HomeMy WebLinkAbout12-016ORDINANCE NO. 12-016
AN ORDINANCE AMENDING ARTICLE II (STOPPING, STANDING AND
PARKING) OF CHAPTER 1-20 (TRAFFIC) OF THE CODE OF
ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY ADJUSTING THE
FEES FOR ROTATING BOOM; PROVIDING FOR CONFLICTING
PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY;
PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE;
PROVIDING FOR AN EFFECTIVE DATE; ADOPTION; AND
CODIFICATION
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board),
has made the following determinations:
1. Sections 125.0103(1)(c), and 166.043(1)(c), Florida Statutes requires the Board of
County Commissioners for St. Lucie County (the "Board") to establish the maximum fees which
maybe changed for the towing, removal and storage of vehicles without the owners consent for
all of the areas of St. Lucie County.
2. It is in the best interest of the health, safety, and public welfare of the citizens of ~ o ~ ~
St. Lucie County to have the roads right-of-way cleared as quickly as possible after an automobile rn~PyO
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3. That a rotator boom is usually necessary to effectively clear the roads right-of-way o ~ ° z =
when the accident involved a semitrailer. o ~
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THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie
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PART A. AMENDMENT OF SECTION 1-20-16 OF CHAPTER 1-20 (TRAFFIC) OF THE CODE OF
ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY. Z ~
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Section 1-20-16 of Chapter 1-20 ofthe St. Lucie County Code of Ordinances and Compiled ~
Laws is hereby amended to read as follows:
Section 1-20-16.3 Fees
In addition to the other requirements of this article, no tow truck company shall, for
compensation, recover, tow, or remove avehicle/vessel or provide storage in connection
therewith without the prior express instruction of the vehicle/vessel owner or authorized driver,
except in accordance with the following:
~engk passages are deleted. -i- Underlined passages are added.
(a). Nonconsentual tow: Tow truck companies may for compensation recover, tow or
remove avehicle/vessel based upon a police directed tow without the prior express instruction
of the vehicle/vessel owner or authorized driver upon the prior express instruction of a law
enforcement agency and in accordance with the terms of any contracts or agreements between
the tow truck company and a governmental entity and/or law enforcement agency.
The maximum fee is established which may be charged on the removal and storage
of wrecked or disabled vehicles from an accident scene or for the removal and storage of vehicles,
in the event the owner or operator is incapacitated, unavailable, leaves the procurement of
wrecker service to the law enforcement officer at the scene, or otherwise does not consent to the
removal of the vehicle as follows:
FLATBED ROTATOR
REGULAR WRECKER SERVICE CLASS A/D CLASS B CLASS C "LANDOLL" BOOM
Day or Night Service $100.00 $135.00 $225.00 $145.00 478.00
Mileage Charge $ 3.00 $ 4.00 $ 5.50 $ 5.50 5.50
Time Charge per 1/2 hour $ 50.00 $ 50.00 $100.00 $ 50.00 240.00
After 30 minutes on the scene, will be charged in increments of 30 minutes.
Underwater Recovery $200.00 Flat rate for a certified scuba diver with full gear. Not Sheriff's Office diver
Airbag Recovery $600.00
Gate Fee (per day) $ 35.00 8:00 pm - 8:00 am
Outside Storage $25.00 per day
Inside Storage $30.00 per day
Administrative Fee $35.00
Additional manpower
per 1/2 hour $50.00
Note* The Fee Schedule shown in this table is subject to annual revision based upon the provisions in 1-20-16.4.
PART B. CONFLICTING PROVISIONS.
Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County,
and adopted priorto January 1,1969, County ordinances and resolutions, or parts thereof, in conflict with
this ordinance are hereby superseded by this ordinance to the extent of such conflict.
PART C. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provision thereof shall be held to be inapplicable to any person, property, or
circumstance, such holding shall not affect its applicabilityto anyother person, property, orcircumstance.
~engh passages are deleted. '2' Underlined passages are added.
PART D. FILING WITH THE DEPARTMENT OF STATE.
The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of
Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304.
PART E. EFFECTIVE DATE.
This ordinance shall take effect upon filing with the Department of State.
PART F. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Chairman Chris Dzadovsky AYE
Vice Chair Tod Mowery AYE
Commissioner Paula Lewis AYE
Commissioner Frannie Hutchinson AYE
Commissioner Chris Craft AYE
PART G. CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County,
Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and
the sections of this ordinance maybe renumbered or relettered to accomplish such intention; provided,
however, that Parts B through G shall not be codified.
PASSED AND DULY ADOPTED this
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~~` day of ~~E';.~~,.<xti~-~ , 2012.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COU ,
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FLORIDA DEPARTMENT 0 STATE
~~.____~,...._._..._ ... , _.~ .____ ___ ~_..f __--_-.~--____~...~
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RICK SCOTT
Governor
September 14, 2012
Honorable Joseph E. Smith
Clerk of the Circuit Court
St. Lucie County
2300 Virginia Avenue
Fort Pierce, Florida 34982
Attention: Ms. Kelly Phelan, Executive Recording Secretary
Dear Mr. Smith:
KEN DETZNER
Secretary of State
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Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter
dated September 10, 2012 and certified copy of St. Lucie County Ordinance No. 12-016, which was filed in
this office on September 14, 2012.
Sincerely,
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Liz Cloud
Program Administrator
LC/elr
R. A. Gray Building 500 So~.4th Bronough Street Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 Facsimile: (850) 488-9879
www.dos.state.fl.us