3861ORDINANCE NO. 3861
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, RELATING TO TOWING OF
MOTOR VEHICLES AND WRECKER SERVICES; PROVIDING FOR LEGISLATIVE
FINDINGS; PROVIDING FOR A CITY WRECKER OPERATOR SYSTEM AS DEFINED
BY STATE LAW; PROVIDING FOR THE DELEGATION TO THE CITY MANAGER THE
POWER AND AUTHORITY TO ENGAGE WRECKER OPERATORS IN CONTRACTUAL
RELATIONSHIPS IN A WRECKER OPERATOR SYSTEM BASED UPON ROTATION;
PROVIDING FOR CONFLICTS AND REPEALING SECTIONS 17-56 THROUGH 17-76
PROVIDING FOR CODIFICATION;
OF THE CITY OF SANFORD CITY CODE;
PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.
and
WHEREAS, Section 166.043(c), Florida Statutes, provides that:
"Counties must establish maximum rates which may be charged on the
towing of vehicles from or immobilization of vehicles on private property,
removal and storage of wrecked or disabled vehicles from an accident
scene or for the removal and storage of vehicles, in the event the owner
or operator is incapacitated, unavailable, leaves the procurement of
wrecker service to the law enforcement officer at the scene, or otherwise
does not consent to the removal of the vehicle. However, if a municipality
chooses to enact an ordinance establishing the maximum fees for the
towing or immobilization of vehicles as described in paragraph (b), the
county's ordinance established under s. 125.0103 shall not apply within
such municipality."
WHEREAS, the Board of County Commissioners of Seminole County has
enacted provisions of the Seminole County Code to implement the provisions of
Section 166.043(c), Florida Statutes, and such provisions are as set forth in Chapter
45, Part 4, Seminole County Code (the "Seminole County Towing Ordinance"), and
provide for rate regulation of towing services and wreckers and other pertinent matters;
and
WHEREAS, the provisions of Section 45.123, Seminole County Code, provides
for the maximum rates for towing services in Seminole County; and
WHEREAS, the City Commission of the City of Sanford has concluded that it
does not desire to enact an ordinance as described in Section 166.043(c), Florida
Statutes, establishing the maximum fees for the towing or immobilization of vehicles
within the City thereby opting out from the force and effect of the provisions of the
Seminole County Code; and
WHEREAS, wrecker operators are adequately regulated by the provisions of
Chapter 323, Florida Statutes, and are defined in that Chapter and Section 1.01 (15),
Florida Statutes; and
WHEREAS, the City Commission of the City of Sanford has concluded that
wreckers operators are appropriately regulated by State and County law and that the
enactment of this Ordinance will adequately protect the public health, safety and
welfare of the citizens of the City of Sanford by providing for the administrative authority
of the City Manager to implement a City wrecker operator system through the entering
of contracts with qualified wrecker operators.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
SANFORD, FLORIDA:
SECTION 1. LEGISLATIVE FINDINGS. The above recitals are adopted by the
City Commission as the legislative findings of the City Commission of the City of
Sanford relative to the enactment of this Ordinance.
~ECTION 2. CITY WRECKER OPERATOR SYSTEM. The City Commission of
the City of Sanford hereby delegates to the City Manager, or his designee, the power
and authority to engage in contracts with authorized wrecker operators, under such
terms and conditions as he, or his designee, may deem appropriate to implement a City
wrecker operator system, as defined in Section 323.002(1 )(c), Florida Statutes,
providing for a rotation system of qualified wrecker operators to serve the needs of the
City in accordance with the general provisions of Chapter 323, Florida Statutes, and
other applicable law.
SECTION 3. CODIFICATION. It is the intention of the City Commission of the
City of Sanford, Florida, and it is hereby ordained, that the provisions of this Ordinance
shall not be codified.
SECTION 4. CONFLICTS/REPEALER. All ordinances or parts of ordinances in
conflict be and the same are hereby repealed and the provisions of Sections 17-56
through 17-76 of the City of Sanford City Code are hereby specifically repealed.
SECTION 5. SEVERABILITY. If any section, sentence, phrase, word, or portion
of this Ordinance is determined to be invalid, unlawful or unconstitutional, said
determination shall not be held to invalidate or impair the validity, force or effect of any
other section, sentence, phrase, word, or portion of this Ordinance not otherwise
determined to be invalid, unlawful, or unconstitutional.
SECTION 6. EFFECTIVE DATE. This Ordinance shall take immediate effect
upon enactment.
PASSED and ADOPTED this 26th day of April, 2004.
City Commission of the City of
Attest:
ugherty, Cit~Clerk, ~'
I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby
certify that a true and correct copy of the foregoing Ordinance No. 3861, PASSED AND
ADOPTED by the City Commission of the City of Sanford, Florida, on the 26th day of April,
c~, was posted at the front door of the City Hall in the City of Sanford, Florida, on the
day of April, 2004.
gherty, C~y Clerk