Ordinance 97-3081ORDINANCE NO.
97-3081
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING ARTICLE XI, ENTITLED "TOWING OF
VEHICLES" OF MIAMI BEACH CITY CODE CHAPTER 44,
ENTITLED "VEHICLES AND TRAFFIC" TO INCLUDE
IMMOBILIZATION OF VEHICLES; CREATING SECTION
44-82, ENTITLED "IMMOBILIZATION PRIOR TO TOW OR
REMOVAL"; REQUIRING PRIVATE PROPERTY OWNERS
ENGAGED IN THE IMMOBILIZATION OF
UNAUTHORIZED VEHICLES PARKED ON PRIVATE
PROPERTY TO OBTAIN AN OCCUPATIONAL LICENSE ;
ENACTING RULES AND REGULATIONS PERTAINING TO
THE IMMOBILIZATION OF UNAUTHORIZED VEHICLES
PRIOR TO TOWING; REQUIRING NOTICE; SETTING
IMMOBILIZATION RATES; REQUIRING INSURANCE;
SETTING RECORD-KEEPING PROCEDURES; PROVIDING
FOR ENFORCEMENT; AMENDING SECTION 20-11
ENTITLED "SCHEDULE OF FEES" OF MIAMI BEACH
CITY CODE CHAPTER 20 ENTITLED, "BUSINESS
LICENSES" TO INCLUDE IMMOBILIZATION SERVICE;
PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach finds and determines that private real property owners
may cause the removal of unauthorized vehicles upon their private real property; and
WHEREAS, the use of immobilization devices prior to the removal of unauthorized vehicles
parked on private property is not prohibited by law,. and
WHEREAS, a private real property owner, upon proper notice to the public, may require
adherence to rules prohibiting unauthorized parking on private property; and
WHEREAS, the practice of immobilization upon commercial property is also a commercial
venture and an occupation subject to the occupational license requirements of the City and
reasonable regulation.
WHEREAS, the City of Miami Beach deems it advisable and in the public interest to enact
provisions regulating private real property owners engaged in the act of immobilizing unauthorized
vehicles parked on their property prior to requesting and/or arranging for their removal.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. AMENDMENT OF ARTICLE XI OF MIAMI BEACH CITY CODE
CHAPTER 44.
That Article XI, entitled "Towing of Vehicles" of Miami Beach City Code Chapter 44.
entitled "Vehicles and Traffic" is hereby amended to read "Towing and Immobilization of Vehicles".
SECTION 2. ENACTMENT OF SECTION 44-82 OF ARTICLE XI OF MIAiMI BEACH
CITY CODE CHAPTER 44. IMMOBILIZATION PRIOR TO TOW OR
REMOVAL.
That Section 44-82, entitled "Immobilization Prior to Tow or Removal" of Article XI,
entitled "Towing and Immobilization of Vehicles" of Miami Beach City Code Chapter 44, entitled
"Vehicles and Traffic." is hereby enacted as follows:
A. No property owner shall engage in the business of immobilization of motor vehicles
which are parked on private property without permission or authority unless such property owner
shall first obtain an occupational license in accordance with the procedures set out in Section 20 of
this Code. For purposes of this Section, the term "property owner" shall include and refer to the
owner, lessee, or controller, person or entity otherwise in control of real property, their agents,
servants, or employees . Said term shall also include and refer to for purposes of this Ordinance,
except as otherwise provided, any person or firm authorized by the owner, lessee, or controller to
engage in the business of immobilization of unauthorized motor vehicles parked on private property
of said owner, lessee, or controller , their agents, servants or employees. Said latter named persons
or firm shall sometimes hereafter be referred to as "Contractor". The term "premises" shall mean
the private property owned, controlled or used by a property owner for the parking of motor vehicles
as its business or auxiliary to its business.
B. No property owner or contractor shall engage in the business of immobilization of
motor vehicles which are parked on private property without permission or authority unless such
property owner shall first apply for and obtain an immobilization license.
C. No property owner shall be issued an immobilization license under this Section
unless there is proof of compliance with each of the following requirements:
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(1) Notice - Notice must be prominently placed at each driveway access or curb
allowing vehicular access to the property, within five (5) feet from the public right-of-way line and
at the entrance to any building served by the premises.
The notice must clearly indicate on a sign which meets the identical physical
requirements mandated in Article XI (Towing of Vehicles), that parking is reserved for customers
only and unauthorized vehicles will be subject to immobilization and/or towing at the owner's
expense.
The notice must also provide the name and telephone number of the person or firm
immobilizing the vehicle, the fee for the removal of the immobilization device, such fee not to
exceed an initial rate of Seventy -Five ($75.00) Dollars, unless modified pursuant to the procedures
indicated herein, and acceptable methods of payment. Said methods shall include cash, check
payable in U.S. funds.and credit card. The initial fee for the removal of the immobilization device
shall be effective for a period up to and including December 15, 1998. Thereafter, a property owner
may petition the City Manager to amend said removal fee upon demonstration to the manager under
reasonable regulations promulgated by the Manager of increased costs including, but not limited to,
cost of living increases, inflation and other matters relative to increased costs of doing business. The
City Manager, within thirty days of receipt of the petition, shall report his or her recommendation
to the City Commission. The City Commission shall act upon the City Manager's request within
forty-five days. No more than one request for an individual property owner may be made more
frequently than once any calendar year.
The notices shall read substantially as follows (with the designated information to be
inserted at the indicated spaces):
(insert international symbol)ALERT! IMMOBILIZATION/TOW-AWAY ZONE
ENTERING PRIVATE PROPERTY
PARKING PERMITTED FOR (insert name of property owner) CUSTOMERS
ONLY. IF YOU PARK YOUR VEHICLE AND LEAVE THE PREMISES, YOUR
VEHICLE WILL BE IMMEDIATELY IMMOBILIZED SUBJECT TO A
(insert fee) FEE TO RELEASE VEHICLE OR TOWED AT YOUR EXPENSE.
IMMOBILIZATION PERFORMED BY: (insert name, address and telephone
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number to call to request booting)
The sign structure containing the required notices must be permanently installed with
the words "Alert. Immobilization/Tow-Away Zone". The sign shall meet the physical requirements
contained in Article XI (Towing of Vehicles).
(2) Provide access to City Manager or his designee in order to inspect the referred
signs prior to any immobilization of vehicles being authorized.
(3) Notification to Owner - Prior to immobilization. the property owner shall
attempt to notify the owner, operator, or person legally in control of the vehicle, to retrieve it
promptly or the vehicle will be immobilized. Notification to a person within reasonable access shall
be made by a verbal warning. If the vehicle owner. operator or person legally in control of the
vehicle is not within reasonable access. then, an attempt to notify shall be accomplished by making
an announcement on the premises, using a loudspeakersvtem, if permitted and if available; in the
event that there are several different businesses being served by a single parking lot, the Property
Owner, shall make an announcement in the area of the parking lot. All announcements or notice
attempts, made on the premises shall be logged by the owner of the premises or his designee
delineating the time and date of the announcement. Said entry in the official records of the Owner
or contractor shall constitute prima facie evidence that announcement and/or notice attempt was
made consistent with the spirit and intent of this Ordinance.
(4) Method of Immobilization - Immobilization shall be accomplished by placing
a steel boot to the front wheel on the driver's side of the motor vehicle. The steel boot maybe placed
on any other wheel if placement on the front wheel on the driver's side is not feasible.
(5) Warning Sign Requirement - Upon immobilization, the property owner shall
place a warning notice written in English, Spanish, Portuguese, German and French, on the driver's
side of the vehicle indicating that the vehicle is immobilized, that any attempt to move it will cause
damage and shall provide the telephone number to contact for release of the immobilization device,
and the fee for its removal. The City shall provide the Owner with a form copy of the warning sign
simultaneously with the issuance of its immobilization license.
(6) Availability - The property owner shall make available on a twenty-four (24)
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hour, seven (7) day a week basis, attendants and equipment for the immediate release of the
immobilization device.
(7) The property owner shall file and maintain on record at all times with the City
Manager or his designee, any and all current written contracts with any person or firm engaged in
the business of immobilization upon said property owner's property.
(8)
Towing/Removal Requirements - An immobilized vehicle shall not remain
immobilized on private property for more than two (2) hours after the closing hour of the property
owner's business, and if property owners business is open 24 hours continuously. then in no event
longer than twenty-four (24) hours. After said period of time has expired the vehicle shall be released
from the steel boot and may be towed or removed pursuant to the code pertaining to towing and no
fee shall be assessed for release of the immobolization device.
(9) . Insurance - The property owner 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 property owner for all claims of damage to property resulting from any action or
operation in connection with the service performed, such amount not to be less than Twenty
Thousand and 00/100 Dollars ($20,000.00) for each incident.
(10) Record Keeping Procedures - The property owner shall keep an
Immobilization Log with information including but not limited to: date and time vehicle was
observed illegally parked, compliance with Subsection C.(3) herein, date and time of immobilization,
description of vehicle, release information, verification of ownership, name of person removing steel
boot, name of person requesting tow service if applicable. All files, records, and logs shall be
available for inspection and checking on the subject premises during normal working hours by the
City Manager or his designee.
(11) Ethics and Conduct - The property owner and Contractor shall conduct their
business in an orderly, ethical, and business -like manner at all times, and shall use every means to
obtain and keep the confidence of the motoring public. All public contact shall be in a courteous and
orderly manner.
(12) Term of License - The term of an occupational license issued under this
section shall be in accordance with Chapter 20 of the Code.
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D. Enforcement. If at any time a property owner shall fail or refuse to comply with, or
violates, any of the provisions of this Section, such property owner shall be subject to prosecution
under the City's code enforcement system, in accordance with Chapter 9B of this Code.
Additionally, the City may seek injunctive relief and/or follow procedures to revoke and/or suspend
the occupational license as set forth in Section 20-42 and 20-43 of this Code wherein there are
repeated violations of this Ordinance.
E. Nothing herein shall affect the rules and regulations governing any person or firm
engaged in the towing and removal of vehicles parked on private property within the City of Miami
Beach.
SECTION 2. AMENDMENT OF SECTION 2. SECTION 20-11, ENTITLED
"SCHEDULE OF FEES" OF MIAMI BEACH CITY CODE CHAPTER 20, ENTITLED
"BUSINESS LICENSES".
That Section 20-11, entitled "Schedule of Fees" of Miami Beach City Code Chapter 20,
entitled "Business Licenses" is hereby amended as follows: License tax fees for the following
Businesses, occupations or professions are hereby levied and imposed as follows:
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(226) WRECKER OR IMMOBILIZATION SERVICE $ 165.00
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. 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",
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"article," or other appropriate word.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect on the
PASSED and ADOPTED this 4th day of
14th day of June , 1997.
AT EST:
0-tA. r
CITY CLERK
1st reading 5/21/97
2nd reading 6/4/97
F:IATTO\DOGt1TOWING2305
June ,, 1997.
MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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