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Ordinance 98-3147 P' ORDINANCE NO. 98-3147 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 106, ENTITLED "TRAFFIC AND VEHICLES" ARTICLE VI, ENTITLED"TOWING AND IMMOBILIZATION OF VEHICLES" OF MIAMI BEACH CITY CODE, AMENDING SECTION 106-269, ENTITLED"IMMOBILIZATION";REQUIRING IMMOBILIZATION CONTRACTORS ' '. ' ' 0 ' ' e ' ENGAGED IN IMMOBILIZATION OF UNAUTHORIZED VEHICLES ON PRIVATE PROPERTY TO OBTAIN AN OCCUPATIONAL LICENSE; ENACTING REGULATIONS PERTAINING TO IMMOBILIZATION OF UNAUTHORIZED VEHICLES; REQUIRING NOTICE; SETTING RATES; REQUIRING INSURANCE; SETTING RECORD-KEEPING PROCEDURES; AMENDING APPENDIX "A" ENTITLED "FEE SCHEDULE" OF MIAMI BEACH CITY CODE TO INCLUDE IMMOBILIZATION SERVICE; AMENDING SAME TO PROHIBIT REBATE OR PAYMENT OF MONEY OR OTHER VALUABLE CONSIDERATION FROM CONTRACTOR, AND PROVIDING REQUIRING CONTRACTOR TO RESPOND WITHIN THIRTY (30) MINUTES TO LOCATIONS SERVED BY THE CONTRACTOR; REQUIRING IDENTIFICATION TAGS TO BE WORN AND IDENTIFICATION ON CONTRACTOR'S VEHICLES;PROHIBITING USE OF WORDS"ENFORCEMENT", "DEPARTMENT", "POLICE", OR "PARKING"; PROVIDING FOR CITIZEN COMPLAINTS AND AMENDING SECTION 106-270, ENTITLED "PENALTIES"; 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 CHAPTER 106, ARTICLE VI, SECTION 106-269 OF MIAMI BEACH CITY CODE. That Chapter 106, entitled "Traffic and Vehicles"Article VI, entitled "Towing and Immobilization of Vehicles", Section 106-269, entitled "Immobilization" is hereby amended as follows: (a) Occupational license required. No Property Owner or immobilization contractor shall engage in the business of immobilization of motor vehicles parked on private property without permission or authority unless such property owner or immobilization contractor shall first obtain an occupational license in accordance with the procedures set out in Chapter 102 Article V. 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. Such term shall also include and refer to, for purposes of this article, except as otherwise provided, any person or frrm authorized by the owner, lessee, or controller to engage in the business of immobilization of unauthorized motor vehicles parked on private property of such owner, lessee, or controller,their agents, servants or employees. The immobilization contractor shall sometimes be referred to in this section as the "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) Immobilization license required. 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 or immobilization company shall first apply for and obtain an immobilization license. (c) Requirements for immobilization license. No property owner or immobilization contractor shall be issued an immobilization license under this Section unless there is proof of compliance with each of the following requirements: (1) Notice. a. 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 2 at thc cntrancc to any building scrvcd by thc prcmiscs. b. The notice must clearly indicate on a sign which meets the identical physical requirements mandated in this article (Article VI - Towing and Immobilization 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. c. 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 intial a maximum rate as set forth in Appendix A (Twenty-Five Dollars $25.00). unless modified pursuant to the procedures indicated in this article, and acceptable methods of payment. Such methods shall include cash,check payable in U.S.funds and credit card. The maximum fee for the removal of the immobilization device shall be effective from the date of adoption of the Ordinance, or until such time as Miami Dade County has enacted an Ordinance establishing the maximum fee to be charged by immobilization contractors. d. 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 number to call to request removal of the immobilization device_bootinrg) e. 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 this article(Article VI - Towing and Immobilization of Vehicles). (2) Access to city manager. Inspection of real property where immobilization is used to enforce parking restrictions: The property owner shall provide access to City Manager or his designee in order to inspect the rcfcrrcd required signs on premises where immobilization is used to enforce parking restrictions.prior to any immobilization of vchicics bcing authorizcd. 3 (3) Notification to owner. Prior to immobilization, the property owner or immobilization contractor's representative 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 rcasonablc acccss shall bc made by a vcrbal warning. If thc vchicic owncr, operator or person legally in control of thc vchicic is not within rcasonablc access, thcn an attempt to notify shall bc accomplished by making an announcement on thc prcmiscs, using a loudspeaker systcm, if permitted and if available. If thcrc arc several different busincsscs bcing served by a single parking lot, thc property owncr shall make an - - - . , : . • prcmiscs shall be logged by thc •ro•crt owner of thc prcmiscs or his dcsigncc delineating thc time and datc of thc announccmcnt. Such cntry in thc official rccords of thc owner or contractor shall constitutc prima facie evidence that announccmcnt and/or noticc attempt was made consistcnt with thc spirit and intent of this article. (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 may be 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 affix a warning notice written in English, Spanish, Portuguese, German and French, on the driver's side window of the vehicle, indicating that the vehicle is immobilized and 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 property owner or immobilization contractor with a form copy of the warning sign simultaneously with the issuance of its immobilization license. (6) Availability and response time. The property owner or immobilization contractor shall make available on a 24-hour, seven-days-a- week basis, attendants and equipment for theme timely release of the immobilization device. The immobilization contractor is required to remove the immobilization device from the vehicle within thirty(30)minutes of a call for said service by the owner of the immobilized vehicle provided payment to remove the device has been made. 4 • (7) Record of contracts. The property owner or immobilization contractor shall file and maintain on record at all times with the City Manager or his designee a list of any and all current written contracts for immobilization services on private real property within the city limits. The list shall be kept current and shall provide the city with(a)the address of the real property: (b)the date of the agreement: © a contact name and telephone number at the premises. with any person engaged in thc busincss of immobilization upon such property owner's property. (8) Towing/Removal Requirements. An immobilized vehicle shall not remain immobilized on private property for more than two(2)hours aftcr thc closing hour of thc property owner's busincss, and if property owners busincss is opcn 24 hours continuously,thcn in no event longer than 24 hours. After such period of time has expired, the vehicle shall be released from the steel boot and may be towed or removed pursuant to this article, and no fee shall be assessed for release of the immobilization device. (9) Insurance. The property owner or immobilization contractor shall file with the City's Risk Management Office and have in effect an insurance policy or certificates of insurance in lieu thereof, which shall indemnify or insure the property owner or immobilization contractor 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$2$ 80769($20,000.00) for each incident. (10) Recordkeeping procedures. The property owner or immobilization contractor shall keep an immobilization log with information including but not limited to: date and time the vehicle was observed illegally parked,compliance with subsection (3) of this section, the date and time of immobilization, the location/address of the real property where the immobilization took place,description of vehicle, make, model, color and license tag number of the vehicle immobilized. In addition,the immobilization contractor shall include in the log the following release information: verification of vehicle ownership, the name of the person removing steel boot and the 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. 5 (11) Ethics and Conduct The property owner and immobilization 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 102, article V. d. Enforcement. If at any time a property owner or immobilization contractor shall fail or refuse to comply with, or violates, any of the provisions of this section, such property owner engaging the services of the immobilization contractor shall be subject to prosecution under the city's code enforcement system, in accordance with chapter 30. Additionally, the city may seek injunctive relief and/or follow procedures to revoke and/or suspend the occupational license as set forth in section 102-383, 102-384 and 102-385 where there are repeated violations of this article. e. Exemptions. Nothing in this section 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. f. Rebates. The rebate or payment of money or any other valuable consideration, directly or indirectly from the individual or firm immobilizing or removing vehicles to the owners or operators of the premises from which the vehicles are immobilized or removed, for the privilege of immobilizing or removing those vehicles, is prohibited. g. Identification. The immobilization contractor's employees or agents shall wear identification tags stating the full name of the contractor and the name of the employee or agent;no identification worn by contractor's employees or agents shall use the words: "Enforcement","Department.","Police",or"Parking". Said identification tags shall be prominently displayed on the front left side of the employee or agent's shirt. Contractor's employees or agents shall not wear uniforms that bear resemblance to Police or Parking Department officers in Miami-Dade County. No badges may be worn by immobilization contractor or staff All contractor vehicles shall display the company name(or name of joint venture, 6 or individual owner or other entity ownership)on the driver and passenger side of the vehicle in letters at least three(3)inches high. The company's address(or address of joint venture,or individual owner or other entity ownership) and telephone number shall be displayed on the driver and passenger side of the vehicle in letters at least one (1) inch high. No contractor shall use the words "Enforcement", "Department", "Police", or"Parking"in its company name (or name of joint venture, fictitious name, or entity name). h. Citizen Complaints The immobilization contractor shall respond in writing to any complaints received by the City Manager or his designee,concerning misconduct on the part of contractor or its employees or agents, such as excessive charges,poor business practices, discourteous service, damage to vehicles, failure to give notice as required by this ordinance. The City Manager or his designee shall notify contractor of any complaints within five (5) business days from receipt of the citizen complaint. Contractor shall provide any additional explanation or information with respect to the particular complaint within five (5) days upon notification. A written disposition of the complaint will be forwarded to the contractor and the citizen complainant upon completion of the investigation. SECTION 2. AMENDMENT OF CHAPTER 106, ARTICLE VI, SECTION 106-270 OF MIAMI BEACH CITY CODE. That Chapter 106, entitled "Traffic and Vehicles" Article VI, entitled"Towing and Immobilization of Vehicles", Section 106-270, entitled "Penalties" is hereby amended as follows: 1. The City Manager's designee shall enforce the provisions of this Section. This does not preclude other law enforcement agencies from any action as necessary to assure compliance with all applicable laws. If an inspector finds a violation of this Section, the inspector shall issue a notice of violation to the violator as provided in Section 30-71 of the City Code. The notice shall inform the violator of the nature of the violation, amount of fine for which the violator may be liable, instructions and due date for paying the fine, notice that the violation may be appealed by requesting an administrative hearing within ten(10) days after service of the notice of violation, and that failure to do so shall constitute an admission of the violation and waiver of the right to a hearing. 2. Violations shall be issued as follows: a. Fines 7 • • 1. First offense $100.00 2. Second offense $250.00 3. Third offense $500.00 4. Fourth offense and all subsequent offenses $500 and the City may also revoke the contractor's business license pursuant to the procedures set forth in Section 102-383, 102-384 and 102- 385 of the City Code and may be subject to a suit for injunctive relief to enjoin the operation of the contractor in violation of this Section. 3. As an additional means for enforcement/collection and supplemental to above, when a notice or record of any past due penalties which became due and payable to the City after the effective date of this Ordinance is recorded in the public records of Miami-Dade County, said notice shall constitute a special assessment lien upon all real and personal property of the contractor owing such penalties, and shall remain a lien equal in rank and dignity with the lien of ad valorem taxes and shall be superior in rank and dignity to all other liens, encumbrances,titles and claims in, to or against the property involved. Such liens may be foreclosed or levied upon in the manner provided by law. 4. In addition to the above, a violation of this Section shall constitute a misdemeanor and shall be punished by imprisonment not to exceed sixty (60) days or by imposition of a fine not to exceed Five Hundred and 00/100 Dollars ($500.00) or both. 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 or part thereof 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 8 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 6. EFFECTIVE DATE. This Ordinance shall take effect on the 31st day of October , 1998. PASSED and ADOPTED this 21st day of October , 1998. MAYOR ATTEST: giLtit °U.-- CITY CLERK 1st reading 6/17/98 APPROVED AS TO 2nd reading 10/21/98 FORM & LANGUAGE & FOR EXECUTION F:\PING\$ALL\CRYSTAL\ON-ST\BOOTORD.101 eto VO City Attorney Date 9 • CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.fl.us COMMISSION MEMORANDUM NO. 110-9 8 TO: Mayor Nelsen O. Kasdin and DATE: October 21, 1998 Members of the City Commission FROM: Sergio Rodriguez 4f City Manager 1111 SUBJECT: AN ORDINA E OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 106, ENTITLED "TRAFFIC AND VEHICLES" ARTICLE VI, ENTITLED "TOWING AND IMMOBILIZATION OF VEHICLES" OF MIAMI BEACH CITY CODE, AMENDING SECTION 106-269, ENTITLED "IMMOBILIZATION"; REQUIRING IMMOBILIZATION CONTRACTORS ' ' 0 ' ' O • ' ENGAGED IN IMMOBILIZATION OF UNAUTHORIZED VEHICLES ON PRIVATE PROPERTY TO OBTAIN AN OCCUPATIONAL LICENSE; ENACTING REGULATIONS PERTAINING TO IMMOBILIZATION OF UNAUTHORIZED VEHICLES; REQUIRING NOTICE; SETTING RATES; REQUIRING INSURANCE; SETTING RECORD-KEEPING PROCEDURES; AMENDING APPENDIX "A" ENTITLED "FEE SCHEDULE" OF MIAMI BEACH CITY CODE TO INCLUDE IMMOBILIZATION SERVICE; AMENDING SAME TO PROHIBIT REBATE OR PAYMENT OF MONEY OR OTHER VALUABLE CONSIDERATION FROM CONTRACTOR,AND REQUIRING CONTRACTOR TO RESPOND WITHIN THIRTY (30) MINUTES TO LOCATIONS SERVED BY THE CONTRACTOR; REQUIRING IDENTIFICATION TAGS TO BE WORN AND IDENTIFICATION ON CONTRACTOR'S VEHICLES; PROHIBITING USE OF WORDS "ENFORCEMENT", "DEPARTMENT", "POLICE", OR "PARKING"; PROVIDING FOR CITIZEN COMPLAINTS AND AMENDING SECTION 106-270, ENTITLED "PENALTIES"; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the Ordinance. BACKGROUND: On June 14, 1997, the Mayor and City Commission adopted amendments to Article XI, entitled, "Towing of Vehicles" to include immobilization of vehicles, creating Section 44-82, entitled, "Immobilization Prior to Tow or Removal". Ordinance No. 97-3081 required immobilization AGENDA ITEM 16C- DATE 1O-2-1—9 O • companies serving private property owners to be licensed and insured in the City of Miami Beach. Also, it required immobilization companies to post signage relative to each immobilization site, established rules and regulations, and provided for a maximum fine. The first reading of the Public Hearing of the Ordinance amending Article XI, Entitled, "Towing of Vehicles"of the Miami Beach City Code Chapter 44, Entitled, "Vehicles and Traffic"providing for "Immobilization of Vehicles" was held at the City Commission Meeting on June 17, 1998. The Mayor and City Commission approved the Ordinance on first reading and a second public hearing was scheduled for July 1, 1998. The second public hearing was held on July 1, 1998; the Mayor and City Commission opened and continued the public hearing to the July 15, 1998 City Commission Meeting. The Mayor and City Commission directed the Administration and City Attorney to revise the Ordinance and address the following issues: (1) Immobilization Fees, (2) Response Time/Attendant Required at Each Lot, (3) Complaints, (4) Police Notification. (5) Uniforms, (6) Marked Vehicles, and (7) Public Safety Issues. At the September 9, 1998 City Commission Meeting, the Mayor and Commission discussed the Administration's recommendations regarding their directive to address the seven aforementioned issues regulating immobilization on private property. After opening statements and discussion by representatives from both the immobilization and towing companies, the Mayor and Commission directed the Administration to, once again, revise the ordinance with input and support from both companies. ANALYSIS: The Administration and City Attorney have revised the Ordinance with input and support from both the immobilization and towing companies and addressed the concerns raised by the Mayor and Commissioners. They are addressed as follows: Immobilization Fees: The City Attorney has opined that the City of Miami Beach may regulate immobilization removal fees on private property until such time as Miami-Dade County has enacted an ordinance establishing the maximum fee to be charged by immobilization contractors. In fact, neighboring governmental entities, including Broward County, have enacted legislation regulating immobilization fees on private property. Broward County legislation established a maximum fee of$25.00 for the removal of an immobilization device on private property. The Administration recommends the establishment of a maximum fee of$25.00 for the removal if an immobilization device. Availability/Response Time: The property owner or immobilization contractor shall make available on a 24 hour, seven days-a- week basis, attendants and equipment for the timely release of the immobilization device. Timely release is defined as within thirty (30) minutes of a call for said service. • • Record of Contracts: The property owner or immobilization contractor shall file and maintain on record at all times with the City Manager or his designee a list of all current contracts for immobilization services on private property within city limits. The list must be forwarded to: City Manager (or his designee), City Hall, 1700 Convention Center Drive, Miami Beach. Florida 33139. The list shall contain: (1) address of the real property,(2)date of the agreement, and(3)a contact name and telephone number. Citizen Complaints: The Immobilization Contractor shall respond in writing to any complaints received by the City Manager or his designee,concerning misconduct on the part of contractor or its employees or agents, such as excessive charges, poor business practices, damage to vehicles, failure to give notice as required by this ordinance, abusive language, etc. The City Manager or his designee shall notify the contractor of any complaints within five (5) business days from receipt of the citizen complaint. The contractor shall provide any additional explanation or information with respect to the particular complaint within five (5) days upon notification. A written disposition of the complaint will be forwarded to the contractor and the citizen complainant upon completion of the investigation. Identification: The Immobilization Contractor's employees or agents shall wear identification tags stating the full name of the contractor and the name of the employee or agent;no identification worn by contractor's employees or agents shall use the words : "Enforcement", "Department", "Police", or "Parking". Said identification tags shall be prominently displayed on the front left side of the employee or agent's shirt. Contractor's employees or agents shall not wear uniforms that bear resemblance to Police or Parking Department officers. All contractor vehicles shall display the company name (or name of joint venture, or individual owner or other entity ownership) on the driver and passenger side of the vehicle in letters at least three (3) inches high. The company's address (or address of Joint Venture, or individual owner or other entity ownership) and telephone number shall be displayed on the driver and passenger side of the vehicle in letters at least one (1) inch high. No Contractor shall use the words "Enforcement", "Department", "Police", or"Parking" in its company name (or name of joint venture, fictitious name, or entity name). Police Notification The City Manager or his designee will have on record a list of all current contracts for immobilization services on private property within city limits. The City Manager or his designee shall provide the Police, Code Enforcement, and Parking Departments with this listing in the case that public inquiries are made after normal business hours. Public Safety Issues: The property owner or immobilization contractor shall make available on a 24-hour, seven-days-a- week basis, attendants and equipment for the timely release of the immobilization device. The immobilization contractor is required to remove the immobilization device from the vehicle within thirty (30) minutes of a call for said service by the owner of the immobilized vehicle or for the immediate response to calls for service from the City's Police, Fire, and Parking Departments regarding public safety concerns. The proposed legislation incorporates Florida Statutes and Miami-Dade County Code in order to regulate immobilization operations for the benefit and protection of the citizenry and provide a consistent and level playing field between competing alternative measures for the removal of unauthorized vehicles on private real property. The proposed amendments also include: (1) notification to owner - if the vehicle owner or operator is not within reasonable access, then, an attempt to notify shall be accomplished by making an announcement on the premises, and (2) immobilization companies are prohibited from providing the owners or operators of the premises with rebate or payment of monies, or any other valuable consideration, directly or indirectly. CONCLUSION: The proposed amendments will provide consistency in the regulation of immobilization and impoundment of vehicles on private real property. The proposed regulations will protect and better serve consumers and citizens alike through enhanced services as a result of the amendments to the ordinance. SR/CMC/JG/SF F:\PING\BALL\CRYSTAL\ON-ST\BOOTING.CME • I I'VI y ° . AL . .. r I a bo '- ' O N N O c' tom" o 5 o O U . .o 44 O cd ... O N czt N - A W ..N. by N M .4 - V 0E .'G et; a U � Ov at 'y ) N •-. 4by•^' •-o ,„ al- 0 ... a p I99 0 - 3 w CA .° W 'd p p.4 -ci v) A. 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