RESOLUTION 87-18919 RESOLUTION NO. 87-18919
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING THE ADMINISTRATIVE RULES AND
REGULATIONS GOVERNING POLICE TOWING
PERMITS, AS REFERENCED IN SECTION 44-53 OF
THE CITY CODE OF THE CITY OF MIAMI BEACH
WHEREAS, the Police Department has requested a revision
in the Administrative Rules and Regulations governing Police
Towing Permits to address the problems of vehicle storage,
particularly abandoned and derelict vehicles within City limits ;
and
WHEREAS, the City Commission of the City of Miami Beach
has determined that it is in the best interests of the City to
revise the governing Administrative Rules and Regulations of
police vehicle towing . The amended Rules and Regulations are
attached hereto and are made a part hereof .
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, to amend the
Administrative Rules and Regulations governing Police Towing
Permits , as referenced in Section 44-53 of the City Code of the
City of Miami Beach .
PASSED AND ADOPTED TH I S 15th day of July , 1987 .
Ir A YOR
Attest :
;6t—
City Clerk
Approved as to Form:
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Legal Department
Dated : /•131
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OFFICE OF THE CITY MANAGER CITY HALL
ROB W.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO.
5/a 87
DATE: July 15, 1987
TO: Mayor Alex Daoud . a
Members of th:- - Ity Com -Iss •
• Rob W. PZe '15
1,FROM. �r Ai/
SUBJECT:
REVISIONS TO THE ADMINISTRATIVE RULES AND REGULATIONS FOR
POLICE TOWING PERMITS
HISTORY:
Section 44-53 of the City Code of the City of Miami Beach established by Ordinance No. 80-
2222 provides that the City Manager shall promulgate such Rules and Regulations as may be
necessary to govern the discharge of services required under this Article, subject to
approval by the City Commission. Such Rules and Regulations shall be known as the
Administrative Rules and Regulations for Police Towing Permit.
The last revision to the Rules and Regulations was effective December 17, 1986 (Resolution
No. 86-18709).
. BACKGROUND:
The existing permittees have requested certain revisions to the Rules as a result of Miami
Beach Wrecker and Towing Service dropping police towing operations, and the problem of
vehicle storage particularly abandoned and derelict vehicles within City limits.
The Police Department has reviewed the proposed revisions and has recommended the
following:
Revisions To Be Adopted
Section 2. Storage Facilities
PARAGRAPH ONE
EXISTING:
The permittee shall have available outside storage for approximately
seventy five (75) vehicles. Said storage area will be enclosed in accordance
with applicable zoning requirements to assure maximum security for
impounded vehicles. The permittee shall provide a completely enclosed
inside storage area (solid walls, roof and access door) for at least five (5)
vehicles. Said area will be secured from unauthorized personnel.
PROPOSED:
The permittee shall have available outside storage for minimum of fifty
(50) vehicles. Said storage area will be enclosed in accordance with
applicable zoning requirements to assure maximum security for impounded
vehicles. The permittee shall provide a completely enclosed inside storage
area (solid walls, roof and access door) for at least five (5) vehicles. Said
area will be secured from unauthorized persons. The City designate
desi nate
temporary storage where towing is required for special events.
AGENDA t,\ .�
ITEM
DATE
7 ( S8'7-
PARAGRAPH THREE
EXISTING:
In the event all storage facilities of any permittee are filled to capacity,
the permittee shall NOT be relieved of responsibility to perform and is
required to make such arrangements for storage as will fulfill the
requirements of the City. All storage space used which is not listed in the
original application must meet the requirements of the permit. No storage
space or area shall be used unless prior written approval is obtained from
the Miami Beach Police Department. Storage must be within the City
limits of Miami Beach.
ALL VEHICLES SHALL BE STORED INSIDE THE DESIGNATED STORAGE
FACILITY AT ALL TIMES.
PROPOSED:
In the event all storage facilities of any permittee are filled to capacity,
the permittee shall NOT be relieved of responsibility to perform and is
required to make such arrangements for storage as will fulfill the
requirements of the City. All storage space used which is not listed in the
original application must meet the requirements of the permit. No storage
space or area shall be used unless prior written approval is obtained from
the Miami Beach Police Department. Storage must be within the city
limits of Miami Beach for a period of at least three (3) business days
(Monday - Friday) after which they may be removed to a facility, meeting
the requirements of the contract, outside the city limits of Miami Beach
but within Dade County, Florida. Recovered stolen vehicles and vehicles
with a police "hold" for investigation or forfeiture shall not be stored
outside the city limits of Miami Beach. Permittee may not charge an
additional towing fee for removal of any vehicle from the city limits of
Miami Beach for storage. An owner claiming a vehicle stored outside the
city limits of Miami Beach shall be given the option of free transportation
to his vehicle or having his vehicle returned to the permittee's Miami
Beach storage facility without charge.
ALL VEHICLES SHALL BE STORED INSIDE THE DESIGNATED STORAGE
FACILITY AT ALL TIMES.
Section 11. Vehicles Seized for Forfeiture
EXISTING:
Vehicles seized for forfeiture pursuant to the Florida Contraband and
Forfeiture Act shall be stored for a period of up to, but no more than
fourteen (14) days WITHOUT charge to the city. After that time, if
forfeiture proceedings are to be instituted, the vehicle shall be removed to
a city storage area facility, and towing charged as per established rates. If
forfeiture proceedings are not instituted, the owner of the vehicle may be
charged for the storage and towing, in accordance with the established
rates.
PROPOSED:
Vehicles seized for forfeiture pursuant to the Florida Contraband and
Forfeiture Act shall be stored for a period of up to, but no more than
fourteen (14) days WITHOUT charge to the city. After that time, if
forfeiture proceedings are to be instituted, the vehicle shall be removed to
a city storage area facility, and towing charged as per established rates. If
forfeiture proceedings are not instituted or if the vehicle is released to the
owner for whatever reason, the owner of the vehicle may be charged for
the storage and towing, in accordance with the established rates.
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Section 21. Vehicle Classifications - Definitions
PASSENGER VEHICLES.......CLASS 2
EXISTING:
Includes sedans, compacts, station wagons, dune buggies, jeep-type
vehicles, including all two passenger four-wheeled vehicles.
PROPOSED:
Includes sedans, compacts, station wagons, vans and pickup trucks of less
than three-quarter ton capacity, dune buggies, jeep-type vehicles, including
all two-passenger four-wheeled vehicles.
Section 22. Rate Schedule
TOWING CHARGES
EXISTING:
CLASS 1 $25.00
CLASS 2 35.00
CLASS 3 40.00
CLASS 4 50.00
To include use of flatbed where
required.
PROPOSED:
CLASS 1 $25.00
CLASS 2 35.00
CLASS 3 40.00
CLASS 4 50.00
USE OF FLATBED WHEN REQUIRED
(Tow Charge Included) 60.00
STORAGE
EXISTING:
CLASS 3.............................$7.00 per day
NOTE: STORAGE RATE FOR THE CITY CONFISCATED VEHICLES TO
REMAIN $5.00 PER DAY.
PROPOSED:
CLASS 3.............................$10.00 per day
NOTE: STORAGE RATE FOR CITY CONFISCATED VEHICLES TO
REMAIN $5.00 PER DAY UNLESS THE VEHICLE IS RELEASED TO THE
OWNER FOR WHATEVER REASON
TO BE INSERTED INTO RATE SCHEDULE:
NOTIFICATION OF OWNER AND/OR
LIENHOLDER BY CERTIFIED MAIL $5.00
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Section 33. Abandoned Vehicles (New)
Abandoned vehicles on public property or public highways, streets and right
of ways shall be removed by Police Towing Permit Holder for abandoned
vehicles as directed by the Police Department.
1. The Miami Beach Police Department issues and affixes "10 day
stickers" on abandoned vehicles.
2. The Police Department shall notify by Certified Letters sent to
registered owner and any lienholder advising of vehicle location, and
that the vehicle will be removed after 10 days.
3. After 10 days, the Police Department will go to the vehicle location,
and if it is still there, take a photograph of vehicle and instruct the
Police Towing Permit Holder for abandoned vehicles to remove the
abandoned vehicle from Miami Beach.
4. Vehicle is stored at salvage company for 45 days, as per Florida State
Statutues.
COMMENTS:
The above changes in Rules and Regulations Governing Police Towing Permits will provide
for a more effective program for handling police towing services required by the City. In
separating abandoned vehicles from other types of police towing and requiring their removal
from the City the day they are towed, will help to solve the overcrowded storage problem on
Miami Beach.
Subsequent changes will be required to City Code Section 44-5 2, Police Vehicle Towing,
which will be placed on the Commission Agenda for first reading on July 29, 1987.
ADMINISTRATION RECOMMENDATION:
That the City Commission approve the revisions to the Administrative Rules and
Regulations as recommended by the Police Department of the City of Miami Beach by
adoption of Resolution enclosed.
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Enclosure: Resolution
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ORIG$I AL
RESOLUTION NO. 87-18919
(Amending the Administrative Rules and
Regulations Govenring Police Towing Permits
as referenced in §44-53 of the City Code of
the City of Miami Beach)