Loading...
HomeMy WebLinkAbout07-012 (2) ~ Th' 'GtnD y . ShVl\ff~ Dtfia: FIi14/ll.e.. ,Yl~ Fde I- 0::: ::::l o U I- 0 S f5 ~ ~ C3 ~ W i= ~8 u.. ~'" o ,:.;~ ~ ~<;' ... "'10 W>Ol'" dl-~<!; ..Z-w :E:::::l~"8 I-O~~ . :EUoD.~ cnw"'o.... _ ~IO .. wg~g~ :E:...J N ~ 15 ll. "'00:: W!Z'It~O lSCi~o::~ ~cn~oo:: Re-Recording to correct scrivenor's error on oaqe 5. Section 1-20-16.3(b)(5)(A) Chapter 175 should ~ead Chapter 715 ORDINANCE NO. 07-012 AN ORDINANCE AMENDING SECTION 1- 20-16 OF CHAPTER 1- 20 "TRAFFIC" , ARTICLE II "STOPPING, STANDING AND PARKING" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY ADDING SECTION 1-20-16.1 "AUTHORITY; INTENT TO SUPPLEMENT; BY ADDING SECTION 1-20.16.2 DEFINITIONS; BY ADDING SECTION 1-26.16.3 ESTABLISHING A MAXIMUM FEE WHICH MAY BE CHARGED ON THE TOWING OF VEHICLES FROM OR IMMOBILIZATION OF VEHICLES ON PRIVATE PROPERTY, REMOVAL AND STORAGE OF WRECKED OR DISABLED VEHICLES FROM AN ACCIDENT SCENT OR FOR THE REMOV AL AND STORAGE OF VEHICLES, IN THE EVENT THE OWNER OR OPERATOR IS INCAP ACIT ATED, 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 PER SECTION 125.0103(lXC), FLORIDA STATUTES; ADDING SECTION 1-20-16.4 REVIEW AND AUTOMATIC ADJUSTMENT OF FEES; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR RATIFICATION OF FEES CHARGED; PROVIDING SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION ~ ::::l o U l- S ~ U 0:: 0::: 0 C3 a; w ~ ~ ~t; u.. ~8 o M~ ~ ~~ 0::: "" ~>-b~ UI-~~ ..:~~~8 ~O~~cO ..:u~D.r- " ~IO"" u..~~~0 .U"'NZ ~3~~15 Z "'00:: 5!Z'It~0 ;::0 - W () Cc:(..JO::w wcnU::OO:: WHEREAS, Sections 125.0103(l)(c) and 166.043(l)(c), Florida Statutes requires the Board of County Commissioners for St. Lucie County (the "Board") to establish the maximum fees which may be charged for the towing, removal and storage of vehicles without the owners consent for all of the areas of St. Lucie County. WHEREAS, Section 715.07 permits the Board to enact additional regulations including the right to regulate rates when vehicles or vessels are towed from private property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Strl:leh thr"l:lgh passages are deleted. Underlined passages are added. 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 . Section 1-20-16 of Chapter 1-20 of the St. Lucie County Code of Ordinances and compiled Laws is hereby added to read as follows: Sec. 1-20-16. Parking for longer than twenty-four hours restricted; removal of vehicles. (a) No person, as defined in F.S. S1.01, shall park, leave or place any motor vehicle on the right-of-way of any public road in the unincorporated areas of the county for a period of more than twenty-four (24) hours unless: (1) It is in operating condition; (2) It bears current license plates; ~ (3) It bears a current inspection decal. (b) Any motor vehicle not meeting the conditions of subparagraphs (a)(1) and (2) of this section and that is discarded, left or abandoned on any public road right-of-way in the unincorporated area of the county may be removed or caused to be removed by the sheriff's department of the county after posting a notice on such vehicle advising that if such vehicle is not removed by the owner within forty-eight (48) hours, it will be removed or caused to be removed by the sheriff's department; provided, however, that, this paragraph shall in no way limit the sheriff or any other law enforcement agency's authority to remove vehicles from the paved or main traveled part of any highway under the provisions of F.S. S 316.194 ~ The maximum fee is established which may be charged on the towing of vehicles from or immobilization of vehicles on private proper")', remo'lal and storage of wrecked or disabled 'tehicles from an accident scene or for the removal and storage of vehicles, in the event the owner or operator is incapacitated, unavailable, lea'les the procurement of wrecker service to the law enforcement officer at the scene, or otherwise does not consent to the removal of the 'v'ehicle as follows: Section 1-20-16.1 Authority; intent to supplement This section is enacted pursuant to the authority granted in Chapter 125. Florida Statutes and Section 715.07. Florida Statutes and is intended to supplement the provisions of Section 715.07. Florida Statutes. relating to towing of vehicles illegally parked on private property. Strl:leh thr"l:lgh passages are deleted. 2 Underlined passages are added. Section 1-20-16.2 Definitions For purposes of this article. the following definitions shall apply: Non-Consentual towing shall mean the recovery. towing. removal and storage of a vehicle or vessel without authorization of the vehicle/vessel owner or authorized driver and shall include both "Police Directed Tows" and "Trespass Towing/Private Property Impounds" as defined herein. Relavtowing shall mean the prohibited practice in which the towing wrecker operator removes a vehicle and takes it to an alternate location other than the storage lot in order to simultaneously remove multiple vehicles in a reduced amount of time. then later transporting all vehicles to the storage facility. Roam towing shall mean towing of vehicles as defined in trespass towing where the towing establishment has entered into a contract with a private property owner to roam their property during designated hours to remove illegally parked vehicles. Trespass towing shall mean towing or removal of a vehicle that is illegally parked on private real property. at the property owner's direction. without the consent of the vehicle's owner or operator. as such is authorized by Section 715,07. Florida Statutes, 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 a vehicle/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: (g1 Nonconsentual tow: Tow truck companies may for compensation recover. tow or remove a vehicle/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 Strl:leh thr"l:lgh passages are deleted. 3 Underlined passages are added. otherwise does not consent to the removal of the vehicle as follows: REGULAR WRECKER SERVICE Day or Night Service Mileage Charge Time Charge per 1/2 hour CLASS A/D $75 100,00 $ 3,00 $ 49 50.00 FLATBED CLASS B CLASS C "LANDOLL" $!OO 135.00 $150 225.00 $145.00 $ 3 ~,OO $ 4:00 5.50 i 5,50 $ 59 5Q.00 $18 100.00 i 50.00 per hour per hour per hour per hour After 30 minutes on the scene, will be charged In increments of 15-30 minutes Underwater Recovery $200.00 Flat rate for a certified scuba diver with full gear. Not Sheriff's Office diver. $350,00 $600.00 $ 35,00 8:00 pm - 8:00 am $15 25.00 per day $2e 30.00 per day $ 35.00 Rotating Boom Airbag Recovery Gate Fee (per day) Outside Storage Inside Storage Administrative Fee 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. (!:;U Private property impound: Tow truck companies may for compensation recover. tow or remove a vehicle/vessel based upon a private property impound without the prior express instruction of the vehicle/vessel owner or authorized driver. upon the prior express instruction of a real property owner or his authorized agent on whose property the vehicle/vessel is disabled. abandoned or parked without authorization or whose vehicle/vessel owner or authorized agent is unwilling or unable to remove the vehicle/vessel.provided that the requirements of this article are satisfied, The tow truck company recovering. towing or removing a vehicle/vessel shall. within thirty (30) minutes of completion of such towing or removal. notify the appropriate law enforcement agency in which jurisdiction the vehicle/vessel was parked of the nature of the service rendered. the name and address of the storage facility where the vehicle/vessel will be stored. the time the vehicle was secured to the towing vehicle. and the make. model. colorand vehicle/vessel license plate number (if any), The tow truck company shall obtain the name of the person at the law enforcement agency to whom such information was reported and note that name on the trip record. Strl:leh thr"l:lgh passages are deleted. 4 Underlined passages are added. ill Except as otherwise provided in this article. every prior express instruction made in writing or in person shall indicate the date and time of the instruction and shall be signed by real property owner/duly authorized agent in the presence of the tow truck company providing the service. The real property owner/the duly authorized agent shall also print his/her full name. ill Signing in the presence of the tow truck company/driver shall not be required for a prior express instruction made by the real property owner or authorized agent forwarded by facsimile transmission. All other requirements of this article shall apply and the real property owner or duly authorized agent shall provide in the facsimile instruction the specific location (Le.. address. parking space. etc.). color of the vehicle. make and/or model of the vehicle (if visible) and either the license tag number or the vehicle identification number (if available) prior to the vehicle/vessel being towed. Such facsimile instruction shall include the real property owner's or authorized agent's signature and printed or typed full name and title. as well as an electronic confirmation or electronic stamp of the date and time the instruction was sent to the tow truck company. The tow truck company shall maintain copies of facsimile instructions. ill If specifically approved in the contract for service. signing in the presence of the tow truck company/driver shall not be required when a vehicle/vessel is parked and blocking public egress/ingress to the business/residential area, In such cases the tow truck company is required to photograph the car and its location prior to removal and said photograph shall conclusively shows that the vehicle is clearly in violation this sub-section. The photograph must include a date and time stamp, ill No tow truck company/driver shall payor rebate money. or solicit or offer the rebate of money. or other valuable consideration in order to obtain the privilege of rendering towing services, @ Except as otherwise provided in this article. no such prior express instruction shall be considered to have been given: 71 5 A.... By the mere posting of signage as required by Chapter....1:Z5 of this article; ~ By virtue of the terms of any contract or agreement between a tow truck company and a real property owner; h When the prior express instruction occurs in advance of the actual unauthorized parking of the vehicle/vessel; or .!:L Where the prior express instruction is general in nature and unrelated to specific. individual and identifiable vehicles/vessels which are already parked without authorization. (Q) Each tow truck company shall enter into a written contract with every 5trl:lcl( thr"l:lgh passages are deleted. 5 Underlined passages are added. owner of private property that authorizes the tow truck company to tow vehicles/vessels from its property. This written contract shall include the beginning date of said contract. the names and titles of all persons (i.e.. owner. property manager. condominium president. etc.) who have the authority to appoint persons (i.e.. security guard. night watchman. on-site manager. etcJ who can authorize prior express instruction to the tow truckcompany to remove. recover or tow any vehicle/vessel from its property, The written contract shall also include the name and current telephone number of the tow truck company performing the towing service. Any addendum to the contract shall include additional names and titles as necessary. The tow truck company must keep on file each contract and addendum (if applicable) with the property owner. Such contract shall be maintained for at least twelve (12) months after termination. The County and law enforcement officers may inspect and request a copy of any and all such contracts from the tow truck company during normal business hours. The tow truck company may not withhold production of the contract upon demand by the division or law enforcement. Failure to enter into or keep on file a contract with the property owner shall be a violation of this article. All contracts which were entered into prior to the effective date of this article. shall accomplish the requirements of this subsection by entering into an addendum to the current contract within one (1) year following the enactment of this article. ill No vehicle towed as the result of trespass towing shall be towed to and/or stored at a location more than fifteen (15) mile radius from the point of initiation of such trespass tow. No person who provides services (trespass. non-consent towing) pursuant to this section shall recover. tow. or remove a vehicle from this county to another county (or vice versus) for the purposes of trespass towing and impounding. @) Real property owners or authorized representatives shall not request the recovery. tow. or the removal of vehicles/vessels that are reasonably identifiable from markings or equipment as law enforcement. fire fighting. rescue squad. ambulance. or other emergency vehicles/vessels which are marked as such or to property owned by any governmental entity. (2) Any person who improperly causes a vehicle/vessel to be recovered. towed. removed or stored shall be liable to the vehicle owner or authorized representative for the costs of the services provided. any damages resulting from the recovery. towing. removal or storage and attorney's fees and court costs. (1Q) The maximum fee which may be charged on trespass towing of the vehicle/vessel as follows: REGULAR WRECKER SERVICE CLASS A $125.00 CLASS B $165.00 CLASS C .$300.00 Administrative Fee Gate Fee (per day) $ 35,00 $ 35.00 8:00 pm to 8:00 am Strl:lcl( thr"l:lgh passages are deleted. 6 Underlined passages are added. Note* The Fee Schedule shown in this table is subject to annual revision based upon the provisions in 1-20-16.4. (ill Persons who provide services pursuant to this section shall transport the vehicle directly to the storage site owned or leased by the towing service and the vehicle shall not be kept in any temporary holding area. unless the towing service is directed to do so by a law enforcement officer authorizing the tow. Section 1-20-16.4 Review and automatic adjustment of fees. The wrecker service fees shall be adjusted by the county administrator in April of each calendar year. Unless otherwise directed by the county commission. any adjustments to the wrecker service fees. made pursuant to this section. shall be effective the first Monday in October of each calendar year. All adjustments to the wrecker service fees shall be based on the methodology described in paragraph (b) of this section. The base for computing any adjustment is the January Consumer Price Index - All Urban Consumers for the United States. published each year by the United States Department of Labor. Bureau of Labor Statistics. For the purpose of this section the initial index to be referenced is January 2008. The wrecker service fees shall be adjusted by the percentage change in the index. If the index is changed so that the base year is different. the index shall be converted in accordance with the conversion factor published by the United States Department of Labor. Bureau of Labor Statistics. If the index is discontinued or revised. such other government index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the index had not been discontinued or revised. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. RATIFICATION OF FEES. The St. Lucie County Board of County Commissioners hereby ratifies the fee's charged for nonconsentual tows as set out in the St. Lucie County Sheriff's Office Wrecker Rotation Manual, which was approved by the Board of County Commissioners on October 14,2003, Strl:leh throl:lgh passages are deleted. 7 Underlined passages are added. PART D. 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 applicability to any other person, property, or circumstance. PART E. 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 F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Chris Craft Vice Chairman Joseph E. Smith Commissioner Doug Coward Commissioner Paula A. Lewis Commissioner Charles Grande AYE AYE AYE AYE AYE PART H. 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 may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through H shall not be codified. PASSED AND DULY ADOPTED this 6th day of November, 2007. Strl:lel< thl""l:lgh passages are deleted. 8 Underlined passages are added. ATTEST: ~.J-~ Deputy Clerk ",.--'-.-"'-", c.... f ,;/< '. ..'\' ,:~ ~~q"..... "/' ,.,;."" If 111'(. jJ...c":/ ~"...--.<:,....- Strl:leh thr"l:lgh passages are deleted. BOARD OF CO ST. LU 9 Underlined passages are added.