Ordinance 95-3000 ORDINANCE NO. 95-3000
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" , AMENDING SECTION 44-56, ENTITLED
"DURATION OF PERMITS" BY PROVIDING THAT THE TERM OF
THE PERMIT WHICH EXPIRED ON SEPTEMBER 30, 1994 AND
WHICH WAS EXTENDED UNTIL JUNE 30, 1995 SHALL BE
FURTHER EXTENDED UNTIL SEPTEMBER 30, 1996;
AMENDING SECTION 44-57, ENTITLED "POLICE VEHICLE
TOWING PERMITS-ISSUANCE; FEE" BY INCREASING THE
PERMIT FEE PAID TO THE CITY BY PERMITTEES;
PROVIDING FOR A REPEALER, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, the Administration has recommended raising the permit
fee paid to the City by holders of Police Towing Permits in keeping
with fees paid by such permittees in some other municipalities and
making extensive changes to the rules and regulations pertaining to
police towing; and
WHEREAS, it is in the best interests of the City to further
extend the term of the Police Towing Permit which expired on
September 30 , 1994 and was extended until June of 1995 until
September 30, 1996 in order to eliminate the current practice of
awarding permits to permittees for staggered terms and in order to
provide for a smooth transition for the implementation of the new
rules and regulations .
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 .
That Section 45-56 of Article IX, entitled "Police Vehicle
Towing" of Miami Beach City Code Chapter 44, entitled "Vehicles and
Traffic" is hereby amended as follows :
Sec. 44-56 . Same - Duration of permits.
a—Each permit may be issued by the City Commission for a three
year period, pursuant to the provisions of this article; except
that in order to eliminate the current practice of awarding such
permits for staggered terms and to allow for a smooth transition
for the implementation of new rules and regulations pertaining to
police towing, the term of the permit (s) awarded which expired on
September 30, 1994 and which was extended until June 30 , 1995 eft
October 1, 1994 shall be further extended until issued for a two
year period September 30 , 1996 .
SECTION 2 . AMENDMENT OF SECTION 44-57 .
That Section 44-57 of Article IX, entitled "Police Vehicle
Towing" of Miami Beach City Code Chapter 44 , entitled "Vehicles and
Traffic" is hereby amended as follows :
Sec. 44-57 . Police vehicle towing permits-issuance; fee.
Grantees of a permit under this article shall be issued an
annual six month permit upon payment of a fcc of fifteen thousand
2
s
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 fcc of
fifteen thou3and dollars shall be paid to the city no later than
12 : 01 A.M. on the firot day of each renewal datc during the term of
the permit . The Six month period3 Shall commence on October fir3t
and April first of each y ar. Beginning on July 1, 1995 ,
permittees shall pay to the City a permit fee consisting of twenty
dollars ($20 . 00) per vehicle tow according to the payment time
schedule and regulations set forth in the Administrative Rules and
Regulations for Police Towing Permit as amended from time to time .
Any monies already paid to the City by current permittees for the
period from July 1, 1995 through September 30 , 1995 pursuant to the
former six month permit fee requirement shall be credited against
the new per vehicle tow fee. 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.
3
* * *
SECTION 3 . REPEALER.
All ordinances or parts of ordinances in conflict herewith be
,
and the same are hereby repealed.
SECTION 4 . SEVERABILITY.
If any section, subsection, clause or provision of this
Ordinance is held invalid, the remainder shall not be affected by
such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the 1st day of
July , 1995 .
PASSED and ADOPTED this 21st day of June , 1995.
Ai
// , /
ATTEST: Alkiilli .40t
MAYOR
/ / / / igg( NIIIIIIIP'
je
CITY CLERK
st reading 6/7/95
2nd reading 6/21/95
SWS:scf:6.0disk8\pol-tow.ord
FO' A °P r LVEDle 4
s. %est.
/
`
Byf / �/i 1/
Date 6W5 g--12 -?s
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. 4,17q-q.s
TO: Mayor Seymour Gelber and
Members of the City Commission DATE: June 21, 1995
FROM: Jose Garcia-Pedrosa
City Manager
SUBJECT:
AMENDMENT III i LICE TOWING ORDINANCE INCREASING
PERMIT FEE • D EXTENDING PERMIT TERM
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the Mayor and City Commission adopt the attached Ordinance
on second reading increasing the permit fee for police towing permittees and extending the term of
one of the permittees until September 30, 1996. The Ordinance extends the permit of one permittee
in order to eliminate the staggering of, terms, and to provide a smooth transition for the
implementation of new rules and regulations including establishing a permit fee of$20 per tow.
BACKGROUND:
This Ordinance was passed on first reading on June 7, 1995. The towing service providers Tremont
Towing located at 1916 Bay Road, Miami Beach,Florida and Beach Towing,located at 1349 Dade
Boulevard, Miami Beach, Florida currently have a permit issued by the City to provide towing
service for the Police Department. The permit includes the following provisions which the
Administration is recommending to be amended:
Existing:
1. The permits were issued for a three year period. One such permit expired on September 30,
1994. This was extended with the City Commission approval to June 30, 1995,to allow the
City to develop new rules and regulations utilizing recommendations from Lockheed study.
2. The permit fee is $15,000 per period (six months) for each of the two service providers for
a total permit fee of$60,000 annually. During Fiscal Year 93/94 the Police and Parking
Department initiated 7,600 tows. This equates to approximately $7.89 per tow which the
City received from the permittees.
3. Repealer/severability Clause
AGENDA ITEM R-3-14
14
1 DATE —Z — l S
3
Proposed:
1. The expired permit is to be extended for an additional 15-month period ending September
30, 1996,so as to be coincidental with the expiration of the other permit. This will eliminate
the current practice of issuing permits on staggered terms and will provide for a smooth
transition for the implementation of the new rules and regulations.
2. Effective July 30, 1995,the permit fee shall be $20 per tow according to the payment time
schedule and regulations set forth in the Administrative Rules and Regulations for the Police
Towing Permit.
ANALYSIS:
The Office of Management and Budget conducted a review of the Police Towing regulations and has
recommended the following amendments: A towing fee of$20 per tow. This will generate an
additional $192,000 in towing revenue. The current permit is issued to each towing company on a
six month basis for a$15,000 per permit and is renewable for an additional six months or a total of
$60,000 annually for a period of three years. The purpose of the amendment is ensure that the City's
administrative expenses in both the Police and Parking Department are reimbursed. The$20 fee will
be applied solely to tows from public areas and will not be applied to tows from private sites.
The extension of the permit from July 30, 1995, to September 30, 1996, will eliminate staggered
terms and provide a smooth transition to the new rules and regulations by retaining the current
permits through the transition period. This amendment is consistent with the Lockheed Martin's
recommendation for violation towing. Specifically, Lockheed recommends that the City should
recover Parking Department and Police Department expenses that are associated with the City's
towing effort.
CONCLUSION:
The Administration recommends that the Mayor and City Commission adopt this Ordinance in order
to extend the expired permit to September 30, 1996, and amend towing permit fees to $20 per tow.
JGP:pp
a:commmem\police.tow
2
•
a
b
0
a)
o ro
tu1M -4-
1-(1
N u
J-J •r-1
or:14 14-1
Raw •
Z a
Z H
H U N
C-7 Uro •
•
.
O H
›, CO •
4-1 G) •
•r-1 r-1 •
U U •
• q •
Pg 4)
• DC
0.0 TJ
• N N
•r1 r'-I r-i
U
0 •rl •-1
N Q