Ordinance 93-2875 ORDINANCE NO. 93-2875
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI
BEACH CITY CODE CHAPTER 44, ENTITLED "VEHICLES AND
TRAFFIC", AMENDING ARTICLE IX, ENTITLED "POLICE
VEHICLE TOWING" BY REVISING PROCEDURES FOR AWARDING
OF POLICE VEHICLE TOWING PERMITS, SUSPENSION AND
REVOCATION OF PERMITS AND APPEALS FROM
SUSPENSIONS/REVOCATIONS AND BY INCREASING THE
PERMIT FEE PAID TO THE CITY BY PERMITTEES;
PROVIDING FOR REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, awarding all police vehicle towing permits at the
same time rather than on a staggered basis will improve the
effectiveness and efficiency of the selection process; and
WHEREAS, the City Commission believes that factors such as
past performance history, number of years in the towing business,
financial stability, and size of Miami Beach vehicle storage
facility should be utilized to determine the selection of a
permittee when there are multiple qualifying applicants for police
vehicle towing permits rather than basing the selection on a
lottery drawing as currently required by City Code Chapter 44 ; and
WHEREAS, for more efficient administration, towing of
abandoned vehicles should be performed by the same permittees who
handle other police tows; and
WHEREAS, the procedures for suspension and revocation of
police vehicle towing permits need to be updated and clarified.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
Section 1. Amendment of Article IX of Chapter 44 .
Article IX, entitled "Police Vehicle Towing" of Miami Beach
City Code Chapter 44 , entitled "Vehicles and Traffic" is hereby
amended as follows:
Article IX. Police Vehicle Towing
Sec. 44-55 Same - Consideration of application; grant or
denial by recommendation of city manager;
award of permit(s) .
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 with approval of the city
commission, shall be declared qualified applicants by the city
manager. The city manager shall file with the city commission his
recommendation as to how many permits should be awarded, whether an
applicant is qualified, and to which of the qualified applicants
permits should be awarded. In determining the applicant (s) to be
recommended for award of a permit the city manager shall consider
the information furnished by the applicant on the required
application forms as well as the following factors: 1) past
performance history; 2) number of years of experience in the towing
business; 3) financial stability; and 4) size of applicant ' s Miami
Beach vehicle storage facility. The city commission shall
determine the number of permits to be awarded, and the awardee(s)
of the permit (s) . 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 applicant.. awarded by the city commission after
consideration of the city manager' s recommendation and the factors
set forth in this section.
Sec. 44-56. Same - Duration of permits.
- - -- - - - e- - -- a -- - • - -
among the qualified applicants. The first permit shall be i sued
for a four y ar period, the second permit for a three year period,
and the third for a two year period. Upon expiration of Bch
permit, a Each new permit may be issued by the City Commission for
a three year period, pursuant to the provisions of this article; as
being currently qualified and whose renewal is subject to approval
by a majority vote of the city commission except that in order to
eliminate the current practice of awarding such permits for
staggered terms, the permitjs) awarded on October 1, 1994 shall be
issued for a two year period.
2
Sec. 44-57 . Police vehicle towing permits-issuance; fee.
Two Grantees of a permit under this article shall be issued a
six-month permit upon payment of a fee of tcn thousand fifteen
thousand dollars payable prior to the commencement of the permit
period, and upon satisfactory proof of compliance with other
applicable provisions of this article and such supporting
regulations as may be promulgated by the city manager. A six-month
renewal fee of ten—thousand fifteen thousand dollars 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. The six-month periods
shall commence on October first and April first of each year.
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.
One or more permits for abandoned vehicle towing shall be
Sec. 44-61. Same - Suspension/revocation of permits;
appeals. Revocation; appeal of revoaaten.
Each awardee of a permit pursuant to this article shall comply
at all times with the Administrative Rules and Regulations for
Police Towing Permit as amended from time to time and with all
applicable city, county, state and federal ordinances, regulations
and statutes. The city manager or his designee may suspend or
revoke a permit for failure to comply after holding a hearing in
accordance with the procedures for suspension/revocation of
occupational licenses as set forth in sections 20-44 of this code.
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 ha. failed to perform under the permit ordinance or the
3
- . -: - -= - - = , : - - :- -it for a
- = - . The permit fee shall
not be reduced during periods of suspension and such work as may
have been due the suspended permit holder may be assigned instead
to the remaining permit holder(s) . - . .- - ' : : -. . - : •• - -
during any 180 day period shall result in permit revocation
Appeals from a suspension or revocation pursuant to this
section shall be to a court of appropriate jurisdiction in
accordance with the Florida Rules of Appellate Procedure.
* * *
Section 2 . Repealer.
All ordinances or parts of ordinances in conflict herewith be
and the same are hereby repealed.
Section 3. Severability.
If any section, subsection, clause or provision of this
Ordinance is held invalid, the remainder shall not be affected by
such invalidity.
Section 4 . Effective Date.
This Ordinance shall take effect on the 2nd day of
October , 1993 . /September
PASSED and ADOPTED this 22nd day of/ , 1993.
t%
i`
ATTEST:
f"
,-----7
MAYOR
CITY CLERK
1st reading 9/8/93
2nd reading 9/22/93
SWS:scf:disk5\polictow.ord
FORM APPROVED
LEGAL DEPT. 4
By ,\ G�
Da sto --So- � a
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. 5/5.--
TO:
`/5 ►'TO: Mayor Seymour Gelber and DATE: September 22 , 1993
Members of the City Commission
FROM: Roger M. Carlt
NALLA ___,
City Manage
SUBJECT: RECOMMENDATION TO AMEND MIAMI BEACH CITY CODE CHAPTER 44,
ENTITLED "VEHICLES AND TRAFFIC" , AMENDING ARTICLE IX,
ENTITLED "POLICE VEHICLE TOWING" BY REVISING PROCEDURES
FOR AWARDING OF POLICE VEHICLE TOWING PERMITS, SUSPENSION
AND SUSPENSIONS/REVOCATIONS AND BY INCREASING THE PERMIT
FEE PAID TO THE CITY BY PERMITTEES.
ADMINISTRATION RECOMMENDATION:
The Administration recommends to amend Miami Beach City Code
Chapter 44 , entitled "Vehicles and Traffic" , amending Article IX,
entitled "Police Vehicle Towing" by revising procedures for
awarding of police vehicle towing permits, suspension and
revocations and by increasing the permit fee paid to the City by
permittees from $10, 000 to $15, 000, every six (6) months . One
towing permit (Tremont Towing) , expires September 30 , 1993 . The
ordinance is attached hereto.
Approve on second reading, the first reading was on September 8 ,
1993 .
BACKGROUND:
Currently, all awarded police vehicle towing permits are done on a
staggered basis; however, it would be more advantageous to the City
to award all permittees at one time . Factors such as past
performance history, number of years in the towing business,
financial stability, and size of Miami Beach vehicle storage
facility should be used to determine the selection of a permittee
when there are multiple qualifying applicants for police vehicle
towing permits rather than basing the selection on a lottery
drawing as currently required by City Code Chapter 44 .
ANALYSIS :
The present Ordinance requires separate permits for towing
abandoned vehicles . Awarding of all police vehicle towing permits
to the same company is more manageable and efficient . The Request
For Proposal will provide for a competitive process for the towing
of abandoned vehicles .
Continued. . .
i3
AGENDA e _
ITEM l
DATE
COMMISSION MEMORANDUM PAGE TWO SEPTEMBER , 1993
The procedure for the suspensions/revocations needed to be updated
and clarified. This will give the City Manager more control in the
event the need dictates .
CONCLUSION:
The changes in the attached Ordinance provide for a more
controllable and responsive towing contract . Removing the
staggered terms allows for the contract to be consistent when
changes are required. In contrast to the lottery approach,
changing the proposed method of selection will take into
consideration all conditions that directly impact the Miami Beach
community.
In order to have a more efficient administration, towing of
abandoned vehicles should be performed by the same permittees who
handle other police tows . , The procedures for suspension and
revocation of police vehicle towing permits need to be updated and
clarified. The recommended changes to Chapter 44 achieve these
objectives .
RMc : lcd
Attachment
79
•
•
•
•
.n
00
N w U
I 4-) •r1
Cr) g.4I
c0• L I
.0 ct3
U }�
CD H
-Jz
• by
0 t~
• C.J UCn
sz +J v
D H •H
r=1 c._)
x •r,
o •
P:1 v
• �
oov
• (I)
•H rI
v +J
W +J
FL,
r