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RESOLUTION 88-19466 RESOLUTION NO. 88-19466 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE ESTABLISHMENT OF ADMINISTRATIVE RULES AND REGULATIONS GOVERNING PRIVATE PROPERTY TOWING PERMITS, AS REFERENCED IN ARTICLE XI, CHAPTER 44, OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, THAT: WHEREAS, the City Commission of the City of Miami Beach has adopted Article XI, Chapter 44 , providing, in part, for the permitting and regulation of business enterprises engaged in the towing, removing, and storing of vehicles parked on private property within City limits; and WHEREAS, the City Commission of the City of Miami Beach has determined that it is in the best interest of the City to establish the governing Administrative Rules and Regulations for Private Property Towing Permits, which are attached hereto and made a part hereof; NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: That the Administrative Rules and Regulations governing Private Property Towing Permits as referenced in Article XI , Chapter 44 , of the Code of the City of Miami Beach, Florida and attached hereto, are hereby approved. 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JO; s4TuLted Jo UOT4a00n9°x pup aouPnssT 'uoT4PoTTddP egg. .Ioj saanpaoo.zd puP saTn.I a;pbTnuzoad TTpus aabpupw '4TD eq; 4E144 sapTAo°xd £E9 -88 'om aouauTp.zp Aq pagsT Tqp;se gopag TuzPTW go A;TO eq; ;o apo0 A;TO eq; ;o 9L-VV uoT40as :X IOSSIH sai maa JNIMOS Xs��a0Ua aLYAI Ia JNIN i Ao0 SNOIZWIf1D I atimmIsI&Iwav :103renS ia6euewA113 orf-A'Airf upped •M qou :W0}j J At.!ss , 03 43 a4i w siagwaw IF pue plea xaiv ioAew :01 8861 `6 .1agwaaaa:31da 'ON INflaNVIJO1/113W NOISSIWWO3 OLOL-£L9 :3NOHd3131 1:130VNVW Alis 3A1aO 1:131N33 NOI1N3ANO3 OOLL SNI)HJVd°M SOU 11VH Al13 1:13DVNVIN A113 3H1 3O 301330 .. 'S 'n crnr V 7N OI,l 10 d A.. i altva l4aom i 6 E l C E ,bf8 �w�_- ADOPTED BY CITY COMMISSION CITY OF MIAMI BEACH RULES AND REGULATIONS GOVERNING PRIVATE PROPERTY TOWING PERMITS CITY OF MIAMI BEACH Authorized under City of Miami Beach Ordinance No. 88-2633 Includes Revisions Authorized Through: Established Pursuant to Resolution No. CITY OF MIAMI BEACH PAGE 1 OF 14 AGENDA ITEM DATE 1. AUTHORIZING ORDINANCE These rules are promulgated pursuant to City of Miami Beach Ordinance No. 88-2633 and are issued in order to implement the intent of that Ordinance. Words and phrases used in these regulations have the same meaning as attributed to them in the Ordinance. 2 . COMMUNICATION SYSTEM The Permittee shall provide his own two-way radio communication system. The communication system shall be between the Permittee's base station and service trucks utilized in providing towing service. 3 . EXPRESS INSTRUCTIONS FOR TOWING Before any vehicle is towed or removed from private property by a Permittee, specific written authorization for the removal of the vehicle must be obtained. Such authorization must include the following information on a sequentially numbered request form: Date, Time of day, Exact location of the vehicle to be removed, Make, Model, Color and Vehicle Identification Number of the vehicle to be removed, Address of the property owner requesting the removal, Printed name and signature of the property owner/resident agent requesting the vehicle removal, Time of the removal of the vehicle, Printed name of the tow-truck driver and time at which the towing of the vehicle was reported to the City of Miami Beach Police Department. A separate request form shall be prepared for each vehicle towed. The form containing this information should be substantially in the form as that "Confirmation Card" attached hereto, as Exhibit A. In the event that the business operated at the property owner' s address is not open for business at the time of the tow, then the signage posted on the property must clearly indicate that vehicles left on the premises after business hours are subject to being towed without further notice. 4 . SIGNAGE All signage must be in compliance with Section 44-79 (4) of City of Miami Beach Ordinance No. 88-2633 . Sign (s) posted at the property must indicate the hours during which the property owner' s resident agent is not available to authorize tows and therefore during which time vehicles may be towed without further notice subject to an existing contract by and between the property owner and the towing company. 5. STORAGE FACILITIES Any vehicle towed from a location within the City of Miami Beach must be stored at an authorized storage location within the city limits of the City of Miami Beach for a period of at least forty-eight (48) hours. If the vehicle owner, custodian or agent has not obtained release of the vehicle within forty-eight (48) hours of the towing of the vehicle, then the vehicle may be stored at an authorized location within five (5) miles of the location from which the vehicle was removed. In the event that a storage facility is not available within five (5) miles of the location of vehicle removal , then the Permittee must supply a written statement affirming such condition with his application and supply the required information concerning his storage facilities within twenty (20) miles of the location of vehicle removal. CITY OF MIAMI BEACH PAGE 2 OF 14 If any storage facilities are not under the direct control of the Permittee, then a photocopy of the contract, lease or other agreement between the Permittee and the property owner must be submitted with the application for a permit. Said storage area will be enclosed in accordance with applicable zoning requirements to assure maximum security for impounded vehicles. Said area will be secured from unauthorized persons. 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 these regulations. 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 City Manager. 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. 6. PROTECTION OF TOWED AND STORED VEHICLES AND PROPERTY The Permittee shall assume total responsibility to insure that a towed vehicle shall remain in the same condition and retain the same equipment at time of release that it had at the time it was towed. The Permittee shall also assume responsibility for any article(s) of value left in the vehicle and listed on the Vehicle Storage Receipt. 7 . LOCATION CHANGES OF STORED VEHICLES The Permittee shall not change the storage location without keeping a detailed log of the date and time of any relocation. 8 . ATTENDANT ON DUTY The Permittee shall make available adequate personnel to staff his facility 24-hours, 7-days a week for the purpose of releasing towed vehicles to owners, as prescribed by Florida State Statute 715. 07 (as amended) . 9 . REPORTS/OWNER NOTIFICATION The tow truck driver shall not remove a vehicle from private property without completing a Confirmation Card. The Permittee shall take all necessary action to notify the owner of the vehicle as prescribed in Florida State Statute 715. 05 (as amended) . 10. RELEASES The Permittee shall directly release any vehicle to it' s owner or custodian upon payment of appropriate fees due within thirty (30) minutes of such payment. All vehicles which have not been claimed must be disposed of according to state and county laws. The Permittee shall be required to furnish a copy of public notice for sale, to the Police Chief or his designee, at least ten (10) days prior to the date of sale. The Permittee will also be required within three (3) days after a sale, or if a title is surrendered for payment, to submit a detailed listing of the serial number of the vehicle, tow receipt number, year, make, model of vehicle, monies received, purchaser's name, address and local telephone number. CITY OF MIAMI BEACH PAGE 3 OF 14 11. REPORTS AND FILES The Permittee shall maintain at his place of business a file which will contain: 11. 1 Confirmation Cards, proof of owner/lienholder notification and invoice of charges for all vehicles towed and released. 11. 2 Notification Log indicating date, time and method of notification to the registered owner/and lienholder of an impounded vehicle, as well as other requested information. 11. 3 A log indicating vehicles to be auctioned, date of auction, name and address of owner and lienholder, and date contacted. 11.4 A log indicating vehicles sold at auction, date auction notice was published, proceeds of auction, and distribution of proceeds. All files, records and logs shall be available for inspection and checking during normal working hours by the City Manager or the Chief of Police or their designees. Permittee shall make available adequate work space including, but not limited to, a chair and a table, for City personnel inspecting records. 12 . ETHICS AND CONDUCT The Permittee shall conduct his 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. 13 . COMPLAINTS AND DISPUTES Any complaints received by the City of Miami Beach concerning misconduct on the part of the Permittee, such as excessive charges, poor business practices, etc. , shall be referred to the Office of the Chief of Police. If the situation cannot be resolved, a recommendation for appropriate action shall then be forwarded to the City Manager. 14 . COMPETENCY OF APPLICANTS Pre-permit inspection of the existing or proposed facilities will be made after the submission of application. 14 . 1 To receive consideration, applicant must identify a base of operation and an authorized storage facility located within the City of Miami Beach. 14 . 2 Applicant must have all necessary county and local licenses and permits as may be required to operate the type of requisite business. 14 . 3 The applicant is presumed to be familiar with all laws, ordinances, rules and regulations that may, in any way, affect the work. Ignorance on the part of the applicant will in no way relieve him from any responsibilities and/or duties he may have. CITY OF MIAMI BEACH PAGE 4 OF 14 15. ADDITIONAL REQUIREMENTS 15. 1 Permittee shall keep on file for three (3) years copies of all paid invoices, together with Confirmation Cards, and any and all towing logs. These records shall be subject to inspection by the Chief of Police or his representative during normal business hours. 15. 2 Permittee must post a city-approved sign indicating charges authorized by the City for vehicles removed from private property. The sign must be in minimum one-inch lettering, with contrasting background, permanently posted in the area where the authorized charges are paid to the Permittee. Permittee must supply to the City Manager or his designee a complete and up to date list of fees and charges made for towing vehicles under this permit. 15. 3 Permittee shall comply with all written procedures as issued from time to time by the City Manager or Chief of Police. 15. 4 Permittee must maintain all storage and office facilities in a manner commensurate with all applicable regulations, ordinances, rules and other laws governing the operation of same. 15. 5 Permittee shall use such security measures as necessary to prevent theft, vandalism, stripping and dismantling of parts from vehicles in all storage areas used under this permit. 16. RESPONSIBILITY FOR PAYMENT The vehicle operator or owner is responsible for payment of charges imposed by the permittee in accordance with the permit rate schedule. 16. 1 The City of Miami Beach shall not be responsible for any charges imposed for towing and storage, or for securing payments due Permittee upon vehicle release. 17 . FORWARDING REPORTS TO POLICE DEPARTMENT The Permittee shall be responsible for forwarding to the Police Department by 3 PM each Friday the following: 17. 1 Copies of all Confirmation Cards vehicles released the previous week, together with copy of completed numbered invoice for each vehicle. 17. 2 Original Notification Log for previous week. 17 . 3 Original log completed prior to vehicle auctions. 17.4 Copyof Public Notice of auction (10 days prior to auction) . 17. 5 Original log completed immediately following auction. All copies shall be legible, and original forms shall be provided as requested. CITY OF MIAMI BEACH PAGE 5 OF 14 18 . QUALIFICATION OF APPLICANT Each applicant may be required before the issuance of permit, to show to the complete satisfaction of the City Manager that he has the necessary facilities, ability, and financial resources to furnish the services as specified herein in a satisfactory manner, and he may also be required to show past history and references which will enable the City Manager to satisfy himself as to his qualifications. Failure to qualify according to the foregoing requirements will justify the City Manager in rejecting his application. 19 . ASSIGNMENT Permittee(s) shall not assign, transfer, convey, sublet or otherwise dispose of this permit, or of any or all of its rights, title or interest therein, or his or its power to execute such permit to any person, company or corporation without prior written consent of the City Manager. 20. RELATION OF CITY The Permittee is legally considered as an independent Permittee and that neither he nor his employees shall, under any circumstances, be considered servants or agents of the city, and that the city shall be at no time legally responsible for any negligence on the part of said Permittee, his servants or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 21. CHANGES IN RULES AND REGULATIONS If the City of Miami Beach and/or the Police Department deem it necessary to add, change or delete Permit Rules and Regulations stated herein, such may be done through recommendation of the City Manager, and approval of the City Commission. 22 . ENFORCEMENT OF THE RULES AND REGULATIONS If at any time the Permittee fails to fulfill the Rules and Regulations set forth herein, or if there have been three (3) or more letters of complaint filed on a Permittee with the City of Miami Beach then the provisions of Section 44-78 of the Authorizing Ordinance, No. 88-2633 may be invoked. 23 . INSPECTIONS All records, equipment, personnel, and storage facilities shall be subject to periodic checks by designated representative(s) of the City of Miami Beach and/or the Police Department. CITY OF MIAMI BEACH PAGE 6 OF 14 24 . GENERAL TERMS 24 . 1 The Permittee shall have no markings on his vehicles, building, or correspondence that indicates or tends to indicate any official relationship between the Permittee and the City of Miami Beach or any police agency. 25. MAXIMUM ALLOWABLE RATES (Reserved, no regulations on this subject issued at this time) 26. REQUIRED INSURANCE COVERAGES Permittee must maintain in full force and effect during the periodof this permit insurance policies to cover any liability that may arise from towing and storing vehicles. Such liability policies must provide the following minimum coverage: $300, 000 for bodily injury per accident $300, 000 for property damage per accident The Permittee must provide original certificates of insurance to the City evidencing the appropriate coverage. The insurance must be approved by the City's Risk Manager prior to the issuance of a permit. The City must receive at least thirty (30) days written notice prior to any change in coverage or cancellation of the above policies. The Permittee must submit updated certificates prior to the expiration of coverage(s) . 27 . CONFLICT In the event that there is a conflict between these regulations and Ordinance No. 88-2633 , the Ordinance shall prevail. CITY OF MIAMI BEACH PAGE 7 OF 14 EXHIBIT A "CONFIRMATION CARD" Sequentially Numbered Date Time Vehicle Make Model Color Information: Vehicle Identification Number (VIN) Vehicle Removed Street Address from Location: Property Owner/Resident Agent -PRINTED Towing of Vehicle Authorized By: Property Owner/Resident Agent - SIGNATURE / / BUSINESS NOT OPEN. Towing of vehicle authorized under contract between Towing Company and Property Owner on file with Miami Beach Police Department. Vehicle Removed By: Tow Truck Driver Original to: Towing Company Copies to: Property Owner/ Resident Agent Miami Beach Police Department CITY OF MIAMI BEACH PAGE 8 OF 14 . CITY OF MIAMI BEACH APPLICATION FOR PRIVATE PROPERTY TONING SERVICES PERMIT Circle One: First Permit Annual Renewal INSTRUCTIONS: Permits expireSeptember 30, of each year. Permittee must submit a new application each year. Applicants must present evidence that they are fully competent and have the necessary facilities, experience and pecuniary resources to fulfill the conditions of the permit. Failure to submit this information form with all questions completely answered may disqualify the applicant. EXPERIENCE REQUIREMENTS: By submitting this application, the applicant warrants that the individual firm, partnership, or corporation or its parent company making application, has been in continuous existence and operation for the period of the past two (2) years, or more. APPLICANT IN'ORMATION: The information requested below is necessary for completing the application. PLEASE PRINT OR TYPE IN BLANK SPACES If applicant is (a) an individual, (Full Name) Date of Birth use paragraph (a) and ignore Florida Drivers License Number paragraphs (b) and (c) Residing at: (Street, City and Zip Code) and is sole owner of, and doing business as: (TRADE NAME) If applicant is (b) A Commercial co-partnership composed of the a partnership following partners: use paragraph (b) and ignore 1. paragraphs (a) (Give Name, Address, Florida Drivers License and (c) Number, Date of Birth and Residence for each partner) 2. 3. 4. Doing Business as: (TRADE NAME) domiciled at: (Street, City and Zip Code) in the state of and which application will be signed by: (Name of Co-partner) a member of the co-partnership. CITY OF MIAMI BEACH PAGE 9 OF 14 CITY OF MIAMI BEACH If applicant is (c) A Corporation organized under the laws of the a corporation use paragraph (c) and State of domiciled at: ignore paragraphs (a) and (b) . (City and State) authorized to do and doing business in the State of Florida, under the following names and at the addresses shown: Trade Name(s) Street, City and Zip Code and which application will be signed by: Officer who signs application must be President or Vice President. PROVIDE THE FOLLOWING INFORMATION FOR EACH OFFICER AND PERSON WITH FINANCIAL INTEREST (Person with financial interest is defined as one with interest in excess of $2 , 000. 00) : Name/Date of Birth/Title Percentage Ownership Business Address 1. Person or persons interested in this permit have ( ) have not ( ) had permits, licenses or agreements for an operation of this type denied, suspended or revoked. If so, give details on separate sheet. 2. BANK REFERENCES: (Include name and telephone number of officer familiar with applicant' s accounts) : BANK ADDRESS APPLICANT: SIGNED: CITY OF MIAMI BEACH PAGE 10 OF 14 CITY OF MIAMI BEACH 1. List names and locations at which applicant has a contract or agreement for the towing and storage of vehicles, together with dates of operation: (Indicate with an asterisk (*) that a copy of the fully executed agreement has been forwarded to the Police Chief) . 'ROPERTY OWNER LOCATION RESIDENT AGENT Attach Additional Sheets As Necessary i. TOW TRUCKS TO BE USED Ctam l #2 #3 a :ab/Chassis Mfr. :ab/Chassis Year Ind Model Tehicle :n f ormat ion No. license Plate No. )ate of Police Tehicle :nspection 3adge Number of :nspecting )fficer NOTE: Each tow vehicle must be inspected by a City of Miami Beach Police Officer. Attach Additional Sheets As Necessary APPLICANT: SIGNED: CITY OF MIAMI BEACH PAGE 11 OF 14 CITY OF MIAMI BEACH STORAGE SITE INFORMATION �. LOCATION OF MIAMI BEACH STORAGE FACILITIES: (Must be within City limits of City of Miami Beach for storage of vehicles for first forty-eight (48) hours following removal) . Use additional sheets for other sites which may be used ,OCATION a) Street Address: (Street Number) (Street Name) (Zip Code) Property Owner: Maximum number of vehicles to be stored: Vehicles b) Street Address: (Street Number) (Street Name) (Zip Code) Property Owner: Maximum number of vehicles to be stored: Vehicles c) Street Address: (Street Number) (Street Name) (Zip Code) Property Owner: Maximum number of vehicles to be stored: Vehicles APPLICANT: SIGNED: CITY OF MIAMI BEACH PAGE 12 OF 14 CITY OF MIAMI BEACH JOCATION OF OTHER STORAGE FACILITIES: (Must be within a five (5) mile -adius of the location of the vehicle recovery, or if none available, vithina twenty (20) mile radius of the vehicle recovery location. The following locations may be used only in those instances when the vehicle )wner, custodian or agent has not obtained release of the vehicle with forty-eight (48) hours of the removal of the vehicle. (a) Street Address: (Street Number) (Street Name) (City) (Zip Code) Property Owner: Maximum number of vehicles to be stored: Vehicles (b) Street Address: (Street Number) (Street Name) (City) (Zip Code) Property Owner: Maximum number of vehicles to be stored: Vehicles (c) Street Address: (Street Number) (Street Name) (City) (Zip Code) Property Owner: Maximum number of vehicles to be stored: Vehicles APPLICANT: SIGNED: CITY OF MIAMI BEACH PAGE 13 OF 14 CITY OF MIAMI BEACH INSURANCE CHECK LIST- PRIVATE PROPERTY TONING PERMIT . Items marked "X" are required under this permit. See Section of Rules and Regulations entitled "Required Insurance Coverages" . LIMITS INSURANCE (Figures denote Minimums) Bodily Injury, per accident $300,000 Property Damage, per accident $300,000 An original certificate(s) of insurance evidencing the required insurance coverage is attached to this application. YES NO If No, by what date will the required certificate(s) be submitted? NOTE: Final action on permit applications will not be taken until certificates of insurance are approved by the City's Risk Manager. F . An itemized copy of Current Rates for Towing and Storage is attached. Circle One: Yes No 3. FEES: Permit Fee $500. 00 Vehicle Inspection Fee (Per vehicle listed under Item #4) x $150. 00 = $ TOTAL FEES DUE $ 1CM:ses tev. 11/28/88 CITY OF MIAMI BEACH PAGE 14 OF 14 ORIGINAL RESOLUTION NO. 88-19466 (Approving the establishment of Adminis- trative Rules and Regulations Governing private property towing permits, as re- v ► ferenced in Article XI, Chapter 44, of the r` Code of the City of Miami Beach, Florida) .1