Definitions

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

Administration. The police department is the division of Miami city government or its successor responsible for administering all licenses pursuant to this article.

Authorized wrecker operator means any wrecker operator or business enterprise who has been designated as part of the city's wrecker operator system by entering into a valid and current agreement with the city and assigned a zone for the provision of such services.

Business enterprise means a unit of economic organization or activity in the form of an individual natural person, sole proprietorship, corporation, partnership, organization, joint venture, trust, foundation, firm, group, society, association or any combination thereof whose systemic purposeful activity is the recovering, towing, removing, storing and immobilization of parked vehicles from private real property at the express instruction of the owners of such real property. However, "business enterprise" shall not mean nor include in its meaning the "property owner."

Express instruction means a clear, definite and explicit written request by a property owner or agent to a business enterprise relating to a specific vehicle which calls for the removal of a specific and individual vehicle parked without permission of the property owner. Such agent shall not be an officer or employee of the business enterprise (as defined herein). The term "express instruction" shall not mean a general request unrelated to a specific and individual vehicle or which precedes in time the actual parking of a vehicle.

Immobilization shall mean the placing of a "boot" or other device which causes a vehicle to be immobile or otherwise disables a vehicle from operation.

Immobilization contractor shall mean any person or firm authorized by the owner, lessee, or controller of real property to engage in the business of immobilization of unauthorized vehicles parked on private property of such owner, lessee or controller, their agents, or employees. The immobilization contractor shall sometimes be referred to as the "contractor."

License means that certificate or document itself which permits a business enterprise to engage in the activity of recovering, towing, removing, storing and immobilization of parked vehicles from private real property at the express instruction of the owners of such real property. As used in this article, "license" shall not mean a municipal or county local business tax receipt.

Parked means the state of a vehicle being temporarily left and unattended by its owner or operator.

Premises shall mean the private property owned, controlled or used by a property owner for the parking of motor vehicles as its business or auxiliary to its business.

Property owner means that person who exercises dominion and control over private real property, including but not limited to the legal titleholder, lessee, designated representative of a condominium association or any person authorized to exercise or share dominion and control over private real property. However, "property owner" shall not mean nor be included in the term "business enterprise."

Recover means to take possession of a vehicle and its contents and to exercise control and supervision over the vehicle.

Regulation means a rule set forth within this article made applicable to business enterprises. The disobedience of a regulation shall be sufficient grounds for revocation of a license.

Removing means the act of changing by tow the location of a parked vehicle from its location on private property to the storage site of the business enterprise.

Revenue collection division means the treasury management division of the finance department or its successor which is responsible for issuing licenses and collecting license fees.

Revoke means the action of the city manager whereby a license is annulled and made void.

Storing means to place and to leave a towed vehicle at a site where the business enterprise exercises control and supervision over the vehicle.

Towing means to draw or pull along a vehicle behind by means of another vehicle equipped with booms, car carriers, winches, dollies or similar equipment and includes opening of vehicle, removal of linkage on the transmission, securing of steering wheel or any other labor required or necessary to complete the removal of the vehicle.

Unauthorized wrecker operator means any wrecker operator or business enterprise who has not been designated as part of the city's wrecker operator system and does not have a valid and current agreement with the city to provide such services.

Vehicle means a mobile item which normally uses wheels.

Wrecker class means the type of towing apparatus to be used to tow vehicles. The wrecker classes have minimum ratings and are as follows:

(1)

Class A tow truck or car carrier minimum ratings:

(a)

Gross vehicle weight ratings, 10,000 pounds.

(b)

Boom capacity, 8,000 pounds.

(c)

Winching capacity, 8,000 pounds.

(d)

Cable size and length, three-eighths-inch by 100 feet

(e)

Under-reach retracted rating, 3,500 pounds.

(f)

Under-reach extended ratings, 2,000 pounds.

(g)

Tow sling safe lift rating, 3,500 pounds.

(h)

Safety chains (two each), three-eighths-inch high test.

(i)

Cab to axle dimension, fifty-six-inches.

(2)

Class B tow truck or car carrier minimum ratings:

(a)

Gross vehicle weight ratings, 18,000 pounds.

(b)

Boom capacity, 6,000 pounds.

(c)

Winching capacity, 16,000 pounds.

(d)

Cable size and length, one-half-inch by 200 feet

(e)

Under-reach retracted rating, 6,000 pounds.

(f)

Under-reach extended ratings, 4,000 pounds.

(g)

Tow sling safe lift rating, 8,500 pounds.

(h)

Safety chains (two each), five-sixteenths-inch alloy.

(i)

Cab to axle dimension, eighty-four-inches.

(3)

Class C tow truck or car carrier minimum ratings:

(a)

Gross vehicle weight ratings, 30,000 pounds.

(b)

Boom capacity, 50,000 pounds.

(c)

Winching capacity, 50,000 pounds.

(d)

Cable size and length, five-eighths-inch by 200 feet

(e)

Under-reach retracted rating, 25,000 pounds.

(f)

Under-reach extended ratings, 12,000 pounds.

(g)

Tow sling safe lift rating, 12,000 pounds.

(h)

Safety chains (two each), one-half-inch alloy.

(i)

Cab to axle dimension, one hundred forty-four-inches.

(4)

Class D tow truck or car carrier minimum ratings:

(a)

Gross vehicle weight ratings, 52,000 pounds.

(b)

Boom capacity, 70,000 pounds.

(c)

Winching capacity, 50,000 pounds.

(d)

Cable size and length, five-eighths-inch by 200 feet

(e)

Under-reach retracted rating, 45,000 pounds.

(f)

Under-reach extended ratings, 15,000 pounds.

(g)

Tow sling safe lift rating, 12,000 pounds.

(h)

Safety chains (two each), one-half-inch alloy.

(i)

Cab to axle dimension, 180 feet.

Wrecker operator system means a system for the towing or removal of wrecked, disabled, or abandoned vehicles within the city's jurisdiction under which the city contracts with one or more wrecker operators for the towing or removal of wrecked, disabled, or abandoned vehicles from accident scenes, streets, or highways and includes a method for apportioning the towing assignments among the eligible wrecker operators through the creation of geographic zones.

(Ord. No. 9762, § 1(4), 12-8-83; Ord. No. 10537, § 1, 1-12-89; Ord. No. 10564, § 1, 3-23-89; Code 1980, § 42-74; Ord. No. 11382, § 2, 7-25-96; Ord. No. 11858, § 2, 11-16-99; Ord. No. 12885, § 1, 2-8-07; Ord. No. 14071, § 2, 6-9-22)

DIVISION 2. - NONCONSENSUAL TOWING OF MOTOR VEHICLES FROM PRIVATE PROPERTY[4]

Footnotes: --- (4) ---

Editor's note— Ord. No. 12285, § 1, adopted October 10, 2002, changed the title of division 2 from "towing of motor vehicles" to "nonconsensual towing of motor vehicles from private property."