Introduced by the Council President at the Request of the Mayor s5

1Introduced by Council President Davis: 2

3 ORDINANCE 2008-166 4 AN ORDINANCE AMENDING CHAPTER 230 (WRECKERS), 5 ORDINANCE CODE; AMENDING CHAPTER 804 6 (JACKSONVILLE TRAFFIC CODE), ORDINANCE CODE; 7 EXERCISING COUNTY POWERS; PROVIDING AN 8 EFFECTIVE DATE. 9

10 BE IT ORDAINED by the Council of the City of Jacksonville: 11 Section 1. Chapter 230. (Wreckers), Ordinance Code, is 12amended to read as follows: 13 CHAPTER. 230. WRECKERS. 14 Sec. 230.101. Firm name required on wrecker trucks. 15 (a) It shall be unlawful and a class A D offense for any 16person, firm or corporation to operate or cause to be operated a 17wrecker truck or trucks on the streets of the city in connection 18with any business, trade, occupation or profession for which a city 19license is required without having permanently imprinted or marked 20in a conspicuous place in clearly legible letters not less than 21four inches in height on each side of such truck or trucks the 22name, business address and telephone number of such person, firm or 23corporation. All wrecker trucks operated within the city shall be 24so imprinted, painted or marked by July 1, 1975. 25 (b) It shall be unlawful and a class A D offense for any 26person, firm or corporation to operate or cause to be operated a 27wrecker truck on the streets of the city with the permanently 28imprinted firm name, address and telephone number covered, obscured 29or made illegible in any way. 30 * * *

2 1 Sec. 230.102. Wreckers required to register with Sheriff. 2 All persons owning or operating one or more wrecker trucks on 3the streets of the city shall annually register them their towing 4vehicle and/or wrecker trucks with the Office of the Sheriff, in 5such form as the Sheriff may require. The Sheriff, or his designee, 6shall assign a renewable registration number for each such wrecker 7truck registered, and this number shall be permanently and 8prominently displayed on each side of the wrecker truck in the same 9manner as required in section 230.101(a) for the name, business 10address and telephone number of the operator or owner thereof. The 11initial fee for wrecker company registration shall be $300. Each 12wrecker company shall pay an annual $100 renewal fee before an 13inspection sticker can be issued. In addition to the company 14registration fee, an An annual registration fee of twenty-five 15dollars shall be charged for each tow vehicle and/or wrecker truck 16registered. Failure to register trucks or companies with the 17Office of the Sheriff is unlawful and a class D offense for any 18person. 19 Section 2. Chapter 804. (Jacksonville Traffic Code), Ordinance 20Code, is amended to read as follows: 21 CHAPTER 804. JACKSONVILLE TRAFFIC CODE 22 * * * 23 PART 12. WRECKER FACILITIES AND CHARGES. 24 * * * 25 Sec. 804.1202. Application for rotating wrecker call list; 26fees and grounds for removal from rotating wrecker call list. 27 (a) All wrecker and towing firms, companies or corporations 28licensed to conduct business within the City may apply annually on 29or before October 1 for a listing by the Sheriff's Office on the 30rotating wrecker call list. A fee of $100 shall accompany the 31application, renewable annually, together with an annual permit fee 1 2 1of $25 for each wrecker. Each wrecker and towing firm approved for 2the rotating wrecker call list shall be charged a flat fee of $10 3$15 for each vehicle towed at the request of the Sheriff's Office. 4All of these fees and charges shall be utilized by the Sheriff's 5Office to administer this Part. The Sheriff's Office shall 6promulgate guidelines for qualifications to be on the rotating 7wrecker call list, so as to protect the public interest. Qualified 8applicants may be placed on the rotating wrecker call list, at the 9discretion of the Sheriff. The Sheriff is authorized to limit the 10number of wrecker and towing firms, companies, or corporations 11authorized to conduct business within each zone established by the 12Sheriff. 13 * * * 14 (e) In the event the Sheriff's Office receives two verified 15complaints within any six-month period that a wrecker and towing 16firm on the wrecker call list has failed to comply with the notice 17provisions set forth in Section 804.1107, then such wrecker or 18towing firm shall may be removed from the rotating wrecker call 19list for a one-year period. Upon the expiration of this removal 20period, the wrecker or towing firm shall be required to pay an 21additional fee of $150 $300 to reapply for the rotating wrecker 22call list. This fee shall be in addition to the annual fee required 23herein. 24 Sec. 804.1203. Wrecker rates. 25 The Sheriff may divide the City into towing zones to 26facilitate the fixing of wrecker rates in the City reserves the 27right to alter towing zone boundaries at the Sheriff’s discretion 28based upon the Sheriff’s understanding of the then-current traffic, 29business, and other demographic needs. 30 Sec. 804.1204. Towing, other services and storage charges; 31notice by the Sheriff. 1 3 1 * * * 2 (e) Class C Wrecker: 3 (1) Two and one-half ton trucks and up, semis, buses, 4 mobile homes, and similar vehicle types -- $220.08 $375.00 per 5 hour (no mileage charge). Time starts when wrecker leaves the 6 shop; time ends when tow recovery is finished and wrecker 7 returns to shop and is parked. 8 * * * 9 (g) Administrative Fees: 10 (1) Towing A towing firm may, after the first 96 72 11 hours, charge an administrative fee not to exceed $27.51 12 $60.00 for actual documented costs associated with notice 13 advertising and with research for and mailing of certified 14 notices to registered owners and lien holders of record as 15 required by F.S. § 713.78(3). 16 (2) Towing A towing firm may charge a fee for auction 17 expenses as permitted by state law. 18 (3) Towing A towing firm may charge a Non-business non- 19 business hours (8:00 p.m. through 7:00 a.m., seven days per 20 week) access fee of $49.52 per visit. However, access no such 21 fee shall be charged for recovery of prescription medication 22 or prescription glasses, child car seats, oxygen tanks or any 23 type of medical equipment or life necessity items. No access 24 fee shall be charged when complete payment is tendered for a 25 vehicle being retrieved shall be at no charge. 26 (h) Crash Wrap Fee. A towing firm may charge a crash 27wrap fee in the amount of $25.00 for vehicles which without the 28wrap cannot be sealed from water. 29 (i) Internet Research Fee. A towing firm may charge actual 30costs, up to $5.00, for internet research fee per vehicle, but only

1 4 1when such research is necessary for notification. This amount is 2in addition to the administrative fee. 3 Sec. 804.1205. Sheriff's authorization to adjust rates. 4 Effective October 1, 2005, and every October 1 thereafter, the 5Sheriff is authorized to adjust the rate for rotating wrecker call 6list vehicle charges, towing and other services and storage 7charges, upward or downward, by an amount equal to the percentage 8change in the Consumer Price Index for the most current June to 9June 12-month period immediately preceding the adjustment, 10utilizing the Average of All Items (1982-84=100), U.S. City 11Average, All Urban Consumers, as published by the U.S. Department 12of Labor, Bureau of Statistics (the CPI). The rate will be adjusted 13by the Sheriff with notice to the City Council through the Council 14Secretary's Office and will be effective on October 1 of each 15fiscal year hereafter. 16 Sec. 804.1206. Authority to Suspend. The Sheriff’s Office 17shall have the authority to suspend wreckers from the TOL list. 18The Sheriff’s Office shall promulgate rules and procedures for 19suspension. 20 PART 13. TOWING ON PRIVATE PROPERTY. 21 Sec. 804.1301. Definitions. 22 * * * 23 (g) Contract towing is defined as a situation where a 24contract between a property owner and a towing service exists, and 25the contracted towing service subsequently subcontracts for special 26equipment and/or an operator to aid in the removal of any vehicle, 27boat, truck or piece of equipment from the subject property. Any 28vehicle, boat, truck or piece of equipment towed under such a 29subcontract must be invoiced and stored by the towing service that 30has the contract with the property owner, and must be stored at the

1 5 1location noted on the Tow-away signs posted on the subject 2property. 3 * * * 4 Sec. 804.1303. Prerequisites to trespass towing from private 5property. 6 (a) Prior to the trespass towing of any vehicle, the property 7owner of the real property and the towing service shall have 8executed a written agreement which shall at a minimum contain the 9following provisions: 10 * * * 11 (6) An enumerated list of all current fees set by the 12 City to be charged to either the property owner or vehicle 13 owner/operator; 14 (7) The address and description of the location where 15 the vehicle will be towed/stored with verification that the 16 storage site is authorized under Sections 656.322 and 656.323, 17 Ordinance Code, as may be amended from time to time. Said 18 storage site shall not be located within ten miles a ten mile 19 radius from where the tow originates; and 20 (8) The signature of both the property owner and the 21 owner, or an authorized representative of the towing service, 22 certifying that each has read and is in compliance with the 23 provisions of F.S. § 715.07 and the provisions of this 24 Chapter. The property owner, or an authorized representative 25 or agent thereof must be present at the time of towing and 26 must sign the authorization at that time. For the purposes of 27 this subsection, no person employed by, or affiliated with the 28 towing service may act as the property owner’s representative 29 or agent. No pre-approved blank forms or post-approved blank 30 forms are permitted, and use of same shall constitute a 31 violation under this chapter. 1 6 1 (9) A Tow-away sign must provide only one name, address, 2 and current telephone number of the person or firm authorized 3 to tow from that location. The vehicle shall only be towed to 4 the address posted on the sign. Signs shall be posted within 5 a 10 miles radius from the posted address of the tow business 6 and or lot to which the subject vehicle could be towed. 7 The above requirement of a written agreement shall not apply 8to the removal of vehicles from property appurtenant to and 9obviously part of a single-family residence or where the vehicle is 10parked in such a way as to obstruct access to private entrances, 11exits, drives or loading areas. 12 (b) Prior to the trespass towing of any vehicle, a copy of 13the executed agreement described in paragraph (1) above, shall be 14filed by the towing service with the Jacksonville Sheriff's Office 15Vehicle Storage and Recovery Unit. Said agreements shall be 16nontransferable. The towing service shall be responsible for 17advising the Jacksonville Sheriff's Office Vehicle Storage and 18Recovery Unit within two (2) business days of any changes, 19amendments, or modifications to, or rescissions of, these 20agreements. 21 * * * 22 (m) No towing service shall tow a vehicle located within 23Duval County out of Duval County. 24 (n) Each towing service shall keep a company daily updated 25universal log of all vehicles brought to their storage lot with 26date and time of tow, case number, badge number, vehicle 27identification number, year, make, model, color, tag number, date 28released and who the vehicle was released to. This log shall be 29kept at the storage lot for review at any time and shall be 30retained at the storage property for a period of not less than 31three years. In addition to the company’s universal log of all 1 7 1tows, each truck shall keep a log with the year, make, model, VIN, 2location towed from and location towed to for every vehicle towed. 3Such log shall be completed prior to every tow and shall be 4available for inspection at anytime. 5 (o) All towing services that perform trespass towing from 6private property must have on record a Zoning Certificate Form from 7the City’s zoning office listing their storage yard as a permitted 8use, and shall file a copy with the Jacksonville Sheriff’s Office. 9 * * * 10 Sec. 804.1305. Return of owner prior to tow. 11 * * * 12 (b) The vehicle has already been connected to the towing or 13removal apparatus and the registered owner or other person in 14control of the vehicle refuses to pay a service fee of not more 15than one-half of the rate contained herein for such towing service 16for Class B and C wreckers. The tow truck or wrecker operator shall 17wait a minimum of ten thirty minutes to allow the vehicle's owner 18or operator to secure cash for the payment of the fees enumerated 19herein if cash is required by the tow truck or wrecker driver. 20 Sec. 804.1306. Establishment of rates. 21 (a) The maximum rates for towing a vehicle or for the 22storage of a towed vehicle when the point of origin of the tow is 23within the City limits of the City shall be as follows: 24 * * * 25 (3) Class C vehicles: 26 Towing of vehicles with a gross vehicle weight of 27 more than 19,500 pounds (which are upright and in a 28 towable condition), per hour, no mileage charges . . . 29 $220.08 $375.00 30 * * *

1 8 1 (b) Non-business hours (8:00 p.m. through 7:00 a.m., seven 2days per week) access fee of $49.52 per visit. However, access for 3the recovery of prescription medication or prescription glasses, 4child car seats, oxygen tanks and any type of medical equipment or 5life necessity items, or to pay for and retrieve the vehicle, shall 6be at no charge. 7 (c) The maximum rates established in paragraph (1) above 8shall be a flat fee which shall be all inclusive and, by way of 9illustration, no additional charges shall be made for: 10 (1) Any fees for special equipment or services such as 11 double hook up, vehicle entry when locked, dropping 12 transmission linkage, axle or drive shaft removal, dollies, 13 trailer or flat bed, lifts, slim jims, go jacks, removing 14 bumpers, airing up brakes, and mileage; 15 (2) Time spent at the scene of the tow; or 16 (3) Storage for the first six hours. 17 No other fees of whatever kind may be charged for services 18rendered during the first 96 72 hours that the vehicle is in the 19possession of the towing service, beginning from the time the 20vehicle is delivered to the storage facility. Storage fees as set 21forth above may be assessed after the initial six-hour period based 22on a 24-hour day, each day starting at 12:01 a.m. the time of 23impound. An administrative fee of $27.51 not to exceed $60.00 24actual documented costs may be charged after the first 96 72 25hours so long as the towing service has actually complied with the 26requirements of F.S. § 713.78 for actual documented costs, 27including execution and mailing of the lien notice. 28 (d) Crash Wrap Fee. A towing firm may charge a crash 29wrap fee in the amount of $25.00 for vehicles which without the 30wrap cannot be sealed from water.

1 9 1 (e) Internet Research Fee. A towing firm may charge actual 2cost, up to $5.00, for internet research per vehicle, but only when 3such research is necessary. This amount is in addition to the 4administrative fee. 5 * * * 6 Sec. 804.1309. Violations and fines. 7 The violation of any provision of this Chapter shall be 8unlawful and a class D offense. 9 Section 2. Exercise of County Powers. This ordinance is 10enacted by the Council exercising its power as the governing body 11of Duval County, Florida, under Section 3.01, of the Charter of the 12City of Jacksonville. 13 Section 3. Effective. This Ordinance shall become 14effective upon signature by the Mayor or upon becoming effective 15without the Mayor’s signature. 16 17 18Form Approved: 19

20____/s/ Margaret M. Sidman______21Office of General Counsel 22Legislation Prepared By: Margaret M. Sidman

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