Agenda 07/07/2015 Item #16H17/7/2015 16.H.1.
EXECUTIVE SUMMARY
Request to advertise an ordinance amending Ordinance No. 2008 -47, as amended, relating
to the Collier County Non - Consent Towing, Private Property Towing, Immobilization and
Storage of Vehicles Ordinance, to be brought back at a subsequent meeting for adoption.
OBJECTIVE: To advertise an ordinance amending Ordinance No. 2008 -47, as amended, in
order to provide improvements to the regulation of towing within Collier County.
CONSIDERATIONS: On September 9, 2008, the Board of County Commissioners adopted
Ordinance No. 2008 -47, which was subsequently amended in 2010 by Ordinance No. 2010 -30.
These ordinances provided for the regulation of towing and immobilization companies in
accordance with Florida law with the goal of ensuring safe and fair towing practices within
Collier County.
The attached Proposed Ordinance amends Ordinance No. 2008 -47, as amended, prohibiting
unauthorized activity on the part of towing and immobilization companies in Collier County and
providing for better enforcement of county towing regulations.
The proposed amendment makes the following substantive changes:
• Refines the list of persons who may act as an authorized agent of a property owner,
homeowners' association, or condominium association for the purpose of calling in
improperly parked vehicles on private property to ensure that authorized agents are not
related to or employees of towing companies.
• Clarifies the requirements of contracts between property owners and towing companies to
allow for vehicles to be towed from private property. Added inspection, retention and
renewal requirements.
• Adds additional documentation required on towing tickets in order to recover extra time
on scene.
• Adds a definition of Inside Storage to make sure that vehicles /vessels that are to be stored
inside are done so property.
• Adds the requirement that the pick -up location must be defined on the ticket in order to
collect mileage charges for law enforcement directed tows.
• Adds a definition of Service Calls to allow for a reduced fee to be charged where a
vehicle may be repaired on scene without towing, such as changing a flat tire, providing
gas or using jumper cables. An updated Fee Resolution will be brought back to the Board
for consideration to add the correlating fee.
• Requires that companies accept payment in the form of cash, cashier's checks, money
orders, bank debit, and major credit cards.
• Requires that vehicles towed in Collier County shall be stored at a facility within Collier
County.
• Requires that tow ticket and receipt be legible.
[99.0051/1184098/1]
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• Provides that all tow companies post a placard in every truck indicating that they carry
the required insurance and to name the Collier County Sheriffs Office as a notified party
and /or certificate holder on the policy.
• Provides that the owner or authorized person be given an opportunity to contact their own
towing provider from the scene of an accident.
• Adds Section on Deceptive and Unfair Trade Practices.
• Enhances penalties section with the aid of the Collier County Sheriff's Office.
Upon approval of this item, the Proposed Ordinance will be advertised for adoption at a later
Board meeting. At such meeting, the Board will be presented with an updated Fee Resolution
which will incorporate the added fees for Service Calls, as referenced above.
Attached for the Board's reference are three documents: (1) the Proposed Ordinance to be
adopted, (2) a full- length version of the Towing Ordinance with the reasons for each of the
proposed amendments highlighted throughout, and (3) a copy of the proposed changes to the Fee
Resolution to be adopted along with the Proposed Ordinance.
FISCAL IMPACT: The cost of advertising this Ordinance is approximately $500.00.
LEGAL CONSIDERATIONS: This item has been prepared and approved as to form and
legality and requires a majority vote for Board approval. — ERP
RECOMMENDATION: That the Board of County Commissioners approves the advertising
of the Proposed Ordinance, as attached, to be heard a subsequent public meeting for adoption.
Prepared by: Commissioner Donna Fiala, District 1
Attachments: (1) Proposed Ordinance, (2) Full- length Towing Ordinance with Amendments,
and (3) Proposed Fee Resolution
[99.0051/1184098/11
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16. H. 16. H. 1.
Item Summary: Request to advertise an ordinance amending Ordinance No. 2008 -47, as
amended, relating to the Collier County Non - Consent Towing, Private Property Towing,
Immobilization and Storage of Vehicles Ordinance, to be brought back at a subsequent meeting
for adoption. (Commissioner Fiala)
Meeting Date: 7/7/2015
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, County Managers Office
6/22/2015 1:54:10 PM
Submitted by
Title: Executive Secretary to County Manager, County Managers Office
Name: BrockMaryJo
6/22/2015 1:54:11 PM
Approved By
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 6/22/2015 2:40:17 PM
Name: IsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 6/29/2015 1:40:32 PM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 6/29/2015 3:50:40 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/30/2015 9:52:10 AM
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Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 6/30/2015 10:40:45 AM
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RESOLUTION 2015-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY PURSUANT TO ORDINANCE NUMBER 2015-
, SUPERSEDING AND REPLACING RESOLUTION NUMBER
2010 -144, ESTABLISHING MAXIMUM FEES FOR NON - CONSENT LAW
ENFORCEMENT TOWING, PRIVATE PROPERTY TOWING, THE USE
OF IMMOBILIZATION DEVICES, AND THE STORAGE OF
VEHICLES/VESSELS AND RELATED FEES.
WHEREAS, the Board of County Commissioners adopted Ordinance No. 2015- ,
which empowers the Board to establish, adjust or make future changes to the maximum rate for
the towing, immobilization, and storage of vehicles /vessels and other related fees, as authorized
by Section Four of that Ordinance, by Resolution; and
WHEREAS, Ordinance No. 2015- incorporated additional provisions which
allowed the Board to set specific fees for service calls, and the Board wishes to provide for such
fees by superseding Resolution No. 2010 -144 with this Resolution; and
WHEREAS, The Board has considered, reviewed and approved of the maximum fee rate
structure pertaining to the towing, immobilization and storage of vehicles /vessels herein and
finds those rates to be fair and appropriate.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. All Terms contained herein shall be as previously defined in Ordinance No. 2015-
2. The maximum rate chargeable for private property tows shall be as follows:
Private Property Tow Rate
Class A Tow $125.00 Flat Rate
Class B Tow
Class C Tow
$195.00 Flat Rate
$277.00 Flat Rate
Class D Tow $390.00 Flat Rate
*Rate if released on scene if one -half (1/2) of posted rate for specific tow service.
Pagel U4
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3. The maximum rate chargeable for law enforcement directed tows shall be as
follows:
Law Enforcement Directed Tow Rate
Class A Tow
Base Rate $150.00
Mileage Rate $6.50
Class B Tow
Base Rate $222.00
Mileage Rate $7.75
Class C Tow
Base Rate $333.00
Mileage Rate $9.00
Class D Tow
Base Rate $477.00
Mileage Rate $9.00
The mileage charge for all law Enforcement Directed Tows is based upon the distance from the
location of the scene to the tow truck company's storage facility. All information required by
Ordinance No. 2015- to be placed on the towing ticket must be present in order to collect
mileage charges.
4. The maximum rate chargeable for daily outdoor and indoor storage rates shall be
as follows:
Daily Outdoor Storage Rate
Personal Vehicles* $40.00
Class B Towed Vehicles and Higher
$75.00
Daily Indoor Storage Rate
Personal Vehicles* $50.00
Class B Towed Vehicles and Higher $100.00
* Includes motorcycles, ATVs, scooters, etc.
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Storage charges shall begin six (6) hours after arrival at the towing company location and will
accrue in twenty -four (24) hour intervals starting each day thereafter from the time of original
arrival to the storage location (e.g., car towed in for storage at 6:00 p.m., between 6:00 p. m. and
12 a.m. no storage charge applies, at 12:01 a.m. charges for day one storage begins, the next day
at 6:01 p.m. the second day of storage begins), as also set forth in Section Four of the Ordinance.
5. Immobilization Rate: Except as otherwise provided in the Ordinance, the
maximum rate chargeable for releasing an immobilized vehicle on private property shall be as
follows:
One hundred dollars ($100.00) for every immobilization properly conducted in accordance with
the Ordinance. Immobilizing companies shall accept payment in the form of cash, money orders,
cashier's check, bank debit cards, and major credit cards.
6. Late Hour Gate Fee Rate: Except as otherwise provided in the Ordinance, the
maximum rate chargeable for late hour gate fees shall be as follows:
If an owner or authorized agent seeks to recover a towed/stored vehicle /vessel or property within
such vehicle /vessel during the weekday between the hours of 6 p.m. and 8 a.m. or over the
weekend after 6:00 p.m. Friday through 8 a.m. Monday, a sixty -five dollar ($65.00) late hour
gate fee will apply.
7. Service Call Towing Fee: If a tow truck company responds to a law
enforcement- directed tow and the tow truck operator is able to fix the disabled vehicle without
requiring the vehicle to be towed away from the scene (e.g. changing a tire, jump, etc.), a $75.00
fee shall be imposed for the services rendered by the tow truck operator. If the service call is on
either Interstate 75 or U.S. 41 and east of SR 29 the allowable fee shall be $125.00 and a mileage
charge of $3.00 per mile may be assessed from SR 29 (Mile marker 80 on I75) to the scene
location.
8. Extra Time on Scene Charee: The first one -half (1/2) hour of service is to be
included in the initial cost of providing law enforcement - directed towing services. After the first
one -half (1/2) hour, an additional charge in the amount of 25% of the applicable towing rate shall
be charged in fifteen (15) minute intervals.
In order to be compensated for the extra time on the scene, the tow truck operator must
show a signed invoice from the law enforcement officer at the scene validating that such extra
time was justified.
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9. Administrative Lien Fee: The maximum rate chargeable as an Administrative
Lien Fee shall be as follows:
An administrative lien fee shall only be charged after the vehicle has been in the storage facility
or immobilized for at least five (5) calendar days and after all other requirements as provided in
the Ordinance have been met. The maximum rate chargeable as an administrative lien fee shall
be the sum of one hundred dollars ($100.00).
10. Underwater Recovery Fees: An underwater recovery fee of one hundred dollars
($100.00) plus actual costs may be charged when performed by a certified/ professional diver
when supported by written documentation approved by the investigating law enforcement
officer.
11. Hazardous Material Clean -up and Disposal Fee: The prevailing rate for
cleaning up and disposing of hazardous materials when mandated or required through State or
local laws will be permitted upon written approval by the investigating law enforcement officer.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, on this the day of , 2015.
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk Tim Nance, Chairman
rove6 as to and legality:
mily R. P in
Assistant County Attorney
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ORDINANCE NO. 2015-
AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE 2008 -47, AS
AMENDED, RELATED TO THE REGULATION OF TOWING AND
TOWING COMPANIES; SPECIFICALLY AMENDING SECTION TWO
"DEFINITIONS "; SECTION FOUR, "MAXIMUM TOWING, STORAGE
AND RELATED RATES PERTAINING TO NON - CONSENT TOW
SERVICES, AS WELL AS, PRIVATE PROPERTY TOWING, IMPOUND
AND IMMOBILIZATION "; SECTION FIVE, "TOWING OR
IMMOBILIZATIONS WITH PRIOR EXPRESS INSTRUCTION OF REAL
PROPERTY OWNER OR AUTHORIZED AGENT AND /OR LAW
ENFORCEMENT AGENCY "; SECTION SIX, "NOTICE
REQUIREMENTS FOR REMOVING OR IMMOBILIZING
VEHICLESIVESSELS FROM AND ON PRIVATE REAL PROPERTY ";
SECTION SEVEN, "TOW TRUCK/IMMOBILIZATION COMPANY
REQUIREMENTS "; ADDING A NEW SECTION ENTITLED,
"DECEPTIVE AND UNFAIR TRADE PRACTICES "; AMENDING AND
RENUMBERING SECTION EIGHT, ."PENALTIES, ENFORCEMENT
AND SCOPE OF ORDINANCE "; PROVIDING FOR INCLUSION IN THE
CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT
AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners desires to amend Ordinance 2008 -47,
as amended, in order to prohibit any unauthorized activity on the part of towing and
immobilization companies in Collier County; and
WHEREAS, the Board of County Commissioners believes that the regulations proposed
in this Ordinance promote and enhance the health, safety and welfare of its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Collier County Ordinance
No. 2008 -47, as amended, is hereby amended as follows:
Section One: Amendment to Section Two entitled "Definitions."
Section Two of Ordinance Number 2008 -47, as amended, is hereby further amended as
follows:
Words Underlined are added; Words Struek Pwough are deleted.
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In case of ambiguity, F. S. § 1.01(15), can be referred to construe the intent of this article. As
used in this article, the respective words or phrases mean:
I * * * * *]
Authorized agent (for a property) means any designated representative agent err-
auther-ized agent for a real property owner or lessee who has written authority to sign for an
absentee owner, lessee or association board for the removal of a vehicle or vessel parked on real
private property. An authorized agent shall not mean the owner of the towing company, any
person employed by the towing company, nor any relative of the owner of employees of the
towing company whether agreed to by contract or otherwise. In addition, an authorized agent
May not be a security guard or a third -party contractor, unless otherwise expressly authorized in
a fully- executed contract as required by this Ordinance.
I * * * * *]
Completion of tow or removal shall mean thirty (30) minutes from the time the
vehicle /vessel was first moved by the tow truck operator from the position it was originally
upon arrival of the tow truck operator to the scene.
I * * * * *]
Extra time at scene shall mean any extra time beyond one -half ( %2) hour at an accident or
law enforcement scene, needed to safely remove a vehicle /vessel and shall also include the
Words Underlined are added; Words S#uek Thfough are deleted.
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Milk
Completion of tow or removal shall mean thirty (30) minutes from the time the
vehicle /vessel was first moved by the tow truck operator from the position it was originally
upon arrival of the tow truck operator to the scene.
I * * * * *]
Extra time at scene shall mean any extra time beyond one -half ( %2) hour at an accident or
law enforcement scene, needed to safely remove a vehicle /vessel and shall also include the
Words Underlined are added; Words S#uek Thfough are deleted.
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amount of time spent at a scene when a tow truck has been summoned and is on scene but unable
to proceed through no fault of the tow truck operator. All extra billable time shall be documented
by the tow truck operator and shall include the following information: (1) the name of the law
enforcement agency; (2) the law enforcement agency case number; (3) a detailed description of
the reason for the extra time required to remain at the accident scene; aPA (4) the officer's name
badge number; ,(5) the signature of the law enforcement officer at the scene; (6) the location of
the scene; and (7) the time of the call to the tow truck company, the time of arrival at the scene,
time of departure from the scene and the time of arrival of the tow truck at the storage facility.
The documentation shall also include a detailed explanation of the services rendered which
necessitated the additional charges. Extra time on scene shall be charged in fifteen- minute
increments.
I * * * * *]
Inside Storage means permanent weather-tight storage facilities, which must be available
for twenty -four (24) hour storage when weather or other conditions required inside storage for
the protection of the vehicle or personal property. A lean-to tent, storage container, a2Mort, tarp
or shed does not meet the requirements of this section. The area shall only be used for the
permanent inside storage of a vehicle when inside storage is requested by a Law Enforcement
agency or the vehicle owner.
I * * * * *]
Mechanical Connection means all of the following criteria are met:
For a flat bed truck tow: Four (4) wheels are on the flat bed; or for a wheel
lift tow: two (2) wheels are off the ground; and
The vehicle to be towed is completely secured with safety chains or a safety
strap; and
The tower is in complete control of the vehicle /vessel to be towed.
Mileage charge shall mean allowable charges for miles from the location of an accident
scene or scene of a rotation call authorized by a jurisdictional law enforcement agent to the
location of the company storage yard. In order to qualify for a mileage charge the pick -up
Words Underlined are added; Words Stmek ThFough are deleted.
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location must be defined on the ticket. Mileage charges are not reimbursable for private property
towing.
Non- consent towing means the recovery, towing, removal and storage of a vehicle /vessel
without authorization of the vehicle /vessel owner or authorized driver and shall include both
"Law Enforcement Officer Tows" and "Private Property lffq�s�Tows" as defined herein.
I * * * * *]
Private property impound ' or tow shall mean towing or removal of a vehicle /vessel
without the consent of the vehicle's owner or authorized driver when that vehicle /vessel is parked
on real property, as authorized by § 715.07, Florida Statutes, as may be amended, when the
authorized agent for the property or the owner of the property has requested removal of the
vehicle /vessel.
I * * * * *]
Service Calls shall mean a tow truck company in responding to a law enforcement -
directed tow in order to perform work that is able to be completed at the scene (e.g. changing a
tire jump etc.) for which a tow truck operator may charge a reduced fee in lieu of towing the
vehicle /vessel.
Towing company means any private partnership, corporation or other privately owned
business entity, including sole proprietor, engaged in the operation of towing vehicles /vessels by
means of a tow truck slide bed, wrecker or any other form of towing apparatus designated for the
purpose of transporting motor vehicles or vessels. This definition includes any person, company,
corporation, or other entity, which engages in, owns or operates a business that provides non -
consent towing, recovery, removal and storage of vehicles /vessels for compensation. A towing
company shall not share personnel and storage facilities with any other towing company.
I * * * * *]
Words Underlined are added; Words &msk Tbi--eegh are deleted.
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Section Two: Amendment to Section Four entitled "Maximum towing, storage and
related rates pertaining to non - consent tow services, as well as, private
property towing, impound and immobilization."
Section Four of Ordinance Number 2008 -47, as amended, is hereby further amended, as
follows:
(a) ,
does net lifait pass dffeuo ef an), -AdditiAnal towing, iwm%ebilizatien anEVer- steFage rvlmed fees
izbxaw of a tewing ef immebilizatieft eempany te Feeevef
aet"jy paid for- filing any f4m(s), taking any legal 7
rests. Except as established herein or as otherwise authorized by Florida law, as may be
amended, a towing company shall not charge the consumer for costs associated with nerformine
the towing and immobilization services, including administrative costs.
(b) The Board of County Commissioners shall, by resolution, establish maximum rates for
non - consent law enforcement towing, private property towing, storage, immobilization and
related services of towed vehicles /vessels, which may be amended from time to time as follows:
(1) Towing services per call, which shall include time from arrival on scene through
the first thirty (30) minutes on scene that the tow truck is actually engaging in the safe
removal of a vehicle /vessel.
(2) A mileage charge for law enforcement directed tows ONLY based upon the most
direct distance from the scene to the towing business' location W the seen° .,...a i.,aek.
(3) Storage charges that shall begin six (6) hours after arrival at the towing company
location and will accrue in twenty -four (24) hour intervals starting each day thereafter
from the time of original arrival to the storage location as indicated on the tow ticket
(e.g., car towed in for storage at 6:00 p.m., between 6:00 p.m. and 12:00 a.m. no storage
charge applies, at 12:01 a.m. charges for day one storage begins, the next day at 6:01 p.m.
the second day of storage begins), where:
Words Underlined are added; Words Lek 4bmttgh are deleted.
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a. Law enforcement has authorized the vehicle /vessel to be impeded
towed and stored; or
b. The appropriate law enforcement agency has been notified by the tow
truck company, within thirty (30) minutes after completion of such towing or removal,
that the tow truck company is in possession of a vehicle /vessel resulting from a private
property-impe,and tow per § 715.07, Florida Statutes.
(4) Indoor storage rates may only be charged upon the express direction and written
authorization of the driver or authorized person lien
holder, insurance company representative or investigating law enforcement agency. The
only exceptions to this rule are:
a. When the condition of the vehicle /vessel requires indoor storage due to
inclement weather conditions or the vehicle's window(s) and/or convertible top is down
and cannot be raised and indoor storage is necessary to protect the vehicle and its
contents; or
b. When a municipal or county jurisdiction requires indoor storage for towed
vehicles /vessels.
(5) An administrative/lien fee shall only be charged after the vehicle /vessel has been
in the storage facility for at least five (5) calendar days, and:
a. The law enforcement agency has prepared an incident report authorizing
the vehicle /vessel to be towed and stored impeded; or
b. The law enforcement agency has been notified by the tow truck company,
within 30 minutes after completion of such towing or removal, that the tow truck
company is in possession of a vehicle /vessel resulting from a private property tow
impeund tow per F.S. § 715.07; and
C. The tow truck company must show proof that lien letter(s) have been
prepared with the appropriate names and addresses (i.e., U.S. Mail Certification Number,
correspondence copies, etc.), thereby establishing that fees have actually been expended.
A towing _and immobilization company shall not charge the consumer separately for title
records conducting a lien search advertising costs, and certified mail notification where
such consumer is also charged an administrative fee.
Words Underlined are added; Words Stmok Through are deleted.
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(6) Underwater recovery performed by a certified/professional diver with the written
documentation and approval by the investigating law enforcement agency /officer on
scene.
(7) A late -hour gate fee may be applied to law enforcement tows ONLY between the
hours of 6:00 p.m. to 8:00 a.m. Monday through Friday, and may be gpplied on weekends
beginning at 6:00 p.m. Friday to and ending at 8:00 a.m. the following Mondayw
when:
a. impeunded Stored vehicles /vessels are recovered by the owner or
authorized person driver4age *_ during the aforementioned late -hour gate period; or
b. The owner or authorized person driver,4agea wishes to recover property
from the impeunded stored vehicle /vessel during the late -hour gate period. There shall
only be one gate fee charged per request, regardless of the number of vehicles /vessels the
person has in storage. There shall be no charge to any owner or authorized person
wishing to remove prescription medication and prescription eyeglasses from an
impounded stored vehicle /vessel. Tow truck operators may inform the owner or
~ authorized ep rson driver-/age of the vehicle /vessel that he /she may request that law
enforcement officer be present at the time agreed upon to recover the property sought. If
it is found that the authorized ep rson dfver4ageet of the vehicle /vessel made a false
request to recover prescription medication and/or prescription eyeglasses in order to
recover other items, the tow truck operator may impose a late -hour gate fee double the
rate allowed by this Ordinance.
(8) Hazardous material clean-up and disposal as required, mandated and/or licensed
through federal, state or local laws and approved by the investigating law enforcement
agency /officer.
(9) Rates for the release of an immobilization device.
(10) Rates for Service Calls, including, but not limited to Law Enforcement tows and
DMV tows.
(11) Rates for Extra Time on Scene.
(c) If the vehicle /vessel owner or authorized person arrives at the scene prior to the
vehicle /vessel being removed, immobilized or towed from the property, the vehicle /vessel shall
be disconnected from the tow truck or the immobilization device shall be removed and the
Words Underlined are added; Words Swask are deleted.
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vehicle /vessel owner or authorized person shall be allowed to remove the vehicle /vessel without
interference upon the payment of a reasonable service fee of not more than one -half (%2 ) of the
posted rate for such towing service drop charge) for which a receipt shall be given unless that
person refuses to remove the vehicle /vessel which is unlawfully parked In the case of an
immobilized vehicle the drop charge would be one -half of the established fee. No service fee
shall be demanded or paid if the vehicle was in the process of being immobilized but not vet
connected to the immobilization device. The bill /invoice must be presented to the vehicle /vessel
owner or authorized person prior to request for the payment. In the event the owner /driver of the
vehicle /vessel is occupying the vehicle /vessel and refuses to vacate same, in addition to the drop
charge a tow truck company /driver is permitted to charge extra time at the scene where law
enforcement involvement is necessary and the tow truck driver obtains the name of the law
enforcement agency, case number of the law enforcement agency and the name and badge
number of the investigating law enforcement officer. The tow truck driver shall also prepare
detailed documentation/explanation as to why "extra time at scene" charges were required. All
documentation shall be provided to the vehicle /vessel owner or authorized person upon demand.
(d) A tow truck company shall send the appropriately -sized tow truck in relation to the size
of the vehicle /vessel to be towed. If the appropriately -sized tow truck is not available by the to
truck company and a larger tow truck must be used, the tow truck company shall only charge that
rate that would have been charged if the proper tow truck was available. A towing company
shall not use a tow truck smaller than is reauired to tow a vehicle /vessel.
Section Three: Amendment to Section Five entitled "Towing or immobilization with
prior express instruction of real property owner or authorized agent
and/or law enforcement agency."
Section Five of Ordinance Number 2008 -47, as amended, is further hereby amended as
follows:
In addition to the other requirements of this article, no tow truck company shall, for
compensation, recover, tow, or remove a vehicle /vessel from real property, or provide storage in
connection therewith, nor shall a immobilization company immobilize a vehicle /vessel from real
Words Underlined are added; Words are deleted.
ZP-
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property, without the prior express instruction of the vehicle /vessel owner or authorized driver,
except in accordance with the following:
(1) Law enforcement - directed tow : Tow truck companies may for
compensation recover, tow or remove a vehicle /vessel based upon a law enforcement
directed tow without the prior express instruction of the vehicle /vessel owner or
authorized driver upon the prior express instruction of a law enforcement agency and in
accordance with the terms of any contracts or agreements between the tow truck
company and a governmental entity and/or law enforcement agency. All companies
providing towing owing in Collier County must have their storage facility and an office located
within the County. Further, any towed or removed vehicle or vessel must be stored at a
site within a 10 -mile radius of the scene unless no towing company providing services
under this section is located within a ten -mile radius in which case a towed or removed
vehicle /vessel must be stored at a site within twenty (20) miles of the point of removal
within Collier County. If no storage facility is within 20 miles of an accident scene, the
towing company shall store the vehicle at the closest possible storage facility to the
accident scene and the directing law enforcement officer should be notified in advance of
such conditions. A vehicle /vessel towed under this section must be stored within Collier
County unless exception is expressly made and authorized by a law enforcement officer
for towing companies responding to an accident scene which occurs at the Miami -
Dade /Collier County or Broward /Collier County border. The exceptions to the storage
radius set forth in this paragraph shall only apply to law enforcement directed tows.
If the owner or representative of the vehicle is at the scene of the accident
rendering the vehicle in question inoperable, the owner or representative may be given a
reasonable opportunity, at the officer's discretion, to contact their own towing provider
(i.e., AAA) to tow the vehicle to a storage facility of their choice, so long as the vehicle is
not blocking traffic and is located a minimum of fifteen 0 5) feet from the road.
(2) Private property tow impetffid: Tow truck or immobilization companies may
recover, tow, immobilize or remove a vehicle /vessel based upon a private property tows
impetm without the prior express instruction of the vehicle /vessel owner or authorized
driver, upon the prior express instruction of a real property owner or his authorized agent
on whose property the vehicle /vessel is disabled, abandoned or parked without
Words Underlined are added; Words Stmsl Piretilph are deleted.
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authorization or whose vehicle /vessel owner or authorized agent is unwilling or unable to
remove the vehicle /vessel, provided that the requirements of this article are satisfied. All
companies providing private property towing and/or immobilization in Collier County
must have their storage facility (tow truck companies only) and an office located within
the county. Further, any towed or removed vehicle or vessel must be stored at a site
within a 10 -mile radius of the point of removal within the county boundaries. If no
towing company providing services under this section is located within a ten -mile radius,
a towed or removed vehicle /vessel must be stored at a site within a twenty (20) mile
radius of the point of removal within Collier County. For those vehicles that are
removed from remote areas of Collier County (i.e. Port of the Isles, Everglades City or
points east of CR 951 along U.S. 41) the tolling of the 10 mile radius for storage is not
calculated until the tow truck is west of CR 951 or north of Interstate 75 along SR 29, if
there is no other storage facility that exists within a 10 mile radius. A person may not pay
or accept money or other valuable consideration for the privilege of towing, immobilizing
or removing vehicles or vessels from a particular location.
The tow truck or immobilization company recovering, towing or removing a
vehicle /vessel shall, within thirty (30) minutes of completion of such towing,
immobilization or removal, notify the appropriate law enforcement agency in which
jurisdiction the vehicle /vessel was parked of the nature of the service rendered, the name
and address of the storage facility where the vehicle /vessel will be stored or where the
vehicle is immobilized, the time the vehicle was secured to the towing vehicle /vessel or
immobilized, and the make, model, color and vehicle license plate number (if any) or
registration number of the vehicle /vessel. The tow truck or immobilization company shall
obtain the name and identification number of the person at the law enforcement agency to
whom such information was reported and note that name on the trip ticket.
For all vehicles /vessels removed or immobilized by a tow truck or immobilization
compan y at the request of a property owner or authorized agent, a private property tow or
immobilization ticket shall be completed and signed by the property owner or
representative at the time of the tow or immobilization that includes that individual's
driver's license number and the following information: the year, make, model, color and
vehicle identification number, the vehicle license plate number (if any), a statement of
Words Underlined are added; Words Simelthrettgh are deleted.
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any visible damage to the exterior of the vehicle /vessel, and an inventory of the visible
inventory of the vehicle /vessel initialed by the real property owner or his authorized
agent on whose property the vehicle is disabled, abandoned or parked without
authorization. Companies that do not remove the vehicle from its location and are only
providing immobilization services are not required to include an inventory of the contents
of the vehicle /vessel.
(3) Except as otherwise provided in this article, every prior express instruction made
in writing or in person shall indicate the date and time of the instruction and shall be
signed by the law enforcement officer with their Identification number for law
enforcement directed tows and by the authorized agent for private property tows. Pre -
signed tickets will not be accepted.
(4) Except as otherwise provided in this article, no such prior express instruction shall
be considered to have been given:
a. By the mere posting of signage as required by this article;
b. By virtue of the terms of any contract or agreement between a tow truck
company and a real property owner;
C. When the prior express instruction occurs in advance of the actual
unauthorized parking of the vehicle /vessel; or
d. Where the prior express instruction is general in nature and unrelated to
specific, individual and identifiable vehicles /vessels, which are already parked without
authorization.
(5) Each tow truck or immobilization company shall enter into a written contract with
every owner of private property that authorizes the tow truck or immobilization company
to tow or immobilize vehicles /vessels from its property. This written contract shall
include the beginning date of said contract, the names and titles of all persons (i.e.,
owner, property manager, condominium president, etc.) who have the authority to
appoint persons (authorized agents'
eta-) who can authorize prior express instruction to the tow truck or immobilization
company to remove, recover, immobilize or tow any vehicle /vessel from its property. The
written contract shall also include the name and current telephone number of the tow
truck or immobilization company performing the towing or immobilization service. Any
Words Underlined are added; Words Stmek Pweuo are deleted.
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addendum to the contract shall include additional names and titles as necessary. Contracts
shall remain 0 -to -date with the current property owner and authorized agents. No such
contract shall state that the tow truck company assumes the liability for improperly towed
vehicles /vessels, contrary to F.S. § 715.07(4). The tow truck or immobilization company
must keep on file each contract and addendum (if applicable) with the property owner.
Such contract shall be maintained for at least twelve (12) months after termination. Law
enforcement officers /agencies may inspect and request a copy of any and all such
contracts from the tow truck or immobilization company during normal business hours.
Copies of any and all contracts shall be sent to the law enforcement agency within forty -
eight 48) hours from the request if the law enforcement officer chooses for such
documents to be sent to the agency rather than inspected onsite. The tow truck or
immobilization company may not withhold production of the contract upon demand by
law enforcement officers /agencies. Failure to enter into or keep on file a contract with the
property owner shall be a violation of this article. All contracts that were entered into
prior to the effective date of this article shall accomplish the requirements of this
subsection by entering into an addendum to the current contract within six (6) months ene
(1) ye following the enactment of this Ordinance. Failure to maintain a contract with
Mdated information shall be a violation of this Ordinance on the part of both the property
owner and the tow truck company involved in any transaction. Each contract must be
annually renewed in writing containing fresh signatures and dates of renewal.
(6) Tow truck companies may not enter into a written contract with the owner of
private property that authorizes the tow truck company to tow vehicles /vessels from the
real property owner's property to a storage yard where the mileage restrictions have been
exceeded contrary to F. S. § 715.07(2)(a) 1, as may be amended from time to time.
(7) Real property owners or authorized agents ri ves shall not request the
recovery, tow, immobilization or the removal of vehicles /vessels that are reasonably
identifiable from markings or equipment as law enforcement, fire fighting, rescue squad,
ambulance, or other emergency vehicles which are marked as such or to property owned
by any governmental entity.
(8) Any person who improperly causes a vehicle /vessel to be recovered, towed, or
immobilized, removed or stored shall be liable to the vehicle /vessel owner or authorized
Words Underlined are added; Words Stmek hFet are deleted.
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agent °seatmive for the costs of the services provided, any damages resulting from
the recovery, towing, immobilization removal or storage and attorney's fees and court
costs.
(9) Except as otherwise provided in this ordinance or allowed by law, the practice of
placing a "boot" or other immobilization device on a vehicle is prohibited. When
placement of an immobilization device is allowed by law, immobilization shall occur in
accordance with the provisions of this ordinance or the provisions of any applicable
statute pursuant to which a vehicle is immobilized, as follows:
a. Only tow or immobilization companies licensed to conduct business in
Collier County and who are otherwise in compliance with all applicable Collier County
ordinances may immobilize vehicles.
b. The practice of placing a boot or other immobilization device on a vehicle
to hold for towing is strictly prohibited. No immobilized vehicle shall be towed by a
towing company until at least (6) hours have elapsed after the installation of the
immobilization device. In the event that a vehicle is lawfully booted or otherwise
immobilized and towed under this section, a separate fee for immobilization may not be
charged in addition to the towing fee; the maximum rate shall be limited to that which
may be charged for towing said vehicle as set forth herein.
C. When immobilization is accomplished by the placement of an
immobilization device on the vehicle, it shall be placed on the front wheel of the driver's
side of the vehicle. The immobilization device may only be placed on any other wheel or
vehicle part if placement on the driver's side front wheel is not feasible.
d. Immediately after a vehicle is immobilized, the person immobilizing such
vehicle, the owner of the property where the vehicle is immobilized, or an employee or
agent of such person or owner, shall affix upon each of the front windows adjacent to the
driver's and passenger's seats of such vehicle a sticker measuring eight by five (8 x 5)
inches, containing a warning that any attempt to move the vehicle may result in damage
to the vehicle and stating the name and business address of the person who immobilized
such vehicle as well as a business telephone number that will facilitate the dispatch of
personnel responsible for removing the immobilization device. The sticker will include
the Collier County ordinance number regulating the practice. Upon payment to remove
Words Underlined are added; Words £traslE -Tbfeugh are deleted.
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the immobilizing device, the immobilizing company shall completely remove the affixed
sticker.
e. Upon request of the immobilized vehicle's owner or authorized ep rson
dr-iveragent, and payment of any applicable fee, the tow truck or immobilization
company shall release the immobilized vehicle to the vehicle's owner or authorized
eU rson dr-ifin within one (1) hour.
Section Four: Amendment to Section Six entitled "Notice requirements for removing
and immobilizing vehicles /vessels from and on private real property."
Section Six of Ordinance Number 2008 -47, as amended, is hereby further amended as
follows:
I * * * * *]
Words Underlined are added. Words Souek Thfatigh are deleted.
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.. ... .. ..
... .. .... .. . .. ......
Mrl
1011111
~11
MM
NO
Words Underlined are added. Words Souek Thfatigh are deleted.
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Section Five: Amendment to Section Seven entitled "Tow truck/immobilization
company requirements."
Section Seven of Ordinance Number 2008 -47, as amended, is hereby further amended as
follows:
(c) Tow truck or immobilization companies providing services pursuant to this Ordinance
shall keep on file complete records of all current rates charged for the recovery, towing,
immobilization or removal of vehicles /vessels and storage provided in connection therewith.
Tow truck companies shall also display prominently at each storage facility the following
information: Signage which identifies the name of the towing company, a schedule of all charges
and rates for removal of vehicles /vessels for private property impeunds tows and /or the removal
of immobilization devices, a statement that the rates do not exceed the rates established and
authorized pursuant to this article and the rights afforded to a vehicle /vessel owner or authorized
person pursuant to state statutes. The above information shall be posted prominently
in the area designated by such tow truck companies to transact business. During business hours,
such area shall provide shelter, safety, and lighting adequate for the vehicle /vessel owner or
authorized ep rson dyer- /agent to read the posted rate schedule. Further, notice shall be posted
advising the vehicle /vessel owner or authorized ep rson driver4age of the right to request and
review a complete schedule of charges and rates for towing or immobilization services for the
jurisdiction in which the law enforcement order to tow was made.
I * * * * *]
(e) Tow truck or immobilization companies providing services pursuant to this article shall
advise any vehicle /vessel owner or authorized ep rson dfiver4age n who calls by telephone prior
to arriving at the storage facility or, in the case of immobilized vehicles, the immobilized
vehicle's location, of the following:
(1) Each and every document or other item which must be produced to retrieve the
vehicle /vessel;
Words Underlined are added; Words StFuok Flfough are deleted.
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(2) The exact charges as of the time of the telephone call, and the rate at which
charges accumulate after the call;
(3) The acceptable methods of payment; and
(4) The hours and days the tow truck company's storage facility is open for regular
business.
(f) Tow truck or immobilization companies providing services pursuant to this article shall
allow every vehicle /vessel owner or authorized en rson driver4aget to inspect the interior and
exterior of the towed/immobilized vehicle /vessel upon his or her arrival at the storage facility or
at the immobilized vehicle's location before payment of any charges. In the case of
immobilization companies, the immobilization device does not have to be removed until after
payment is rendered. With the exception of vehicles /vessels being held pursuant to the specific
request or "hold order" of a law enforcement agency, the vehicle owner or authorized ep rson
dr-iver,4agent shall be permitted to remove the vehicle license tag and any and all personal
property inside but not affixed to the vehicle /vessel.
(g) Companies providing services pursuant to this article shall not store or impound a towed
vehicle /vessel at a distance which exceeds a ten -mile radius of the location within Collier County
from which the vehicle /vessel was recovered, towed or removed unless no towing company
providing services under this section is located within a ten -mile radius, in which case a towed or
removed vehicle /vessel must be stored at a site within twenty (20) miles of the point of removal
within Collier County. All vehicles /vessels to be towed from within the geographical boundaries
of Collier County must be stored at a facility within the geographical boundaries of Collier
County, unless exception is expressly made and authorized by a law enforcement officer for
towing companies responding to an accident scene which occurs at the Miami- Dade /Collier
County or Broward /Collier County border.
(h) Tow truck companies providing services pursuant to this article shall maintain one (1) or
more storage facilities and shall maintain a current county occupational license and shall be open
for the purpose of redemption of vehicles /vessels by owners or authorized erp sons dr-iveE4aget
on any day that the tow truck company is open for towing purposes from at least 8:00 a.m. to
6:00 p.m., Monday through Friday and, when closed, shall have posted prominently on the
exterior of the storage facility and place of business, if different, a notice indicating a telephone
number where the tow truck company can be reached at all times. Upon request of the
Words Underlined are added; Wards Lek T are deleted.
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vehicle /vessel owner or authorized ep rson ant, the tow truck company shall release the
vehicle /vessel to the vehicle /vessel owner or authorized ep rson image within one (1) hour
unless the towing g ompany is required to hold the vehicle by the direction of law enforcement.
(i) Tow truck or immobilization companies shall not, as a condition of release of the
vehicle /vessel, require a vehicle /vessel owner or authorized ep rson ari= er4age ± to sign any
release or waiver of any kind which would release the tow truck or immobilization company
from liability for damages noted by the vehicle /vessel owner or authorized ep rson dfiver4age at
the time of the vehicle /vessel's release. An itemized, detailed, and signed receipt showing the
legal name of the tow truck or immobilization company removing or immobilizing the
vehicle /vessel shall be given to the vehicle /vessel owner or authorized ep rson a at the
time of payment, whether requested or not and such receipt must be legible.
6) Tow truck companies providing services pursuant to this article shall post a notice clearly
visible to the vehicle /vessel owner or authorized ep rson t seeking to recover his/her
towed vehicle /vessel, that if the owner or authorized ep rson driVe4egeHt believes he /she is being
overcharged for a non - consent tow or, he /she has the right to post a cash or surety bond (or other
adequate security equal to the amount of the charges for towing or storage) for the disputed
amount with the circuit court to obtain release of the vehicle /vessel. Upon the posting of the
bond as set forth in F.S. § 713.78, Florida Statutes, and payment of the applicable fee set forth in
F.S. § 28.24, the clerk of the court shall issue a certificate notifying the lienor of the posting of
the bond and directing the lienor to release the vehicle or vessel. The towing company is
obligated to release the vehicle upon a showing of proof of the bond.
(k) Tow truck companies operating in Collier County shall carry an insurance policy or
policies or certificates of insurance that shall indemnify /insure such company for its liability, at a
minimum, as follows:
(1) Auto liability for each tow truck:
a. $300,000.00 combined single limit for Class A —Light Duty tow trucks
used exclusively for private property tows.
b. $500,000.00 combined single limits for all other tow trucks.
(2) General/garage liability:
a. $300,000.00 combined single limit for tow truck operators performing
only private property tows impounds.
Words Underlined are added; Words Stmok T4ueugh are deleted.
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b. $500,000.00 combined single limit for all other tow truck operators.
(3) Garage keeper's liability: $50,000.00 for any one vehicle and $100,000.00 per
occurrence.
(4) $50,000.00 on -hook cargo liability coverage for each vehicle.
(5) Workers' Compensation coverage as required by state law.
All insurance policies shall be issued by insurance companies authorized and qualified to
do business in the State of Florida. Notwithstanding the minimum insurance coverage
amounts required herein, the Collier County Sheriff may require higher coverage limits
as a condition of eligibility for working law enforcement rotation calls. To the extent that
State law requires greater liability coverage amounts than those stated herein, the greater
amounts required by State law shall control. The Collier County Sheriff's Office shall be
named as a notified early and/or certificate holder on all insurance policies set out in this
Section such that upon a lapse in coverage notice will be provided to the Collier County
Sheriff's Office.
L * * * * *]
(m) All tow and immobilizations companies shall post an eight-by-five (8x5) inch placard in
the front window of every truck indicating that they currently carry the required insurance policy
or certificate and that the policy or certificate shall indemnify/ insure such company for its
liabili .
(n) Companies providing towing services and immobilization services shall accept payment
for all charges and rates in the form of cash cashier's checks money orders, bank debits card
and maior credit cards. Companies shall not require that payment be "Cash Only."
(mg) The following additional provisions shall apply to the immobilization of vehicles /vessels
on private property:
(1) Prior to immobilizing a vehicle for a first time "incidental" parking violation
(incidental being defined as when a vehicle /vessel is parked such that it intrudes upon an
area in violation of the private property's rules at a distance of less than 6 inches) the
immobilizing company shall first post a legible printed warning notice on the driver's side
window of the vehicle /vessel in a highly visible color, noting the time that the warning
was posted, and stating that the vehicle /vessel is parked in violation of the private
Words Underlined are added; Words Stuek Ph-eugh are deleted.
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property's rules and that if the vehicle is not relocated to a proper parking spot within six
(6) hours of the issuance of the warning the vehicle /vessel will be immobilized. The
immobilization company shall keep records of the time of issuance of the warning notice
for a minimum period of one (1) year.
(2) Lease, rental, or property owners' association documents shall contain a notice
provision indicating that the residential property utilizes vehicle /vessel immobilization. In
the case of properties with existing leases, rental agreements or property owners'
associations documents, it shall be sufficient to notify by regular mail, at the last known
address, each of the tenants /owners of the property prior to the initiation of vehicle
immobilization. All new leases, rental agreements or property owners' association
documents shall contain the provision giving notice that the property owner intends to
utilize vehicle immobilization, and a complete and specifically detailed list of rules, that
if violated, will result in vehicle immobilization. A copy of those provisions must be
posted in the rental office and/or a common area. A copy of those provisions must also be
maintained on file in each immobilization service vehicle involved in vehicle
immobilization.
vehieles,lvessels in the form ef eash, bank debit ear-d and major- eredit eards.
Section Five: Addition of Section providing for Deceptive and unfair trade practices.
The following Section shall be added to Ordinance Number 2008 -47, as amended, as
follows:
Section Eight: Deceptive and unfair trade practices.
No person shall engage in any unfair method of competition, unconscionable acts or
practices or unfair or deceptive acts or practices in the conduct of towing and immobilization
services. A tow truck company is in violation of this Ordinance for any violation of this section
as determined by the Collier County Sheriff's Office. A tow truck company engage in an unfair
method of competition or unfair or unconscionable acts or deceptive practices when in the course
of his or her business, vocation or occupation, he or she knows or in the exercise of care should
know, that he or she in the past engaged or is not engaging in any unfair method of competition
Words Underlined are added; Words Struck gh are deleted.
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or unconscionable acts or practices or unfair or deceptive acts or practices in the conduct of any
towing or immobilization services.
Section Six: Amendment to Section Eight regarding penalties, enforcement and scope
of Ordinance.
Section Eight of Ordinance 2008 -47, as amended, is hereby renumbered to Section Nine
and further amended as follows:
Section F4& Nine: Penalties, enforcement and scope of Ordinance.
(a) Each violation of this Ordinance shall be subject to the maximum fine and /or other
penalties as then specified in the law under which that enforcement action is based, including
§125.69, Florida Statutes; Chapter 162, pt. II, Florida Statutes; as if a misdemeanor under
§775.082, Florida Statutes; or pursuant to any other provisions of law incorporated by reference
into Section 1 -6 of Collier County's Code of Laws and Ordinances on the date of the violation.
(b) Notwithstanding imposition any other penalty or penalties by the county or by any other
entity, upon the fourth incident involving violations of this
Ordinance, committed by the same towing or immobilization company widAR a 365 day time
pepiad, is a per se sufficient basis for forfeiture of that towing or immobilization company's
and/or storage company's Collier County occupational license for a period of siK4y
days. If a subsequent violation is committed within three hundred six -five 365) days from
the final day of the thirty (30) day forfeiture, that violation is per se a sufficient basis for an
additional thirty (30) day forfeiture of the company's occupational license. At the Sheriff's
discretion, more than one violation may occur in one given incident where multiple violations of
this Ordinance are observed by the law enforcement officer.
I * * * * *]
Section Seven: Inclusion in the Code of Laws and Ordinances.
The provisions of this ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the ordinance may be renumbered or
Words Underlined are added; Words Swdsk Thr-eugh are deleted.
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re- lettered to accomplish such, and the word "ordinance" may be changed to "section," or any
other appropriate word.
Section Eight: Conflict and Severability.
In the event this ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the 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 affect the validity of the
remaining portion.
Section Nine: Effective Date.
This ordinance shall take effect upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, on this the day of
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approved as to form and legality:
Emily R. Opin
Assistant County Attorney
2015.
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
M.
TIM NANCE, CHAIRMAN
Words Underlined are added; Words StFu& Thmulph are deleted.
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COLLIER COUNTY NON - CONSENT TOWING, PRIVATE PROPERTY TOWING,
IMMOBILIZATION AND STORAGE OF VEHICLES ORDINANCE
Section One: Title.
This article shall be known and cited as the "Collier County Non - Consent Towing, Private
Property Towing, Immobilization and Storage of Vehicles Ordinance ".
Section Two: Definitions.
In case of ambiguity, F.S. § 1.01(l 5), can be referred to construe the intent of this article.
As used in this article, the respective words or phrases mean:
Accident scene means the place where the vehicle /vessel is located immediately
following an accident that damaged that vehicle /vessel, preventing safe operation.
Administrative /lien fee shall mean the fee that is charged by a towing company for title
records, conducting a lien search, advertising costs, and certified mail notification to the
lienholder, owner and all persons with a vested interest in the vehicle of the whereabouts and
charges against a vehicle or vessel as required by F.S. § 713.78.
Authorized person (for a vehicle /vessel) means any individual who at the time a decision
to select a towing company is made, has lawful, actual or constructive physical possession or
custody of that vehicle /-vessel, including, prioritized in this descending order: registered owner or
co -owner of the vehicle /vessel, operator of the vehicle /vessel, bailee of the vehicle /vessel, or
licensed passenger who is then 16 years of age or older, or insurance company authorized by the
owner or co -owner of a vehicle /vessel.
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Authorized agent (for a property) means any designated representative agent -e�
authorized for a real property owner or lessee who has written authority to sign for an Comment [El]: Amended so that authorized
_. _ agent is no longer defining itself,
absentee owner, lessee or association board for the removal of a vehicle or vessel parked on real - Comment [E2]: Lessee's may also tm from the
_._. . _. _... ... _._... _.... _. property they are leasing.
private property. An authorized agent shall not mean the owner of the towine company, any
person employed by the towing company, nor any relative of the owner of employees of the
towing company, whether agreed to by contract or otherwise. In addition, an authorized agent
may not be a security guard or a third -party contractor, unless otherwise expressly authorized in
a fully - executed contract as required by this Ordinance.! - Comment [ES]: strengthen Enforcement by
Sheriff's Office pursuant to Sheriffs request.
Authorized wrecker operator means a wrecker operator who is then designated as part of
the wrecker operator system established by the governmental unit that then has jurisdiction over
the scene of a wrecked or disabled vehicle (including, when applicable, the Division of Florida
Highway Patrol), where the governmental unit/law enforcement officer has determined necessary
the removal of a vehicle /vessel by rotation wrecker.
highways,
b
b
7 is required to be plaerded in Title A 1 part
Completion of tow or removal shall mean thirty (30) minutes from the time the
vehicle /vessel was first moved by the tow truck operator from the position it was originally in
upon arrival of the tow truck operator to the scene.!
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Comment [E4]: Incorrect definition; Sheriff i
request.
comment [ES]: Definition needed to determine
administrative fee requirements; Sheriff request.
Disabled means a vehicle /vessel that cannot be moved by its own power because the
physical condition of the towed vehicle /vessel, including from non -use, lack of fuel, mechanical
malfunction or because such movement, except by being towed, would otherwise be illegal or
violate a private rule.
Extra time at scene shall mean any extra time beyond one -half (' /z) hour at an accident brr
law enforcement scene, needed to safely_remove a vehicle /vessel and shall also include the
amount of time spent at a scene when a tow truck has been summoned and is on scene but unable
to proceed through no fault of the tow truck operator. All extra billable time shall be documented
by the tow truck operator and shall include the following information: (1) the name of the law
enforcement agency; (2) the law enforcement agency case number; (3) a detailed description of
the reason for the extra time required to remain at the accident scene; a*4 (4) the officer's name
badge number; (5) the signature of the law enforcement officer at the scene; (6) the location of
the scenes and (7) the time of the call to the tow truck company, the time of arrival at the scene,
7/7/2015 16. H .1.
Comment [E6]: To include other scenarios, such
as traffic stops.
time of departure from the scene and the time of arrival of the tow truck at the storage facility. Comment [E7]: strengthen enforcement
pursuant to Sheriff's request. J
The documentation shall also include a detailed explanation of the services rendered which
necessitated the additional charges. Extra time on scene shall be charged in fifteen- minute
increments.
Gross Weight shall mean the weight of a tow truck in pounds plus the weight of the
vehicle(s) /vcssel(s) or other machinery and the contents being towed.
Incapacitated means any person who is then physically or legally unable to operate the
towed vehicle /vessel at that time of the rotation request made by law enforcement because of that
person's physical condition, including sickness, injury, being under the influence of alcohol or
controlled substance, being under arrest, being detained, revocation or suspension of that
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person's operator's license or permit, or any other condition that the jurisdictional law
enforcement officer determines is justification to call a wrecker off of rotation.
Immobilization Device means any device attached to a vehicle which is designed to
prevent the vehicle from being operated.
Immobilization means the utilization of a "boot" or other Immobilization Device that
causes a vehicle to be immobile or otherwise renders a vehicle immobile or inoperable.
Immobilization Company means the private partnership, corporation or other privately
owned business entity, including sole proprietor, engaged in the immobilization of vehicles,
including the utilization of a "boot" or other Immobilization Device that causes a vehicle to be
immobile or otherwise renders a vehicle immobile or inoperable.
Inside Storai'e means permanent weather -tight storage facilities, which must be available
for twenty -four (24) hour storage when weather or other conditions required inside storage for
the protection of the vehicle or personal property. A lean -to, tent, storage container, carport, tarp
or shed does not meet the requirements of this section. The area shall only be used for the
permanent inside storage of a vehicle when inside storage is requested by a Law Enforcement
agency or the vehicle owner.i _- comment [ES]: Provided definition for clarity.
Law means all applicable ordinances, Florida Statutes, United States Statutes and Codes,
special acts, or any applicable lawful rules and regulations enacted, promulgated, or adopted by
any governmental entity or any agency or subdivision thereof.
Law Enforcement Officer means every officer (full- or part-time) as then defined by
federal law or by Florida Statute, including subsection 112.531(1), any subsection of
316.1906(1)(d)(1)(3) inclusive; or subsection 9443.10(1), (6) or (8).
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Law Enforcement Tow shall mean any tow authorized by any jurisdictional law
enforcement officer where an authorized wrecker operator is dispatched off of the wrecker
rotation system (a non - consent tow).
Light reflective sign shall mean an eighteen -inch wide by twenty -four inch high sign
made of aluminum (at least 0.040 thickness) or fiber reinforced plastic (at least 0.090 thickness).
The entire background surface and all lettering must at a minimum be type 1 engineered grade
sheeting (ASTM D4956 -01). The letters may be screen printed on the type 1 sheeting using a
compatible transparent ink so that the retroreflective is maintained and visible.
(Mechanical Connection means all of the followini criteria are met:
(1) For a flat bed truck tow: Four (4) wheels are on the flat bed, or for a
wheel lift tow: two (2) wheels are off the ground; and
The vehicle to be towed is completely secured with safety chains or a
safety stram and
(3) The tower is in complete control of the vehicle /vessel to be towed. -- { comment [E91: sheriff request.
Mileage charge shall mean allowable charges for miles from the location of an accident
scene or scene of a rotation call authorized by a jurisdictional law enforcement agent to the
location of the company storage yard. �n order to qualify for a mileage chafe, the ick -up
location must be defined on the ticket. (Mileage charges are not reimbursable for private property comment [Elo]: Strengthen enforcement
pursuant to Sheriff's request.
t0 W In g.
Non - consent towing means the recovery, towing, removal and storage of a vehicle /vessel
without authorization of the vehicle /vessel owner or authorized driver and shall include both
"Law Enforcement Officer Tows" and "Private Property 1ffq3eefnds4Tows" as defined herein.
5
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_ — Comment [E111: "Impound" replaced with tow
orstore throughout for clarity.
Operator shall mean any person who provides the services of recovering, towing, or
removing vehicles /vessels and any vehicle /vessel storage services associated therewith and
includes without distinction the owning of a towing firm and the driver of a tow truck.
Person shall mean any natural person, firm, partnership, association, corporation or other
entity of any kind whatsoever.
Private property means all real property not owned by, leased to, or similarly controlled
by a governmental entity, including private roads.
Private property iwpotind og tow shall mean towing or removal of a vehicle /vessel
without the consent of the vehicle's owner or authorized driver when that vehicle /vessel is parked
on real property, as authorized by § 715.07, Florida Statutes, as may be amended, when the
authorized agent for the property or the owner of the property has requested removal of the
vehicle /vessel.
Private rule means restrictive covenant, deed restriction, parking ticket restriction, and
any other private rule or regulation that prohibits that type of vehicle /vessel from being at or on
that private property at that time, and towing or immobilizing that vehicle/vessel from that
property is then allowed by law.
Real property owner shall mean that person who exercises dominion and control over
real private property, including but not limited to, the legal titleholder, lessee, designated
representative of a condominium or homeowner's association or any person authorized to
exercise or share dominion and control over real property; provided, however, that "real property
owner" shall not mean or include a person providing towing services within the purview of this
article.
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7/7/2015 16. H .1.
Recover shall mean to take possession of a vehicle /vessel and its contents and to exercise
control, supervision and responsibility over it; including removal of vehicles from a canal or
other body of water, wooded area, or any other unpaved area.
Remove shall mean the removal of a vehicle /vessel from a canal or other body of water, a
wooded area not readily accessible to a roadway (i.e., within a standard cable length) or when a
vehicle /vessel is buried. This includes towing, winching, skating, using go jacks, or any other
method employed by towing companies.
Road means alley, court, drive, driveway, highway, interstate highway, lane, parking lot,
street, or any other substantially similar place, public or private.
Scene means a physical location from where a vehicle is towed following response
thereto by a law enforcement officer, including with regard to an impounded vehicle /vessel or an
abandoned vehicle /vessel.
Service Calls shall mean a tow truck company in responding to a law enforcement-
directed tow in order to perform work that is able to be completed at the scene (e.g. changing a
tire, jump, etc.) for which a tow truck operator may charge a reduced fee in lieu of towing the
vehicle /vessel it - Comment [ES2]: To reduce the fees to the
Storage means retaining actual physical possession of a vehicle /vessel at a private storage
facility anywhere in Florida, for consideration, including storage at such a private storage facility
by or on behalf of a governmental entity or agency of any subdivision thereof. Storage shall
further mean to place and leave a towed vehicle /vessel at a location where the person providing
the towing services exercises control, supervision and responsibility over the vehicle /vessel.
Storage facility shall mean the location where towed vehicle /vessels are stored.
7
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Tow shall mean to haul, draw or pull along a vehicle or vessel by means of a tow truck
(wrecker) for hire equipped with booms, car carriers, winches or similar commercially
manufactured equipment. This is usually done by transporting vehicle /vessels through a means
other than the towed vehicle /vessel's power source by pulling the vehicle /vessel behind a truck or
transporting the towed vehicle /vessel on a truck bed or other substantially similar conveying
vehicle /vessel that has four or more wheels.
Towing company means any private partnership, corporation or other privately owned
business entity, including sole proprietor, engaged in the operation of towing vehicles /vessels by
means of a tow truck slide bed, wrecker or any other form of towing apparatus designated for the
purpose of transporting motor vehicles or vessels. This definition includes any person, company,
corporation, or other entity, which engages in, owns or operates a business that provides non -
consent towing, recovery, removal and storage of vehicles /vessels for compensation. IA towing
company shall not share personnel and storage facilities with any other towing company.
Tow truck placard shall mean a decal or sign issued by the local government agent,
authorized jurisdictional law enforcement agency, or similar governmental body, which is placed
upon any tow truck to designate authorization to engage in non- consent tows and to allow
parking in specially designated areas authorized by the county or jurisdictional governing body.
Unavailable means that no authorized person is physically present at the scene; or is
present, but is incapacitated. When no accident scene is involved, an authorized person is
unavailable if he or she cannot readily be contacted to be asked to decide which towing company
can tow that vehicle /vessel on that occasion.
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Comment [E13]: Strengthen enforcement
pursuant to Sheriffs request.
Vehicle means a machine or other substantially similar thing designed or used to transport
one or more persons and /or property over road or land in the State of Florida, and that has two or
more wheels, and is propelled by its own engine, motor, or pulling animal(s). Vehicle includes
car, truck, trailer, semi - trailer, motorcycle, motor scooter, moped, bus, van, recreational vehicle,
all- terrain vehicle, golf cart, animal -drawn vehicle, and every other substantially similar means
of wheeled transportation.
Vessel is synonymous with boat as referenced in s. 1(b), Art. VII of the State Constitution
and includes every description of watercraft, barge, and airboat, other than a seaplane on the
water, used or capable of being used as a means of transportation on water in and around the
State of Florida.
Wrecked means a vehicle that cannot be driven away from its location because of the
physical condition of that vehicle /vessel, including from non -use.
Section Three: Ton, truck class specifications.
All tow truck vehicles must meet the following requirements and be commercially
manufactured and meet all federal transportation and tow truck requirements:
(a) Class A ratings:
Tow truck
L Minimum gross weight 14,500 lbs.
2. Minimum telescoping boom capacity 16,0001bs.
9
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3.
Minimum dual winching capacity
8,000 lbs.
4.
Minimum cable size and length
h
3/8 "x]00'
5. i�
I
Minimum wheel lift retracted rating
I
5,000 lbs.
6.
I
Minimum wheel lift extended rating
3,000 lbs.
7.
Minimum tow sling safe lift
3,500 lbs.
8.
Minimum 10' safety chains (2 each)
5/16" grade 70
9.
Minimum cab to axle dimension
60"
I
Car carrier
_ - -� 1
Minimum gross weight
19,000 lbs.
2. j
i
Minimum deck capacity u
10,000 lbs.
3.
� Minimum length
i
� 19'
4.
Minimum winching capacity (1)
8,000 lbs.
5
Minimum cable size and length
3/8 "x50'
6.
Minimum tie down chains (4 each)
5/16" grade 80
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7. Tie down straps (optional) (4 each), per each wheel 2,000 lbs. 1
I j I
8. Minimum cab to axle dimension 120"
I
9. i Minimum wheel lift capacity for second vehicle j 2000 lbs.
(b) Class B ratings (medium duty):
Tow truck
1. Minimum gross weight
Light duty — Nonlaw enforcement towing
2 Minimum extendable boom capacity
24,000 lbs.
- - -- -- — -- - -- - - - -- - - -- --
3. Minimum winching capacity, dual
I
i
4. Minimum cable size and length —
L
Minimum gross weight `
10,000 lbs.
2.
Minimum weight of tow truck f
4,000 lbs.
3.
Minimum wheel lift extended rating
2,500 lbs.
— 4. (
Minimum cab to axle dimension
60"
(b) Class B ratings (medium duty):
Tow truck
1. Minimum gross weight
30,000 lbs.
2 Minimum extendable boom capacity
24,000 lbs.
- - -- -- — -- - -- - - - -- - - -- --
3. Minimum winching capacity, dual
- -- - - -- --
12,000 lbs.
4. Minimum cable size and length —
7/16 "x150'
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5. l
i
Minimum wheel lift retracted rating
i 10,000 lbs.
I
i
6. (
Minimum wheel lift extended rating
C 7,000 lbs.
1 7. {
Minimum tow sling safe lift
3,500 lbs.
I
8.
I
Minimum safety chains (2 each)
3/8" grade 80
�9.
I i
10.
Minimum cab to axle dimension
Required state DOT registration
96"
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Car carrier
l .
Minimum gross weight
25,500 lbs.
2.
Minimum deck capacity
15,000 lbs.
3.
Minimum wheel lift capacity for second vehicle
4,000 lbs.
4 = -��
_ Minimum length
I
� 21
5. '
Minimum winching capacity (1)
8,000 lbs.
6. i
i
Minimum cable size and length
3/8 "x 50'
7.
Minimum tie down chains (4 each)
5/16" grade 80
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8.
j Tie down straps (optional) (4 each), per each wheel 2,000 lbs.
9.
Minimum cab to axle dimension
'
120"
f i
] 0.
Required state DOT registration
(c) Class C ratings (heavy duty):
1.
I
Minimum gross weight 58,000 lbs.
I
Air brakes, all tires H rated, capacity must equal axle rating. Device required controlling
disabled vehicle's brakes. Tandem axles required.
2.
Minimum telescoping boom capacity
100,000 lbs.
3.
Minimum winching capacity (dual)
50,000 lbs.
4��___._
I
Minimum cable size and length
x 250'
5.
Minimum wheel lift retracted rating
i
40,000 lbs.
6. i
Minimum wheel lift extended rating
15,000 lbs.
j
7. 1
Minimum heavy -duty tow bar rating
10,000 lbs.
8.
Minimum safety chains (2 each)
'iz" grade 80 V
9.
Minimum cab to axle dimension
18"
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10. I, Required state DOT registration
(d) I Class D ratings heavy duty):
Encompasses those specifications in excess of the minimum gross weight and related
criteria required for Class C ratings.
Section Four: Maximum towing, storage and related rates pertaining to non - consent
tow services, as well as, private property towing, impound and
immobilization.
ka)
the speeifie b> b >
aetua,lly paid fer- filifig any &fm(s), ta4iing any legal action(s), and,lor other substantially similar
easts. Except as established herein or as otherwise authorized by Florida law, as may be
amended, a towing company shall not charge the consumer for costs associated with performing
the towing and immobilization services, including administrative costs.. —j Comment [E14]: section simplified after
consulting with. Sheriff. To prevent unauthorized
fees from being charged to consumers.
(b) The Board of County Commissioners shall, by resolution, establish maximum rates for
non - consent law enforcement towing, private property towing, storage, immobilization and
related services of towed vehicles /vessels, which may be amended from time to time as follows:
14
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(1) Towing services per call, which shall include time from arrival on scene through
the first thirty (30) minutes on scene that the tow truck is actually engaging in the safe
removal of a vehicle /vessel.
(2) A mileage charge for law enforcement directed tows ONLY based upon the most
direct distance from the scene to the towing business' location *^ the ~° And t ^ ^t'. Comment [E15]: Strengthen enforcement
pursuant to Sheriffs request; to reduce costs to the J
public.
(3) Storage charges that shall begin six (6) hours after arrival at the towing company
location and will accrue in twenty -four (24) hour intervals starting each day thereafter
k Comment [E16]: Strengthen enforcement
from the time of original arrival to the storage location s indicated on the tow ticket
pursuant to Sheriffs request
(e.g., car towed in for storage at 6:00 p.m., between 6:00 p.m. and 12:00 a.m. no storage
charge applies, at 12:01 a.m. charges for day one storage begins, the next day at 6:01 p.m
the second day of storage begins), where:
a. Law enforcement has authorized the vehicle /vessel to be impounded
towed and stored; or
b. The appropriate law enforcement agency has been notified by the tow
truck company, within thirty (30) minutes after completion of such towing or removal,
that the tow truck company is in possession of a vehicle /vessel resulting from a private
property4H+peoffd tow per § 715.07, Florida Statutes.
(4) Indoor storage rates may only be charged upon the express direction and written
authorization of the driver or authorized person °4:'a-i4 *t ;^-i ° °a a_:_.°_; °gent, lien Comment [E17]: Revised to correspond with
correct defined term throughout
holder, insurance company representative or investigating law enforcement agency. The
only exceptions to this rule are:
15
Packet Page -2346-
a. When the condition of the vehicle /vessel requires indoor storage due to
inclement weather conditions or the vehicle's window(s) and /or convertible top is down
and cannot be raised and indoor storage is necessary to protect the vehicle and its
contents; or
b. When a municipal or county jurisdiction requires indoor storage for towed
vehicles /vessels.
(5) An administrative /lien fee shall only be charged after the vehicle /vessel has been
in the storage facility for at least five (5) calendar days, and:
a. The law enforcement agency has prepared an incident report authorizing
the vehicle /vessel to be towed and stored impounde ; or
b. The law enforcement agency has been notified by the tow truck company,
within 30 minutes after completion of such towing or removal, that the tow truck
company is in possession of a vehicle /vessel resulting from a private property tow
impound tow per F.S. § 715.07; and
C. The tow truck company must show proof that lien letter(s) have been
prepared with the appropriate names and addresses (i.e., U.S. Mail Certification Number,
correspondence copies, etc.), thereby establishing that fees have actually been expended.
A towing and immobilization company shall not charge the consumer separately for title
records, conducting a lien search, advertising costs, and certified mail notification where
such consumer is also charted an administrative fee.!
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Comment [E18]: Revisions respond to
clar'rfications as to fees charged the public as a result
of consultations with the Sheriff.
(6) Underwater recovery performed by a certified /professional diver with the written
documentation and approval by the investigating law enforcement agency /officer on
scene.
(7) A late -hour gate fee may applied to law enforcement tows ONLY between the
hours of 6:00 p.m. to 8:00 a.m. Monday through Friday, and may be applied on weekends
beginning at 6 :00 p.m. Friday to and ending at 8:00 a.m. the following Monday- fe•
enfor-es-m-epA . tows when:;
a. impounded Stored vehicles /vessels are recovered by the owner or
authorized en rson a during the aforementioned late -hour gate period; or
b. The owner or authorized en rson ding t wishes to recover property
from the impounded stored vehicle /vessel during the late -hour gate period. There shall
only be one gate fee charged per request, regardless of the number of vehicles /vessels the
7/7/2015 16.H.1.
Comment.[E19]: Provide clarification oftimes
and type of towing for gate fees to reduce the cost..
to the public.
person has in storage. There shall be no charge to any owner or authorized person comment [EZO]: Reduce costs to the public.
wishing to remove prescription medication and prescription eyeglasses from art
impatxtded stored vehicle /vessel. Tow truck operators may inform the owner or
authorized ep rson o ve ,Iage nt of the vehicle /vessel that he/she may request that law
enforcement officer be present at the time agreed upon to recover the property sought. If
it is found that the authorized ep rson d0veFlageti of the vehicle /vessel made a false
request to recover prescription medication and /or prescription eyeglasses in order to
recover other items, the tow truck operator may impose a late -hour gate fee double the
rate allowed by this Ordinance.
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7/7/2015 16.H.1.
(8) Hazardous material clean -up and disposal as required, mandated and /or licensed
through federal, state or local laws and approved by the investigating law enforcement
agency /officer.
(9) Rates for the release of an immobilization device.
60) Rates for Service Calls, including, but not limited to Law Enforcement tows and
DMV tows) CAMMent [E21]: To reduce costs to the public.
x11) Rates for Extra Time on Scene _ comment [E22]: To conform with existing Fee
Resolution.
�c) If the vehicle /vessel owner or authorized person - arrives at the scene prior to the
vehicle /vessel being removed, immobilized or towed from the property, the vehicle /vessel shall
be disconnected from the tow truck or the immobilization device shall be removed and the
vehicle/vessel owner or authorized person shall be allowed to remove the vehicle /vessel without
interference upon the -payment of a reasonable service fee of not more than one -half (' /z) of the
posted rate for such towint service (drop charge), for which a receipt shall be Qiven, unless that
person refuses to remove the vehicle /vessel, which is unlawfully parked. In the case of an
immobilized vehicle, the drop charge would be one -half of the established fee. No service fee
shall be demanded or paid if the vehicle was in the process of being immobilized but not vet
connected to the immobilization device. The bill /invoice must be presented to the vehicle /vessel
owner or authorized person prior to request for the payment. In the event the owner /driver of the
vehicle /vessel is occupying the vehicle /vessel and refuses to vacate same. in addition to the drop
charge, a tow truck company /driver is permitted to charge extra time at the scene where law
enforcement involvement is necessary and the tow truck driver obtains the name of the law
enforcement agency, case number of the law enforcement agency and the name and badge
18
Packet Page -2349-
number of the investigating law enforcement officer. The tow truck driver shall also prepare
detailed documentation /explanation as to why "extra time at scene" charges were required. All
documentation shall be provided to the vehicle /vessel owner or authorized person upon demand.
(d) A tow truck company shall send the appropriately -sized to truck in relation to the size
of the vehicle /vessel to be towed. If the appropriately -sized tow truck is not available by the tow
truck company and a larger tow truck must be used, the tow truck company shall only charge that
rate that would have been charged if the proper tow truck was available.' A towing company
shall not use atow truck smaller than is required to tow a vehicle /vessel.
Section Five: Towing or immobilization with prior express instruction of real
property owner or authorized agent and /or law enforcement agency.
In addition to the other requirements of this article, no tow truck company shall, for
compensation, recover, tow, or remove a vehicle /vessel from real property, or provide storage in
connection therewith, nor shall a immobilization company immobilize a vehicle/vessel from real
property, without the prior express instruction of the vehicle /vessel owner or authorized driver,
except in accordance with the following:
7/7/2015 16.H.1.
_ Comment [E23]: Moved from separate section
of Ordinance to the Rates section where it is more
relevant.
(1) Law enforcement- directed tow Tow truck companies may_for - j comment [E241: Consistency with definitions. J
compensation recover, tow or remove a vehicle /vessel based upon a law enforcement
directed tow without the prior express instruction of the vehicle /vessel owner or
authorized driver upon the prior express instruction of a law enforcement agency and in
accordance with the terms of any contracts or agreements between the tow truck
company and a governmental entity and /or law enforcement agency. All companies
providing towing in Collier County must have their storage facility and an office located
within the County. Further. any towed or removed vehicle or vessel must be stored at a
19
Packet Page -2350-
site within a l0 -mile radius of the scene unless no towing company providing services
under this section is located within a ten -mile radius in which case a towed or removed
vehicle /vessel must be stored at a site within twentv (20) miles of the point of removal
within Collier County. If no storage facility is within 20 miles of an accident scene, the
towing company shall store the vehicle at the closest possible storage facility to the
accident scene and the directing law enforcement officer should be notified in advance of
such conditions. A vehicle /vessel towed under this section must be stored within Collier
County unless exception is expressly made and authorized by a law enforcement officer
for towing companies responding to an accident scene which occurs at the Miami-
Dade/Collier County or Broward /Collier County border. The exceptions to the storage
radius set forth in this paragraph shall only apply to law enforcement directed tows.
If the owner or representative of the vehicle is at the scene of the accident rendering the
vehicle in question inoperable, the owner or representative may be given a reasonable
opportunity. at the officer's discretion. to contact their own towing provider (i.e., AAA)
to tow the vehicle to a storage facility of their choice. so long as the vehicle is not
blocking traffic and is located a minimum of fifteen (15) feet from the road.
(2) Private property tow impottfid: Tow truck or immobilization companies may
recover, tow, immobilize or remove a vehicle /vessel based upon a private property tows
without the prior express instruction of the vehicle /vessel owner or authorized
driver, upon the prior express instruction of a real property owner or his authorized agent
on whose property the vehicle /vessel is disabled, abandoned or parked without
authorization or whose vehicle /vessel owner or authorized agent is unwilling or unable to
remove the vehicle /vessel, provided that the requirements of this article are satisfied. All
20
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-' Comment [E25]. Strengthen enforcement
Ill pursuant to Sheriffs request; allow consumers to 111
opt out of Sheriffs rotational tow if safety permits.
7/7/2015 16.H.1.
companies providing private property towing and /or immobilization in Collier County
must have their storage facility (tow truck companies only) and an office located within
the county. Further, any towed or removed vehicle or vessel must be stored at a site
within a 10 -mile radius of the point of removal within the county boundaries. If no
towing company providing services under this section is located within a ten -mile radius,
a towed or removed vehicle /vessel must be stored' at a site within a twenty (20) mile
radius of the point of removal within Collier County. For those vehicles that are
removed from remote areas of Collier County (i.e. Port of the Isles, Everglades City or
points east of CR 951 along U.S. 41), the tolling of the 10 mile radius for storage is not
calculated until the tow truck is west of CR 951 or north of Interstate 75 along SR 29 if
there is no other storage facility that exists within a 10 mile radius. A person may not pay comment [e2e]: strengthen enforcement
pursuant to Sheriffs request.
or accept money or other valuable consideration for the privilege of towing, immobilizing
or removing vehicles or vessels from a particular location.
The tow truck or immobilization company recovering, towing or removing a
vehicle /vessel shall, within thirty (30) minutes of completion of such towing,
immobilization or removal, notify the appropriate law enforcement agency in which
jurisdiction the vehicle /vessel was parked of the nature of the service rendered, the name
and address of the storage facility where the vehicle /vessel will be stored or where the
vehicle is immobilized, the time the vehicle was secured to the towing vehicle /vessel or
immobilized, and the make, model, color and vehicle license plate number (if any) or
registration number of the vehicle /vessel. The tow truck or immobilization company shall
obtain the name and identification number of the person at the law enforcement agency to
whom such information was reported and note that name on the trip ticket.
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For all vehicles /vessels removed or immobilized by a tow truck or immobilization
company at the request of a property owner or authorized agent, a private property tow or _ _ comment [e27]: To distinguish from law
-- - - - enforcement tows.
immobilization ticket shall be completed and signed by the property owner or
representative at the time of the tow or immobilization that includes that individual's
driver's license number and the following information: the year, make, model, color and
vehicle identification number, the vehicle license plate number (if any), a statement of
any visible damage to the exterior of the vehicle /vessel, and an inventory of the visible
inventory of the vehicle /vessel initialed by the real property owner or his authorized
agent on whose property the vehicle is disabled, abandoned or parked without
authorization. Companies that do not remove the vehicle from its location and are only
providing immobilization services are not required to include an inventory of the contents
of the vehicle /vessel.
(3) Except as otherwise provided in this article, every prior express instruction made
in writing or in person shall indicate the date and time of the instruction and shall be
signed by the law enforcement officer with their Identification number for law
enforcement directed tows and by the authorized agent for private property tows. Pre -
signed tickets will not be accepted., - comment [ers]: To prevent towing without
express instruction.
(4) Except as otherwise provided in this article, no such prior express instruction shall
be considered to have been given:
a. By the mere posting of signage as required by this article;
b. By virtue of the terms of any contract or agreement between a tow truck
company and a real property owner;
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C. When the prior express instruction occurs in advance of the actual
unauthorized parking of the vehicle /vessel; or
d. Where the prior express instruction is general in nature and unrelated to
specific, individual and identifiable vehicles /vessels, which are already parked without
authorization.
(5) Each tow truck or immobilization company shall enter into a written contract with
every owner of private property that authorizes the tow truck or immobilization company
to tow or immobilize vehicles /vessels from its property. This written contract shall
include the beginning date of said contract, the names and titles of all persons (i.e.,
owner, property manager, condominium president, etc.) who have the authority to
appoint persons (authorized agentsi -e., seeufit y gu -a night watt man e site �man
ems') who can authorize prior express instruction to the tow truck or immobilization -- comment [E29]: Utilized the already defined
_... ___...— - -..... - - term.....
company to remove, recover, immobilize or tow any vehicle /vessel from its property. The
written contract shall also include the name and current telephone number of the tow
truck or immobilization company performing the towing or immobilization service. Any
addendum to the contract shall include additional names and titles as necessary. Contracts
shall remain up -to -date with the current property owner and authorized agents. _N_o_ such comment [eso]: strengthen enforcement
pursuant to Sheriffs request.
contract shall state that the tow truck company assumes the liability for improperly towed
vehicles /vessels, contrary to F.S. § 715.07(4). The tow truck or immobilization company
must keep on file each contract and addendum (if applicable) with the property owner.
Such contract shall be maintained for at least twelve (12) months after termination. Law
enforcement officers /agencies may inspect and request a copy of any and all such
contracts from the tow truck or immobilization company during normal business hours.
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(Conies of anv and all contracts shall be sent to the law enforcement agency within forty-
eisht 48) hours from the request if the law enforcement officer chooses for such
documents to be sent to the agency rather than inspected onsite. The tow truck or comment [E31]: Strengthen enforcement
I
pursuant to Sheriff's request.
immobilization company may not withhold production of the contract upon demand by
law enforcement officers /agencies. Failure to enter into or keep on file a contract with the
property owner shall be a violation of this article. All contracts that were entered into
prior to the effective date of this article shall accomplish the requirements of this
subsection by entering into an addendum to the current contract within six ` 6 months an
(1) ye following the enactment of this Ordinance. Failure to maintain a contract with
undated information shall be a violation of this Ordinance on the part of both the property
owner and the tow truck company involved in 'any transaction. Each contract must be
annually renewed in writing containing fresh signatures and dates of renewal Comment [E32]: Strengthen enforcement
pursuant to Sheriffs request.
(6) Tow truck companies may not enter into a written contract with the owner of
private property that authorizes the tow truck company to tow vehicles /vessels from the
real property owner's property to a storage yard where the mileage restrictions have been
exceeded contrary to F.S. § 715.07(2)(a)l, as may be amended from time to time.
(7) Real property owners or authorized agents represeSta ivies shall not request the
recovery, tow, immobilization or the removal of vehicles /vessels that are reasonably
identifiable from markings or equipment as law enforcement. fire fighting, rescue squad,
ambulance, or other emergency vehicles which are marked as such or to property owned
by any governmental entity.
(8) Any person who improperly causes a vehicle /vessel to be recovered, towed, or
immobilized, removed or stored shall be liable to the vehicle /vessel owner or authorized
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agent representativ for the costs of the services provided, any damages resulting from
the recovery, towing, immobilization removal or storage and attorney's fees and court
costs.
(9) Except as otherwise provided in this ordinance or allowed by law, the practice of
placing a "boot" or other immobilization device on a vehicle is prohibited. When
placement of an immobilization device is allowed by law, immobilization shall occur in
accordance with the provisions of this ordinance or the provisions of any applicable
statute pursuant to which a vehicle is immobilized, as follows:
a. Only tow or immobilization companies licensed to conduct business in
Collier County and who are otherwise in compliance with all applicable Collier County
ordinances may immobilize vehicles.
b. The practice of placing a boot or other immobilization device on a vehicle
to hold for towing is strictly prohibited. No immobilized vehicle shall be towed by a
towing company until at least (6) hours have elapsed after the installation of the
immobilization device. In the event that a vehicle is lawfully booted or otherwise
immobilized and towed under this section, a separate fee for immobilization may not be
charged in addition to the towing fee; the maximum rate shall be limited to that which
may be charged for towing said vehicle as set forth herein.
C. When immobilization is accomplished by the placement of an
immobilization device on the vehicle, it shall be placed on the front wheel of the driver's
side of the vehicle. The immobilization device may only be placed on any other wheel or
vehicle part if placement on the driver's side front wheel is not feasible.
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d. Immediately after a vehicle is immobilized, the person immobilizing such
vehicle, the owner of the property where the vehicle is immobilized, or an employee or
agent of such person or owner, shall affix upon each of the front windows adjacent to the
driver's and passenger's seats of such vehicle a sticker measuring eight by five (8 x 5)
inches, containing a warning that any attempt to move the vehicle may result in damage
to the vehicle and stating the name and business address of the person who immobilized
such vehicle as well as a business telephone number that will facilitate the dispatch of
personnel responsible for removing the immobilization device. The sticker will include
the Collier County ordinance number regulating the practice. Upon payment to remove
the immobilizing device, the immobilizing company shall completely remove the affixed
sticker.
C. Upon request of the immobilized vehicle's owner or authorized ep rson
, and payment of any applicable fee, the tow truck or immobilization
company shall release the immobilized vehicle to the vehicle's owner or authorized
person drivei;1agent within one (1) hour.
Section Six: Notice requirements for removing and immobilizing vehicles /vessels from
and on private real property.
(a) Tow truck or immobilization companies duly permitted under this article may recover,
tow, immobilize or remove a vehicle /vessel or provide storage in connection therewith upon 'the
prior express instruction of a real property owner or authorized agent, on whose property the
vehicle/vessel is abandoned or parked without the authorization of the owner or other legally
authorized person in control of that vehicle or vessel, provided that the following requirements
are satisfied:
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(1) Notice shall be prominently posted on the real property from which the
vehicle /vessel is proposed to be removed or immobilized and shall fulfill the following
requirements:
a. A light reflective sign shall be prominently placed at each driveway
access /entrance or curb cut allowing vehicular access to the real property, within five (5)
feet from the public right -of -way line. If there are no curbs or access barriers, the signs
shall be posted not less than one (1) sign for each twenty -five (25) feet of lot frontage.
The sign shall be permanently installed not less than four (4) feet and not more than six
(6) feet above ground level and shall be continuously maintained on the real property for
not less than twenty -four (24) hours prior to the towing, immobilization or removal of
any vehicle /vessel(s).
b. The light reflective sign shall clearly display in not less than two -inch high
letters on a contrasting background, the words "UNAUTHORIZED VEHICLES WILL
BE TOWED AWAY AT THE OWNER'S EXPENSE ". The words "TOW -AWAY
ZONE" must be included on the light reflective sign in not less than four -inch high letters
on a contrasting background. If the property owner has authorized the immobilization of
vehicles the sign shall read "UNAUTHORIZED VEHICLES WILL BE TOWED AWAY
OR IMMOBILIZED AT THE OWNER'S EXPENSE ".
C. The light reflective sign shall clearly indicate, in not less than two -inch
high letters on a contrasting background, the days of the week, and hours of the day
during which vehicles /vessels will be immobilized or towed away at the owner's expense;
and the name, address and current telephone number of the tow truck or immobilization
company performing the towing or immobilization service.
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(2) Light reflective signs must be maintained or replaced so that they are clearly
visible, legible and light reflective at all times. The real property owner is responsible for
providing, maintaining, replacing, and removing signs, as necessary. Failing to provide,
maintain, replace and /or remove the signs in accordance with this section is a violation of
this article.
(3) Startup: All new private property towing or immobilization contracts must
comply with the light reflective sign requirements beginning three (3) months after the
effective date of this article. All other "Tow Away" signs for previously existing
contracts must comply with these requirements, as signs are replaced, but no later than
three (3) years after enactment of this article.
(4) The posting of notice requirements of this section shall not be required where:
a. The real property on which a vehicle is parked is property appurtenant to
and obviously part of a single - family type residence; or
b. Written notice is personally given to the vehicle /vessel owner or
authorized driver /agent that the real property on which the vehicle /vessel is or will be
parked is reserved or otherwise not available for unauthorized vehicles /vessels and is
subject to being removed or immobilized at the vehicle owner's expense.
(b) When any real property owner instructs a vehicle /vessel to be recovered, towed,
immobilized or removed from his or her property and stored, she/he or a designated
representative authorizing the tow or immobilization shall sign their name and print their driver's
license number on the tow /immobilization ticket and include a vehicle condition report and a
visual inventory list thereon. Companies that do not remove the vehicle from its location and are
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7/7/2015 16. H .1.
only providing immobilization services are not required to include an inventory of the contents
of the vehicle /vessel. Immediately upon request, and without demanding compensation, the real
property owner shall inform the vehicle owner or other authorized person in control of the
vehicle /vessel of the name and address of the tow truck or immobilization company that has
recovered, towed, immobilized or removed the vehicle /vessel.
(c)
of an iffim4ilized vehiele, the drop b ?A-Alf . NE) sem,iee
being, fee shall be demanded or paid if flie vehisle was in the py-E)oess of immobilized but fiat yet
the vehiele,'N,essel is b
b eampaii)Afivef is b
oiferement ageney, ease numbef of the law onfefeement ageney and the name and badge
investigating
b _ Comment [E33]: Moved to Rates Section.
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Section Seven: Tow truck/immobilization company requirements.
(a) Tow truck companies providing services pursuant to this article shall not do so when
there is a person or animal occupying the vehicle /vessel.
(b) Tow truck companies providing services pursuant to this article shall transport the
vehicle /vessel directly to the storage facility of the tow truck company providing the service, or
to such other location as a law enforcement officer authorizing the tow may expressly direct, and
shall not keep the vehicle /vessel in any temporary holding area.
(c) Tow truck or immobilization companies providing services pursuant to this Ordinance
shall keep on file complete records of all current rates charged for the recovery, towing,
immobilization or removal of vehicles /vessels and storage provided in connection therewith.
Tow truck companies shall also display prominently at each storage facility the following
information: Signage which identifies the name of the towing company, a schedule of all charges
and rates for removal of vehicles /vessels for private property itpeRIBds tows and/or the removal
of immobilization devices. a statement that the rates do not exceed the rates established and
authorized pursuant to this article and the rights afforded to a vehicle /vessel owner or authorized
person a~ik•�,oez pursuant to state statutes. The above information shall be posted prominently
in the area designated by such tow truck companies to transact business. During business hours,
such area shall provide shelter, safety, and lighting adequate for the vehicle /vessel owner or
authorized ep rson di4v°n to read the posted rate schedule. Further, notice shall be posted
advising the vehicle /vessel owner or authorized en rson dfierdagent of the right to request and
review a complete schedule of charges and rates for towing or immobilization services for the
jurisdiction in which the law enforcement order to tow was made.
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7/7/2015 16.H.1.
(d) Tow truck companies shall provide signage on the property clearly visible from the street
(unless otherwise prohibited by local zoning laws) with at least three -inch letters on a contrasting
background with the name and phone number of the tow truck company.
(e) Tow truck or immobilization companies providing services pursuant to this article shall
advise any vehicle /vessel owner or authorized en rson who calls by telephone prior
to arriving at the storage facility or, in the case of immobilized vehicles, the immobilized
vehicle's location, of the following:
(1) Each and every document or other item which must be produced to retrieve the
vehicle /vessel;
(2) The exact charges as of the time of the telephone call, and the rate at which
charges accumulate after the call;
(3) The acceptable methods of payment; and
(4) The hours and days the tow truck company's storage facility is open for regular
business.
(f) Tow truck or immobilization companies providing services pursuant to this article shall
allow every vehicle /vessel owner or authorized ep rson dfive4aeen to inspect the interior and
exterior of the towed /immobilized vehicle /vessel upon his or her arrival at the storage facility or
at the immobilized vehicle's location before payment of any charges. In the case of
immobilization companies, the immobilization device does not have to be removed until after
payment is rendered. With the exception of vehicles /vessels being held pursuant to the specific
request or "hold order" of a law enforcement agency, the vehicle owner or authorized ep rson
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717/2015 16.H.1.
shall be permitted to remove the vehicle license tag and any and all personal
property inside but not affixed to the vehicle /vessel.
(g) Companies providing services pursuant to this article shall not store or impound a towed
vehicle /vessel at a distance which exceeds a ten -mile radius of the location within Collier County
from which the vehicle /vessel was recovered, towed or removed unless no towing company
providing services under this section is located within a ten -mile radius, in which case a towed or
removed vehicle /vessel must be stored at a site within twenty (20) miles of the point of removal
within Collier County. All vehicles /vessels to be towed from within the geographical boundaries
of Collier County must be stored at a facility within the geographical boundaries of Collier
Countv, unless exception is expressly made and authorized by a law enforcement officer for
towing companies responding to an accident scene which occurs at the Miami- Dade /Collier
County or Broward /Collier County border.! _ Comment [E34]: Strengthen enforcement
pursuant to Sheriffs request.
(h) Tow truck companies providing services pursuant to this article shall maintain one (1) or
more storage facilities and shall maintain a current county occupational license and shall be open
for the purpose of redemption of vehicles /vessels by owners or authorized erp sons driN,erfagertt
on any day that the tow truck company is open for towing purposes from at least 8:00 a.m. to
6:00 p.m., Monday through Friday and, when closed, shall have posted prominently on the
exterior of the storage facility and place of business, if different, a notice indicating a telephone
number where the tow truck company can be reached at all times. Upon request of the
vehicle /vessel owner or authorized ep rson anver,lagen , the tow truck company shall release the
vehicle /vessel to the vehicle /vessel owner or authorized ep rson dr -fiver /ages within one (1) hour
unless the towing company is required to hold the vehicle by the direction of law enforcement.) _ -- comment [E35]: To comply with Florida
.Statutes.
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(i) Tow truck or immobilization companies shall not, as a condition of release of the
vehicle /vessel, require a vehicle /vessel owner or authorized ep rson Elri;,,erlagen to sign any
release or waiver of any kind which would release the tow truck or immobilization company
from liability for damages noted by the vehicle /vessel owner or authorized person drive gene at
the time of the vehicle /vessel's release. j n itemized, detailed, and signed receipt showing the
legal name of the tow truck or immobilization company removing or immobilizing the
vehicle /vessel shall be given to the vehicle /vessel owner or authorized person driN,erlagen at the
time of payment, whether requested or not, and such receipt must be legible. _ comment [E361: Strengthen enforcement
pursuant to Sheriffs request.
0) Tow truck companies providing services pursuant to this article shall post a notice clearly
visible to the vehicle /vessel owner or authorized en rson Elfiv�= .-'_aea seeking to recover his/her
towed vehicle /vessel, that if the owner or authorized person n believes he /she is being
overcharged for a non - consent tow or, he /she has the right to post a cash or surety bond (or other
adequate security equal to the amount of the charges for towing or storage) for the disputed
amount with the circuit court to obtain release of the vehicle /vessel. Upon the posting of the
bond as set forth in F.S. § 713.78, Florida Statutes, and payment of the applicable fee set forth in
F.S. § 28.24, the clerk of the court shall issue a certificate notifying the lienor of the posting of
the bond and directing the lienor to release the vehicle or vessel. The towing company is
obligated to release the vehicle upon a showing of proof of the bond.
(k) Tow truck companies operating in Collier County shall carry an insurance policy or
policies or certificates of insurance that shall indemnify /insure such company for its liability, at a
minimum, as follows:
(1) Auto liability for each tow truck:
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a. $300,000.00 combined single limit for Class A —Light Duty tow trucks
used exclusively for private property tows.
b. $500,000.00 combined single limits for all other tow trucks.
(2) General /garage liability:
a. $300,000.00 combined single limit for tow truck operators performing
only private property tows impettfids.
b. $500,000.00 combined single limit for all other tow truck operators.
(3) Garage keeper's liability: $50,000.00 for any one vehicle and $100,000.00 per
occurrence.
(4) $50,000.00 on -hook cargo liability coverage for each vehicle.
(5) Workers' Compensation coverage as required by state law.
All insurance policies shall be issued by insurance companies authorized and qualified to do
business in the State of Florida. Notwithstanding the minimum insurance coverage amounts
required herein, the Collier County Sheriff may require higher coverage limits as a condition of
eligibility for working law enforcement rotation calls. To the extent that State law requires
greater liability coverage amounts than those stated herein, the greater amounts required by State
law shall control. The Collier County Sheriffs Office shall be named as a notified park, and /or
certificate holder on all insurance policies set out in this Section, such that upon a lapse in
coverage notice will be provided to the Collier County Sheriffs Office. Comment [e37]: Strengthen enforcement
pursuant to Sheriffs request.
(1) Immobilization companies shall carry an insurance policy or policies or certificates of insurance
that shall indemnify /insure such company for its liability in an amount of no less than $20,000.00
34
Packet Page -2365-
and for Workers' Compensation coverage as required by State law. All insurance policies shall
be issued by insurance companies authorized and qualified to do business in Florida. To the
extent that state law requires greater liability coverage amounts than those stated herein, the
greater amounts required by State law shall control. The insurance shall be kept in full force and
effect by the certificate holder at all times the immobilization company is conducting business.
(m) All tow and immobilizations companies shall post an eight -by -five (8x5) inch placard in
the front window of every truck indicating that they currently carry the required insurance policy
or certificate and that the policy or certificate shall indemnify/ - insure such company for its
liability.
7/7/2015 16.H.1.
Comment [E38]: strengthen enforcement
-- - --
pursuant to Sheriffs request.
W Companies providing towing services and immobilization services shall accept payment
for all charges and rates in the form of cash, cashier's checks. money orders. bank debits card
and major credit cards. Companies shall not require that payment be "Cash Only. " , Comment [E39]: To allow consumers to pay
with all forms of payment.
(mo) The following additional provisions shall apply to the immobilization of vehicles /vessels
on private property:
(1) Prior to immobilizing a vehicle for a first time "incidental" parking violation
(incidental being defined as when a vehicle /vessel is parked such that it intrudes upon an
area in violation of the private property's rules at a distance of less than 6 inches) the
immobilizing company shall first post a legible printed warning notice on the driver's side
window of the vehicle /vessel in a highly visible color, noting the time that the warning
was posted, and stating that the vehicle /vessel is parked in violation of the private
property's rules and that if the vehicle is not relocated to a proper parking spot within six
(6) hours of the issuance of the warning the vehicle /vessel will be immobilized. The
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immobilization company shall keep records of the time of issuance of the warning notice
for a minimum period of one (1) year.
(2) Lease, rental, or property owners' association documents shall contain a notice
provision indicating that the residential property utilizes vehicle /vessel immobilization. In
the case of properties with existing leases, rental agreements or property owners'
associations documents, it shall be sufficient to notify by regular mail, at the last known
address, each of the tenants /owners of the property prior to the initiation of vehicle
immobilization. All new leases, rental agreements or property owners' association
documents shall contain the provision giving notice that the property owner intends to
utilize vehicle immobilization, and a complete and specifically detailed list of rules, that
if violated, will result in vehicle immobilization. A copy of those provisions must be
posted in the rental office and /or a common area. A copy of those provisions must also be
maintained on file in each immobilization service vehicle involved in vehicle
immobilization.
, bank debit eafd Rfli major eredit eafds. _ COMMCfii [E40]: Repetitive provision.
Section Eieht: Deceptive and unfair trade practices.
No person shall eneaae in anv unfair method of competition, unconscionable acts or
ractices or unfair or deceptive acts or practices in the conduct of towine and immobilization
services. A tow truck company is in violation of this Ordinance for any violation of this section
as determined by the Collier Countv Sheriffs Office. A tow truck company engage in an unfair
method of competition or unfair or unconscionable acts or deceptive practices when in the course
of his or her business, vocation or occupation, he or she knows or in the exercise of care should
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know, that he or she in the past engaged or is not engaging in any unfair method of competition
or unconscionable acts or practices or unfair or deceptive acts or practices in the conduct of any
towing or immobilization services „_
- --
comment [E41): To protect the public from
_. _
unfair towing practices and to strengthen
enforcement as requested by Sheriff.
Section Fight Nine: Penalties, enforcement and scope of Ordinance.
(a) Each violation of this Ordinance shall be subject to the maximum fine and /or other
penalties as then specified in the law under which that enforcement action is based, including
§125.69, Florida Statutes; Chapter 162, pt. II, Florida Statutes; as if a misdemeanor under
§775.082, Florida Statutes; or pursuant to any other provisions of law incorporated by reference
into Section 1 -6 of Collier County's Code of Laws and Ordinances on the date of the violation.
(b) Notwithstanding imposition any other penalty or penalties by the county or by any other
entity, upon the fourth incident'hree. ^r ~~^-° separate ineide^'° involving violations of this
Ordinance, committed by the same towing or immobilization company within ^ 365 A^
peFW, is a per se sufficient basis for forfeiture of that towing or immobilization company's
and /or storage company's Collier County occupational license for a period of 4*ty -*0)- hirty
days. If a subsequent violation is committed within three hundred sixty -five (365) days from
the final day of the thirty (30) day forfeiture, that violation is per se a sufficient basis for an
additional thirty (30) day forfeiture of the company's occupational license. At the Sheriff's
discretion more than one violation may occur in one given incident where multiple violations of
this Ordinance are observed by the law enforcement officer. __
- -
comment [Eaz]: strengthen enforcement l
pursuant to Sheriffs request.
(c) This article shall not apply to the towing /immobilization of a vehicle /vessel that occurs
with the consent of the vehicle /vessel's owner or operator.
(d) Violations of the provisions of this Ordinance shall be enforced by the Collier County
Sheri ff.
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(e) Nothing in this article shall prevent the Collier County Sheriff from providing additional
or more restrictive requirements in contracts or arrangements which authorize the recovery,
towing or removal of vehicles /vessels or storage provided in connection therewith.
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