Loading...
3561-84'd?lS;t"''t`+'i` i ?? ? 3 4 F ?,kr J° rR 6. r r'^r?""y? €•.? a„ !, °i ?!"' ?: ?? ,,r_, ?? r"9y, "? ? ? f-",?...'.[T.+? 1?Y.:? :• ?'?,q,,?b?: 4t4? ''7? 1E?7"''.".? :3`e v a.3 n n,? a-.dw.'i ?.,?y.+??..!p ?,?+.R±.+hi.,.s?""?3?`• 4 ', S.'...'?. i'S',?1"t. ?,?.?>, r..?a?i^.. ? _... a . _J....._.. ...? ! 1_F.?_.., s ......_,..:?°...4? .tn?"4. . __.?...s,'.Qca;S,.,?S'_?.? ., .,,..,'r?:..,...w. . ,y.r .? n'????1_v.,•n.?.x`:? tkS3'r?.5;?[':?`?'C??r?+?'rr?. '.E 11 sWe' +n:1 aKj- ya, a 1:y=, + ? 'Yk. O •t!!.G}? I I? ? .t ORDINANCE NO. 3561-•84 ? f AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, S.. r AMENDING CHAPTER 121, STOPPING, STANDING AND PARKING, OF TITLE X TRAFFIC AND MOTOR VEHICLES OF THE CODE OF ORDINANCES, CITY OF CLEARWATER, TO ENACT A NEW SECTION 121.29.1 TO PROVIDE FOR RULES AND REGULATIONS FOR TOWING OF VEHICLES PARKED ON PRIVATE PROPERTY; TO PROVIDE FOR A DEFINITION OF "VEHICLE"; TO PROVIDE FOR ?Y AN EXEMPTION TO THIS SECTION FOR EMERGENCY VEHICLES; TO PROVIDE FOR THE LIABILITY OF COSTS OF REMOVAL AND STORAGE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR THE SEPARABILITY OF THE PROVISIONS HEREOF; PROVIDING FOR PROPER NOTICE OF PROPOSED ENACTMENT; AND PROVIDING FOR EFFECTIVE DATE OF THIS Y'+y ORDINANCE. a BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Chapter 121, Stopping, Standing and Parking, of Title X, Traffic and Motor Vehicles, of the Code of Ordinances, City of Clearwater, Florida, is hereby amended to add a new Article III, Vehicles Parked on Private Property; Towing, to read *as follows: ARTICLE M. VEHICLES PARKED ON PRIVATE PROPERTY See. 12L29.1. Vehicles parked on private property; towing. (a) As used in this section, the term "vehicle" means any mobile.item which normally uses wheels, whether motorized or not. (b) The owner or lessor of real property, or any person authorized by the owner or lessor, which person may be the designated representative of the condominium association if the real property Is a condominium, may cause any vehicle parked on such property without his permission to be removed by a person regularly engaged in the business of towing vehicles, without liability for the costs of removal, transportation, or storage or damages caused by such removal, transportation, or storage, under any of the following circumstances: (1) The towing or removal of any vehicle from private property without the consent of the registered owner or other legally authorized person in control of that vehicle is subject to strict compliance with the following conditions and restrictions: a•1. Any towed or removed vehicle must be stored at a site within 5 miles of the point of removal. That site must be open for the purpose of redemption of vehicles.on any day that the person or firm towing such vehicle is open for towing purposes, from 11:00 A.M. to 11:00 P.M., and when closed, shall have prominently posted a sign indicating a telephone number where the operator of the site can be reached at all times. Upon receipt of a telephone request to open the site to redeem a vehicle, the operator shall return to the site within 1 hour or he will be in violation of this section. 2. If no towing business is located within the area of towing limitations set forth in sub-'subparagraph a, 5 Ord. 3561-84 -17-84 f F the following limitations applys Any towed or removed vehicle must be stored at a site within 20 miles of the point of removal. b. The person or firm towirg or removing the vehicle shall., within 30 minutes of completion of such towing or removal, notify the municipal police department of such towing or removal, the storage site, 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 that department to whom such information was reported and note that name on the trip record. C. if the registered owner or other legally authorized person in control of the vehicle arrives at the scene prior to removal or towing of the vehicle, the vehicle shall be disconnected from the towing or removal apparatus, and that person shall be allowed to remove the vehicle without inteference upon the payment of a reasonable service fee of not more than one-half of the posted rate for such towing. service as provided In subparagraph f, for which a receipt shall be given, unless that person refuses to remove the vehicle which Is otherwise unlawfully parked. d. The rebate or payment of money or any other valuable consideration from the Individual or firm towing or removing vehicles to the owners or operators of the premises front which the vehicles are towed or removed, for the privilege of removing or towing those vehicles, is prohibited. Except for property appurtenant to and obviously y-a part of a single-family residence, and except for instances when notice is personally given to the owner or other legally authorized person in control of the vehicle that the area In which that vehicle is parked Is reserved or otherwise unavailable for unauthorized vehicles and subject to being removed at the owner's or operator's expense, any property owner or lessor, or person authorized by the property owner or lessor, or person authorized by the property owner or lessor, prior to towing or removing any vehicle from private property without the consent of the owner or other legally authorized person In control of that vehicle, must post a notice meeting the following requirements: (1) The notice must,be prominently placed at each driveway access or curb cut allowing vehicular access to the property,, within 5 feet from the public right-of-way line. If there are no curbs ,or access barriers, the signs must be posted not less than one sign for each 25 feet of lot frontage. (2)• The notice must clearly indicate, In not less than 2-Inch high, light-reflective letters 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 4-Inch high letters. (3) The notice must also provide the name and current telephone number of the person or firm towing or removing the vehicles, If the property - 2 - 5-17-84 . ?. ?..s.. ,4' ,. n . ?_ .. s"LV ..?.??t?.? ,•r•"2i j' _ ....s __ ?..,L' ?- s .._. 7v?-.. . _ . owner, lessor, or person in control of the property has a written or oral contract with the towing company. (4) The sign structure containing the required notices must be permanently installed with the bottom of the sign not less than 4 feet above ground level and must be continuously maintained on the property for not less than 24 hours prior to the towing or removal of any vehicles. (5) The City shall require approval after inspection of these signs prior. to any towing or removal of vehicles being authorized by a city police officer to ensure compliance with sections (1) through (4). f. Any person or firm that tows or removes vehicles and proposes to require an owner, operator, or person in control of a vehicle to pay the costs of towing and storage prior to redemption of the vehicle must file and keep on record with the local law enforcement agency a complete copy of the current rates to be charged for such services and post at the storage site an identical rate schedule and any written contracts with property owners, lessors, or persons in control of property which authorize such person or firm to remove vehicles as provided in this section. Such rate schedule shall conform to the rates established for impounded vehicles In section 121.27, Clearwater City Code. g. Any person or firm towing or removing any vehicles from private property without the consent of the owner or other legally authorized person in control of the vehicles shall, on any trucks or other vehicles used In the towing or removal, have clearly indicated, in at least 2-inch letters, such person's or firm's name, address, and telephone number on the driver and passenger side doors. h. Vehicle entry for the purpose of removing the vehicle shall be allowed with reasonable care on the part of the person or firm towing the vehicle. Such person or firm shall be liable for any damage occasioned to the vehicle If such entry is not In accordance with the standard of reasonable care. 1. When a vehicle has been towed or removed pursuant to this section, it must be released to Its owner or custodian within one-half hour after requested, or If the site is closed, then within one-half hour of the operator returning and operating the site. 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 which would release the person or firm towing the vehicle from liability for damages noted by the owner or other legally authorized person at the time of the redemption may be required from any vehicle owner, custodian, or agent as a condition of release of the vehicle to Its owner. 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 towing or storage charges at the time of payment, whether requested or not. This section does not apply to law enforcement, firefighturg, rescue squad; ambulance, or other emergency vehicles which are marked as such or to property owned by any governmental entity. . -3 Ord. 3561.84. 5-17-134 ¦ ?, "d{!a 'byr?+YSIL4"FK??'«"!?'rP?drlwe'•?"-'4'1F?:Jl? ? ? a"`""?? ? +.L??'?M. `r?L;tlly?? 34+.'Mt;y,?;,±?'Y.c :t"='S:r!<"?`1??? : s?f':'7i,,''x?v'4"`? i? ' ''=ti{ :??'J, ' v.4 ;•i i+ti.. ..??x3, bL .? v, '• ?`;' =S'4: -AX K,3.?v?:x,?.,,?i'.>...?`?:?S:.i. F•.; ?,.3: .?i ..n-::r''?,r.•"r.r f`:?.. ?;+?L'..-;s•.'."r. •:54'r,?:?v F?Et't??'Sti:?a °h°,:..,?. _:?L"t. ,.r?;?•_ ???- ..E?d' _E'..f•5,. .?,... ??3dS?.?2';.757.: f?? L• T I,: =r= a ? `iw? (d) When a person Improperly causes a vehicle to be removed, such person shall be liable to the owner or lessee of the vehicle for the cost of removal, transportation, and storage; any damages resulting from the removal, transportation, or storage of the vehicle; attorneys' fees; and court costs. In addition to the foregoing, any person who causes a vehicle to be towed in violation of the requirements of this section shall be guilty of a misdemeanor of the second degree, punishable as provided In Florida Statutes 775,082 and 775.083. Any owner or authorized driver of a vehicle towed in violation of this ordinance may seek the assistance of the police department In peaceably retaking such vehicle. No person shall obstruct a police officer, owner, or authorized driver from retaking a vehicle which Is being, or has been, improperly towed. Any occupational license issued to a person or company that tows any vehicle In violation of this section shall be revoked, and no such similar license shall be issued to any person or principal for a period of three years. Section 2. Chapter 121, Traffic and Motor Vehicles, is hereby amended to change Article III, Parking Meters, to Article IV, Parking Meters, and to change Article IV, Fines, Penalties and Procedures, to Article V, Fines, Penalties and Procedures. Section 3. Should any part or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof, other than the part declared to be Invalid. Section 4. All ordinances or parts of ordinances in conflict herewith are to the extent of such conflict hereby repealed. Section 5. Notice of the proposed enactment of this ordinance has been properly advertised in a newspaper of general circulation in accordance with Section 166.041, Florida Statutes. Section 6. The provisions of this ordinance shall take effect immediately upon its passage. PASSED ON FIRST READING AS AMENDED PASSED ON SECOND AND FINAL READING AND ADOPTED AS AMENDED Attests C ty Clee -4- Ord. 3561-84 _ April 19, 1984 3-17'-SG s r .y r ;! /a r!