HomeMy WebLinkAboutO-2021-015 Amending Article IV Wrecker and Towing Services of Chapter 20 PoliceORDINANCE NO. 2021-015
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 20, ENTITLED "POLICE" OF THE
CITY'S CODE OF ORDINANCES, ARTICLE IV, ENTITLED "WRECKER AND
TOWING SERVICES," TO AMEND AND UPDATE THE TOWING CODE
REQUIREMENTS TO BE CONSISTENT WITH STATE AND COUNTY
REQUIREMENTS; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City's towing code was adopted on October 12, 1976 and many of the
provisions have been superseded due to changes in state and county requirements; and
WHEREAS, the City seeks to update its wrecker and towing service requirements to be
consistent with Florida Statutes Chapter 715 and Broward County requirements under Broward
County Ordinances, Chapter 20, Section 176, et. seq., relating to wrecker and towing requirements;
and
WHEREAS, the State and Broward rules address all insurance requirements, and all
minimum requirements for towing and wrecker vehicles; and
WHEREAS, in order to ensure options to the residents of the City as to towing providers,
consistent with state law, the City is allowing towing and wrecker companies to have a storage lot
within ten (10) miles of the municipal limits, rather than requiring the towing lot to be located within
City limits; and
WHEREAS, the City is codifying the requirement that the wrecker and towing services are
required to pick up and remove crash or accident debris from the right-of-way when picking up and
moving a vehicle from the public rights -of -way to a towing lot; and
WHEREAS, the City Commission conducted a duly noticed public hearing in
accordance with law; and
WHEREAS, the City Commission finds that the approval of the proposed ordinance will
protect the public health, safety, and welfare of the residents of the City;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the preceding "WHEREAS" clauses are ratified and incorporated as a
record of the legislative intent of this Ordinance.
Section 2. That Chapter 20, entitled "Police," of the City's Code of Ordinances, Article
IV, entitled "Wrecker and Towing Services, is amended to read as follows:
ARTICLE IV. ARTICLE IV. - WRECKER AND TOWING SERVICES
Sec. 20-47. - Police to maintain list, use only listed operators.
The police department shall maintain a rotation list with respect to the calling of wrecker or
towing services as to traffic accidents or other towing requirements within the Ceity and shall
call only those wrecker or towing services on such approved list.
Sec. 20-48. - Calls to be rotated on list.
As to wrecker or towing services which are on the approved list, the chief of police is directed
to adopt a plan so that the calls are rotated on an even and equitable basis among the eligible
services on such approved list.
Sec. 20-49. - Qualifications to be listed.
The Ceity Nhnanager shall approve to be placed on such list a wrecker or towing service
which meets the following qualifications:
(a) Complies with all State (Fla. Stat. Chqpter 715) and Broward Coqpty requirements
(Broward Cojmjy Ordinances, Chqpter 20, Section 176, et. seq). The-&�, �' �
representative of sueh eonunereial �Yffeeker- seizviee must be physieally available withi-n
the limits of the eity on a daily basis.
(b) The owner or president of the commercial wrecker service must have a commercial
garage located within ten (10) miles of the Cily's jurisdictional limits in the eity, with
such garage having a sufficient enclosed storage area, with a chain link fence constituting
a sufficient enclosure, to store at least eighty (80) wrecked motor vehicles and at least six
(6) indoor storage stalls with all of such storage area being contiguous to the &aid garage.
(e) _The oy,%er- or pr-esident n+ust evim within the eity limits the site of his gar -age or- -'Weeke
ser-viee, ineluding the area where the star -age area is loeated, in fee simple.
(c) All tow trucks shall have the following equipment:
(1) The name of the establishment must be lettered in a professional manner on both
sides of the vehicles (magnetic sign shall not be acceptable).
(2) There shall be a rotor beam type light mounted on top of the wrecker in such a
manner that it can be seen from the front, rear and both sides. This light shall be
amber in color and shall not be in operation when a wrecker has been dispatched on
a tow call. The rotating amber light will be used at the scene of the tow and while
towing the vehicle back to a compound. No tow vehicle will be equipped with a siren.
(3) Amber lights shall be installed on the front of the wrecker, with amber reflectors
on the front sides.
(4) Red lights and red reflectors shall be installed on the rear and rear sides.
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(5) Dollies.
(6) At least one heavy duty push broom and shovel.
(7) Flood lights on hoist.
(8) One axe.
(9) One crowbar or prybar.
(10) Minimum of one four -pound CO 2 fire extinguisher or equal.
(11) One pair of blot cutters.
(12) One set of jumper cables.
(13) One four-way lug wrench.
(14) One flashlight.
(15) One set of red reflectors.
(16) One set of three portable reflectors.
(17) Five (5) thirty minute fuses.
(18) Two (2) red flags at least one foot by one foot.
(d) 3&eeker-s will be elassified as follows! Jowing classes shall be regulated under
Broward Coppty Code Choter 20, Section 176, at 20-176.12.
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3 ORDINANCE #2021-015
fl. Double
independefAiy
g. Dual
Class "C"
booms
te
Eaeh boom to eper-a
so eenstmeted
er- j eipAly.
house
as pemit
tfailers, buses,
splittings.
h&ve the fellowing
wheels.
(3)
qipmenf.
semitrueks,
ete.,
shall
Tow have
not less than t-'Vent-Y
a. 4uek sha4l a minimum manufaetur-er-
five thousand (25,000) pounds GVW-.
b. Boom eapaeity of not less than fifteen
Power-
eapaeity of
(15) tons.
less than twenty five (25) tons.
e. wineh pulling eapaeity of not
d. Double booms te
beem to operat-e
eonstfueted pefmit
independetA y or-joiiAly.
Minimum hundr-ed feet
separ-a4ing; eaeh
least ineh eable.
e. of two (200)
f Air-br-akes to leek
of at nine six4eenth
failufe of
so eens4ueted as
same.
Gfadle tow to
all wheels atAomafieally upon
Gr-adle tow to
g. plate or- tow sling
. . pped with safety ehain.
h. Dual wheels.
piek up vehieles. plate
(f) The �offeeker- serviee ovmer- shall own, lease, or- have a suffieiei4 fmffiber- of elass "A",
"B" and "C" Nweeker-s available to his use so that he may respond to tow ealls ftem the
eity poliee departmefft or- other- depaFtments �A44iin thifty (30) minutes, and ferthwi
pr-eeeed to remove any type of vehiele or- vehieles fmfem the streets or- pr-epefty of the eity,
(d) The wrecker service owner shall meet all the requirements of the Florida Highway Patrol
and the Florida Statutes in rendering service as required.
(e) All towing vehicles used shall be equipped with two-way radio communication system.
The communication system shall be between the towing company's base station and all
tow and service trucks utilized in providing police andAw city towing services.
(f) The service shall maintain, in favor of the city, such liability insurance as the city
manager shall find necessary, taking into consideration the volume and type of services
performed pursuant to this article by the service.
(g) The enclosed storage areas required in subsection (b) above shall be under the personal
control at all times of an employee of the service or shall be securely locked, providing
in any event that service shall be available to the public for inspection or retrieval of
motor vehicles between the hours of 9:00 a.m. and 5:00 p.m. on each day, Monday
through Saturday, excepting legal holidays as defined by the laws of the state of Florida.
(h) Operators of wreckers and towing vehicles utilized at accidents or picking up vehicles
from the public rijzhts-of-�yqy shall be required to clean up the roadwqy of accident debris
before transferring the vehicle(s) from the right-of-wgy to a storage lot.
Sees. 20-50-20-70. - Reserved.
4 ORDINANCE #2021-015
Section 3. That if any section, clause, sentence or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 4. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed to the extent of such conflict.
Section 5. That this Ordinance shall be effective immediately upon its passage and
adoption on second reading.
PASSED on first reading on April 27, 202 1.
PASSED AND ADOPTED on second reading on May 11, 2021.
ATTEST:
ViAY14-g Vi" V #W' a '
THOMAS SCHNEIDER, CNiC- '
CITY CLERK 191.
'bi Is
APPROVED AS W FORM AND CORRECTNESS:
THOM'A0. AtSWRO
CITY ATTORNEY
TAMARA JAMES
MAYOR
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5 ORDINANCE #2021-015