23-009 l ORDINANCE NO.23-009
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4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
5 FLORIDA AMENDING CHAPTER 14 ENTITLED
6 "REGULATORY TRAFFIC CONTROL"; BY CREATING
7 SECTION 14-5.1 "TOW SERVICES ADMINISTRATIVE
8 CHARGE", ESTABLISHING AN ADMINISTRATIVE
9 CHARGE FOR TOWING SERVICES; PROVIDING FOR
10 CONFLICTS, SEVERABILITY, CODIFICATION; AND
11 PROVIDING FOR AN EFFECTIVE DATE.
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13 WHEREAS, House Bill ("HB") 133, related to towing and immobilization of
14 vehicles and vessels was signed into law by Governor DeSantis and became effective on
15 October 1, 2020; and
16 WHEREAS, HB 133, codified as § 166.04465, Florida Statutes, prohibits a
17 municipality from enacting an ordinance that imposes a fee, charge, cost, expense, fine or
18 penalty on an authorized wrecker operator or towing business for towing, impounding, or
19 storing a vehicle or vessel; and
20 WHEREAS, §166.04465, Florida Statutes, permits the imposition of a reasonable
21 administrative fee or charge for towing services, limited to twenty-five percent(25%) of the
22 maximum towing rate to cover the cost of enforcement, including parking enforcement by a
23 municipality when the vehicle is towed from public property; and
24 WHEREAS, Palm Beach County, Florida authorized the establishment maximum
25 towing rates per §19-198 of the Palm Beach County Code which have been established by
26 resolution,which may be amended from time to time; and
27 WHEREAS,the City desires to establish a reasonable administrative fee for towing
28 services which shall be equal to twenty-five percent (25%) of the Palm Beach County
29 towing rates as may be amended from time to time, to cover the cost of towing enforcement
30 when vehicles are towed from public property; and
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31 WHEREAS, the City desires to amend the City of Boynton Beach Code of
32 Ordinances to establish §14-5.1, entitled"Towing Services Administrative Charge"; and
33 WHEREAS, the Mayor and the City Commission of the City of Boynton Beach
34 hereby finds that it is in the best interest of the citizens and residents of the City of Boynton
35 Beach, Florida to approve the Ordinance to the City's Code of Ordinances and as contained
36 herein.
37 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
38 THE CITY OF BOYNTON BEACH,FLORIDA,THAT:
39 Section 1. The foregoing whereas clauses are true and correct and are now ratified
40 and confirmed by the City Commission.
41 Section 2. City of Boynton Beach's Code of Ordinances, Chapter 14 "Motor
42 Vehicles and Traffic" is hereby amended by creating Section 14-5.1, "Stopping, Standing,
43 Parking, or Storage Prohibited in Specified Places"as follows:
44 §14-5.1 TOWING SERVICES ADMINISTRATIVE CHARGE
45 (A) Definitions.As used in this section,the following words and terms shall have
46 the following meanings:
47 (I) Administrative Charge: a financial charge imposed on the registered
48 owner or other legally authorized person or entity of a motor vehicle or vessel to
49 cover the cost of enforcement, including parking enforcement, by the municipality
50 when the vehicle or vessel is towed from public property.
51 (2) Towing Business: a business entity that provides towing and/or
52 wrecker services for monetary gain within the City pursuant to a Towing Services
53 Agreement whom may impose and collect the Administrative Charge on behalf of
54 the City and remit such charge to the City after it is collected.
55 (3) Towing Services Agreement: an agreement between the City of
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56 Boynton Beach and a Towing Business that authorizes the Towing Business to
57 provide services for private vehicles or vessels ordered towed by the City within the
58 limits of the City and during designated periods of time.
59 (4) Maximum Towing Rate: the maximum towing rate(s) established by
60 Palm Beach County, Florida, as may be amended from time to time.
61 (B) Towing Services Administrative Charge: The City Commission hereby
62 authorizes the imposition of an Administrative Charge upon the registered owner or other
63 legally authorized person or entity in control of a vehicle or vessel when a vehicle or vessel
64 is towed from public property.
65 (1) The Administrative Charge shall be up to twenty-five (25%) percent
66 of the Maximum Towing Rate to be used to offset the various costs of the City
67 concern inc towing related activities.
68 (2) As directed by the City Commission, a Towing Business pursuant to a
69 Towing Services Agreement may impose and collect the Administrative Charge on
70 behalf of the City of Boynton Beach and shall remit such fee or charge to the City
71 monthly, on or before the fourteenth(14th) day of the month following collection.
72 Section 3. Each and every other provision of the City's Code of Ordinances not
73 herein specifically amended, shall remain in full force and effect as originally adopted.
74 Section 4. All laws and ordinances applying to the City of Boynton Beach in
75 conflict with any provisions of this ordinance are hereby repealed.
76 Section 5. Should any section or provision of this Ordinance or any portion
77 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
78 affect the remainder of this Ordinance.
79 Section 6. Authority is hereby given to codify this Ordinance.
80 Section 7. This Ordinance shall become effective immediately.
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81 FIRST READING this 16th day of May, 2023.
82 SECOND, FINAL READING AND PASSAGE this (0-44.1day of 3i..ut ,2023.
83 CITY OF BOYNTON BEACH, FLORIDA
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85 YES
NO
86 Mayor—Ty Penserga
87 Vice Mayor—Thomas Turkin ✓
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89 Commissioner—Angela Cruz
90
91 Commissioner—Woodrow L. Hay
92 ✓
93 Commissioner—Aimee Kelley
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95 VOTE
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97
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99 ATT ST:
100qta
101 •IL /
102 aylee D; -sus, MPA, M ' Ty Pe
103 City Cl-r May•
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105 A ".• E A 'aRM:
106 (Corporate Seal)
107
108
109 Michael D. Cirullo,Jr.
110 City Attorney
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112
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