HomeMy WebLinkAboutO-2024-006 Amending Chap. 20 Art. IV -Wrecker and Towing ServicesORDINANCE NO. 2024-rQ.p
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 TOW TRUCK LIST
REQUIREMENTS AND LOCATION OF THE GARAGE TO WITHIN THE CITY
LIMITS OF DANIA BEACH; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY;FURTHER,PROVIDINGFORANEFFECTIVEDATE.
WHEREAS , the City Commission desires to update the list of providers for tow truck
services to provide for a main provider and a backup list of providers for as needed services; 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, Alticle
IV, entitled "Wrecker and Towing Services, is amended to read as follows:
* * *
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 City and shall call
only those wrecker or towing services on such approved list. The City shall maintain a main tow
truck provider. A back up tow truck provider may be utilized when the main provider is
unavailable or lacks the equipment to prov ide services, provided the tow truck provider complies
with all the requirements of Section 20-49.
Sec. 20-48. -Reserved. Cells to be rotated on list.
As to wrecker or towing services v1hich 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 city manager shall approve to be placed on such list a wrecker or towing service which
meets the following qualificatio_ns:
(a) Complies with all State (F.S. Ch. 715) and Broward County requirements (Broward County
Ordinances, Chapter 20, Section 176, et seq.).
(b) The owner or president of the commercial wrecker service must have a commercial garage
located within the jurisdiction of the City ten ( 10) miles of the city's jurisdictional limits ,
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
garage.
* * *
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 10 days after passage on second
reading.
PASSED on first reading on f{)()Vl,lll0j 2, l , 2024.
PASSED AND ADOPTED on second reading on \V1tt,(@ \ 2, 2024.
First Readin~ _
Motion by: U ff'f<'\ bS \(J)jf Jctnit,~
Second by: \) ,L<... MlY4CX le,v.Je,\\.tn
Second Reading:
Motion by: Qmmi,'.S;Sic X1£-C .James (' . D . Second by:P1m m1 SSiCn.e(t;J \/1 5,
FINAL VOTE ON ADOPTION:
Commissioner Joyce L. Davis
Commissioner Tamara James
Commissioner Marco Salvino
Unanimous
No
2 ORDINANCE #2024-C{j.o
Vice Mayor Lori Lewellen
Mayor Archibald J. Ryan IV 7
APPROVE D AS TO FORM AND CORRECTNESS:
3 ORDINANCE #2 024 -@