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ORDINANCE NO:
An Ordinance of the Mayor and City Commission of the City of South
Miami, Florida, amending the South Miami Code of Ordinances by creating
Chapter 19A "Towing Regulations ", regulating towing within the City;
providing for conflict, severability and an effective date.
WHEREAS, numerous persons and firms in Miami -Dade County engage in the business
of recovering, towing and storing of motor vehicles and vessels; and
WHEREAS, such towing services frequently must be provided without the prior consent
of the vehicle /vessel owner, or under circumstances which prevent negotiating the charges, terms
and conditions for the towing service, often resulting in disagreements
and complaints between vehicle /vessel owners and providers of towing services; and
WHEREAS, the vehicles and equipment used to tow vehicles /vessels across the
thoroughfares of the City of South Miami and the manner in which towing is conducted are of
considerable significance to the health, safety and welfare of the owners of towed
vehicles /vessels and of the residents of the city; and
WHEREAS, Sections 166.043(c) and 715.07(2), Florida Statutes, empower the City to
enact regulations pertaining to the towing industry; and
WHEREAS, the Mayor and City Commission find it to be in the best interest of the City,
its citizens and its visitors to license and regulate non - consent and consent towing services and
all drivers who perform towing services within the City, to assure that all who provide the
services are fit and competent to do so and that such services are delivered in a safe and efficient
manner.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
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SECTION 1. New Chapter 19A of the City Code is enacted to read:
Towing Regulations.
Section 19A -1 Application.
This Ordinance shall apply to the towing or removal of any motor vehicle from private
property within the City without the consent of the registered owner, authorized agent, operator
or person in control of that vehicle, and where specified, to towing from public property.
Section 19A -2 - Definitions.
As used in this Ordinance:
Emergency towing as used in this article shall only include circumstances where the usual
operation of a business is impeded by the blocking of entrances, exits or access to operational
equipment, but specifically shall not include tows for the purpose of clearing parking areas.
Major credit card means a Visa, Mastercard and American Express.
Normal business hours means from 8:00 a.m. to 8:00 p.m. seven days per week.
Property owner means the person who exercises dominion and control over the real property,
including, but not limited to, the legal title holder, lessee, a resident manager, a property manager
or other agent who has legal authority to bind the owner. An owner, operator, or other agent or
employee of a trespass towing service or immobilization service may not be appointed as an
agent for a property.
Tow shall mean to haul, carry, pull along, or otherwise transport a connected vehicle by means
of another vehicle in a direct and continuous movement to the storage site of the towing or
immobilization service and applies only to private property or trespass tows as defined in this
Ordinance.
Trespass towing shall mean towing or removal of a vehicle that is parked on private real
property, without the consent of the vehicle's owner or operator.
Trespass towing service includes any person, company corporation, or other entity whether
licensed or not, who engages in or who owns or operates a business which engages, in whole or
in part, in the towing of vehicles for compensation from private property and does not apply to
repossessions, or to the towing or removal of any privately owned vehicle by the operator or of
any vehicle towing or removal service when such service is performed at the request of the
owner of the vehicle.
Section 19A -3. Towing Conditions and Regulations from Private Property.
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I Trespass towing of any motor vehicle from private property is subject to compliance with the
2 following conditions and restrictions:
3 a. Business Tax Receipt Required. Any person or firm, prior to towing vehicles within the
4 City, must obtain a,City of South Miami business tax receipt and register same with the Chief of
5 Police.
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b. Storage Site Regulations. All towed or removed vehicles must be stored at a site within the
City limits or within five (5) miles of South Miami City Hall to allow citizens to retrieve vehicles
with minimum difficulty. The site must be open for the redemption of vehicles seven (7) days
per week, from 8:00 a.m. until 8:00 p.m., and when closed, shall have a sign, prominently
displayed, indicating a telephone number in Miami -Dade County where the operator of the site
can be reached at all times. Upon receipt of a telephonic request to open the site to redeem a
vehicle between the hours of 8:00 p.m. and 8:00 a.m., the operator must respond to the site
within one (1) hour by having an authorized employee appear at the site to allow release of the
vehicle or be in violation of this section. The phone number posted shall be kept open for receipt
of calls at all times.
c. Notice to City Police Department. A person or firm engaging in a trespass tow within the
City shall within thirty (30) minutes of such towing or removal, notify the City of South Miami
Police Department of such action, of the storage site of the vehicle, the time the vehicle was
towed or removed, and the make, model, color and license plate number of the vehicle, and shall
obtain the name of the person at the Police Department to whom such information was reported
and note that name on the trip record.
d. Vehicle not connected upon operator returning. The owner or operator of any towing
service vehicle which is summoned to tow away any vehicle on private property shall not
remove or tow the vehicle away and shall not charge any fee if the vehicle operator returns to the
vehicle prior to the towing service operator having hooked it to the tow truck and raised the
vehicle's wheels off the ground..
e. Arrival of Vehicle Owner Before Removal. If the registered owner, authorized agent,
operator or person in control of the vehicle to be towed arrives at the scene prior to the removal
or towing of the vehicle, but after the vehicle has been connected to the tow truck, the tow truck
operator shall disconnect the vehicle from the towing or removal apparatus and the vehicle
operator shall be allowed to remove the vehicle without interference from the tow truck operator
upon the payment of a reasonable service fee of not more than one -half (1l2) of the allowable
rate for such towing service as provided in this section.
f Payment Conditions. The person or towing firm shall accept cash or either a check drawn
on a Miami -Dade or Broward County bank (with appropriate identification and driver's license)
or a major credit card in payment of any charges.
g. Filing of Rates. Any person or firm that tows or removes vehicles and requires the owner,
authorized agent or person in control of the vehicle to pay the costs of towing and storage prior
to the redemption of the vehicle must file and keep on record with the City of South Miami
Police Department a complete copy of the current rates charged for such services, and post a
copy of same at the storage site in a conspicuous location. Any changes in rates must be filed
with the Police Department before being placed in effect.
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h. Vehicle Identification. All trucks or vehicles used to tow or remove vehicles from private or
public property shall clearly indicate the name, address and telephone number of the towing
company on the driver and passenger side doors of the towing vehicle in letters at least two (2)
inches high.
i. Temporary Holding Areas Prohibited. When a vehicle has been towed or removed, it shall
be brought directly to the storage site having a business tax receipt and shall not be kept in any
temporary holding areas.
j. Release of Vehicle to Owner. When a vehicle has been towed or removed, it must be
released to its owner or custodian within one hour after a request for such release has been made
and payment is offered for the towing services if such request is made between the hours of 8:00
a.m. and 12:00 a.m., or within one and one -half (1 1/2) hours if the request is made between
12:00 a.m. and 8:00 a.m. The towing company must provide a safe and secure place with
sufficient lighting for the customers to retrieve the towed vehicles. Any vehicle owner, custodian
or agent shall have the right to inspect the vehicle before accepting its return, and no release or
waiver of any kind may be required from any vehicle owner, custodian or agent as a condition of
release. A detailed, signed receipt showing the legal name of the company or person towing or
removing the vehicle must be given to the person paying the towing or storage charges at the
time of payment, whether requested or not, and which receipt shall state on the front in bold
letters the following:
"Payment has been made in full prior to release of vehicle. Acceptance of the vehicle and
signing of this receipt does not constitute a waiver of any rights or a release for damage to the
vehicle which may have resulted from towing."
Section 19A -4. Trespass tow bill of rights.
Any towing firm engaged in the business of trespass towing shall post the trespass tow
bill of rights in a clearly visible, prominent position, not more than ten feet from the place where
payment for the tow is made. Posters listing the customer bill of rights shall be supplied by the
Police Department at a cost not to exceed the cost of production. The poster shall read the
following:
Trespass TOW "Bill of Rights"
Your car has been trespass towed. You have certain rights under Florida State Statutes and City
of South Miami Ordinances:
(1) Your vehicle must be released within one hour after requested, provided the towing
fees are paid.
(2) You can retrieve any personal property that is in the vehicle within the first 24 hours
of the tow prior to paying the towing fees (after the first 24 hours, a fee may be charged).
(3) You may inspect your vehicle prior to paying the towing fees. The tow company
cannot require you to sign a waiver which would release the firm from liability for damages
noted by you at the time the vehicle is picked up. The tow company is responsible for any
Page 4 of 11
I damage done by entry into the vehicle if the entry was not done with the "standard of reasonable
2 care." Proper remedy for these damages is through civil court.
3 (4) You may pay the towing charges using cash, debit card, or major credit card. A fee
4 may be charged to use the debit card. No additional fee can be charged for use of a credit card.
5 (5) A detailed, signed receipt showing the legal name of the tow company or person
6 towing the vehicle must be given to you at the time of payment, whether requested or not.
7 (6) Tow companies are required to take photos of your vehicle prior to tow, documenting
8 the violation for which the vehicle was towed. You can make arrangements with the tow
9 company to see the photographs at no charge. Photos will be available for viewing the following
10 business day. Normal hours for viewing the photographs will be Monday through Saturday, 8
11 a.m. to 5 p.m. It is a good idea to make an appointment in advance with the office staff.
12
13 Section 19A -5. Rebates Prohibited.
14
15 The payment of money or any other valuable consideration or giving rebates from the towing
16 individual or firm to the owner or operator of the premises from which vehicles are towed or
17 removed for the privilege of removing or towing those vehicles is expressly prohibited.
18
19 Section 19A -6. Notice Required Prior to Towing from Private Property; Specifications; Sign
20 Permit and Fees.
21
22 Prior to towing or removing any vehicle from private property, the property owner, lessor or
23 lessee shall post a notice meeting the requirements set forth in this section. This provision applies
24 in all instances except at single - family residences or where personal notice has been given to the
25 vehicle operator that the location is not available for the parking of unauthorized vehicles and
26 vehicles are subject to removal at the vehicle operator's expense.
27 a. Notices shall be prominently placed at each driveway access or curb cut and must be
28 within five (5) feet of the public right -of -way line. If there are no curbs or access barriers, a sign
29 must be posted not less than every twenty -five (25) feet of lot frontage.
30 b. The notice must clearly indicate, in light - reflective letters not less than two (2) inches high
31 on a contrasting background, that unauthorized vehicles will be towed away at the owner's
32 expense. The words "Tow Away Zone" must be included on the sign in not less than four (4)
33 inch high letters.
34 c. The notice must provide the name and telephone number of the person or firm towing or
35 removing the vehicles and the location of the storage lot.
36 d. The sign structure containing the required notices must be permanently installed with the
37 bottom of the sign not less than four (4) feet above ground level. It must be placed and
38 continuously maintained on the property for a period of not less than twenty -four (24) hours
39 prior to the towing or removing of any vehicles. In addition, prior to the towing or removing of
40 any vehicle, the following must be fully complied with:
41 1. All existing signs and all new signs must have a permit from the City's Building
42 Division.
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2. A fifty ($50.00) dollar permit fee must be paid for each premises containing up to five
(5) signs, and an additional fifteen ($15.00) dollar fee for each additional sign, prior to
issuance of a permit.
3. Plans for the sign must be submitted to the City's Building Division, which department
shall inspect the plans or completed sign prior to issuing a permit.
4. A permit shall be issued after inspection and approval of the sign to insure conformity
with the sign code and this section.
Section 19A -7. Rates.
Any person or firm towing or removing vehicles from private property shall not charge a rate
greater than that set forth by Miami -Dade County Towing Ordinance.
Section 19A -8. General Conditions Governing Holders of Business Tax Receipts.
In addition to all other provisions of this section, the following conditions shall apply to any
person or firm towing motor vehicles in the City, whether from private property or otherwise:
a. Fees. The person or towing firm shall pay a fee and obtain a business tax receipt or
licenses as required under this Code and, in addition, shall purchase a medallion from the Police
Department at a cost of fifty ($50.00) dollars per year per vehicle, which medallion shall be
prominently displayed on the lower left front windshield of each towing vehicle. Any person or
firm operating more than ten (10) towing vehicles shall pay a total medallion fee of five hundred
($500.00) dollars per year.
b. Annual Inspection. All wrecker type vehicles operated by towing firms shall be inspected
annually by the City's Police Department and proof of satisfactory inspection shall be submitted
to the City Clerk with the application for the annual business tax receipt.
c. Necessary Equipment. Each person or towing firm operating a wrecker type vehicle must
insure that each vehicle possesses that equipment necessary to render proper towing services.
d. Wrecker operators. All wrecker type vehicle operators are required to possess a current
Florida chauffeur's license and shall not have been convicted, pled nolo contendere to, or had
adjudication withheld for or been incarcerated after any conviction, plea of nolo contendere or
adjudication withheld for any of the following:
L Any felony; sexual battery; or any other crime /offense involving the use of a gun,
knife or weapon.
2. Within the previous ten years, any crime /offense directly related to the business of
towing motor vehicles; repossession of motor vehicles; motor vehicle theft; car jacking or chop
shops; or liens for recovering, towing, or storing vehicles and vessels.
3. Within the previous five years, of either: (A) driving under the influence of
alcohol, a controlled substance, or a chemical substance, to the extent that normal faculties are
impaired; or (B) driving with an unlawful blood alcohol level.
e. Insurance Required. The person or towing firm in its own name shall secure and maintain
policies of insurance as listed below and shall furnish copies of same to the City.
1. Worker's compensation and employer's liability insurance as required by State Statute;
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1 2. Public liability insurance in amounts of not less than two hundred fifty thousand
2 ($250,000.00) dollars per person and five hundred thousand ($500,000.00) dollars per accident
3 for bodily injury, and fifty thousand ($50,000.00) dollars per accident for property damage;
4 3. Products or completed operations coverage to insure the towed vehicle and its contents
5 against physical loss and damage during towing and while vehicles are being stored;
6 4. Automobile liability insurance covering all owned, non -owned and hired vehicles in the
7 amounts indicated herein.
8 f. Street Clean -Up. The operator of each wrecker type vehicle shall be responsible to clean
9 the debris from the streets which is caused by the accident to which the vehicle responds.
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11 Section 19A -9. Equipment Requirements.
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13 Every wrecker type truck towing motor vehicles in the City, whether from private property or
14 otherwise, shall be equipped with an oscillating amber light mounted on top of the tow truck cab,
15 a commercial two -way radio connected to a base station and floodlights on the hoist as well as
16 all other amber and red lights and amber and red reflectors as required by State law, and in
17 addition must carry the following:
18 a. Portable cutting devices (must be available);
19 b. Porto -power or equivalent of ten -ton capacity (must be available);
20 c. Sand;
21 d. Two (2) brooms at least one (1) of which shall be a heavy duty push broom;
22 e. Reflectors (portable) or six (6) safety cones;
23 f Shovel;
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Extra towing chain (eight (8) inch to ten (10) inch with hooks);
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Axe;
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Crowbar or pry bar;
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Scotch blocks on large tow trucks (B &C type);
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Fire extinguishers, ten -pound dry chemical (U.A. Class B and C fire extinguishers);
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First aid kit;
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Necessary hand tools;
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Four -way lug wrench;
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Steering wheel lock or some type of belt or rope;
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Two (2) jack stands;
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Air tank;
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Extra gasoline supply;
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Extra wood blocks;
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One (1) pair of bolt cutters;
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Jumper cables;
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Flashlight;
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I w. Six (6) thirty - minute fuses.
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3 Section 19A -10. Exceptions.
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5 The provisions of this section shall not apply to any towing or wrecker type vehicle operated
6 under the auspices of an automobile club, automobile agency or gasoline service club, which
7 club only services its members and not the general public.
8
9 Section 19A -11. Unlawful Acts of Towing Operator.
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11 In addition to all other provisions contained in this section, the following acts are expressly
12 prohibited by any person or towing service:
13 a. The failure to obtain and display a medallion from the City of South Miami prior to
14 towing any vehicle within the City;
15 b. The demand or collection of a fee in excess of the rates filed or additional unauthorized
16 charges;
17 c. The failure to provide a receipt with all charges itemized;
18 d. The failure to release a vehicle to its rightful owner or operator if the appropriate charge to
19 which the person or towing service is entitled has been offered and the person making such offer
20 promises to remove or promptly secure removal of the towed vehicle;
21 e. The removal of a vehicle from location unless:
22 1. Requested to remove same by a Police Officer or appropriate governmental official
23 acting in his /her official capacity; or
24 2. The vehicle's registered owner or the owner's authorized agent engages the operator's
25 service; or
26 3. The towing operator has a signed authorization from the rightful occupier of real
27 property for each such vehicle removed, which form must reflect all existing damage to the
28 vehicle about to be towed.
29 f The charge of a fee for attempting to tow a vehicle unless the holder of a business tax
30 receipt has gained custody of the vehicle to be towed by hooking it to the tow truck and raising
31 the vehicle's wheels off the ground, or has completed the process of preparing the vehicle for
32 towing, and the holder of the business tax receipt has begun to operate the tow truck with the
33 vehicle in tow, in which event no more than fifty (50 %) percent of the towing fee may be
34 charged;
35 g. The blocking or otherwise interfering with the removal of a vehicle by a person properly
36 claiming such vehicle;
37 h. Going to the site of a vehicle accident for the purpose of soliciting or procuring towing
38 service business unless called by the owner of a vehicle, the rightful occupier of property from
39 which the vehicle is to be removed, or a Police Officer;
40 i. Refusing to allow a vehicle owner or operator to remove his or her possessions from a
41 towed or stored vehicle upon presenting proof of ownership or authorized possession of the
42 vehicle.
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2 Section 19A -12. - Civil citation; violation of ordinance.
4 Police officers and code enforcement officers may issue a civil citation to tow owners or
5 their authorized representatives and property owners or their authorized representatives, for
6 violations of any section of this Ordinance.
Section 19A -13. - Revocation; appeal.
10 (a) The city may revoke the privilege of any person to perform trespass towing on
11 any of the following grounds:
12 (1) If the towing service owner and/or wrecker operator provides monetary or other
13 valuable consideration to the private property owner for the privilege of towing vehicles from the
14 property under contract;
15 (2) The towing service owner and /or operator provides monetary or other valuable
16 consideration to the private property owner for each or any individual vehicle towed from the
17 property;
18 (3) If the service owner and /or wrecker operator charges fees in excess of the amount
19 permitted by Miami -Dade County.
20 (4) If a wrecker operator fails to display on or about his person or on the dashboard of
21 the wrecker, easily visible to the public, the wrecker operator permit while performing a trespass
22 tow.
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24 All proceeding to revoke or suspend the privileges of a towing service owner and/or
25 operator to make trespass towns within the City shall be heard before a code enforcement special
26 master and appeals of his or her decision shall be to the Miami -Dade circuit court.
27
28 Section 19A -14. - Vehicles subject to criminal investigation.
29
30 Tow owner shall not refuse to relinquish to the police, a vehicle which is the subject of a
31 criminal investigation. Relinquishment of the vehicle to the police for impoundment at its
32 contract site shall not affect tow owners right to payment for services rendered and payment for
33 those services shall be made to tow owner by the owner of the vehicle or his /her representative,
34 or other arrangements shall be made with tow owner to receive payment before the vehicle is
35 released to the owner or his /her representative.
36 Section 19A -15. Franchise for Police Generated Tows
37 (a) The City Commission may by Ordinance grant, renew or extend franchises to one
38 or more tow operators for police - generated tows for a term not to exceed five (5) years. For
39 purposes of this Ordinance, the term "police- generated tows" means tows requested by the City's
40 Police Department in connection with official business and the storage of those towed vehicles.
41 Police generated tows includes tows of impounded vehicles, and police service tows of vehicles
42 where the driver is arrested, detained, incapacitated or physically unable to drive the vehicle.
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I (b) No franchise shall be granted, renewed or extended except by Ordinance. Such
2 Ordinance shall include the authorization of an agreement with the franchise holder, which shall
3 incorporate among its terms, the conditions, if any, of the franchise award.
4 (c) Each application for franchise shall contain the following information:
5
6 (1) The name, address and telephone number of the applicant. If the applicant is a partnership,
7 the name, address and telephone numbers of each partner. If the applicant is a corporation, the
8 application shall also state the names, addresses and telephone numbers of its directors, main
9 officers, major stock holders and associates and the names, addresses and telephone numbers of
10 any parent or subsidiary company.
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12 (2) A complete and executed copy of the City's Agreement for vehicle tow services.
13
14 (3) The City Commission may at any time demand, and the applicant shall provide,
15 supplementary, additional or other information as the City Commission may deem reasonably
16 necessary to determine whether the requested franchise should be granted.
17
18 (D) The City Commission in its sole discretion may grant or deny such franchise if it deems such
19 action to be in the public interest. In making its decision, it may consider whether the applicant
20 is qualified to render prompt and efficient police- generated tow service, the quality of service,
21 the compliance with past agreements with the City, financial condition, experience and any other
22 considerations that will safeguard the City's public interest. Any grant of franchise shall be
23 subject to such terms, conditions, rules, regulations, restrictions, limitations, governmental or
24 contractual in nature as the City Commission may deem advisable to protect citizens or to
25 promote the efficient conduct of official police business, to preserve the rights and interests of
26 the City in its streets and public places and to otherwise protect the interest of the City and its
27 people.
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29 (E) Nothing in this Ordinance shall require any franchise granted by the City to be exclusive.
30 Neither the granting of a franchise or any provisions contained therein shall prevent the City
31 from granting any identical, similar or different franchise to any person other than grantee for all
32 or any areas of the City.
33 (P) The City may require, as a condition for a grant of franchise, the payment of a franchise
34 fee(s) to be set in a franchise agreement to cover all or portion of the cost of City's police
35 generated tow program. Such franchise fee shall be in addition to other applicable taxes, fees
36 and charges, if any, payable by tow operators.
37 SECTION 2. All ordinances or Code provisions in conflict herewith are hereby
38 repealed, but only to the extent of such conflict.
39 SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this
40 Ordinance is for any reason held invalid or unconstitutional by any court of competent
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jurisdiction, such portion shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining portions of this Ordinance.
SECTION 4. This Ordinance shall be effective upon adoption on Second reading.
PASSED AND ADOPTED this 2010.
ATTEST: APPROVED:
CITY CLERK
1sT Reading —
2nd Reading -
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
CITY ATTORNEY
Page I I of 11
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Beasley:
Commissioner Palmer:
Commissioner Harris:
ORDINANCE NO:
An Ordinance of the Mayor and City Commission of the City of South
Miami, Florida, amending the South Miami Code of Ordinances by creating
Chapter 19A "Towing Regulations ", regulating towing within the City;
providing for conflict, severability and an effective date.
WHEREAS, numerous persons and firms in Miami -Dade County engage in the business
of recovering, towing and storing of motor vehicles and vessels; and
WHEREAS, such towing services frequently must be provided without the prior consent
of the vehicle /vessel owner, or under circumstances which prevent negotiating the charges, terms
and conditions for the towing service, often resulting in disagreements
and complaints between vehicle /vessel owners and providers of towing services; and
WHEREAS, the vehicles and equipment used to tow vehicles /vessels across the
thoroughfares of the City of South Miami and the manner in which towing is conducted are of
considerable significance to the health, safety and welfare of the owners of towed
vehicles /vessels and of the residents of the city; and
WHEREAS, Sections 166.043(c) and 715.07(2), Florida Statutes, empower the City to
enact regulations pertaining to the towing industry; and
WHEREAS, the Mayor and City Commission find it to be in the best interest of the City,
its citizens and its visitors to license and regulate non - consent and consent towing services and
all drivers who perform towing services within the City, to assure that all who provide the
services are fit and competent to do so and that such services are delivered in a safe and efficient
mamrer.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Page I of 11
SECTION 1. New Chapter 19A of the City Code is enacted to read:
Towing Regulations.
Section 19A -1 Application.
This Ordinance shall apply to the towing or removal of any motor vehicle from private
property within the City without the consent of the registered owner, authorized agent, operator
or person in control of that vehicle, and where specified, to towing from public property.
Section 19A -2 - Definitions.
As used in this Ordinance
Emergency towing as used in this article shall only include circumstances where the usual
operation of a business is impeded by the blocking of entrances, exits or access to operational
equipment, but specifically shall not include tows for the purpose of clearing parking areas.
Major credit card means a Visa, Mastercard and American Express.
Normal business hours means from 8:00 a.m. to 8:00 p.m. seven days per week.
Property owner means the person who exercises dominion and control over the real property,
including, but not limited to, the legal title holder, lessee, a resident manager, a property manager
or other agent who has legal authority to bind the owner. An owner, operator, or other agent or
employee of a trespass towing service or immobilization service may not be appointed as an
agent for a property.
Tow shall mean to haul, carry, pull along, or otherwise transport a connected vehicle by means
of another vehicle in a direct and continuous movement to the storage site of the towing or
immobilization service and applies only to private property or trespass tows as defined in this
Ordinance.
Trespass towing shall mean towing or removal of a vehicle that is parked on private real
property, without the consent of the vehicle's owner or operator.
Trespass towing service includes any person, company corporation, or other entity whether
licensed or not, who engages in or who owns or operates a business which engages, in whole or
in part, in the towing of vehicles for compensation from private property and does not apply to
repossessions, or to the towing or removal of any privately owned vehicle by the operator or of
any vehicle towing or removal service when such service is performed at the request of the
owner of the vehicle.
Section 19A -3. Towing Conditions and Regulations from Private Property.
Page 2 of 11
Trespass towing of any motor vehicle from private property is subject to compliance with the
following conditions and restrictions:
a. Business Tax Receipt Required Any person or firm, prior to towing vehicles within the
City, must obtain a City of South Miami business tax receipt and register same with the Chief of
Police.
b. Storage Site Regulations. All towed or removed vehicles must be stored at a site within the
City limits or within five (5) miles of South Miami City Hall to allow citizens to retrieve vehicles
with minimum difficulty. The site must be open for the redemption of vehicles seven (7) days
per week, from 8:00 a.m. until 8:00 p.m., and when closed, shall have a sign, prominently
displayed, indicating a telephone number in Miami -Dade County where the operator of the site
can be reached at all times. Upon receipt of a telephonic request to open the site to redeem a
vehicle between the hours of 8:00 p.m. and 8:00 a.m., the operator must respond to the site
within one (1) hour by having an authorized employee appear at the site to allow release of the
vehicle or be in violation of this section. The phone number posted shall be kept open for receipt
of calls at all times.
c. Notice to City Police Department. A person or firm engaging in a trespass tow within the
City shall within thirty (30) minutes of such towing or removal, notify the City of South Miami
Police Department of such action, of the storage site of the vehicle, the time the vehicle was
towed or removed, and the make, model, color and license plate number of the vehicle, and shall
obtain the name of the person at the Police Department to whom such information was reported
and note that name on the trip record.
d. Vehicle not connected upon operator returning. The owner or operator of any towing
service vehicle which is summoned to tow away any vehicle on private property shall not
remove or tow the vehicle away and shall not charge any fee if the vehicle operator returns to the
vehicle prior to the towing service operator having hooked it to the tow truck and raised the
vehicle's wheels off the ground..
e. Arrival of Vehicle Owner Before Removal. If the registered owner, authorized agent,
operator or person in control of the vehicle to be towed arrives at the scene prior to the removal
or towing of the vehicle, but after the vehicle has been connected to the tow truck, the tow truck
operator shall disconnect the vehicle from the towing or removal apparatus and the vehicle
operator shall be allowed to remove the vehicle without interference from the tow truck operator
upon the payment of a reasonable service fee of not more than one -half (1/2) of the allowable
rate for such towing service as provided in this section.
f. Payment Conditions. The person or towing firm shall accept cash or either a check drawn
on a Miami -Dade or Broward County bank (with appropriate identification and driver's license)
or a major credit card in payment of any charges.
g. Filing of Rates. Any person or firm that tows or removes vehicles and requires the owner,
authorized agent or person in control of the vehicle to pay the costs of towing and storage prior
to the redemption of the vehicle must file and keep on record with the City of South Miami
Police Department a complete copy of the current rates charged for such services, and post a
copy of same at the storage site in a conspicuous location. Any changes in rates must be filed
with the Police Department before being placed in effect.
Page 3 of 11
h. Vehicle Identification. All trucks or vehicles used to tow or remove vehicles from private or
public property shall clearly indicate the name, address and telephone number of the towing
company on the driver and passenger side doors of the towing vehicle in letters at least two (2)
inches high.
i. Temporary Holding Areas Prohibited. When a vehicle has been towed or removed, it shall
be brought directly to the storage site having a business tax receipt and shall not be kept in any
temporary holding areas.
j. Release of Vehicle to Owner. When a vehicle has been towed or removed, it must be
released to its owner or custodian within one hour after a request for such release has been made
and payment is offered for the towing services if such request is made between the hours of 8:00
a.m. and 12:00 a.m., or within one and one -half (1 1/2) hours if the request is made between
12:00 a.m. and 8:00 a.m. The towing company must provide a safe and secure place with
sufficient lighting for the customers to retrieve the towed vehicles. Any vehicle owner, custodian
or agent shall have the right to inspect the vehicle before accepting its return, and no release or
waiver of any kind may be required from any vehicle owner, custodian or agent as a condition of
release. A detailed, signed receipt showing the legal name of the company or person towing or
removing the vehicle must be given to the person paying the towing or storage charges at the
time of payment, whether requested or not, and which receipt shall state on the front in bold
letters the following:
"Payment has been made in full prior to release of vehicle. Acceptance of the vehicle and
signing of this receipt does not constitute a waiver of any rights or a release for damage to the
vehicle which may have resulted from towing."
Section 19A -4. Trespass tow bill of rights.
Any towing firm engaged in the business of trespass towing shall post the trespass tow
bill of rights in a clearly visible, prominent position, not more than ten feet from the place where
payment for the tow is made. Posters listing the customer bill of rights shall be supplied by the
Police Department at a cost not to exceed the cost of production. The poster shall read the
following:
Trespass Tow "Bill of Rights"
Your car has been trespass towed. You have certain rights under Florida State Statutes and City
of South Miami Ordinances:
(1) Your vehicle must be released within one hour after requested, provided the towing
fees are paid.
(2) You can retrieve any personal property that is in the vehicle within the first 24 hours
of the tow prior to paying the towing fees (after the first 24 hours, a fee may be charged).
(3) You may inspect your vehicle prior to paying the towing fees. The tow company
cannot require you to sign a waiver which would release the firm from liability for damages
noted by you at the time the vehicle is picked up. The tow company is responsible for any
Page 4 of 11
damage done by entry into the vehicle if the entry was not done with the "standard of reasonable
care." Proper remedy for these damages is through civil court.
(4) You may pay the towing charges using cash, debit card, or major credit card. A fee
may be charged to use the debit card. No additional fee can be charged for use of a credit card.
(5) A detailed, signed receipt showing the legal name of the tow company or person
towing the vehicle must be given to you at the time of payment, whether requested or not.
(6) Tow companies are required to take photos of your vehicle prior to tow, documenting
the violation for which the vehicle was towed. You can make arrangements with the tow
company to see the photographs at no charge. Photos will be available for viewing the following
business day. Normal hours for viewing the photographs will be Monday through Saturday, 8
a.m. to 5 p.m. It is a good idea to make an appointment in advance with the office staff.
Section 19A -5. Rebates Prohibited.
The payment of money or any other valuable consideration or giving rebates from the towing
individual or firm to the owner or operator of the premises from which vehicles are towed or
removed for the privilege of removing or towing those vehicles is expressly prohibited.
Section 19A -6. Notice Required Prior to Towing from Private Property; Specifications; Sign
Permit and Pees.
Prior to towing or removing any vehicle from private property, the property owner, lessor or
lessee shall post a notice meeting the requirements set forth in this section. This provision applies
in all instances except at single- family residences or where personal notice has been given to the
vehicle operator that the location is not available for the parking of unauthorized vehicles and
vehicles are subject to removal at the vehicle operator's expense.
a. Notices shall be prominently placed at each driveway access or curb cut and must be
within five (5) feet of the public right -of -way line. If there are no curbs or access barriers, a sign
must be posted not less than every twenty -five (25) feet of lot frontage.
b. The notice must clearly indicate, in light- reflective letters not less than two (2) inches high
on a contrasting background, that unauthorized vehicles will be towed away at the owner's
expense. The words "Tow Away Zone" must be included on the sign in not less than four (4)
inch high letters.
c. The notice must provide the name and telephone number of the person or firm towing or
removing the vehicles and the location of the storage lot.
d. The sign structure containing the required notices must be permanently installed with the
bottom of the sign not less than four (4) feet above ground level. It must be placed and
continuously maintained on the property for a period of not less than twenty -four (24) hours
prior to the towing or removing of any vehicles. In addition, prior to the towing or removing of
any vehicle, the following must be fully complied with:
1. All existing signs and all new signs must have a permit from the City's Building
Division.
Page 5 of 11
2. A fifty ($50.00) dollar permit fee must be paid for each premises containing up to five
(5) signs, and an additional fifteen ($15.00) dollar fee for each additional sign, prior to
issuance of a permit.
3. Plans for the sign must be submitted to the City's Building Division, which department
shall inspect the plans or completed sign prior to issuing a permit.
4. A permit shall be issued after inspection and approval of the sign to insure conformity
with the sign code and this section.
Section 19A -7. Rates.
Any person or firm towing or removing vehicles from private property shall not charge a rate
greater than that set forth by Miami -Dade County Towing Ordinance.
Section 19A -8. General Conditions Governing Holders of Business Tax Receipts.
In addition to all other provisions of this section, the following conditions shall apply to any
person or firm towing motor vehicles in the City, whether from private property or otherwise:
a. Fees. The person or towing firm shall pay a fee and obtain a business tax receipt or
licenses as required under this Code and, in addition, shall purchase a medallion from the Police
Department at a cost of fifty ($50.00) dollars per year per vehicle, which medallion shall be
prominently displayed on the lower left front windshield of each towing vehicle. Any person or
firm operating more than ten (10) towing vehicles shall pay a total medallion fee of five hundred
($500.00) dollars per year.
b. Annual Inspection. All wrecker type vehicles operated by towing firms shall be inspected
annually by the City's Police Department and proof of satisfactory inspection shall be submitted
to the City Clerk with the application for the annual business tax receipt.
c. Necessary Equipment. Each person or towing firm operating a wrecker type vehicle must
insure that each vehicle possesses that equipment necessary to render proper towing services.
d. Wrecker operators. All wrecker type vehicle operators are required to possess a current
Florida chauffeur's license and shall not have been convicted, pled nolo contendere to, or had
adjudication withheld for or been incarcerated after any conviction, plea of nolo contendere or
adjudication withheld for any of the following:
1. Any felony; sexual battery; or any other crime /offense involving the use of a gun,
knife or weapon.
2. Within the previous ten years, any crime /offense directly related to the business of
towing motor vehicles; repossession of motor vehicles; motor vehicle theft; car jacking or chop
shops; or liens for recovering, towing, or storing vehicles and vessels.
3. Within the previous five years, of either: (A) driving under the influence of
alcohol, a controlled substance, or a chemical substance, to the extent that normal faculties are
impaired; or (B) driving with an unlawful blood alcohol level.
e. Insurance Required. The person or towing firm in its own name shall secure and maintain
policies of insurance as listed below and shall furnish copies of same to the City.
1. Worker's compensation and employer's liability insurance as required by State Statute;
Page 6 of 11
2. Public liability insurance in amounts of not less than two hundred fifty thousand
($250,000.00) dollars per person and five hundred thousand ($500,000.00) dollars per accident
for bodily injury, and fifty thousand ($50,000.00) dollars per accident for property damage;
3. Products or completed operations coverage to insure the towed vehicle and its contents
against physical loss and damage during towing and while vehicles are being stored;
4. Automobile liability insurance covering all owned, non -owned and hired vehicles in the
amounts indicated herein.
f Street Clean -Up. The operator of each wrecker type vehicle shall be responsible to clean
the debris from the streets which is caused by the accident to which the vehicle responds.
Section 19A -9. Equipment Requirements.
Every wrecker type truck towing motor vehicles in the City, whether from private property or
otherwise, shall be equipped with an oscillating amber light mounted on top of the tow truck cab,
a commercial two -way radio connected to a base station and floodlights on the hoist as well as
all other amber and red lights and amber and red reflectors as required by State law, and in
addition must carry the following:
a. Portable cutting devices (must be available);
b. Porto -power or equivalent of ten -ton capacity (must be available);
c. Sand;
d. Two (2) brooms at least one (1) of which shall be a heavy duty push broom;
e. Reflectors (portable) or six (6) safety cones;
f Shovel;
g. Extra towing chain (eight (8) inch to ten (10) inch with hooks);
h. Axe;
i. Crowbar or pry bar;
Scotch blocks on large tow trucks (B &C type);
k. Fire extinguishers, ten -pound dry chemical (U.A. Class B and C fire extinguishers);
First aid kit;
m. Necessary hand tools;
n. Four -way lug wrench;
o. Steering wheel lock or some type of belt or rope;
p. Two (2) jack stands;
q. Air tank;
r. Extra gasoline supply;
s. Extra wood blocks;
t. One (1) pair of bolt cutters;
u. Jumper cables;
v. Flashlight;
Page 7 of 11
w. Six (6) thirty - minute fuses.
Section 19A -10. Exceptions.
The provisions of this section shall not apply to any towing or wrecker type vehicle operated
under the auspices of an automobile club, automobile agency or gasoline service club, which
club only services its members and not the general public.
Section 19A -11. Unlawful Acts of Towing Operator.
In addition to all other provisions contained in this section, the following acts are expressly
prohibited by any person or towing service:
a. The failure to obtain and display a medallion from the City of South Miami prior to
towing any vehicle within the City;
b. The demand or collection of a fee in excess of the rates filed or additional unauthorized
charges;
c. The failure to provide a receipt with all charges itemized;
d. The failure to release a vehicle to its rightful owner or operator if the appropriate charge to
which the person or towing service is entitled has been offered and the person making such offer
promises to remove or promptly secure removal of the towed vehicle;
e. The removal of a vehicle from location unless:
1. Requested to remove same by a Police Officer or appropriate governmental official
acting in his /her official capacity; or
2. The vehicle's registered owner or the owner's authorized agent engages the operator's
service; or
3. The towing operator has a signed authorization from the rightful occupier of real
property for each such vehicle removed, which form must reflect all existing damage to the
vehicle about to be towed.
f. The charge of a fee for attempting to tow a vehicle unless the holder of a business tax
receipt has gained custody of the vehicle to be towed by hooking it to the tow truck and raising
the vehicle's wheels off the ground, or has completed the process of preparing the vehicle for
towing, and the holder of the business tax receipt has begun to operate the tow truck with the
vehicle in tow, in which event no more than fifty (50 %) percent of the towing fee may be
charged;
g. The blocking or otherwise interfering with the removal of a vehicle by a person properly
claiming such vehicle;
h. Going to the site of a vehicle accident for the purpose of soliciting or procuring towing
service business unless called by the owner of a vehicle, the rightful occupier of property from
which the vehicle is to be removed, or a Police Officer;
i. Refusing to allow a vehicle owner or operator to remove his or her possessions from a
towed or stored vehicle upon presenting proof of ownership or authorized possession of the
vehicle.
Page 8 of 1 I
Section 19A -12. - Civil citation; violation of ordinance.
Police officers and code enforcement officers may issue a civil citation to tow owners or
their authorized representatives and property owners or their authorized representatives, for
violations of any section of this Ordinance.
Section 19A -13. - Revocation; appeal.
(a) The city may revoke the privilege of any person to perform trespass towing on
any of the following grounds:
(1) If the towing service owner and /or wrecker operator provides monetary or other
valuable consideration to the private property owner for the privilege of towing vehicles from the
property under contract;
(2) The towing service owner and/or operator provides monetary or other valuable
consideration to the private property owner for each or any individual vehicle towed from the
property;
(3) If the service owner and /or wrecker operator charges fees in excess of the amount
permitted by Miami -Dade County.
(4) If a wrecker operator fails to display on or about his person or on the dashboard of
the wrecker, easily visible to the public, the wrecker operator permit while performing a trespass
tow.
All proceeding to revoke or suspend the privileges of a towing service owner and/or
operator to make trespass towns within the City shall be heard before a code enforcement special
master and appeals of his or her decision shall be to the Miami -Dade circuit court.
Section 19A -14. - Vehicles subject to criminal investigation.
Tow owner shall not refuse to relinquish to the police, a vehicle which is the subject of a
criminal investigation. Relinquishment of the vehicle to the police for impoundment at its
contract site shall not affect tow owners right to payment for services rendered and payment for
those services shall be made to tow owner by the owner of the vehicle or his /her representative,
or other arrangements shall be made with tow owner to receive payment before the vehicle is
released to the owner or his /her representative.
Section 19A -15. Franchise for Police Generated Tows
(a) The City Commission may by Ordinance grant, renew or extend franchises to one
or more tow operators for police - generated tows for a term not to exceed five (5) years. For
purposes of this Ordinance, the term "police- generated tows" means tows requested by the City's
Police Department in connection with official business and the storage of those towed vehicles.
Police generated tows includes tows of impounded vehicles, and police service tows of vehicles
where the driver is arrested, detained, incapacitated or physically unable to drive the vehicle.
Page 9 of 11
(b) No franchise shall be granted, renewed or extended except by Ordinance. Such
Ordinance shall include the authorization of an agreement with the franchise holder, which shall
incorporate among its terms, the conditions, if any, of the franchise award.
(c) Each application for franchise shall contain the following information:
(1) The name, address and telephone number of the applicant. If the applicant is a partnership,
the name, address and telephone numbers of each partner. If the applicant is a corporation, the
application shall also state the names, addresses and telephone numbers of its directors, main
officers, major stock holders and associates and the names, addresses and telephone numbers of
any parent or subsidiary company.
(2) A complete and executed copy of the City's Agreement for vehicle tow services.
(3) The City Commission may at any time demand, and the applicant shall provide,
supplementary, additional or other information as the City Commission may deem reasonably
necessary to determine whether the requested franchise should be granted.
(D) The City Commission in its sole discretion may grant or deny such franchise if it deems such
action to be in the public interest. In making its decision, it may consider whether the applicant
is qualified to render prompt and efficient police - generated tow service, the quality of service,
the compliance with past agreements with the City, financial condition, experience and any other
considerations that will safeguard the City's public interest. Any grant of franchise shall be
subject to such terms, conditions, rules, regulations, restrictions, limitations, governmental or
contractual in nature as the City Commission may deem advisable to protect citizens or to
promote the efficient conduct of official police business, to preserve the rights and interests of
the City in its streets and public places and to otherwise protect the interest of the City and its
people.
(E) Nothing in this Ordinance shall require any franchise granted by the City to be exclusive.
Neither the granting of a franchise or any provisions contained therein shall prevent the City
from granting any identical, similar or different franchise to any person other than grantee for all
or any areas of the City.
(P) The City may require, as a condition for a grant of franchise, the payment of a franchise
fee(s) to be set in a franchise agreement to cover all or portion of the cost of City's police
generated tow program. Such franchise fee shall be in addition to other applicable taxes, fees
and charges, if any, payable by tow operators.
SECTION 2. All ordinances or Code provisions in conflict herewith are hereby
repealed, but only to the extent of such conflict.
SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held invalid or unconstitutional by any court of competent
Page 10 of 11
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining portions of this Ordinance.
SECTION 4. This Ordinance shall be effective upon adoption on Second reading.
PASSED AND ADOPTED this 2010.
ATTEST: APPROVED:
CITY CLERK MAYOR
1 s r Reading —
2 "a Reading -
READ AND APPROVED AS TO FORM
AND SUFFICIENCY: COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
CITY ATTORNEY Commissioner Beasley:
Commissioner Palmer:
Commissioner Harris:
Page 11 of 11
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
MARIA MESA, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review f /k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING - AUGUST 17, 2010
in the XXXX Court,
was published in said newspaper in the issues of
08/06/2010
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, re mission or refund for the purpose
of secures is adverdseme t for publication in the said
subscribed before me this
06 day of AUGUST • /, J.D, 2010
(SEAL)
MARIA MESA personally known to me
L uNgfary PU @lit Steta of Flonda
Vorgnice Perez
My Commission 00819771
a Expires 06 /03/2012
at 7:30 p.m: in
considerthefoll
Ap Ordinal
An OI
South
Ordin
reguh
sever
I:` Art 0
Scutt
,A—,
• Axw92� `
E OF PUBLIC HEARING
Y OFSOUTH MIAMI
Oven that the City Commission of the City of South
onduct' a Public Hearing at: its regular 'City
elieduled for Tuesday, August 17, 2010 beginning
y Commission Chambers, 6130 Sunset Drive; to
tem(s):
he Mayor and City Oommission of the City of
Wilda proposing to the city's electors;,
tropes III and Vtofhe City's Charter to provide. `, ; I J
nt, directors appointed by thIe,Clty Manager.:'
;to the .approvat..or rejectlory:, by, the; City..
vidijg,,for the' proposed amendment to- be
;ity's electors atdhe next General Election'of.
1d to file the revised Charter with the Flonda
State„:provid'ing forseverabirty, conflict, and an
of the 'Mavor and City Commission of the City of
providing for
approved oy me voters at uie rutnuaiy o, Fv�v a, 4,
Special,; Election; and, by amending the quorum; providing for
severabiiity, ordinances in I conflict; and an effective date.'
A Resolution of the Mayor and City Commission of the City of
South Miami, Florida relating to the issuance of a Certificate,of -
at 61
proviamg an creative care.
A Resolution of the Mayor. and City Commission of the City of
South Miami, Florida, relating to financial:. audit services,
authonzing:,the Acting. City Manager to hire .a new financial
auditor and execute a two -year audit contract with the audit firm
of Keefe, McCullough & CO. LLP., with the option to renew for
one year, it so desired by the City, and providing for an effective.
date.
ALL Interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at :,
365 -663 -6340.
Maria M. Menendez, CMC
City Clerk "
Pursuant to Florida Statutes 286.0105, the City hereby advises the public
that if a person decides to appeal any decision made by this Board,
Agency or Commission with respect to any matter considered at its
meeting or h €anng, he or she will need a record of the proceedings, and
that for such purpose, affected person may need to ensure that a verbatim
record of the proceedings is made which record includes the testimony
and evidence upon which the appeal is to be based.
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