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Ordinance 99-38 ~' ORDINANCE NO. 99 38 ~N 1999 RECEIVED Clerk ,~AN ORDINANCE OF COLLIER COUNTY, FLORIDA, of Board I: ESTABLISHING; MAXIMUM TOWING; FEES FOR NON-CONSENT TOWING; AND DIRECTLY RELATED NON-CONSENT STORAG;E OF TOWED VEHICLES; PROVIDING; FOR CONFLICT AND SEVERABILITY; PROVIDING; FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING; A SPECIAL EFFECTIVE DATE. WHEREAS, effective October 1, 1998, the Florida Legislature enacted Chapter 98-324, Laws of Florida, a law of general application that graph ( ) (1) added a new para c to subsection of Section 125 0103, Statutes, and added a new paragraph (c) to subsection (1) of Se'~n 166.043, Florida Statutes. Both of those new paragraphs read: "Cou~_'.'~s must establish maximum fees which may be charged on the towing'of vehicles from or immobilization of vehicles on private property, remclLX~at and storage of wrecked or disabled vehicles, in the event the owne operator is incapacitated, unavailable, leaves the procurement of wrec[c~r' service to the law enforcement officer at the scene, or otherwise does not consent to the removal of the vehicle"; and WHEREAS, Collier County operates a Wrecker Operator System as defined in subsection (15) of Section 1.01, Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: TITLE. This Ordinance is entitled the "Collier County Maximum Fees for Non- Consent Towing and Storage of Vehicles Ordinance." SECTION TWO: DEFINITIONS. In case of ambiguity, subsection 1.01(15), Horida Statutes, can be referred to construe the intent of this Ordinance. As used in this Ordinance, the respective word or phrase means: "accident scene" means the place where the vehicle is located immediately following an accident that damaged that vehicle. .-- "Authorized Person" 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, including, prioritized in this descending order: owner or co-owner of the vehicle, operator of the vehicle, bailee of the vehicle, or passenger who is then sixteen (16) years of age or older. "authorized wrecker operator" means a wrecker operator who is then designated as part of the wrecker operator system established by the govemmental unit that then has jurisdiction over the scene of a wrecked or disabled vehicle (including, when applicable, the Division of Florida Highway Patrol), and the respective towing is authorized by a law enforcement officer. "disabled" means a vehicle that cannot be moved by its own power because the physical condition of the towed vehicle (including from non-use), lack of fuel, or because such movement, except by being towed, would violate a law or a private rule. "incapacitated" means each person who is then physically or legally unable to drive the towed vehicle at that time 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 person's vehicle operator's license or permit, or otherwise. "law" means applicable ordinance, Florida Statute, statute of the United States, special act, or any applicable lawful and applicable rule or regulation 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 943.10( 1 ), (6) or(8). "non-consent towing" means each instance of vehicle towing when no Authorized Person consents to towing that vehicle from that place on that occasion. "private property" means all tangible property not owned by, leased to, or similarly controlled by a govemmental entity, including private roads. "private rule" means restrictive covenant, deed restriction, parking ticket restriction, and any other private rule or regulation that prohibits that type of vehicle from being at or on that private property at that time, and towing that vehicle from that property is then allowed by law. "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 or an abandoned vehicle. "storage" means retaining actual physical possession of a vehicle at a private storage facility anywhere in Florida, for a consideration, including storage at such a private storage facility by or on behalf of a governmental entity or agency or any subdivision thereof. "towing" means, for consideration, transporting a vehicle by a means other than by the towed vehicle's power source, usually by pulling the vehicle behind a truck or transporting the towed vehicle on a truck bed or other substantially similar conveying vehicle that has four (4) or more wheels. "towing company" means each private parmership, corporation or other privately owned business entity, including sole proprietor, then engaged in towing vehicles for consideration, with or without its own storage facility, '-- including each such authorized wrecker operator, but excluding governmental entities. "unavailable" means that no Authorized Person is physically present at the scene; or is present, but is incapacitated. When no 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 on that occasion. "vehicle" means a machine or other substantially similar thing designed or used to transport one (1) or more persons and/or property over road or land, and that has two (2) 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. Aircraft and vessels, including vessels as defined in subsection 327.02(36), Florida Statutes, are not vehicles. "wrecked" means a vehicle that cannot be driven away from its location because of the physical condition of that vehicle, including from non-use. SECTION THREE: APPLICATION OF ORDINANCE. This Ordinance applies to all geographical areas in Collier County to the greatest extent now or hereafter authorized by law. This Ordinance does not authorize towing. This Ordinance does not grant access to any property. This Ordinance applies only to towing rates and storage rates for non-consent towing and non-consent storage; and towing of abandoned vehicles. A. These maximum towing rates and storage rates shall not apply: 1. To such rates as agreed to by any Authorized Person; 2. To such rates then agreed to by the towing company by written agreement as authorized or required by law that supersedes this Ordinance; 3. To such fees or rates then established in accordance with a written agreement between the towing company and the Sheriff' s Agency or any other governmental entity, or between the towing company and any interstate entity whose authorized activities include towing vehicles owned by others, such as, for example, the American Automobile Association; 4. When every available Authorized Person expressly or by default delegates the procurement and selection of the authorized wrecker operator to a law enforcement officer who is at the accident scene; 5. If the vehicle is towed without delay in route to a destination outside of Florida. Storage in Florida is delay. 6. If the towing company is not then required to have an occupational license in incorporated or unincorporated Collier County to conduct that towing business or that vehicle storage business; or 7. To rates established prior to the effective date of this Ordinance by written agreement entered into by the towing company prior to the effective date of this Ordinance. B. Abandoned Vehicles. This Ordinance imputes consent to tow the abandoned vehicle whenever an owner or co-owner, personally or through a representative, parks or leaves an abandoned vehicle at any place except on property lawfully made available for that parking or storage (e.g., properly zoned junk yard). SECTION FOUR: MAXIMUM RATES FOR TOWING. Limited to the specific towing operation and/or storage: this Ordinance does not limit pass-through of any additional towing and/or storage related fees or charges required or authorized by law which then supercedes this Ordinance. This Ordinance does not limit pass-through of any fee or charge incurred or actually paid by the towing company for service(s) from the Sheriff's Agency and/or any other govemmental entity, or from sole proprietor(s) or private entities, provided those services, in the reasonable judgment of the towing company, were necessary to lawfully and safely tow that vehicle on that occasion, and continuing until the vehicle is either stored at its first storage destination or is lawfully transferred into actual or constructive custody of another person or entity. Also, limited to the specific towing operation and/or storage, this Ordinance does not affect any then existing rights of the towing company to recover from any person or entity all costs actually paid by the towing company for filing any form(s), taking any legal action(s), and/or any other substantially similar costs. The maximum towing rates are: I. CLASS A WRECKERS: BASE RATE: $90.00 MILEAGE RATE: $1.00 FOR EACH HALF-MILE. HOURLY RATE: $16.00 FOR EACH QUARTER HOUR. 4 II. CLASS B WRECKERS: BASE RATE: $125.00 MILEAGE RATE: $1.50 FOR EACH HALF-MILE. HOURLY RATE: $21.00 FOR EACH QUARTER HOUR. III. CLASS C WRECKER: BASE RATE: $185.00 MILEAGE RATE: $2.25 FOR EACH HALF-MILE. HOURLY RATE: $32.00 FOR EACH QUARTER HOUR. IV. HEAVY FOUR WHEEL DRIVE WRECKER: BASE RATE: $225.00 MILEAGE RATE: $2.75 FOR EACH HALF-MILE. HOURLY RATE: $38.50 FOR EACH QUARTER HOUR. V. LANDOLL TRAILER: (ROLL BACK OR DROP BACK TRAILER OR TRUCK) BASE RATE: $150.00 MILEAGE RATE: $2.50 FOR EACH HALF-MILE. HOURLY RATE: $35.00 FOR EACH QUARTER HOUR. VI. SEPARATE CHARGES APPLICABLE TO ALL CLASSES OF WRECKERS: REMOVE DRIVE SHAFT OR AXLE, REMOVE BUMPER OR AIR FOILS, AIR HOOK-UP, SCUBA OR OTHER DIVING SERVICES, AND/OR OTHER REQUIRED SPECIAL SERVICES: THE CHARGE IS THE ACTUAL TIME WORKED ON THE TOWING OPERATION MULTIPLIED BY THE TOWING COMPANY'S THEN APPLICABLE HOURLY RATE. AIR BAGS: $2,000.00 (INCLUSIVE OF THE HOURLY RATES). EXTRA PERSONPOWER: $10.00 PER LABORER FOR EACH QUARTER-HOUR. SECTION FIVE: MAXIMUM STORAGE RATES. These rates apply to storage of each vehicle towed for storage by the non- consent towing described in this Ordinance, provided the storage location is in Florida (intrastate commerce). The limitations listed in Section Four, above, apply equally to storage rates. Vehicle storage rates that are subject to this Ordinance shall be "free of charge" until the vehicle has been stored at a storage facility for six (6) hours. After six (6) hours at that storage facility, based on a twenty-four (24) hour day commencing at 12:01 a.m., the maximum storage rates are: A. INSIDE STORAGE - (Entirely within a closed building): Thirty-two dollars ($32.00) per day or fraction of a day. B. OUTSIDE STORAGE: Thirty dollars ($30.00) per day or fraction of a day. SECTION SIX: PENALTIES AND ENFORCEMENT. 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 Section 125.69, Florida Statutes; Part II of Chapter 162, Florida Statutes; as if a misdemeanor under Section 775.0823, 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 of any other penalty or penalties by the County or by any other entity, three (3) or more separate incident intentional violations committed by the same towing company within any three hundred and sixty (360) day time period is per se sufficient basis for forfeiture of that towing company's and/or storage company's Collier County occupational license applicable to the occupationally licensed location, where, or out of which, the respective intentional violations occurred. No violation of this Ordinance shall subject any individual to incarceration. SECTION SEVEN: 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 this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not effect the validity of the remaining portion. SECTION EIGHT: 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 this Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION NINE: EFFECTIVE DATE - SPECIAL. This Ordinance shall become effective at midnight on Thursday, July, 1, 1999, subject to the County's receipt of this Ordinance back from the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this,~_~day ofk'xY"f~L~ ,1999. # 6 ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA DWIGHT. E. BROCK, Clerk :' neph6, 6rk' PAqVIELA S. MA~'KfE, t~hai~oman ~ pp B as to A rove legal suffi6iehcy: This ordinance filed with the Assistant Coun~ Attorney h:tcp/Ord.99//vehicle tow~g ord~ce STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 99-38 Which was adopted by the Board of County Commissioners on the 25th day of May, 1999, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 25th day of May, 1999. ., Count commissioner~'l!'~..~=,.'~iI.~]~!>~i!i~L Deputy Clerk."/~.'