, a person who is or was an officer, director, partner or sole proprietor of a business enterprise which has a currently suspended permit or has had its permit revoked within five (5) years of the date of application; or (b) The applying business enterprise, if a partnership, does not have as a partner a person who is or was an officer, director, partner or sole proprietorship of a business enterprise which has a currently suspended permit or has had its permit revoked within five (5) years of the date of application; or (c) The applying business enterprise, if a sole proprietorship, does not have as the sole proprietor a person who is or was an officer, director, partner or sole proprietor of a business enterprise which has a currently suspended permit or has had its permit revoked within five (5) years of the date of application; or 7 (d) The permit is not revoked or currently under suspension; or (e) No fraud or willful and knowing misrepresentation or false statement was made in the application. Section 44-78 - Revocation of Permit; Appeal; Review. Any person dissatisfied or aggrieved with the decision of the Chief, or his designee, with reference to any recommendation for denial of his/her application for such permit or the revocation or suspension of such permit, may within ten (10) days after such denial, revocation or suspension, appeal to the City Manager or his designee who shall schedule a hearing on the matter and upon the affirmance or approval of the action taken by the Chief, such action shall be final. At this hearing, witnesses shall be sworn and the rules of evidence applicable to quasi-judicial proceedings shall govern. When the City Manager, or his designee, upon the original review, determines that the applicant is entitled to such permit, the City Manager, or his designee, shall immediately issue such permit or reinstate the permit if revoked or suspended, all conditions having been complied with. Section 44-79 - Regulations. No business enterprise issued a permit under this article shall: (1) Recover, tow, remove or store a vehicle unless the business enterprise's tow truck, or other vehicle used in the towing, shall clearly display on the driver and passenger sides in at least two (2) inch high letters, the business enterprise's name, address, telephone number and occupational license number; or (2) Recover, tow, remove or store a vehicle unless the business enterprise shall file and keep on record with the City Manager and the Chief, a complete copy of the current rates charged for the towing and storage of vehicles and prominently display at the storage site an identical rate schedule and copies of all written contracts or agreements between the business enterprise and property owners, lessors, or persons in control of property which relate to the towing and removal of vehicles; or (3) Pay or rebate money, or solicit or offer the payment or rebate of money, or other valuable consideration, to property owners from which vehicles may be towed or removed, for the privilege of towing or removing vehicles; or 8 (4) Recover, tow, remove or store a vehicle unless notice is posted fulfilling the following requirements: (a) Notice, in the form of a sign structure, shall be prominently placed at each driveway access or curb cut allowing vehicular access to the property, within five (5) feet from the public right-of-way line. If there are no curbs or access barriers, signs shall be posted not less than one (1) sign each twenty-five (25) feet of lot frontage. In those instances when the property owner demonstrates a hardship and applies for a waiver of this 25-foot provision between signs, on a form approved by the City Manager, such waiver may be granted by the City Manager, at his sole discretion. The sign structure shall be permanently installed with the bottom of the sign not less than four (4) feet above ground level and the top of the sign not more than ten (10) feet above ground level, and shall be continuously maintained on the property for no fewer than twenty-four (24) hours before the towing or removal of vehicles. (b) The notice shall clearly display: (i) in not less than two (2) inch high, light-reflective letters on a contrasting background, that unauthorized vehicles will be towed away at the owner's expense; and (ii) in not less than four (4) inch high, light-reflective letters on a contrasting background, the words "tow-away-zone;" and (iii) in not less than two (2) inch high, light-reflective letters on a contrasting background, the days of the week, and hours of the day during which vehicles will be towed away at the owner's expense where the property owner or business enterprise selectively causes the towing of vehicles dependent on the day of the week and hour of the day the vehicle is parked; and (iv) in not less than two (2) inch high, light-reflective letters on a contrasting background, the name and telephone number of the business enterprise, if there exists a written contract between the property owner and business enterprise for the towing of vehicles; and (v) in not less than one (1) inch high, light-reflective letters on a contrasting background, the address of the storage site. 9 (c) The posting of the notice requirements of this section shall not be required where: (i) the private property on which a vehicle is parked is property appurtenant to and obviously a part of single-family type residences; or (ii) notice is personally given to the owner or operator of the vehicle that the private property on which the vehicle is or will be parked is reserved or otherwise not available for unauthorized vehicles and subject to being removed at the owner's expense; or (5) Recover, tow, remove or store a vehicle except upon the express instruction and written authorization demonstrating a signature of the property owner or agent to the business enterprise requesting the tow or removal. Such agent shall not be an officer or employee of the business enterprise. No such instruction shall be considered to have been given by the mere posting of the,notice as required by paragraph 4(a) of this section. No such instruction shall be considered to have been given by virtue of the mere terms of any contract or agreement between a business enterprise and a property owner. No such instruction shall be considered to have been given where the instruction occurs in advance of the actual unauthorized parking of the vehicle. No such instruction shall be considered to have been given where the instruction is general in nature and unrelated to specific, individual and identifiable vehicles which are already unauthorizedly parked; or (6) Tow, remove or store a vehicle where the registered owner or other legally authorized person in control of the vehicle arrives at the scene of potential towing prior to towing or removal, except where: (a) The registered owner or other legally authorized person in control of the vehicle refuses to remove the vehicle; or (b) A complete mechanical connection exists between the vehicle and the towing or removal apparatus and the registered owner or other person in control of the vehicle refuses to pay a reasonable service fee of not more than one-half (1/2) of the posted rate for such towing service as required by this article; or (7) Tow or remove a vehicle where there is a natural person occupying the vehicle; or 10 (8) Recover, tow, remove or store a vehicle unless the business enterprise shall, within thirty (30) minutes of the completion of the removal, notify the City of Miami Beach Police Department of: the recovery, towing and removal, the storage site, the time the vehicle was towed or removed, and the make, model, color, vehicle identification number, and license plate number of the vehicle; or (9) Recover, tow, remove or store a vehicle unless the business enterprise shall maintain trip record(s) relating to the previous calendar year. The trip record(s) must indicate at a minimum: (a) The name of the business enterprise; (b) The date and time of the day in hours and minutes when a specific vehicle was recovered, towed, removed and stored; (c) The make, model, color, vehicle identification number, and license plate number of the specific vehicle(s); (d) The precise address or description of the location from which the specific vehicle(s) was removed; (e) The full name of the property owner or designated representative who expressly instructed the removal of the specific vehicle(s); (f) The name of the law enforcement department to whom notification of the towing or removal of the vehicle was given pursuant to subsection (8); or (10) Recover, tow, remove or store a vehicle unless the vehicle shall be towed directly to the business enterprise's storage site and the vehicle shall not be kept in any temporary holding area; or (1 1) A. For the first 48 hours, store or impound a towed vehicle unless the towed vehicle is stored or impounded within the confines of the City of Miami Beach at an authorized storage facility; or B. After the passage of 48 hours, and if the vehicle has not been picked up by the owner, store or impound a towed vehicle unless at a distance which exceeds a five (5) mile radius of the location from which the vehicle was recovered, towed and removed unless no towing business is located within a five (5) mile radius in which case a towed or removed vehicle must be stored at a site within twenty (20) miles of the point of removal; or 11 (12) Recover, tow, remove or store a vehicle unless the business enterprise shall assist the registered owner in obtaining any identification and documentation of ownership as well as any personal effects, medical materials and perishable goods contained within the stored vehicle that the registered owner has requested; or (13) Recover, tow, remove or store a vehicle unless the business enterprise shall file, and keep on record with the Chief, a complete photocopy of any and all fully-executed contracts, agreements or other authorizations, by and between the business enterprise, and any property owners for the removing of vehicles from the property owner's property; or (14) Recover, tow, remove, or store a vehicle unless the business enterprise's tow trucks or other vehicles, or equipment used in towing, and storage sites used in connection with towing operations, shall have been inspected by the Chief, or his designee, for any violations of State, County or City laws, ordinances or regulations; or (15) Recover, tow, remove or store a vehicle unless the vehicle is released to its owner or custodian within one-half (1/2) hour after requested, and payment of appropriate fees as limited by the provisions of this ordinance. Any vehicle owner, custodian or agent shall have the right to inspect the vehicle before accepting its return, and no release or waiver of any kind which would release the person or firm towing the vehicle from liability for damages noted by the owner or other legally authorized person at the time of the redemption may be required from any vehicle owner, custodian or agent as a condition of release of the vehicle to its owner; or (16) Use physical force or violence, or threat of physical force or violence, in dealing with persons who are responsible for administering this article or persons who have had or are about to have their vehicles recovered, towed, removed or stored; or (17) Misrepresent or make any false statement in the conduct of the business enterprise; or (18) Fail to maintain insurance as required by Section 44-74 of this Chapter; or (19) Fail to satisfy a judgment arising out of the business enterprise prior to a permit renewal, unless a stay of denial is procured during the pendency of a court appeal; or 12 (20) Violate any of the provisions of this article, or rules and regulations promulgated thereunder, or Chapter 715, Florida Statutes. (21) In conjunction with the issuance of the permit, and for good cause, the Chief has the right, for a fee to be set by a Resolution of the City Commission, to require that each licensed towing company truck operated within the City of Miami Beach be inspected by the police to insure that it is a safe vehicle and in compliance with all insurance regulations and all legal requirements. This paragraph is added for the protection of the City, and also may be utilized to defray the cost in carrying out the intent and operation of the Article. The City Manager has the power to suspend or reject the use of any towing vehicle deemed unsafe or not up to standard by the Chief. Section 44-80 - Penalties. If any business enterprise shall fail or refuse to comply with, or violates, any of the provisions of this article, or any lawful rule or regulation promulgated hereunder, or any 1d'wful order of the Chief or City Manager issued or rendered under and pursuant to the provisions of this article, such business enterprise shall be punished by a fine not to exceed five hundred dollars ($500.00). Each day of continued violation shall be considered as a separate offense. Section 44-81 - Liens for Towing Vehicles. (a) Whenever a business enterprise removes a vehicle pursuant to this article, the business enterprise shall have a lien on such vehicle for a reasonable towing and storage fee. SECTION 2. SECTION 44-66 OF THE CODE OF THE CITY OF MIAMI BEACH WHICH READS AS FOLLOWS: Section 44-66 - Additional Standards for Storage of Towed Vehicles. In addition to the standards imposed by Section 715.07, Florida Statutes (1979): (a) No vehicle towed or removed from private property within the City of Miami Beach may be stored at a site located outside the City of Miami Beach. (b) No vehicle may be towed or removed from private property within the City of Miami Beach unless it is stored at a site located within the City limits of the City of Miami Beach open for the purpose of payment of towing and storage charges and redemption of vehicles twenty-four hours per day. (Ord. No. 82-2292, Section 2.) IS HEREBY REPEALED IN ITS ENTIRETY. 13 (20) Violate any of the provisions of this article, or rules and regulations promulgated thereunder, or Chapter 715, Florida Statutes. (21) In conjunction with the issuance of the permit, and for good cause, the Chief has the right, for a fee to be set by a Resolution of the City Commission, to require that each licensed towing company truck operated within the City of Miami Beach be inspected by the police to insure that it is a safe vehicle and in compliance with all insurance regulations and all legal requirements. This paragraph is added for the protection of the City, and also may be utilized to defray the cost in carrying out the intent and operation of the Article. The City Manager has the power to suspend or reject the use of any towing vehicle deemed unsafe or not up to standard by the Chief. Section 44-80 - Penalties. If any business enterprise shall fail or refuse to comply with, or violates, any of the provisions of this article, or any lawful rule or regulation promulgated hereunder, or any 1d'wful order of the Chief or City Manager issued or rendered under and pursuant to the provisions of this article, such business enterprise shall be punished by a fine not to exceed five hundred dollars ($500.00). Each day of continued violation shall be considered as a separate offense. Section 44-81 - Liens for Towing Vehicles. (a) Whenever a business enterprise removes a vehicle pursuant to this article, the business enterprise shall have a lien on such vehicle for a reasonable towing and storage fee. SECTION 2. SECTION 44-66 OF THE CODE OF THE CITY OF MIAMI BEACH WHICH READS AS FOLLOWS: Section 44-66 - Additional Standards for Storage of Towed Vehicles. In addition to the standards imposed by Section 715.07, Florida Statutes (1979): (a) No vehicle towed or removed from private property within the City of Miami Beach may be stored at a site located outside the City of Miami Beach. (b) No vehicle may be towed or removed from private property within the City of Miami Beach unless it is stored at a site located within the City limits of the City of Miami Beach open for the purpose of payment of towing and storage charges and redemption of vehicles twenty-four hours per day. (Ord. No. 82-2292, Section 2.) IS HEREBY REPEALED IN ITS ENTIRETY. 13 SECTION 3. REPEALER. All ordinances or parts in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILITY. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court or competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 5. INCLUSION. It is the intention of this City Commission, 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 codification, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 6. EFFECTIVE DATE. This ordinance shall take effect ten (10) days after its adoption, on October 29 , 1988. PASSED and ADOPTED this 19th day of October . 1988. 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