Ordinance 96-3036 ORDINANCE NO. 96-3036
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 X,ENTITLED "ADOPTION OF STATE TOWING
STANDARDS" BY AMENDING SECTION 44-68 ENTITLED
"ADDITIONAL STANDARDS - VEHICLES ON CITY PROPERTY"
PROVIDING THAT VEHICLES BEING TOWED FROM CITY PROPERTY
SHALL BE DISCONNECTED FROM THE TOWING OR REMOVAL
APPARATUS UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
WHEREAS, Section 715.07 (2)(a)(3) of the Florida Statutes provides that vehicles parked
on private property shall be disconnected from the removal or towing apparatus if the registered
owner or legally authorized person in control of the vehicle arrives at the scene, pays a reasonable
service fee which is no more than one-half of the posted rate, and removes the vehicle from the
private property; and
WHEREAS,the City of Miami Beach has adopted State of Florida Towing Standards under
Article X of Chapter 44 of the Miami Beach City Code as well as certain additional standards with
regard to vehicles on City property; and
WHEREAS,the City of Miami Beach deems it advisable and in the public interest to enact
provisions for the towing of vehicles from City property which are comparable to the provisions for
the towing of vehicles from private property.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. AMENDMENT OF SECTION 44-68 OF ARTICLE X OF MIAMI
BEACH CITY CODE CHAPTER 44.
That Section 44-68 entitled "Additional Standards - Vehicles on City Property" of Article
X, entitled "Adoption of State Towing Standards" of Miami Beach City Code Chapter 44 entitled
"Vehicles and Traffic" is hereby amended to read as follows:
Sec. 44-68. Additional standards -Vehicles on city property.
No vehicle shall be towed or removed from property belonging to the City of Miami Beach
except with the authorization or prior agreement of the city manager and/or his designee (Ord. No.
82-2292, §2). Further, 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
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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 unlawfully parked.
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. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, 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 intention, and the word "ordinance" may be changed to "section",
"article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the 1st day of March , 1996.
PASSED and ADOPTED this 20th .day of February , 996.
A -, p /I
AYOR
ATTEST:
o ttak/ Po.A.ckt&, FORM APPROVED
CITY CLERK LEGAL DEPT.
(Requested by Commissioner Neisen Kasdin) By ..-rid
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1st reading 2/7/96
2nd reading 2/20/96
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OFFICE OF THE CITY ATTORNEY
64 1304:11 • Wald
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F L O R I D A
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MURRAY H. DUBBIN s,� h Telephone: (305) 673-7470
City Attorney Q`"?� �� Telecopy: (305) 673-7002
COMMISSION MEMORANDUM NO. Ca- In
DATE: FEBRUARY 7, 1996
TO: MAYOR SEYMOUR GELBER
MEMBERS OF THE CITY COMMISSION
FROM: MURRAY DUBBIN
CITY ATTORNEY 0041
JOSE GARCIA-PEDROSA
CITY MANAGER
SUBJECT: TOWING ORDINANCE
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Pursuant to Commissioner Neisen Kasdin's request,the following ordinance amending the
City's towing regulations with respect to vehicles on City property is submitted for your
consideration. This amendment adds a provision to the City Code which is comparable to Section
715.07 (2)(a)(3)of the Florida Statutes concerning cars illegally parked on private property. Under
the new language,a vehicle illegally parked on City property must be disconnected from the towing
or removal apparatus if the owner or authorized person in control of the vehicle arrives at the scene
and pays a service fee of not more than one-half of the posted rate for such towing service.
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AGENDA R 5 c
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1700 Convention Center Drive—Fourth1lor—Miami Beach,Florida 33139
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