Item 8C - Tow OrdinanceORDIANANCE 75-17-
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING
CHAPTER 21 TRAFFIC AND MOTOR VEHICLES, TO ADD
ARTICLE VI, UNREGISTERED AND INOPERABLE
VEHICLES, INCLUDING DEFINITIONS, INTENT,
LIMITATIONS ON UNREGISTERED AND INOPERABLE
VEHICLES, AND ENFORCEMENT, PROVIDING FOR
CONFLICT, PROVIDING FOR SEVERABILILTY, AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, it has been determined that unregistered and unregistered motor vehicles are
a public nuisance detrimental to the health, safety and welfare of the inhabitants of the city; and
WHEREAS, the City Commission recognizes that the premises of businesses where the
location and use ofland has been approved by the City are appropriate and safe locations for such
motor vehicles; and
WHEREAS, it is the desire of the City Commission to cause unregistered and inoperable
motor vehicles to be removed and relocated to an appropriate and safe location;
BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF
THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Regulation Added. The Code of Ordinances ofthe City of Atlantic Beach,
Florida, is hereby amended by adding a new article to Chapter 21, which shall read as follows:
"ARTICLE VI.-UNREGISTERED AND INOPERABLE VEHICLES
Sec. 21-86.-Definitions.
For the purposes of this Article, the following terms shall have the meaning as set forth
within this section.
(a) Enclosed building shall mean a structure having no outside openings other than
ordinary doors, windows and other such common features.
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(b) Enforcement officer shall mean a person designated by the City Manager to enforce the
provisions of this Article.
(c) Inoperable motor vehicle shall mean a motor vehicle that is incapable oflegal operation
under its own power upon a street due to its physical condition.
(d) Motor vehicle shall mean any self-propelled vehicle designed primarily for
transportation of persons or goods along a public street.
(e) Private property shall mean any real property within the city that is privately owned
and which is not defined as public property.
(f) Public property shall mean lands and improvements owned by the Federal
Government, the state, the county, or a municipality.
(g) Unregistered Motor Vehicle shall mean a motor vehicle which does not have a valid
and current motor vehicle license tag affixed thereto.
Sec. 21 -87. -Intent.
It is the intent of this Article to regulate unregistered or inoperable vehicles on private
property, which have been found to be a public nuisance detrimental to the health, safety
and welfare of the inhabitants of the city.
Sec. 21-88.-Limitations on unregistered and inoperable vehicles.
No unregistered or inoperable motor vehicle shall be parked, stored or otherwise kept on
any private property for a period longer than seventy-two (72) continuous hours as
observed and documented on at least two separate days by an enforcement officer; except
when one (1) or more of the following conditions apply:
(a) The vehicle is within a fully enclosed building;
(b) The vehicle is on the premises of a business where the location and use of the land has
been approved by the City.
Sec. 21-89.-Enforcement.
Violations of Section 21-88 shall require the following actions by the enforcement officer:
(a) A notice shall be posted upon the motor vehicle in violation. The notice shall not be
less than eight (8) inches by ten (1 0) inches and shall be sufficiently weatherproofed
to withstand normal exposure to the elements for ten (10) days and shall contain the
following:
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NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN
THE ATTACHED PROPERTY This property, to wit: (setting forth brief
description) located at (setting forth brief description of location) is in
violation of (set forth ordinance or regulation violated) and must be
removed or made compliant within ten (1 0) days from the date of this
notice; otherwise it shall be removed by the order of the city. The owner
of the motor vehicle shall be liable for the costs of removal and storage.
Dated this: (set forth date of posting of notice)
Signed: (set forth name, title, address and telephone number of
enforcement officer)
(b) When a motor vehicle is inaccessible or otherwise dangerous for an enforcement
officer to post in compliance with paragraph (a) of this section, a certified letter
notifying them of the violation shall be sent to the real property owner of the property
where the vehicle is located, whose name and address is known by reference to the
latest ad valorem tax records published by the county property appraiser and when
possible, a certified letter notifying them of the violation shall be sent to the owner of
the motor vehicle in violation.
(c) If the violation has not been corrected within 10 days of notice posting in accordance
with paragraph (a) or acknowledgement of receipt of a notice by certified mail in
accordance with paragraph (b), the enforcement officer shall have the motor vehicle
removed from the property as set forth in Article III of this chapter and shall notify
the Police Department immediately in a manner as prescribed by the Chief of Police."
SECTION 2. Conflict. All ordinances, resolutions, official determinations or parts thereof
previously adopted or entered by the City or any of its officials and in conflict with this ordinance
are repealed to the extent inconsistent herewith.
SECTION 3. Severability. If any section, subsection, sentence, clause or phrase or
provision of this ordinance is held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not be construed to render the remaining provisions of this ordinance invalid or
unconstitutional.
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March 27, 2017
SECTION 4. Effective Date. This Ordinance shall take effect immediately upon its final
passage and adoption.
PASSED by the City Commission on first reading this __ day of ______ _
2017.
PASS ED by the City Commission on second reading this __ day of ______ _
2017.
ATTEST:
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Brenna M. Durden, City Attorney
CITY OF ATLANTIC BEACH
Mitchell E. Reeves, Mayor
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Chapter 21 -TRAFFIC AND MOTOR VEHICLESill
ARTICLE I. -IN GENERAI)ll
Sec. 21-1.-Adoption of Florida Uniform Traffic Control Law, and the Manual on Uniform
Traffic Control Devices.
The Florida Uniform Traffic Control Law, being Chapter 316 of the Florida Statutes as may
be amended, and the Manual on Uniform Traffic Control Devices (MUTCD) for Streets and
Highways , as published and amended by the Federal Highway Administration are adopted in full
by reference as part ofthis Chapter and shall be in full force and effect within the City as if fully
set f01ih herein.
There is hereby adopted by reference the Florida Uniform Traffic Control Law, being Chapter
316, Florida Statutes , as may be amended, which law shall be in full force and effect vl'ithin the
City as if fully set fotih herein, and shall be considered as pa1i of this Chapter. Also adopted by
reference and considered as pmi of this Chapter is the Manual on Uniform Traffic Control Devices
(AillTCD) for Streets and Highways , as published and amended by the Federal Highway
Administration.
Sec. 21-2.-Definitions not found in the Florida Uniform Traffic Control Law.
For the purposes of this Chapter, the following terms shall have the meaning as set forth
within this section .
(a) Abandoned property shall mean all tangible personal propetiy that does not have an
identifiable owner and that has been disposed on private or public propetiy in a wrecked,
inoperative, or partially dismantled condition or has no apparent intrinsic value to the
rightful owner.
(b) Inoperable motor vehicle shall mean a motor vehicle which does not have a valid and
cunent motor vehicle license tag affixed thereto. This shall not apply to motor vehicles
located on private property or leased by a new or used automobile dealer possessing a
current, valid City of Atlantic Beach Local Business Tax Receipt ; nor shall this defmition
apply to any ancient or antique vehicle that is registered with the state, pursuant to
§320 .086 .
(c) Paved sidewalk shall mean
(d) Private property shall mean any real propetiy within the city that is privately owned and
which is not defined as public property.
(e) Public property shall mean lands and improvements owned by the Federal Govemment,
the state , the county, or a municipality and includes sovereignty submerged lands located
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adjacent to the county or municipality, buildings, grounds, parks, playgrounds, streets ,
sidewalks, parkways, rights-of-way, and other similar propeliy.
(f) Wrecked motor vehicle shall mean any motor vehicle of which the condition is wrecked,
dismantled, pmtially dismantled, inoperable , incapable of operation by its own power on
a public street, or which the wheels, engine, transmission, or any substantial pmi thereof
has been removed.
Sec. 21-3.-Permit required for parades and processions.
No procession or parade shall occupy, march or proceed along any street or roadway except
in accordance with a permit issued by the city manager and such other regulations as are set fmth
within this Code, which may apply.
Sees. 21-J4-21-15.-Reserved.
ARTICLE II.-STOPPING, STANDING AND PARKINGill
DIVISION 1.-GENERALLY
Sec. 21-16.-Manner of stopping, standing, or parking.
(a) All vehicles stopped , standing or parked on a roadway or street shall be parallel with the
edge of the roadway in the direction of traffic, except where an official traffic control
device requires otherwise.
(b) All vehicles stopped, standing or parked on a roadway with a raised concrete curb shall
have its wheels within twelve (12) inches of the edge of the roadway, except where an
official traffic control device requires otherwise.
(c) All vehicles, trailers, watercraft, equipment or objects of any kind shall not be stopped,
standing or parked on public in a manner that obstructs the required sight distance
requirements found in Section 19-5 ofthe City of Atlantic Beach 's Code of Ordinances .
(a) No person shall stop, stand or park a vehicle in a roadway other than parallel v1ith the edge of
the roadway in the direction of the traffic. If a curb is present, the curbed side wheels of the
vehicle shall be within twelve (12) inches of the edge of the roadway, e)ccept as provided in
the following paragraphs:
(1) i\ngled parking upon a street, which has been marked or signed for angle parking . The
vehicle shall be parked at the angles of the curb indicated by the mark or sign.
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(2) Loading or unloading in a place vlhere, and at hours w·hen, stopping for the loading or
unloading of merchandise or materials is permitted. A vehicle is used for the
transportation of merchandise or material may be backed into the curb to take on or
discharge loads .
(b) No vehicle, trailer, boat, equipment of any kind shall be temporarily or permanently parked
or placed in any location on public or private property, which interferes '.vith the safe, clear
and unobstructed sight distance of any rights of way intended or designated for use by
pedestrians, bicycles, and vehicles . guch obstruction shall be immediately removed by order
of the police depmiment, and if required , charges for tmving and storage, as set fo1ih herein
shall apply.
Sec. 21-17.-Prohibited in specific areas.
Except when necessary to avoid conflict with other traffic, or in compliance with the directions
of a police officer or official traffic control device, no person shall stop, stand or park a vehicle:
No person shall stop , stand or park a v ehicle , in any of the following places or as restricted by
the follovring provisions, eJwept when necessary to avoid conflict vrith other traffic, or when
complying with the directions of a police officer or an official traffic control device.
(a) On a paved sidewalk or in a manner that any part ofthe vehicle is protruding over a paved
sidewalk or any part of the paved sidewalk area;
(b) On any etty right of way public street within seven (7) feet of a public driveway, or
private driveway upon complaint;
(c) Within twenty (20) feet of an intersection;
(d) Within fifteen (15) feet of a fire hydrant;
(e) On a crosswalk;
(f) Within twenty (20) feet of a crosswalk at an intersection, unless petmitted to do so by a
zone or devices established in the area;
(g) Along side or opposite any street excavation or obstruction when the stopping, standing
or parking could obstruct traffic, and any place where any official sign prohibits stopping
or parking, and any parking place specifically designated and marked for the disabled
unless the vehicle displays a parking ermit as required by state law.
(1) A person who is chauffeuring a disabled person shall be allowed , without need for
an identification parking permit, momentary parking in the parking space for the
purpose of loading or unloading a disabled person, and no penalty shall be imposed
1pon the driver for this monetary parking .
(2) /',..person convicted of violating these provisions regarding parking spaces designated
for disabled persons shall be punished by a fine of hvo hundred fifty dollars
($250 .00).
(h) Parking shall be prohibited on the following streets and roadways at all times:
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(1) East Coast Drive .
(2) Ocean Boulevard.
(3) Sheny Drive (South).
(4) Seminole Road.
(5) Plaza Drive (except for the 300 Block).
(6) Royal Palms Drive.
(7) Sailfish Drive (except for the 600 through 900 Blocks).
(8) Levy Road .
(9) Dutton Island Road.
(1 0) Donner Road.
(i) Overnight parking prohibited. No vehicle, boat or trailer, other than official vehicles as
aathorized by the city, shall be parked ovemight in any public park or public open space,
on any propetiy occupied by a government 1.1se , or in any other location posted by the city
to prohibit overnight parking.
Sec. 21-18.-Obstructing traffic.
No person shall stop, stand or park a vehicle in a street in a manner or under such conditions
as to leave available less than ten ( 1 0) feet of a roadway for free movement of vehicular traffic,
except a driver may stop temporarily during the actual loading or unloading of passengers or when
necessary in obedience to a traffic regulation or traffic sign or signal or a police officer.
Sec. 21-19.-Compliance with signs prohibiting parking required.
When a sign prohibiting parking is erected or a curb is officially marked to prohibit parking,
no person shall park a vehicle in such a designated place.
Sec. 21-20. -Parking limitations.
When a sign is erected in each block giving notice thereof, no person shall park a vehicle for
longer than the respective times set forth in any schedule applicable thereto promulgated and
adopted by the city manager.
(a) Overnight parking prohibited. No vehicle, boat or trailer, other than official vehicles as
authorized by the city manager, shall be parked overnight in any public park or public
open space, on any prope1ty occupied by a government use, or in any other location
posted by the city to prohibit overnight parking .
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(b) No person shall stop, stand, or park a recreational vehicle, camper, bus, flatbed truck,
travel trailer, equipment trailer, boat, boat trailer or commercial vehicle upon any street
or right of \Vay roadway, except for the purpose of loading or unloading. No more than
four (4) hours shall be allowed for loading and unloading, unless otherwise authorized
by the city manager or his designee .
Sec. 21-21.-Parking for certain purposes prohibited.
No person shall stand or park a vehicle upon any roadway or right of way street for the
principal purpose of:
(a) Displaying it for sale; or
(b) Greasing, changing the oil or other fluids, or repairing the vehicle, except repairs
necessitated by an emergency.
Sec. 21 22. Commercial , recreational, etc., vehicles; v;eight requirements .
(a) No person shall stop, stand, or park a commercial vehicle in excess of ten thousand (1 0,000)
pounds gross vehicle weight, or any combination thereof, or any component pmi thereof,
including the tractor unit or trailer unit of any tractor trailer type truck, upon any private
propetiy in a residential zone except for the purpose of loading and unloading. No more than
four (4) hours shall be allowed for loading and unloading, unless othervfise authorized by the
city manager or his designee.
(ba) No person shall stop, stand, or pm·lc a recreational vehicle, camper, bus, flatbed truck, travel
trailer, equipment trailer, boat, boat trailer or commercial vehicle upon any street or right of
way, eJccept for the purpose of loading or unloading . No more than four (4) hours shall be
allowed for loading and anloading, unless otherwise authorized by the city manager or his
designee.
(cb) Violations of subsection (a) or (b) above shall be punishable by a fine in the amount of fifty
dollars ($50.00) for a first offense and one hundred dollars ($100 .00) for each subsequent
offense.
Sec. 21 23. Parking in the right of way.
Parking in the right of way for shmi periods of time (not to exceed eight (8) hours) is
pennissible. Parking in the right of way is not intended to be a solution for limited driveway and/or
garage parking.
No person shall park in the right of way on the below listed streets on a regulm· basis at a
residence, which is defined as three (3) or more occasions in any seven day period.
Parking on the rights of way, as described in the two (2) paragraphs directly above, shall be
prohibited on the follov;ing streets and roadways:
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(1) East Coast Drive .
(2) Ocean Boulevard .
(3) Sherry Drive (South).
(4) Seminole Road .
(5) Plaza Drive (e1ccept for the 300 Block).
(6) Royal Palms Drive .
(7) Sailfish Drive.
(8) Levy Road.
(9) Dutton Island Road .
(1 0) Donner Road.
Sec. 21 25. Removing and impounding.
Members of the depmiment of public safety of the city are hereby authorized to remove and
shall cause to be removed any vehicle from any street or alley or right of way within the city to a
public garage or other place of safety lmder circumstances emunerated in this miicle:
(a) When a vehicle is left unattended:
(1) On a side';valk ;
(2) '.Vithin seven (7) feet of a public or private driveway upon complaint;
(3) Within fifteen (15) feet of a fire hydrant;
(4) Within an intersection;
(5) On a crosswalk; or
(6) Alongside or opposite any street excavation or obstruction when stopping, standing,
or parking would obstruct traffic.
(b) \Vhen any vehicle is left unattended at any place v1here official signs or markings on the
curb prohibit parking, stopping, or standing.
(c) When any vehicle is left unattended upon any street or right of way for a period of time
longer than seventy t'.vo (72) hours.
(d) When a vehicle upon a street or alley is so disabled as to constitute an obstruction to
traffic, or the person in charge of the vehicle is, by reason ofphysical injury or condition,
incapacitated to such an eKtent as to be anable to provide for its custody or removal.
(e) When any vehicle is left unattended upon a street or alley and is so parked illegally, or
the vehicle constitutes an obstruction to normal movement of traffic .
Sec. 21-2(;~.-Same-Towage and storage charges.
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Any and all towage and storage charges reasonably due the operator of the garage or place
where the vehicle under provisions of this article, shall constitute a lien against the vehicle. The
operator of the garage or other place the vehicle is stored is hereby authorized to hold the vehicle
until the towage and storage costs are paid by the owner of the vehicle, or, in his behalf, the
operator; provided, that in no event shall the city or any officer ; employee or department of the
city be liable for the charges and costs by reason of their enforcement of this section.
Sees. 21-2+3 -21-35.-Reserved.
DIVISION 2. -ENFORCEMENT
Sec. 21-36.-Issuance of citations.
The director of public safety shall have exclusive control of and shall have printed uniform
traffic citations which shall be prenumbered and which shall be issued to the public safety officers.
It shall be the duty of the public safety officers to check on parking locations for indications of
illegal parking and to give the notice of the violation of parking ordinances regulating the parking
of vehicles in any street block of the city . Notice of violation of a parking ordinance by public
safety officers shall be given by leaving a citation specifying the violation with the registered
owner or operator of the vehicle or by attaching the citation to the vehicle if it is unattended. A
. duplicate copy of each such ticket shall be made and filed by the public safety officer, with his
signature affixed thereto , at the close of each day's work, with the records division of the public
safety department.
Sec. 21-37.-Form of citations.
Citations for violation of parking ordinances shall:
(a) Be in writing and in the name of the city;
· (b) Set forth substantially the nature of the offense and the number of the ordinance being
violated;
(c) State the date and time delivered;
(d) Specify the license tag number of the vehicle causing the violation as well as the person
cited if delivered in person;
(e) Command the owner or operator of the vehicle causing the violation to pay to the City of
Atlantic Beach, finance department the applicable fine as established by section 21-38;
and
(f) Shall be signed by the person issuing them .
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Sec. 21-38.-Schedule of fines.
There is hereby established the following schedule of fines to be assessed in cases of parking
violations occmTing within the city:
(a) Parking in prohibited areas as defined by Section 21-17 ..... $50.00
(b) Parking within fifteen (15) feet of fire hydrant ..... $50 .00
(c) Parking double ..... $50.00
(d) Obstructing traffic..... $50.00
(e) Obstructing driveway ..... $50 .00
(f) Parking over time limit ..... $50.00
(g) Other improper parking as defined by the Florida Uniform Traffic Control Law .....
$50.00
(h) Illegal parking in designated ADA Accessibility parking spaces ..... $250 .00
(i) Parking in the right of 'iVay: First offense ..... $100 .00
Second offense within tvrenty four (24) months of first offense ..... $150 .00
Third offense within twenty four (24) months of first offense ..... $250.00
Fomih and subsequent offenses at any time ..... $500.00
Sec. 21-39.-Payment of parking fines.
(a) The City of Atlantic Beach Finance Department is hereby authorized to accept payment of a
parking fine as specified on the parking citation and in accordance with the schedule of fines
at any time before a summons is issued with respect thereto, in person at his office or by mail.
The voluntary payment of a parking fine shall be deemed equivalent to the entry of a plea of
guilty to the offense charged and waiver of the right to a trial for purposes of this chapter.
(b) There is imposed on each person charged with violation of a parking ordinance who fails to
pay the parking fine within thirty (30) days an additional cost of fifty dollars ($50.00).
(c) The director of public safety shall have the discretion of relieving the person named in the
citation of paying the additional fifty dollars ($50.00) late fee upon good cause being shown
and documented by the director of public safety.
(d) Multiple unpaid violations. If a vehicle has three (3) or more unpaid parking tickets, and the
time limitations for the payment of the tickets has expired , then the vehicle may be disabled
or towed pursuant to the conditions set forth within this chapter.
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Sec. 21-40. -Disposition of money collected as fines.
All fines and costs collected in accordance with the terms of this division shall be paid
forthwith to the director of finance in a manner as prescribed by the director of finance.
Sec. 21-41. -Presumption of motor vehicle ownership.
For purposes of violation of a parking ordinance of the city, the specification of a motor
vehicle license tag number on a citation for such violation, by an officer charged with enforcement
thereof, shall be prima facie evidence that the motor vehicle is owned by the person in whose name
the license tag is registered in the office of the appropriate agency of the state issuing the license
tag.
Sec. 21-42. -Removing and impounding.
Members of the department of public safety of the city are hereby authorized to remove and
shall cause to be removed any vehicle from any street or roadway within the city to a public garage
or other place of safety under circumstances enumerated in this section:
(a) When a vehicle is left unattended:
(1) On a sidewalk;
(2) Within seven (7) feet of a public or private driveway upon complaint;
(3) Within fifteen (15) feet of a fire hydrant;
( 4) Within an intersection;
( 5) On a crosswalk; or
(6) Alongside or opposite any street excavation or obstruction when stopping, standing,
or parking would obstruct traffic.
(b) When any vehicle is left unattended at any place where official signs or markings on the
curb prohibit parking, stopping, or standing.
(c) When any vehicle is left unattended upon any street or roadway for a period of time longer
than seventy-two (72) hours.
(d) When a vehicle upon a street or alley is so disabled as to constitute an obstruction to
traffic, or the person in charge of the vehicle is, by reason of physical injury or condition,
incapacitated to such an extent as to be unable to provide for its custody or removal.
(e) When any vehicle is left unattended upon a street or roadway and is so parked illegally,
or the vehicle constitutes an obstruction to normal movement of traffic.
Sees. 21-4~3-21-49.-Reserved.
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ARTICLE III. -WRECKER SERVICEill
Sec. 21-50. -Establishment of rotating wrecker call list.
The chief of police, subject to approval by the city manager, is hereby authorized to establish
standards and rules for the administration of a rotating wrecker service to the city. All wrecker and
towing firms, companies, or corporations licensed to conduct that business may apply for a listing
by the police depmiment on the rotating wrecker call list.
Sec. 21-51. -Charges for towing and storage.
The charges for towing and otherwise removing any damaged motor vehicle :fi:om any point
within the city shall be as set fmih below. Daytime shall be defined as the hours from 6:00a.m.
until 6:00 p.m. Nighttime shall be defined as the hours from 6:00 p.m. until 6:00 a.m., and
nighttime charges shall also apply Sundays and legal holidays.
I I I
Daytime
I
Nighttime
(a) Class A wrecker
Passenger cars and light vans
I
$73.00 $94.00
'
I
Trucks (half-ton to two tons -l $73.00 $94.00 n-Campers, trailers and mobile homes
I
$105.00
I
$105.00
I I
Motorcycles
I ~ $94.00
-
(b) Class B wrecker: The charges for towing and otherwise removing any truck, unit or pmi
thereof, from more than two tons to 10 tons of weight $105.00 per hour towing charge,
but in no event less than a $100.00 charge for towing, and not more than $105.00 per hour
for cleanup, extra labor and waiting time.
(c) Class C wrecker: The charges for towing and otherwise removing any truck or unit of 10
tons or greater weight $157.00 per hour towing charge for a truck or unit transportable as
a whole, but in no event less than $157.00 charge for such towing, or, $210.00 per hour
towing charge for a truck or other unit not transpmiable as a whole, but in no event less
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dollars ($300,000.00) and property insurance in an amount not less than fifty thousand dollars
($50,000.00).
Sec. 21-54.-Repairing vehicles without authorization prohibited.
It shall be unlawful for any person to dismantle or to make repairs, alterations or additions to
any such removed vehicle without the written consent signed by its owner or his duly authorized
agent.
Sees. 21-55-21-59.-Reserved.
ARTICLE IV. -MOTOR VEHICLE TITLE LOANS
Sec. 21-60.-Definitions.
(a) "Title loan agreement" means a written agreement whereby a secondhand dealer agrees to
make a loan of a specific sum of money to the owner of a motor vehicle, and the owner of the
motor vehicle agrees to give the secondhand dealer a security interest in a motor vehicle
ce1iificate of title owned by the bonower and encumbered only by a title loan agreement.
(b) "Secondhand dealer" has the same meaning as used in F.S. § 538.03(1)(a), as it may be
amended from time to time.
Sec. 21-61. -Motor vehicle title loan transactions.
A secondhand dealer registered under F.S. Ch. 538, Pt. I, may engage in motor vehicle title
loan transactions, as that term is used in F.S. Ch. 538, Pt. I, if the following conditions are met:
(a) The secondhand dealer maintains physical possession of the motor vehicle certificate of
title;
(b) The borrower maintains possession of, or control over, the motor vehicle throughout the
term of the loan;
(c) The borrower is not required to pay rent or any other charge for the use of the motor
vehicle;
(d) The secondhand dealer delivers to the borrower, at the time a loan is made, a statement
showing the loan amount, origination date, maturity date, finance charges, a description
of the security, the name and address of the bonower and the secondhand dealer, the rate
of interest expressed in terms of annual percentage rate, the total number of payments
required, and the total amount required to be paid over the life of the loan. In the event
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the borrower has a right to renew the loan, the secondhand dealer must deliver a statement
with the inf01mation required herein for each renewal; and
(e) The title loan agreement contains the following statements printed in not less than
fourteen-point type:
(1) "Your vehicle has been pledged as security for this loan and if you do not repay this
loan in full, including the finance charge, YOU WILL LOSE YOUR VEHICLE."
(2) "You are encouraged to repay this loan at the end of the 30 day period. The lender is
not required to extend or renew your loan. It is important that you plan your finances
so that you can repay this loan as soon as possible."
(3) "THIS LOAN HAS A VERY HIGH INTEREST RATE. DO NOT COMPLETE
THIS LOAN TRANSACTION IF YOU HAVE THE ABILITY TO BORROW
FROM ANOTHER SOURCE AT A RATE LOWER THAN 2.5% PER MONTH
OR AN ANNUAL PERCENTAGE RATE OF 30%."
( 4) "The borrower represents and warrants that the motor vehicle and the certificate of
title is not stolen, it has no liens or encumbrances against it, the borrower has the
right to enter into this transaction, and the borrower will not attempt to sell the motor
vehicle or apply for a duplicate ce1iificate of title while the title loan agreement is in
effect, and that doing so will be a violation of the law."
(f) Immediately above the signature of the borrower, the statement that "I, the borrower,
declare that the information I have provided is true and correct and I have read and
understand the foregoing document."
(g) A blank line for the signature of the borrower.
(h) The secondhand dealer must display, in a prominent place in the title loan premises, for
customer viewing, a sign no smaller than three (3) feet by five (5) feet with the following
messages written in letters no less than four (4) inches high:
"IF YOU RECEIVE A TITLE LOAN, YOUR VEHICLE WILL BE PLEDGED AS
SECURITY FOR THE LOAN. IF YOU DO NOT REPAY THIS LOAN IN FULL,
INCLUDING ALL FINANCE CHARGES, YOU WILL LOSE YOUR VEHICLE.
THIS LOAN HAS A VERY HIGH INTEREST RATE. DO NOT COMPLETE A TITLE
LOAN TRANSACTION IF YOU HAVE THE ABILITY TO BORROW MONEY
FROM ANOTHER SOURCE AT AN INTEREST RATE LOWER THAN 2.5% PER
MONTH OR AN ANNUAL PERCENTAGE RATE OF 30%."
Sec. 21-62. -Maximum interest rate.
A secondhand dealer who engages in title loan transactions may not exceed the following
interest rates:
(a) A secondhand dealer may charge an interest rate not to exceed two and one-half (2.5)
percent per thirty-day period the title loan agreement remains outstanding and unsatisfied.
In determining compliance with the maximum interest and finance charges, the
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Agenda Item 8C
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computation must be simple interest and not add-on interest or any other interest
computation.
(b) If the title loan agreement has not been satisfied within three hundred sixty (360) days, a
secondhand dealer may charge an interest rate not to exceed eighteen (18) percent per
annum for the time the title loan agreement remains outstanding and unsatisfied beyond
three hundred sixty (360) days.
(c) The annual percentage rate that may be charged in a motor vehicle title loan may equal,
but not exceed, the annual percentage rate that must be computed and disclosed as
required by the federal Truth in Lending Act and Regulation Z of the Board of Govemors
of the Federal Reserve System. When the period for which the charge is computed is
more or less than one (1) month, the maximum rate for the period must be computed on
a basis of one-thirtieth ( 1/30 ) the applicable monthly interest rate, multiplied by the
number of days of the period.
(d) Any transaction involving a bonower's delivery of a motor vehicle certificate of title in
exchange for the advancement of funds on the condition that the borrower shall or may
redeem or repurchase the certificate oftitle upon the payment of a sum of money, whether
the transaction be characterized as a "buy-sell agreement", "sale-leaseback agreement",
or otherwise, shall be deemed a violation of this article if such sum exceeds the amount
that a secondhand dealer may collect in a title loan agreement under this atiicle or if the
terms of the transaction otherwise conflict with the permitted terms and conditions of a
title loan agreement under this article.
(e) Any fees or taxes paid to a state agency and directly related to an individual title loan
transaction may be collected from the bonower and shall be in addition to the pe1mitted
finance and interest charge.
(f) No charges, including interest, in excess of the combined total of all charges permitted
by this section shall be allowed.
Sec. 21-63.-Transaction satisfaction and default.
(a) When the title loan has been paid in full, the secondhand dealer must deliver to the bonower
a ce1iificate of title clear of all encumbrances placed upon the title by the secondhand dealer
within thirty (30) days of such payment in full.
(b) A secondhand dealer who engages in title loan transactions may take possession of the motor
vehicle upon the borrower's default under the title loan agreement. Unless the bonower
voluntarily surrenders the motor vehicle, the secondhand dealer may only take possession of
a motor vehicle through an agent licensed by the State of Florida to repossess motor vehicles.
(c) A secondhand dealer who takes possession of a motor vehicle pursuant to this section shall
comply with the applicable requirements ofF.S. Ch. 679, Pt. V.
(d) Disposition of the collateral or motor vehicle may be by public or private proceedings and
may be made by way of one (1) or more contracts. Sale or other disposition may be as a unit
or in patis and at any time and place and on any terms, but every aspect of the disposition,
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Agenda Item 8C
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including the method, manner, time, place and terms including surplus of the debt, must be
commercially reasonable.
Sec. 21-64.-Title loan lending license.
(a) No secondhand dealer may engage in business as a title loan lender six (6) months after the
effective date of this article unless the secondhand dealer has a valid title loan lending license
issued by the city. A separate title loan lending license will be required for each physical
location of the title loan business. The city shall issue more than one (1) title loan lending
license to an applicant if that applicant complies with the requirements of this pati for each
such license.
(b) An application for a title loan lending license pursuant to this pmi must be submitted to the
city on such f01m as the city may prescribe. If the city determines that an application should
be granted, it shall issue such license for a period not to exceed two (2) years. A non-
refundable application and license fee of one thousand two hundred fifty dollars ($1,250.00)
shall accompany an initial application for each title loan location.
(c) The city shall charge a biennial renewal fee of one thousand dollars ($1,000.00). A title loan
lending license that is not renewed at the end of each two-year period shall automatically
become inactive. An inactive license may be reactivated within ninety (90) days after the date
it became inactive upon the submission of a completed reactivation form and payment of a
reactivation fee not exceeding two hundred dollars ($200.00) and a biennial license fee of one
thousand dollars ($1,000.00). No inactive license may be reactivated after ninety (90) days.
(d) Each title loan lending license must specify the location for which it is issued and must be
conspicuously displayed at that location. When a licensee wishes to move a title loan office
to another location, the licensee shall give thirty (30) days prior written notice to the city by
certified or registered mail, return receipt requested, and the city shall then amend the title
loan lending license accordingly. A license issued pursuant to this part is not transferable or
assignable.
(e) Books, accounts and records; maintenance and examinations by the city:
(1) Each licensee shall maintain, at the principal place of business designated on the license,
all books, accounts, records and documents necessary to detetmine the licensee's
compliance with this pati.
(2) The city may authorize maintenance of records at a location other than a principal place
of business. The city may require books and records to be produced and available at a
reasonable and convenient location within the city.
(3) All books, accounts, records, documents and receipts for expenses paid by the licensee
on behalf of the bon·ower, including each contract signed by the borrower and expenses
incuned by the licensee in the event of foreclosure and property recovery, will be
preserved and kept available for examination by the city for two (2) years after the date
of original entry.
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Agenda Item 8C
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(4) The city may prescribe by mle the minimum information to be shown in the books,
accounts, records and documents of licensee so that such records will enable the city to
determine the licensee's compliance with this part.
(f) Each licensee shall designate and maintain an agent in this state for service of process.
(g) A licensee must apply to the city for a new title loan lending license upon a change in
ownership of twenty-five (25) percent or more by a natural person in any title loan location or
office. No application for a title loan lending license or an application for transfer of an
existing title loan lending license is required for any change, directly, or beneficially, in the
ownership of a title loan location if one (1) or more of the holders of at least seventy-five (75)
percent of the outstanding equity interest in the title loan location or office before the change
in ownership continue to hold at least seventy-five (75) percent of the outstanding equity
interest in the title loan location or office after the change in ownership.
(h) To be eligible for title loan lending license, an applicant shall:
(1) File with the city a bond in the amount ofthi1iy-five thousand dollars ($35,000.00) for
each license with a surety company qualified to do business in this state. In lieu of the
bond, the applicant may establish a ce1iificate of deposit or an irrevocable letter of credit
in a Florida financial institution in the amount of the bond. The original bond, ce1iificate
of deposit, or letter of credit shall be filed with the city and the city shall be the beneficiary
of such instmment. The bond, ce1iificate of deposit, or letter of credit shall be in favor of
the city for the use and benefit of any consumer who is injured in the context of a title
loan transaction by the fraud, misrepresentation, breach of contract, financial failure,
unfair or deceptive trade practice, disclosure violation or violations of any provision of
this pmi by the licensee. Such liability shall be enforced by the filing of a suit in a comi
of competent jurisdiction.
(2) Not have been convicted of a felony within the last ten (1 0) years or be acting on behalf
of a beneficial owner who has been convicted of a felony within the last ten (1 0) years.
(3) Not have been convicted, and not acting on behalf of a beneficial owner who has been
convicted, of a crime that the city finds directly related to the duties and responsibilities
of a title loan lender within the past ten (1 0) years.
(i) The city shall dete1mine the form of the title loan lending license.
G) No pmi of this miicle may be constmed to impair or affect the obligation of any title loan
agreement which was lawfully entered into prior to the effective date of the ordinance from
which this article derives (December 14, 1998).
(k) Licensees shall report changes in address, location or records, and any change of an executive
officer within thiliy (30) days of the change.
(1) In addition to the above, an applicant must also obtain any required occupational license.
Sec. 21-65.-Violations and penalties.
(a) The following acts are violations of this pali and shall constitute grounds for disciplinary
action:
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Agenda Item 8C
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(1) Failure to comply with any provision of this pmi, rule adopted under this pmiy by the
city, or any written agreement entered into with the city.
(2) Fraud, misrepresentation, deceit or gross negligence in any title loan transaction.
(3) Fraudulent misrepresentation, circumvention, or concealment of any matter required to
be stated or furnished to a consumer pursuant to this pmi.
(4) Willful imposition of illegal charges on any title loan transaction.
(5) False, deceptive or misleading advertising by a licensee.
(6) Failure to maintain, preserve and keep available for examination all books, accounts and
other documents required by this pmi, state or federal law, or by any agreement entered
into with the city.
(7) Aiding, abetting or conspiring with an individual to circumvent or violate any of the
requirements of this part or state or federal law.
(8) Refusal to permit inspection of books or records in an investigation or examination by
the city or refusal to comply with a subpoena issued by the city.
(9) Criminal conduct in the course of a licensee's business as a title lender.
(1 0) Knowingly entering into a title loan agreement with a person under the age of eighteen
(18) years.
(11) Making any agreement requiring or allowing for the personal liability of a pledgor or the
waiver of any of the provisions of this pmi.
(12) Knowingly entering into a title loan agreement with any person who is under the influence
of drugs or alcohol when such condition is visible or apparent, or with any person using
a name other than his own or the registered name of his business.
(13) Entering into a title loan agreement in which the amount of money advanced in
consideration for the loan secured by any single certificate of title exceeds one-third ( 1/3
) of the value of the motor vehicle. The city shall determine the method of assessing the
value of the pledged propetiy.
(14) Failure to exercise reasonable care in the safekeeping of the cetiificate of title or motor
vehicle repossessed pursuant to this pmi.
(15) Failure to return the cetiificate of title or motor vehicle taken into possession to a
borrower with any and all of the title lender's liens on the propetiy properly released
within thiliy (30) days of the payment of the full amount due, unless the property has
been seized or impounded by an authorized law enforcement agency, taken into custody
by a comi, or othetwise disposed of by comi order.
( 16) Charging or receiving any finance charge, interest, cost or fee which is not permitted by
this part.
(17) Engaging in business as a title lender without first securing the required license.
(18) Refusing to accept partial repayment of the amount financed when all accrued finance
charges have been paid.
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Agenda Item 8C
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(19) Charging a prepayment penalty.
(20) Capitalizing any unpaid finance charge as part of the amount financed in the renewal of
a title loan agreement.
(21) Acting as a title loan lender in the city six ( 6) months after the effective date of the
ordinance from which this article derives (December 14, 1998) without a cunent, active
license issued by the city pursuant to this part.
(22) In any practice or transaction or course of business relating to the making of a title loan,
negotiation, promotion, adve1iisement or hypothecation of a title loan transaction, directly
or indirectly:
(i) To knowingly or willingly employ any devise, scheme or miicle to defraud;
(ii) To engage in any transaction, practice or course ofbusiness which operates as a fraud
upon any person in connection with the purchase or sale of any title loan;
(iii) To obtain prope1iy by fraud, willful misrepresentation of a future act or false promise.
(23) In any manner within the jurisdiction of the city to knowingly and willfully falsify,
conceal or cover up by a trick, scheme or devise a material fact, make any false or
fraudulent statement or representation, or make or use any false writing or document,
knowing the same to contain any false or fraudulent statement or entry.
(24) Commission of fraud, misrepresentation, concealment, dishonest dealing by trick,
scheme or device, culpable negligence, or breach of trust in any title loan transaction in
the city; or aiding, assisting or conspiring with any other person engaged in any such
misconduct and in fu1iherance thereof.
(b) Upon a finding by the city that the licensee or applicant has committed any of the acts set forth
in subsection (a) hereof, the city may enter an order and take one or more of the following
actions:
(1) Deny the application for license pursuant to this article.
(2) Revoke or suspend a license previously granted pursuant to this part.
(3) Place a licensee or applicant for a license on probation for a period of time and subject to
such conditions as the city may specify.
(4) Issue a letter of concern or reprimand.
(5) Place permanent restrictions or conditions upon issuance or maintenance of a license
pursuant to this miicle.
(6) Impose an administrative fine not to exceed two thousand five hundred dollars
($2,500.00) for each violation of this pmi.
(7) The city shall be entitled to a reasonable attorney's fee, including appellate fees and costs,
in an action successfully enforcing any fine imposed under this pmi.
(c) When the city has reasonable cause to believe that a licensee is operating in violation of this
part, it may bring a civil action in any court of competent jurisdiction to enforce or administer
this pmi, including a temporary or permanent injunction, or appointment of a receiver.
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Agenda Item 8C
March 27, 2017
(d) The city may adopt rules which set forth with specificity acts or practices which violate this
part and which prescribe procedural rules for the administration of this part.
Sec. 21-66. -Transition period for regulations, restrictions and licensure provisions.
Each secondhand dealer operating as a title loan lender on the effective date of the ordinance
from which this article derives (December 14, 1998) shall have six (6) months from the effective
date of the ordinance to comply with the regulations, restrictions and licensure provisions of this
part before the city may initiate any administrative or civil action, or refer a matter for criminal
prosecution.
Sees. 21-67-21-74.-Reserved.
ARTICLE V. -VEHICLES FOR HIRE
Sec. 21-75. -Definitions.
Whenever used in this article, the following words and terms shall have the following
meanmgs:
Driver includes every individual operating a vehicle for hire either as owner, agent, employee,
or otherwise pursuant to a local business tax receipt issued as herein provided.
Vehicle for hire shall mean all motorized vehicles defined and classified in section.
Street shall mean and include all public streets, avenues, boulevards, alleys, lanes, highways,
sidewalks, public parks, parking roads, and other public places laid out for the use of vehicles.
Taximeter shall mean a mechanical or electronic device which calculates and displays a
predetermined rate and indicates the charge for hire of a taxicab and which also records and
indicates a fare, rate or charge based on waiting time, extra passengers, initial charge and other
fares, rates or charges.
Transport shall mean to operate or cruise over the streets of the city and its adjacent teiTitory
for the purpose of moving passengers or goods from one (1) point to another.
Sec. 21-76.-Classification of vehicles for hire.
For the purpose of construing and applying the terms of this chapter all motorized vehicles
which operate over and upon the streets and driveways of the city for the transportation of person( s)
for compensation shall be classified and defined as follows:
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Agenda Item 8C
March 27, 2017
(a) Bus. Any bus, omnibus or other vehicle designed and constructed to comfmiably
transport seven (7) or more persons, which is not used for regularly conducted amusement
rides or sight-seeing tours, and is not operated by another governmental agency.
(b) Cruising car. Any vehicle for hire based upon a pre-established schedule of flat charges
rather than by taximeter calculation, with an open touring or sedan body, designed and
constructed to comfortably transpmi not more than six (6) persons, including the driver.
(c) Limousine. A vehicle for hire only by prearrangement at a rate charged per hour, or fixed
in advance, and is a chauffeured, luxury class passenger vehicle that is built or modified
for the purpose as a limousine.
(d) Sightseeing cars. A vehicle for hire designed and constructed to seat seven (7) or more
persons used in regularly conducted sightseeing trips, which originate from and terminate
at a single specified point, the destination or route of which is not under the direction of
the passenger or passengers transported therein; which is not used as a means of local
transpmiation within the city; and which neither receives nor discharges passengers along
its routes.
(e) Taxicabs. Any vehicle which is rented from a stand in the street or from a private station
or garage, the destination and route of which is under the direction of the passenger or
passengers transpmied therein, and fitted with a taximeter or other mechanical device by
which the charge for hire is mechanically calculated by measuring and recording either
the distance traveled with such vehicle or the waiting time or both.
(f) Van. Any vehicle recognized as either a full-size passenger van or a passenger vehicle on
a van or truck chassis. The term shall not include a cargo or panel van.
Sec. 21-77.-Manner of advertising
No driver of a vehicle for hire shall be permitted to advertise such business before the public
under any other name or names than the specified name or names recited in the particular business
tax receipt under which such holder is authorized to engage in the business of the transpmiation
of person(s) for compensation.
Sec. 21-78.-Printed matter appearing on a vehicle for hire, (except limousines); certain
information required; advertising regulated.
(a) The name of the company or finn operating a vehicle for hire shall be permanently displayed
on both the right and left sides and the rear of the vehicle so that the name shall be plainly
visible, with lettering at least four (4) inches in height, and made to reflect lights shined on
them in the dark.
(b) Each vehicle for hire shall have attached to the outside left rear portion of the vehicle the
numbered medallion issued by the City of Jacksonville.
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Agenda Item 8C
March 27, 2017
(c) Advertising matter on vehicles for hire shall be attached to the vehicle so that no pmiion
extends below the bumper or beyond either side, and so as not to interfere in any manner with
full vision through the rear window of the vehicle.
Sec. 21-79.-Inspection of vehicles.
It shall be the duty of every driver to subject the vehicle to a complete and thorough inspection
as required by the City of Jacksonville. Written cetiification of such inspection shall be maintained
in the vehicle while operating in the City of Atlantic Beach.
Sec. 21-80.-Equipment and safety requirements for vehicles for hire.
All vehicles in service as vehicles for hire shall have the following equipment on each vehicle,
which equipment shall be maintained in good working condition.
(a) Front and rear lights meeting state standards and a dashboard light that will indicate when
any of the vehicle's doors are not securely closed;
(b) Adequate brakes on all wheels;
(c) Tires of the quality of original equipment as specified by the manufacturer, or better;
(d) Speedometer in good working order;
(e) Leather, vinyl, or some similar nonabsorbent fabric upholstery which can be easily
cleaned and shall be free of tears and cuts;
(f) Seatbelts for the driver and all passengers;
(g) An unexpired A, B, C type fire extinguisher (minimum size of two and one-half (2.5)
lbs.);
(h) Adequate heater and air conditioner;
(i) All seats in a shuttle vehicle shall be factory installed only;
G) Except for limousines, there shall be no shades, blinds or curtains between the rear seat
or seats and the driver's seat, nor shall any shades, blinds or curtains shield the occupants
or the for-hire driver from observation or obstruct the view through the rear window.
All vehicles for hire shall be maintained in a clean, well-painted manner so as to provide a
generally good appearance. It shall be unlawful to operate any vehicle as a vehicle for hire which
does not comply with the provisions of this section.
Sec. 21-81. -Meters required for taxicabs.
(a) Every taxicab operating as a metered taxicab shall have affixed thereto, in operating condition,
a taximeter.
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Agenda Item 8C
March 27, 2017
(b) The face of every taximeter shall be visible from the passenger compatiment of every taxicab
at all times and, after sundown, shall be illuminated by a suitable light so ananged as to throw
a continuous steady light thereon.
(c) No taxicab shall be permitted to operate as both a metered and non-metered (zone rate)
vehicle. Each vehicle shall be identified in a manner to designate its status as a metered or
non-metered vehicle.
Sec. 21-82.-Drivers ofvehicles for hire.
Unless otherwise enumerated in this atiicle all drivers of vehicles for hire, while operating in
the City of Atlantic Beach, will adhere to the for "For-Hire Drivers" of Duval County, as set fmih
in the Code of Ordinances, City of Jacksonville, chapter 220.
Sec. 21-83.-Engaging in criminal activity.
Engaging in criminal activity while operating a vehicle for hire within the City of Atlantic
Beach may result, in addition to any charges under Florida State Statute, in civil fines as contained
within section 21-85 below. These activities include, but are not limited to the following:
(a) Transpmiing passengers for the purpose of engaging in narcotic or prostitution activity;
(b) Allowing narcotic or prostitution activity to occur inside the vehicle for hire.
Sec. 21-84. -Rates and charges.
(a) Schedule of rates to be posted. There shall be posted in every vehicle for which a local
business tax receipt is issued under this atiicle, and in full view of the passengers in plain
conspicuous letters, a schedule of rates, charges and fares which shall be binding upon the
operator of the vehicle and any collection of rates, fares or charges, in excess thereof shall
constitute a misdemeanor.
(b) Charging rates in excess of posted rates. No driver of a vehicle for hire shall charge or demand
from any customer any sum of money in excess of those rates or charges posted in such
vehicle.
(c) When rates not to be charged. No charge shall be made for time lost or distance traveled while
a vehicle for hire is disabled. No charge shall be made for traveling empty while en route to
pick up a passenger unless the person requesting the vehicle for hire refuses to hire it after it
arrives, in which case a charge equal to the minimum rate under the schedule filed by the
owner pursuant to this subpart for the distance traveled empty may be collected.
Sec. 21-85. -Citations authorized; penalties provided.
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Agenda Item 8C
March 27, 2017
Violations of this chapter shall be punishable by fines as follows:
(a) First offense: (The current offense is the first offense if there have been no other citations
within the preceding twelve (12) months.) One hundred dollars ($100.00); however, if
not paid within fourteen (14) calendar days, the fine increases to one hundred and fifty
dollars ($150.00);
(b) Second offense; (The current offense is a second offense if there has been only one (1)
previous citation within the preceding twelve (12) months.) Two hundred and fifty dollars
($250.00); however, if not paid within fomieen (14) calendar days, the fine increases to
three hundred dollars ($300.00);
(c) Third and subsequent offenses: (The culTent offense is a third or subsequent offense if
there have been two (2) or more previous citations within the preceding twelve (12)
months.) Five hundred dollars ($500.00). If not paid within fomieen (14) calendar days,
then the right to operate within the City of Atlantic Beach shall be suspended until the
fine is paid or thitiy (30) days, whichever is later.
ARTICLE VI. -INOPERABLE AND WRECKED VEHICLES
Sec. 21 -86. -Intent.
It is the intent of tllis Article to regulate inoperable or wrecked vehicles on private
property , which have been fotmd to be a public nuisance detrimental to the health , safety
and welfare ofthe inhabitants ofthe city.
Sec. 21 -87.-Limitations on inoperable and wrecked vehicles.
No inoperable or wrecked motor vellicle shall be parked , stored or otherwise kept on any
private propetiy for a period longer than seventy-two (72) continuous hours as observed
and documented on at least two separate days by an enforcement officer; except when one
(1) or more of the following conditions apply:
(a) The vehicle is within a fully enclosed building;
(b) The vehicle is on the premises of a business where the location and use of the land has
been approved by the City.
Sec. 21 -88. -Enforcement.
Violations of Section 21 -88 shall require the following actions by the enforcement officer:
(a) A notice shall be posted upon the motor vellicle in violation . The notice shall not be
less than eight (8) inches by ten (1 0) inches and shall be sufficiently weatherproofed
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Agenda Item 8C
March 27, 2017
to withstand normal exposure to the elements for ten (1 0) days and shall contain the
following :
NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN
THE ATTACHED PROPERTY This prope1ty, to wit: (setting fmih brief
description) located at (setting forth brief description of location) is in
violation of (set fmih ordinance or regulation violated) and must be
removed or made compliant within ten (1 0) days from the date of this
notice; otherwise it shall be removed by the order of the city . The owner
of the motor vehicle shall be liable for the costs of removal and storage.
Dated this: (set fmih date of posting of notice)
Signed: (set fmih name, title, address and telephone number of enforcement
officer)
(b) On the date of notice posting a ce1iified letter notifying them of the violation shall be
sent to the real property owner of the property where the vehicle is located, whose
name and address is known by reference to the latest ad valorem tax records published
by the cotmty property appraiser.
(c) When possible , a ce1iified letter notifying them of the violation shall be sent to the
owner of the motor vehicle in violation on the date of notice posting.
(d) If the violation has not been conected within 10 days of notice posting, the
enforcement officer shall have the motor vehicle removed from the prope1iy as set
forth in Aliicle 3 of this chapter and shall notify the Police Department immediately
in a manner as prescribed by the Chief of Police .
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Agenda Item 8C
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