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23-009 l ORDINANCE NO.23-009 2 3 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. 12 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 {00545083 I 306-9001821) ) 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 (00545083.1 306-9001821 2 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. (005450831 306-9001821) 3 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 84 85 YES NO 86 Mayor—Ty Penserga 87 Vice Mayor—Thomas Turkin ✓ 88 89 Commissioner—Angela Cruz 90 91 Commissioner—Woodrow L. Hay 92 ✓ 93 Commissioner—Aimee Kelley 94 95 VOTE 96 97 98 99 ATT ST: 100qta 101 •IL / 102 aylee D; -sus, MPA, M ' Ty Pe 103 City Cl-r May• 104 105 A ".• E A 'aRM: 106 (Corporate Seal) 107 108 109 Michael D. Cirullo,Jr. 110 City Attorney 111 112 (00545083.1 306.9001821) 4