§ 32-2. Regulation of wrecker operators who provide towing and storage services at the request of law enforcement officers.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Administration fee means the charge for researching and documenting the registered owner of a motor vehicle towed and stored by a wrecker operator.

Commercially manufactured wrecker means a tow truck that is:

(1)

Designed and constructed by a wrecker manufacturer which offers its wreckers for sale; or

(2)

Assembled by a business licensed and approved to assemble and certify wreckers according to manufacturer's specifications.

Motor vehicle or vehicle means any motor vehicle as described in Fla. Stat. § 320.01(1).

Notification fee means the charge for notifying a motor vehicle owner and any lienholders that a wrecker operator has towed and stored the motor vehicle.

Wrecker means a tow truck.

Wrecker operator means the individual, partnership, corporation or business entity engaged for hire in the recovery, towing, removal, or storage of wrecked, disabled, stolen or abandoned motor vehicles. For the purpose of this section, a hired driver or employee shall be governed by this section and shall be considered an agent of the wrecker operator.

(b)

Wrecker classification and required equipment.

(1)

Each tow truck owned or maintained by a wrecker operator shall be commercially manufactured and shall conform to all other requirements of this section. The requirements of this section are waived only for those wrecker operators with tow trucks that were purchased before the effective date of the ordinance from which this section is derived or which were under a binding contract to purchase entered into before the effective date of the ordinance from which this section is derived.

(2)

All tow trucks shall be equipped with a business-type communication radio or mobile telephone or cellular telephone. There shall be one (1) radio or phone for each truck. The equipment shall be licensed and approved by the Federal Communications Commission. The mobile radio or telephone shall enable the wrecker operator to communicate with his trucks within his usual area of operation. A citizens band radio does not meet the requirements of this subsection.

(3)

Specifications and required equipment shall be as follows:

a.

All wreckers (all classifications) shall include the following:

1.

A cradle, tow plate or tow sling to pick up motor vehicles. The cradle, tow plate or tow sling shall be equipped with safety chains and constructed in such a manner that it will not damage the motor vehicle to be towed.

2.

Dual rear wheels.

3.

Clearance and marker lights and all other equipment as required by Fla. Stat. ch. 316.

4.

A rotor-beam or strobe-type light, amber in color, mounted on the wrecker in such a manner that it can be seen from the front, rear, and both sides.

5.

The name, address and telephone number of the wrecker operator shall be painted or permanently affixed in a conspicuous place on both sides of the trucks.

6.

At least one (1) heavy-duty push broom with a minimum width of 24 inches.

7.

One (1) square shovel.

8.

One (1) ax.

9.

One (1) crowbar or prybar with a minimum length of 30 inches.

10.

Minimum of one (1) five-pound CO ₂ or dry chemical fire extinguisher or equivalent, must be approved type and have a current inspection tag attached.

11.

One (1) pair of bolt cutters with a minimum opening of one-half (½) inch.

12.

One (1) set of jumper cables.

13.

One (1) four-way lug wrench.

14.

One (1) flashlight.

15.

Five (5) 30-minute fuses.

16.

One (1) snatch block for each winch with manufacturer's rating to match winch.

17.

Extra towing chain six (6) to eight (8) feet in length with hooks.

18.

At least three (3) safety cones or triangle reflectors.

19.

Fifty (50) pounds of sand or petroleum absorbent.

b.

Class "A" wreckers (for the removal of cars and light duty trucks and vehicles weighing 10,000 pounds gross vehicle weight or less). Specifications and equipment in addition to the requirements outlined in Subsection (b)(3)a of this section, shall be as follows:

1.

A truck chassis with a manufacturer's rated capacity of at least 10,000 pounds gross vehicle weight. A complete, commercially manufactured boom and winch having a manufacturer's combined rating of at least four (4) tons must be mounted on the chassis. Hand crank winches do not satisfy these requirements and will not be approved.

2.

A minimum of 100 feet of three-eighths-inch ( 3/8 ") cable.

3.

Dollies.

4.

Floodlights on the hoist.

5.

Vehicles which are equipped with wheel lifts or the equivalent may also qualify as class "A" tow trucks so long as they are equipped with a boom and all other applicable requirements are met. Wheel lifts shall be rated at a minimum of 3,000 pounds lift capacity and must utilize wheel safety-straps when lifting vehicles by the wheels only.

6.

Wrecker operators who wish to remove cars and light trucks may have, in addition, a roll-back or slide-back carrier truck/trailer with specifications and the equipment as provided in Subsection (b)(3)c of this section.

c.

Class "A" roll-back or slide-back wreckers (for the removal of cars and light duty trucks and vehicles weighing 10,000 pounds gross vehicle weight or less). Specifications and equipment for roll-back or slide-back carriers in addition to the requirements outlined in Subsection (b)(3)a of this section shall include the following:

1.

A truck chassis with a manufacturer's rated capacity of at least 10,000 pounds gross vehicle weight with a minimum of a 16-foot bed, dual rear wheels and a winch with at least 8,000 pounds capacity.

2.

A minimum of 50 feet of three-eighths-inch ( 3/8 ") cable.

3.

A minimum of two (2) safety tiedown chains of at least ten (10) feet each in length.

4.

Two (2) floodlights mounted on the rear of the carrier.

5.

A roll-back or slide-back carrier trailer shall meet the following requirements:

(i)

A commercially manufactured carrier trailer with a rated capacity of at least 8,000 pounds gross vehicle weight with a minimum 16-foot bed. A winch with at least 8,000 pounds capacity.

(ii)

A minimum of 50 feet of three-eighths-inch ( 3/8 ") cable.

(iii)

Brakes and trailer lights which meet the minimum statutory requirements of Florida law.

(iv)

Safety chains.

(v)

Must be towed by and used in conjunction with an approved wrecker that meets or exceeds the class of the vehicle to be towed.

d.

Class "B" wreckers (for removal of medium duty trucks or vehicles weighing 20,000 pounds gross vehicle weight or less). Specifications and equipment in addition to the requirements outlined in Subsection (b)(3)a of this section, shall be as follows:

1.

A truck chassis with a manufacturer's rated capacity of at least 20,000 pounds gross vehicle weight. A complete, twin-winch, commercially manufactured boom and winches having a manufacturer's combined rating of at least ten (10) ton capacity mounted on the chassis.

2.

A minimum of 100 feet of at least one-half-inch (½") cable on each drum.

3.

One (1) set of scotch blocks for wheels or hydraulic rear-extendable scotch blocks.

4.

Floodlights on the hoist.

e.

Class "C" wreckers (for removal of heavy duty trucks, house trailers, buses, etc., weighing over 20,000 pounds gross vehicle weight). Specifications and equipment in addition to the requirements outlined in Subsection (b)(3)a of this section, shall be as follows:

1.

A truck chassis with a manufacturer's rated capacity of at least 30,000 pounds gross vehicle weight and 30,000 pounds gross vehicle weight for tandem axle trucks. A complete, twin-winch, commercially manufactured boom and winches having a manufacturer's combined rating of at least 25-ton capacity mounted on the chassis.

2.

A minimum of 200 feet of at least five-eighths-inch ( 5/8 ") cable on each drum.

3.

Air brakes so constructed as to lock the rear wheels automatically upon failure.

4.

External air hookup and hoses, to supply air to disabled vehicles.

5.

One (1) set of scotch blocks for wheels or hydraulic rear-extendable scotch blocks.

6.

Floodlights on the hoist.

(4)

In the event that the wrecker operator removes wrecked or disabled vehicles on a rotation basis for the Florida Highway Patrol (FHP) or the Monroe County Sheriff's Department and any of those entities have mandatory equipment requirements in conflict with the requirements of this section, and failure to comply with the FHP or County requirements would result in the wrecker operator being removed from the FHP or County rotation list, the wrecker operator may comply with the FHP or County requirements, but only to the extent of the conflict, without violating the terms of this section.

(5)

This subsection only applies to wrecker operators providing towing services to law enforcement agencies.

(c)

Insurance requirements. No person shall for compensation recover, tow, or remove a motor vehicle or provide motor vehicle storage or otherwise function as a wrecker operator until that person maintains in effect an insurance policy or policies which shall insure that person for its liability at a minimum:

(1)

For each tow truck, combined single limit of $300,000.00;

(2)

For garage keeper's liability, in an amount not less than $50,000.00 for each loss covering perils of fire and explosion, theft of a motor vehicle and parts or contents, riot and civil commotion, vandalism, malicious mischief, and for on-hook protection.

(d)

Rates.

(1)

For the removal and storage of wrecked or disabled motor vehicles or for the removal and storage of abandoned motor vehicles at the request of a law enforcement officer, the maximum rate that may be charged by a wrecker operator is:

Class "A" wrecker service
Base rate (any time a wrecker is called to a site)		$135.00
Mileage rate from wrecker station to site and return (per mile)		3.00
Per hour charge beginning upon arrival of wrecker		135.00
Inside storage (per day)		40.00
Outside storage (per day)
	Under 20 feet	30.00
	Price by foot over 20 feet (per foot)	2.00
Administration fee		25.00
Notification fee		50.00
	Each additional letter	20.00
Service calls		75.00
After hours gate fee		75.00
Class "B" wrecker service
Base rate (any time a wrecker is called to a site)		$200.00
Mileage rate from wrecker station to site and return (per mile)		4.00
Per hour charge beginning upon arrival of wrecker		180.00
Inside storage (per day)		40.00
Outside storage (per day)
	Under 20 feet	30.00
	Price by foot over 20 feet (per foot)	2.00
Administration fee		25.00
Notification fee		50.00
	Each additional letter	20.00
Service calls		75.00
After hours gate fee		75.00
Class "C" wrecker service
Base rate (any time a wrecker is called to a site)		$485.00
Mileage rate from wrecker station to site and return (per mile)		5.00
Per hour charge beginning upon arrival of wrecker		300.00
Inside storage (per day)		40.00
Outside storage (per day)
	Under 20 feet	30.00
	Price by foot over 20 feet (per foot)	2.00
Administration fee		25.00
Notification fee		50.00
	Each additional letter	20.00
Service calls		75.00
After hours gate fee		75.00

 

The daily storage rate must be prorated in six (6) hour increments when the vehicle is retrieved by the owner or his agent. The notification fee may only be charged when notice is sent by the wrecker operator to the motor vehicle owner and any lienholder. In the event a law enforcement officer needs a tow truck for a towable violation, and once the towing service has been requested by the officer at the violation site and the operator has advised the officer that he is en route to the request, should the owner or driver of the motor vehicle in violation return to the vehicle site before the wrecker operator has arrived at the motor vehicle, or before the wrecker operator has departed with the vehicle, and upon the officer's authorization to release the vehicle to the owner or driver then the owner or driver of the vehicle shall pay a charge of not more than one-half (½) of the maximum rate for the class of towing service called for

(2)

The provisions of this Subsection (d) only apply to the rates charged for towing and storage service called for at the request of a law enforcement officer. In all other situations the provisions of this Subsection (d) do not apply and the parties may negotiate prices and rates as in other ordinary service contracts.

(3)

Every wrecker operator shall conspicuously display at his place of business the maximum charges which he may impose for the towing and storage services covered by this subsection.

(e)

Storage facilities .

(1)

Wrecker operators shall provide storage facilities, which shall be maintained at the wrecker operator's place of business. These facilities must be fenced and locked for the protection of vehicles and property.

(2)

The wrecker operator shall provide storage for all impounded/towed vehicles in an outside storage area unless the impounding law enforcement officer gives specific written instructions for inside storage. If required for investigative purposes, the wrecker operator shall move the vehicle to a designated area for processing prior to storage. In such instance, the law enforcement agency will not authorize release of the vehicle until all outstanding charges by the wrecker operator, as authorized by this section, have been satisfied.

(3)

The wrecker operator shall not change the type of storage facility (inside or outside) afforded a vehicle without written permission from the district captain or other officer in charge. The wrecker operator shall not change the storage facility location without first obtaining written permission from the district captain or other officer in charge.

(4)

The storage facility must be owned or leased solely by the wrecker operator and vehicles stored by the wrecker operator must be separately fenced and locked.

(5)

The registered owner of a vehicle or the owner's representatives or owner's insurance adjusters, upon proper identification, shall be permitted to inspect or photograph stored vehicles during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. The wrecker operator shall not require the owner, adjuster or representative to pay any fee in order to inspect or photograph the stored vehicle.

(6)

All fencing shall be chainlink or solid-wall type and at least six (6) feet in height where permissible under land use regulations of the City to discourage theft of any vehicle or any property being stored inside. All storage facilities shall be illuminated with lighting of sufficient intensity to reveal persons and vehicles at a distance of at least 150 feet during nighttime.

(7)

Permanent inside storage facilities must be available for 24-hour storage when weather or other conditions require inside storage for the protection of the vehicle or personal property. A lean-to, tent or shed does not meet the requirements of this section. Inside storage must be within a weather-tight building.

(8)

A minimum of 25 storage spaces with three (3) inside storage spaces must be available. Wrecker operators who have been on a rotation system for the Florida Highway Patrol or the Monroe County Sheriff's Department for six (6) months prior to the effective date of this rule may continue on the list without regard to the minimum storage spaces required herein, so long as all other applicable provisions of these rules are met. Service bays or repair bays do not qualify as inside storage, nor does any area that is utilized for any activity other than serving as a permanent inside storage area, when vehicles are actually stored inside at the request of a law enforcement agency or the owner of a vehicle.

(9)

Wrecker operators shall comply with hold orders placed by the law enforcement agency, including any instructions for inside or outside storage. Vehicles involved in a fatality and sealed by the traffic homicide investigator shall remain intact until the seals are removed by the investigator. No property of any kind shall be released to anyone without authority of the homicide investigator. If no fatality occurred, then the wrecker operator may release the vehicle and the property upon valid proof of ownership once the hold is released.

(10)

A copy of an inventory prepared by the law enforcement agency, of all personal property found in a wrecked, disabled or abandoned vehicle shall be provided to the wrecker operator. The wrecker operator shall permit the removal of such property by the vehicle owner or his agent from a stored vehicle during normal business hours without charge. The agent's authority shall be evidenced by a writing acknowledged by the owner before a notary public or other person empowered by law to administer oaths. A signed receipt for each article removed by the owner or his agency shall be obtained. The term "personal property" shall be defined as any item not affixed to the vehicle that was in the vehicle at the time of the tow. In the case of vehicles stored where no "hold order" has been placed, the wrecker operator will directly release any vehicle upon presentation of proper proof of identification and ownership. If these conditions cannot be met due to unusual or extraordinary circumstances, the vehicle will be released only upon authorization obtained from the law enforcement agency.

(11)

Wrecker operators handling the initial tow shall exercise reasonable care and control of parts and contents located in vehicles while under their protection or while in storage.

(12)

During the hours from 8:00 a.m. to 5:00 p.m., Monday through Friday, wrecker operators will provide adequate staffing at the storage facility so that personal property may be removed from the vehicle or the vehicle itself may be released without undue delay.

(13)

Should it become necessary that personal property be removed from a vehicle or a vehicle be released when the storage facility is not staffed, the wrecker operator will be required to do so and will be allowed to charge a reasonable fee.

(f)

Jurisdiction. The provisions of this section shall apply to all wrecker operators providing towing and the removal of motor vehicle service and motor vehicle storage, at the request of a law enforcement officer. The provisions of this section apply only to nonconsensual removal of vehicles.

(g)

Registration of wrecker operator; right to operate within the corporate limits of the City of Marathon, Florida.

(1)

All wrecker operators as defined herein must be registered with the City of Marathon, Florida, in order to legally operate within the corporate limits of the City.

(2)

Wrecker operators of all wrecker classifications performing nonconsent towing within the corporate limits of the City of Marathon shall register with the City Clerk on an annual basis subject to a registration fee of $100.00. Failure to renew prior to expiration will result in a $250.00 fee.

(h)

Operation of wrecker operator on private property.

(1)

Wrecker operators must register all private properties posted as identified in Fla. Stat. § 715.07(2)(a)5 with the City Clerk prior to the placement of signage identified therein. Said registration shall include letter from the property owner or person authorized by the property owner or lessee indicating that said posting has been requested and approved by the property owner. Such letter must be either notarized or signed by the property owner or authorized person in the presence of two (2) witnesses.

(2)

If posted notice subject to Fla. Stat. § 715.07(2)(a)5 is removed for any reason by the wrecker operator, the City Clerk shall be notified within 15 days of the removal.

(3)

Wrecker operators must have access to a properly zoned storage yard for all vehicles towed. Upon registration by the wrecker operator, the City shall inspect such storage yard to assure compliance with the Code.

(4)

In no event shall a vehicle towed within the City of Marathon be taken to a facility greater than 13 miles from the location from which the vehicle was towed.

(i)

Owners or operators of vehicle present.

(1)

In the event that the owner or operator of a vehicle is present when a wrecker operator arrives to tow, the wrecker operator shall give a verbal warning and five (5) minutes for the owner or operator of the vehicle to remove the vehicle from the property before initiating the tow.

In no event shall a wrecker operator initiate a tow when the owner or operator of the vehicle in question is present or in the vehicle.

(j)

Property owner, person authorized by the property owner, or lessee presence required.

(1)

The property owner, person authorized by the property owner, or lessee must be present to authorize all tows initiated by a wrecker operator.

(2)

The property owner's authorized representative shall not have any interest in nor be affiliated with the wrecker operator towing the vehicle from the property owner's property.

(k)

Fees.

(1)

No wrecker operator may charge any fee for the towing of a vehicle in excess of the fees established by resolution of the Marathon City Council for wrecker services. Notwithstanding the foregoing, the fee shall be determined by the class of the vehicle towed not the size of the wrecker utilized to tow the vehicle.

(2)

In no event shall a wrecker operator charge the owner of a vehicle for waiting time or labor.

(l)

Penalties.

(1)

Failure of a wrecker operator as defined herein to register with the City of Marathon, Florida, as identified in Subsection 32-2 (g) above, is subject to the loss of the privilege to operate within the corporate limits of the City for a period of up to one (1) year, at the discretion of the City Manager and subject to appeal to the City Council.

(2)

Failure of a wrecker operator to operate within the City of Marathon as required Section 32-2 is subject to loss of registered status for a period of up to one (1) year at the discretion of the City Manager and subject to appeal to the City Council.

(3)

Any violation of this section or applicable Florida law shall result in the refund of any towing charge collected from the owner of an improperly towed vehicle.

(Code 1999, § 11-7; Ord. No. 2006-32, §§ 2—7, 11-28-2006; Ord. No. 2012-04, § 2, 5-24-2012; Ord. No. 2014-13, § 2, 9-9-2014)