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Ordinance 80-2222 ORDINANCE NO. 80-2222 AN ORDINANCE AMENDING CHAPTER 44 OF THE CITY CODE OF THE CITY OF MIAMI BEACH RELATING TO VEHICLE AND TRAFFIC; PROVIDING FOR THE APPLI- CATION FOR AND ISSUANCE OF POLICE TOWING PER- MITS; PROVIDING FOR MULTIPLE PERMITS, ASSIGN- MENT OF WORK, SERVICE RATES, REVOCATION OF PERMITS; PROVIDING FOR PROMULGATION OF ADMIN- ISTRATIVE RULES AND REGULATIONS; PROVIDING SEVERABILITY; REPEALING ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1 : That Chapter 44 of the City Code of the City of Miami Beach, Florida be and the same is hereby amended by adding a new article thereto to be designated Article IX, entitled Police Vehicle Towing, which shall read as follows: Section 44-52. Police Vehicle Towing Permits - Required. It shall be unlawful for any person to tow or store veh- icles identified by the Police Department as requiring removal from the public ways without first having ob- tained a permit to do so as provided in this article. Section 44-53. Same - Regulations . The City Manager shall promulgate such rules and regu- lations as may be necessary to govern the discharge of services required under this article , subject to approval by the City Commission. Such rules and regulations shall be known as the Administrative Rules and Regulations for Police Towing Permit . Each applicant shall receive a copy of all existing rules and regulations . The rules and regulations shall include but not be limited to : storage facilities and procedures , protection of prop- erty, location changes of impounded vehicles , tow service requests and responses , attendants , road hazard removal , reports and files required, forfeiture seizures of veh- icles , releases , equipment and communication require- ments , complaint and dispute procedures , water recover , competence of applicants, application format , vehicle classifications , service rate schedules , definitions , and any other regulations as may be deemed necessary for operations under the permit. Section 44-54. Same - Application. An application for a permit under this article shall be filed in writing with the City Manager . Such application shall be verified by the oath of the person making such application as to the truth of the statements contained therein, if a natural person, by such person; by the officers thereof , if the applicant is a corporation; or by a member thereof, if the applicant is a partnership. Such application shall include the name and address of the applicant and the address of its officers , if any. The total number of permits granted under this article shall not exceed three. OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 Section 44-55. Same - Consideration of Application; Grant or Denial by City Manager. The City Manager shall consider all applications for permits under this article and may, if deemed advisable , summon and examine the applicant in regard thereto . Applicants meeting the requirements of this article and such supporting regulations as may be promulgated by the City Manager, shall be declared qualified applicants . The City Manager shall then file with the City Commission his recommendation as to whether an applicant is qualified. In all such cases , a majority vote of the City Commission shall be necessary to grant such a permit . Should there be more qualified applicants than permits available in any given year, the permit (s) shall be assigned by lottery among the qualified applicants . Section 44-56. Same - Duration of Permits . The issuance of permits on October 1 , 1980 shall be by lottery among the qualified applicants . The first permit shall be issued for a four year period, the second permit for a three year period, and the third for a two year per- iod. Upon expiration of each permit , a new permit shall be issued for a three year period and and renewed auto- matically every three years thereafter . Section 44-57. Same - Issuance; Fee. The Grantee of a permit under this article shall be issued a permit upon payment of an annual fee of $5, 000. 00, pay- able prior to the commencement of the permit year , and upon satisfactory proof of compliance with other applic- able provisions of this article and such supporting reg- ulations as may be promulgated by the City Manager. An annual renewal fee of $5, 000. 00 shall be paid to the City no later than 12: 01 a .m. on the first day of each renewal date during the term of the permit . Failure to remit timely payment shall result in automatic forfeiture of the permit and the applicant shall be prohibited from applying for another permit for a four-year period. In the event the permit holder defaults or forfeits permit , all fees paid by the permit holder will be forfeited, and become the property of , and will be due and owing to the City. Section 44-58 . Same - Multiple Permits. A permit holder may apply for additional permits but said applications will not be considered if there are other qualified applicants . Only one application may be sub- mitted from each tow service contractor . If a multiple permit holder under this section defaults , the default shall apply to all permits held at time of default . When one or more permits are vacant and the City Manager is unable to obtain qualified applicants , the vacant permit (s) may be offered to a incumbent permit holder. The offer shall be in writing to the incumbent permit holder (s) . Failure to accept the offer within ten days shall result in the City Manager taking such action as may be necessary to provide the services including the estab- lishment of a rotation system among non-permit holders , assumption of service by the city or any other method deemed necessary to provide continuity of service . The City Manager reserves the right to split permits to -2- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139 • evenly distribute work available when necessary. Upon acceptance of an offer by an incumbent permit holder , the applicable fee for the remaining portion of the permit period shall be pro-rated. Section 44-59. Same - Work Orders . The permit holders shall receive work orders from the City of Miami Beach Police Department on a rotation basis . Section 44-60. Same - Service Rates. Towing service rates as established by the Administrative Rules and Regulations shall be reviewed at least bi- annually by the City Manager and submitted to the City Commission for their consideration on or about August 1 of even numbered years . Upon approval by the City Commis- sion, the rates and fees shall become the maximum rates allowable for all towing services performed under the per- mit and shall take effect on October 1 of even numbered years , or as soon thereafter as possible . The City Manager shall have the discretionary authority to waive the rate schedule in unusual cases upon application by a permit holder. The City Manager 's decision on waivers shall be final. The rates shall be published in the Administrative Rules and Regulations . Section 44-61. Same - Revocation; Appeal - from Revocation. The provisions of Article II , Chapter 20 of the Code shall apply in all revocations of permits except that the City Manager may, upon receipt of evidence and investigation of same that the permit holder has failed to perform under the permit ordinance or the Administrative Rules and Regulations , suspend the permit for a period of not more than thirty days with no reduction in the permit fee re- assigning such work as may have been due the suspended permit holder to the remaining permit holders . These administrative suspensions shall be final . Suspension for cause two times during any 180-day period shall result in permit revocation procedures as defined in Article II of this chapter. Section 44-62. Same - Vacancy. Should a permit holder default, or the permit become vacant for any reason, the city shall consider appli- cations for the balance of the permit term. The permit issued shall be valid for the remainder of the unexpired term plus an additional three-year period unless the vac- ancy occurs within six months of issuance in which event 1 the permit shall be valid only for the remainder of the unexpired term. Fees for portions of permit terms shall be pro-rated accordingly. Section 44-63 . Same - Transferability. All permits issued by the City Commission, pursuant to this article, shall not be transferable without the prior consent of the City Commission. SECTION 2: Severability. If any provision of this Ordinance , or the application of such provision to any person or circumstance is declared invalid by a court of competent jurisdiction, -3- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 such invalidity should not affect any other provision or application of this Ordinance, it being the intent of the City Commission that this Ordinance shall be deemed severable. SECTION 3: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 4: This Ordinance shall go into effect upon its passage in accordance with law. PASSED and ADOPTED this 20th day of August , 1980. Mayor Attest: City Cl rk 1st Reading - August 6, 1980 2nd Reading - August 20, 1980 FORM APPROVED LEGAL DEPT. By Date lnti:;:11: BMS :el -4- OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 . • ro ro 03 ro O U a) H 1 U cd N •rl U CO N C •ri .IJ N (1) H rl i a o a) co a) co N W Zan H o a) 4) 0. W o O 0 O U 4-I H bA N Z o U H ^•ri •r1 q U H �t •rl 0 0 • ? P-I .0 o Sat H LH cd.a. o •o •^ a) :) ro •r i O 4-4 cd () 4- • N U3