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Backup Documents 11/10/2009 Item #17G COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS (i) 17G To: Clerk to the Board: Please place the following as a: XXX Normal legal Advertisement (Display Adv" location, etc,) o Other: *****-**-*--*._._.***-*****-********--*--**-***-**-***-***-*-**.*.***._--*-*-*--*.*****--***--*-**-****..* Originating Dept/ Div: County Attorney Person: Jeffrey A. Klatzkow, County Attorney Date: October 27,2009 Petition No. (If none, give brief description): None Petitioner: (Name & Address): N/A Name & Address of any person(s) to be notified by Clerk's Office: (lfmore space is needed, attach separate sheet) See Above Hearing before BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing,) November 10, 2009 (NOTICE TO RUN NO LATER THAN FRIDA Y October 30, 2009) Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News o Other XXX Legally Required Proposed Text: (Include legal description & common location & Size: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 08-47, WHICH REGULATES NON-CONSENT LAW ENFORCEMENT TOWING, PRIVATE PROPERTY TOWING, AND STORAGE OF VEHICLES, BY PROVIDING FOR AMENDMENTS TO THE FOLLOWING SECTIONS: TITLE; DEFINITIONS; MAXIMUM TOWING STORAGE, AND RELATED RATES PERTAINING TO NON-CONSENT TOW SERVICES, AS WELL AS PRIVATE PROPERTY TOWING, AND IMPOUND; TOWING WITH PRIOR EXPRESS INSTRUCTION OF REAL PROPERTY OWNER OR AUTHORIZED AGENT AND/OR LAW ENFORCEMENT AGENCY; NOTICE REQUIREMENTS FOR REMOVING VEHlCLESIVESSELS FROM PRIVATE PROPERTY; TOW TRUCK COMPANY REQUIREMENTS; PENALTIES, ENFORCEMENT AND SCOPE OF ARTICLE; AND PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES, PROVIDING FOR CONFLICT AND SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. Companion petition(s), ifany & proposed hearing date: N/A Does Petition Fee include advertising cost? DYes XXX No I Rev; wed by: If Yes, what account should be charged for advertising costs: 001-100510-649100 - P.O. 4500110664 IO}",)}D1 Date ( f List Attachments: Proposed Ordinances DISTRIBUTION INSTRUCTIONS A. For hearings before BeC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: o County Manager agenda file: to Clerk's Office o Requesting Division o Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. *****************************************************************************.**...*...**..*.*..*..****.... 1 G ORDINANCE NO. 2009- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 08-47, WHICH REGULATES NON-CONSENT LAW ENFORCEMENT TOWING, PRIVATE PROPERTY TOWING, AND STORAGE OF VEHICLES, BY PROVIDING FOR AMENDMENTS TO THE FOLLOWING SECTIONS: TITLE; DEFINITIONS; MAXIMUM TOWING STORAGE, AND RELATED RATES PERTAINING TO NON- CONSENT TOW SERVICES, AS WELL AS PRIVATE PROPERTY TOWING, AND IMPOUND; TOWING WITH PRIOR EXPRESS INSTRUCTION OF REAL PROPERTY OWNER OR AUTHORIZED AGENT AND/OR LAW ENFORCEMENT AGENCY; NOTICE REQUIREMENTS FOR REMOVING VEHICLES/VESSELS FROM PRIVATE PROPERTY; TOW TRUCK COMPANY REQUIREMENTS; PENALTIES, ENFORCEMENT AND SCOPE OF ARTICLE; AND 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 Commissioners desires to amend Ordinance No, 2008-47 to provide additional regulations for the operation of companies utilizing immobilization devices on vehicles within Collier County, Florida, to modif'y posting requirements pertaining to occupational licenses at storage facilities, and to bring clarity to existing language in the ordinance to promote public understanding without affecting a substantive change; and WHEREAS, the Board of County Commissioners believes that the regulations proposed in this amended Ordinance promote and enhance the health, safety and welfare of its citizens; and WHEREAS, on October 27, 2009, the Board of County Commissioners approved amending those sections ofOrdinanee No. 2008-47 as set forth below. Words strucle ilireugll are deleted and words underlined are added, 176 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Collier County Ordinance No, 2008-47, is hereby amended to read as follows: Section One: Section One of the Ordinance is hereby amended to read as follows: 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: Section Two o[ thc Ordinance is hereby amended to read as follows: Definitions. Section Two, Definitions, is hereby amended to read as follows: In case of ambiguity, subsection 1,01(15), Florida Statutes, can bc refcrred to construe thc intent of this article, As used in this article, the respective word or phrase means: Accident scene means the place where the vehicle/vessel is located immediately following an accidcnt that damaged that vehicle/vessel, preventing safe operation, Administrative/lien fee shall mean the fee that is chargcd by a towing company for titlc rccords, 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 vehiclc or vessel as required by S 713,78, Florida Statutes, 2 Words ~ are deleted and words underlined are added, 176 Authorized person (for a vehicle/vessel) means any individual who at thc 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 passengcr who is then] 6 ycars of agc or oldcr, or insurancc company authorized by thc owner or co-owner of a vehicle/vessel. Authorized agent (for a property) means any agent or authorized agent for a property owner who has written authority to sign for an absentee owner or association board for the removal of a vehicle or vessel parked on real private property, Authorized wrecker operator means a wrecker opcrator who is then designatcd 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, whcn 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. Commercial Motor Vehicle is defincd as follows: Any motor vehicle or motor vehicle combination used on the streets or highways, which: (a) has a gross vehicle weight of 26,00] pounds or more, or has three or more axles regardless of weight, or is used in combination when thc weight of such combination exceeds 26,001 pounds gross vehicle weigh; (b) is designed to transport morc than ]5 persons, including the driver; or (c) is transporting hazardous materials and is required to be placarded in accordance with Title 49 CF,R, part] 72, Subpart F. Disabled means a vehicle/vessel that cannot be movcd by its own power because the physical condition of the towed vehicle/vessel, including from non-use, lack of fuel, mechanical malfunction or becausc such movemcnt, except by being towed, would otherwise be illegal or violate a private rule, 3 Words struek through arc deleted and words underlined arc added, Extra lime at scene shall mean any extra time beyond one-half (1/2) hour at an accident 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 infonnation: (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, and (4) the officer's name badge number, 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 wcight of the vehicle(s)/vessel(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 undcr arrest, bcing dctained, revocation or suspension of that person's operator's license or pennit, or any other condition that the jurisdictional law enforcement officer determines is justification to call a wrecker off of rotation, Immobilization Device means anv device attached to a vehicle which is designed to prevent the vehicle from being operated, Immobilization means the utilization of a "boot" or other mechanism which causes a vehicle to be immobile or otherwise renders a vehicle immobile or in operable, Immobilization Companv means the private partnership. corporation or other privatelv owned business entitv. including sole proprietor. engaged in the immobilization of vehicles. 4 Words stRIck through are deleted and words underlined are added, l?S l?C including the utilization of a "boot" or other mechanism which causes a vehicle to be immobile or otherwise renders a vehicle immobile or inoperable. 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 thcreof 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)(I) (3) inclusive; or subsection 9443,1 0(1), (6) or (8), Law Enforcement Tow shall mean any tow authorizcd by any jurisdictional law enforcement officer where an authorized wrecker operator is dispatched off of the wrecker rotation system (a non-conscnt 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 I engineered grade sheeting (ASTM 04956-01). The letters may be screen printed on the type I sheeting using a compatible transparent ink so that the retroreflective is maintained and visible, Mileage charge shall mean allowable charges for miles from the location of the company storagc yard to the location of an accident scene or scene of a rotation call authorized by a jurisdictional law enforcement agent. Mileage charges arc 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 Ofticer Tows" and "Private Property Impounds/Tows" as defined herein, 5 Words struck through are deleted and words underlined are added, 176 Operator shall mean any person who provides the services of recoveIing, 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 drivcr of a tow truck, Person shall mean any natural person, firm, partnership, association, corporation or other entity of any kind whatsoever. Private properly means all real property not owned by, leased to, or similarly controlled by a governmental entity, including private roads, Private properly impound or tow shall mean towing or removal of a vehicle/vessel without the consent of thc vehicle's owner or authorized drivcr whcn that vehicle/vesscl is parked on real property, as authorized by F.S, S 715.07, as may be amended, when the authorized agent for thc property or the owner of the property has requested removal ofthe 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 that vehiclc/vcsscl from that propcrty is then allowed by law, Real properly 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 propcrty owner" shall not mean or include a person providing towing services within the purview of this article, 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. 6 Words struck t1mllfgfl are deleted and words underlined are added. 17G Remove shall mean the removal of a vehicle/vcssel from a canal or other body of water, a wooded arca not readily acccssible 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 privatc, 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. 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 privatc storagc 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 vehiclc/vcssel at a location where the person providing the towing services exercises control, supervision and responsibility over the vehicle/vessel. Storage facility shall mcan thc location whcrc towed vehicle/vessels are stored, 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 morc wheels, Towing company mcans any private partncrship, corporation or other privately owned business entity, including sole proprietor, engaged in the operation of towing vehicles/vcssels by 7 Words stmelc througfl are deleted and words underlined are added, 17G means of a tow truck slide bed, wrecker or any othcr form of towing apparatus designated for the purposc 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, Tow truck placard shalJ mean a decal or sign issued by the local government agent, authorized jurisdictional law enforcement agcncy, or similar governmental body, which is placed upon any tow truck to designate authorization to engagc in non-consent tows and to allow parking in specialJy designated areas authorized by the county or jurisdictional governing body, Unavailable means that no authorized person is physicalJy prcscnt at thc 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, Vehicle means a machine or other substantially similar thing designed or used to transport one of more persons and/or property over road or land in the state of Florida, and that has two or more wheels, and is propelJed by its own engine, motor, or pulJing animal(s), Vehicle includes car, truck, trailcr, semi-trailer, motorcycle, motor scooter, moped, bus, van, recreational vehicle, alJ-terrain vehicle, golf cart, animal-drawn vchiclc, and every other substantially similar means of wheeled transportation, Vessel is synonymous with boat as refcrenced in s, I (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, 8 Words struck through are deleted and words underlined are added, 17G Section Three: Section Four of the Ordinance is hereby amended to read as follows: Maximum towing, storage and related rates pertaining to non-consent tow services, as well as, private property towing, ltftd impound, and immobilization. (a) Limited to the specific towing or immobilization operation and/or storage, this article does not limit pass-through of any additional towing and/or storage related fees or charges required or authorized by law which supersedes this article. Also, limited to the specific towing or immobilization operation and/or storage, this article does not affect any then existing rights of the towing or immobilization company to recover from any person or entity all costs actually paid by the towing company for filing any formes), taking any legal action(s), and/or other substantially similar 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: (I) Towing services per call, which shall include time from arrival on scene through the first thirty (30) minutes on scene that thc tow truck is actually engaging in the safe removal of a vehicle/vessel. (2) A mileage charge for only law enforcemcnt directcd tows bascd upon the distance from the towing business' location to the scene and back (3) Storage charges that shall begin six (6) hours aftcr 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 9 Words struck through are deleted and words undcrlincd are added, l?G $J'. in for storagc at 6:00 p,m., bctwcen 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 begi ns), where: (a) Law enforcement has authorized the vehicle/vessel to be impounded; or (b) The appropriate 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 impound tow per Florida Statute ~ 715.07, (4) Indoor storage rates may only be charged upon the express direction and written authorization of the owner/authorizcd driver/agent, lien holder, msurance 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 shaJJ 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 impounded; or 10 Words struck throagh are deleted and words underlined are added, 17G (b) The law enforcement agency has been notified by the tow truck company, within 30 minutes after complction of such towing or removal, that the tow truck company is in possession of a vehicle/vessel resulting from a private property impound tow per Florida Statute ~ 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, correspondencc copies, etc,), thereby establishing that fees have actually been expended, (6) Underwater recovery performed by a certified/professional diver with the written documentation and approval by the invcstigating law enforcement agency/officer on scene, (7) A late-hour gate fee may be applied between the hours of 6:00 p,m. to 8:00 a.m. Monday through Friday, and 6:00 p.m. Friday to 8:00 a,m, Monday, for law enforcement tows, when: (a) Impounded vehicles/vessels are recovered by the owner or authorized driver/agent during the aforementioned late-hour gate period; or (b) The owner or authorized driver/agent wishes to recover property from the impounded vehicle/vessel during the late-hour gate period. There shall be no charge to any owner or authorized person wishing to remove prescription medication and prescription eyeglasses from an impounded vehicle/vessel, Tow truck operators may inform the owner or authorized driver/agent 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 driver/agent of the 11 Words struck through are deleted and words underlined are added, 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. Section Four: Section Five of the Ordinance is hereby amended to read as follows: 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, immobilize. tow, or remove a vehicle/vessel from real property, or provide storage in connection therewith, without the prior express instruction of the vehicle/vessel owner or authorized driver, except in accordance with the following: (a) Police 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 agreemenls between the tow truck company and a governmental entity and/or law enforcement agency, 12 Words stmelt tRrough are deleted and words underlined are added, 176 17G (b) Private property impound: Tow truck or immobilization companies may recover, tow. immobilize or remove a vehicle/vessel based upon a private property impound 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 companies providing private property towing or immobilization in Collier County must have their storage facility and principal 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, A person may not payor acccpt money or other valuable consideration for thc privilege of towing, immobilizing or removing vehicles or vessels from a particular location as mandated by Fla, gtat F.S, 9 715,07( 4)(2)(a)( 4), The tow truck or immobilization company recovering, towing or removing a vehicle/vessel shall, within thirty (30) minutes of completion of such towing 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 bc stored, the time the vehicle was secured to the towing vehicle/vessel, and the make, model, color and vehicle license plate number (if any) or registration number of the 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 record, For A;!ll vehicles/vessels removed or immobilized by tfle ;! tow truck or immobilization company, shall eSffiplete a private property tow or immobilization ferm 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 whiCH inelHaes the following information: the year, make, model, color and vehicle identitication number, the vehicle license plate number (if any), a statemcnt of any visible damage to the exterior of the vehicle/vessel, and an inventory 13 Words sln1ek through arc deleted and words underlined are added, 17 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, (c) 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 Identitication number. (d) Except as otherwise provided in this article, no such prior express instruction shall bc considered to have been given: (I) By the mere posting of signage as required by this article; (2) By virtue of the terms of any contract or agreement between a tow truck company and a real property owner; (3) When the prior express instruction occurs in advance of the actual unauthorized parking of the vehicle/vessel; or (4) Where the prior express instruction is general in nature and unrelated to specific, individual and identifiable vehicles/vessels, which are already parked without authorization, (c) 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, thc namcs and titles of all persons (i.e., owner, property manager, condominium president, etc,) who have the authority to appoint persons (i,e" security guard, night watchman, onsite manager, etc,) who can authorize prior express instruction to the tow truck or immobilization company to remove, recovcr. 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 service, Any addendum to the contract shall include additional names and titles as necessary, No such contract shall state that the tow truck or immobilization company assumes the liability for improperly towed or immobilized vehicles/vessels, contrary to 1',5, S 715,07(4), The tow truck or immobilization 14 Words struck threugh are deleted and words underlined are added, 17G company must keep on tile 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, 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 one (I) year following the enactment of this article, (I) Tow truck or immobilization companies may not enter into a writ(en contract with the owner of private property that authorizes the tow truck or immobilization 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. (g) Real property owners or authorized representatives 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, (h) Any pcrson who improperly causes a vehicle/vessel to be recovered, towed, or immobilized. removed or stored shall be liable to tbe vehicle/vessel owner or authorized representative 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. (i) Except as otherwise provided in this ordinance or allowed bv law. the practice of placing a "boot" or other immobilization device on a vehicle is orobibited, When placement of an immobilization device is allowed bv law. immobilization shall occur in accordance with the 15 Words struck through arc deleted and words underlined are added, 27 provisions of this ordinance or the provisions of any applicable statute pursuant to which a vehicle is immobilized. as follows: 16 Words stmek through are deleted and words underlined are added. 17G (5) Upon request of the immobilized vehicle's owner or authorized driver/agent. and payment of anv applicable fee. the tow truck or immobilization companv shall release the immobilized vehicle to the vehicle's owner or authorized driver/agent within one (I) hOUL Section Five: Section Six of the Ordinance is hereby amended to read as follows: Notice requirements for removing vehicles/vessels from 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: (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: (i) A light reflective sign shall be prominently placed at cach 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 abovc 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 rcmoval of any vehicle/vessel(s), 17 Words stmsl, through are deleted and words underlined are added, 17G (ii) 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-A WAY ZONE" must be included on the light reflective sign in not less that 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" (iii) The light reflective sign shall clearly indicate, in not less that two-inch high letters on a contrasting background, the days of the week, and hours of the day during which vehicles/vessels will be towed or immobilized away at the owner's expense; and the name, address and current telephone number of the tow truck or immobilization company performing the towing service. (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 nccessary, 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: 18 Words stn.el, through are deleted and words underlined are added, 176 (i) The real property on which a vehicle is parked is property appurtenant to and obviously part of a single-family type residence; or (ii) 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) Ellee13t as etherwise llrovided hereiJl. Wwhen any real property owner instructs a vehicle/vessel to be recovered, towed, immobilized or removed from his or her property and stored, shelhe or a designated representative authorizing the tow or immobilization shall sign their name and print their driver's license number on the tow ticket and include a vehicle condition report and a visual inventory list a>ltfierizing tfie taw thereon, 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) If the vehicle/vessel owner or authorized driver/agent 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 driver/agent shall be allowed to remove the vehicle/vessel without interference upon the payment of a reasonable service fee of not more that one-half (1/2) of the posted rate for such towing service (drop charge), for which a receipt shall be given, unless that person refuses to remove thc vehicle/vessel, which is unlawfully parked, In the case of an immobilized vehicle. the droll charge would be one-half of the established fee, No service fee shall be demanded or llaid 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 authorized/driver/agent prior to request for the payment In the event the owner/driver of 19 Words slruek through are deleted and words underlined are added, l?S the vehicle/vessel is occupying the vehicle/vessel and refuses to vacate same, in addition to the drop charge, the ~ tow truck company/driver is permitted to charge extra time at the sccne 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 agent upon demand. Section Six: Section Seven of the Ordinance is hereby amended to read as follows: Tow truck/Immobilization company requirements. (a) Tow truck or immobilization 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 exprcssly direct, and shall not keep the vehicle/vessel in any temporary holding area, (c) Tow truck or immobilization companies providing services pursuant to this article 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 Sucll pemo!ls 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 impounds and/or the rcmoval 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 20 Words stfllelc throubh are deleted and words underlined are added, J7G authorized driver/agent pursuant to state statutes, The above information shall be posted prominently in the area designated bv such companies for the '/ehieJe/yessel OWRer or authorized driver/agent (0 transact business. During business hours, such area shall provide shelter, safety, and lighting adequate for the vehicle/vesscl owner or authorized driver/agent to read the posted rate schedule, Further, notice shall be posted advising the vehicle/vessel owner or authorized driver/agent 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, (d) Tow truck or immobilization 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 driver/agent 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: (i) Each and every document or other item which must be produced to retrieve the vehicle/vessel; (ii) The exact charges as of the time of the telephone call, and the rate at which charges accumulate after the call; (iii) The acceptable methods of payment; and (iv) The hours and days the storage facility is open for regular business, (I) Tow truck or immobilization companies providing services pursuant to this article shall allow every vehicle/vessel owner or authorized driver/agent to inspect the interior and exterior of the towed vehicle/vessel upon his or her arrival at the storage facility or the immobilized vehicle's location before payment of any charges, With the exception of vehicles/vessels being held pursuant to the specific request or "hold order" of a law enforcement 21 Words struck through arc deleted and words underlined arc added, 17S agency, the vehicle owner or authorized drivcr/agent shall be permitted to remove the vehicle license tag and any and all personal property inside but not affixed to the vehicle/vessel. (g) T ew truck Ceompanics 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, (h) Tow truck companies providing services pursuant to this article shall maintain one (1) or more storage facilities. each of whieh and shall maintain a current county occupational license and shall be open for the purpose of redemption of vehicles/vessels by owncrs or authorized drivers/agents 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 driver/agent, the tow truck company shall release the vehicle/vessel to the vehicle/vessel owner or authorized driver/agent within one (I) hour. (i) Tow truck or immobilization companies shall not, as a condition of release of the vehicle/vessel, require a vehicle/vessel owner or authorized driver/agent 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 driver/agent at the time of the vehicle/vessel's release, A detailed, signed receipt showing the legal name of the tow or immobilization truck company removing the vehicle/vessel shall be given to the vehicle owner or authorized driver/agent at the time of payment, where requested or not 22 Words struck through are deleted and words underlined are added, 27 U) Tow truck or immobilization companies providing services pursuant to this article shall post a notice clearly visiblc to the vehicle/vessel owner or authorized driver/agent seeking to recover hislher towed vehicle/vessel, or to have an immobilization device removed that if the owner or authorized driver/agent believes he/she is being overcharged for a non-consent tow or immobilization, 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 Section 713,78, Florida Statutes, and payment of the applicable fee set forth in Section 28,24, Florida Statutes, 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 oft he bond, (k) Nothing in this article shall prevent the Collier County Sheriff from providing additional or more restrictive requirements in contracts or arrangements which authorize the rccovery, towing or removal of vehicles/vessels or storage provided in connection therewith, (I) Tow truck or immobilization 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: (i) Auto liability for each tow truck: 1, $300,000 combined single limit for Class A-Light Duty tow trucks used exclusively for privale property impounds, 2, $500,000 combined single limits for all other tow trucks, (ii) General/garage liability: L $300,000 combined single limit for tow truck operators performing only private property impounds, 2, $500,000 combined single limit for all other tow truck operators, (iii) Garage kceper's liability: $50,000,00 for any onc vehicle and $100,000 per occurrence, (iv) $50,000 on-hook cargo liability coverage for each vehicle. 23 Words stmek through are deleted and words underlined are added, '76 (v) 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 amolmts 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 rcquired by State law shall control. Section Seven: Section Eight of the Ordinancc is hereby amended to read as follows: Penalties, enforcement and scope of article. (a) Each violation of this article 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 any other penalty or penalties by the county or by any other entity, three or more separate incidents involving violations of this ordinance, committed by the same towing or immobilization company within a 365 day time period, 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 sixty (60) days, (c) This article shall not apply to the towing 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 Sheriff 24 Words struck tRrOligR are deleted and words underlined arc addcd, Section Eight: Inclusion in the Code of Laws and Ordinances. l?a 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 re-lettered to accomplish such, and the word "ordinance" may be changed to "section," or any other appropriate word, Section Nine: Conflict and severability. In thc cvent this ordinance conflicts with any other Ordinance of Collicr 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 Ten: Effective Date. This ordinance shall take effect upon filing with the Florida Department of State, 25 Words S!fllelHftretlgh are deleted and words underlined are added, 116 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this _t/l day of November, 2009. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: DEPUTY CLERK DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency: s~tf-J~L Deputy County Attorney 26 Words streck through are deleted and words underlined are added, 176 Acct. #068784 October 27,2009 Attn: Legals Naples News Media Group I 100 Immokalee Road Naples, FL 34110 Re: Amending Ordinance No. 2008-47, Towing Ordinance Dear Legals: Please advertise the above referenced petition on Friday, October 30, 2009 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.o. #4500110664 l?S NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, November 10, 2009, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 08-47, WHICH REGULATES NON-CONSENT LAW ENFORCEMENT TOWING, PRIVATE PROPERTY TOWING, AND STORAGE OF VEHICLES, BY PROVIDING FOR AMENDMENTS TO THE FOLLOWING SECTIONS: TITLE; DEFINITIONS; MAXIMUM TOWING STORAGE, AND RELATED RATES PERTAINING TO NON-CONSENT TOW SERVICES, AS WELL AS PRIVATE PROPERTY TOWING, AND IMPOUND; TOWING WITH PRIOR EXPRESS INSTRUCTION OF REAL PROPERTY OWNER OR AUTHORIZED AGENT AND/OR LAW ENFORCEMENT AGENCY; NOTICE REQUIREMENTS FOR REMOVING VEHICLES/VESSELS FROM PRIVATE PROPERTY; TOW TRUCK COMPANY REQUIREMENTS; PENALTIES, ENFORCEMENT AND SCOPE OF ARTICLE; AND PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES, PROVIDING FOR CONFLICT AND SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on Board and are available for inspection. invited to attend and be heard. file with the Clerk to the All interested parties are NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. l?S If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) 17G Martha S. Vergara From: Sent: To: Subject: Attachments: Martha S, Vergara Tuesday, October 27, 20092:26 PM Naples Daily News Legals Ord, Amending Ord, 08-57 (Towing Ord,) Amending Ordinance 2008-47 (Towing Ord, Amendment 11-09).doc; ORDAMEND,ORD,08-47(Towing OrdAmendments 11-09),doc Lega Is, Please advertise the following attached ad on Friday, October 30, 2009, Send an ok when you receive, Thanks, Martha Vergara, Deputy Clerk Clerk to the Board of County Commissioners Minutes and Records Department 239-252-7240 239-252-8408 fax (ma rtha. verc;Ja ra<1ilcollierclerk.com) 1 Martha S. Vergara 17C From: Sent: To: Subject: Pagan, Emely [EPagan@Naplesnews,com] Tuesday, October 27,20094:38 PM Martha S Vergara RE: Ord, Amending Ord. 08-57 (Towing Ord,) ok From: Martha S. Vergara [mailto:Martha.Vergara@collierderk,com] Posted At: Tuesday, October 27, 2009 2:26 PM Posted To: Legals - NDN Conversation: Ord, Amending Ord. 08-57 (Towing Ord.) Subject: Ord. Amending Ord, 08-57 (Towing Ord.) Legals, Please advertise the following attached ad on Friday, October 30, 2009, Send an ok when you receive, Thanks, Martha Vergara, Deputy Clerk Clerk to the Board of County Commissioners Minutes and Records Department 239-252-7240 239-252-8408 fax (martha. veraara@collierderk,com) Under Florida Low, e-mail addresses are public records, If you do not wantyoure.mail address released in response to a public records request, do not send electronic mail to this entity, Instead, contact this office by telephone or in writing, 1 NonCE OF INTENT TO CONSIDER ORDINANCE Notice Is hereby given that on Tuesday, Novp.mber 10, 2009, in The Boardroom. 3rd Floor, AdmlnMration Building, Collier Cownty GOvernment Center, 3301 EaSl: Ta- miami Trail, Napl~, Florida1lhe Board of County Comnmsloners wllconsld'l'r the enactment of a County Ordinance. The meeting will commence ~t 9:00 A.M. The tItle of the proposed Ordinance is as fol~ I~\I$: 17G AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDI. NANCE NUMBER 08.47, WHICH REGU. LATES NON.CONSENT LAW ENfORCE. MENT TOWING, PRIVATE PI10PERlY TOWING, AND STOllAGE OF VEHICLES, BY PROVIDING FOR AMENDMENTS TO THE FOLLOWING SECTTONS TITLE; DEFINI. TlONS; MAXIMUM TOWING STORAGE. AND RELATED RATES PERTAINING TO NON.CONSENT TOW SERVICES, AS WELL AS PRIVATE PROPERTY TOWING, AND 1M. POU~lD; TOWING WITH PRIOR EXPRESS INSTRUCTION OF HEAL PHOPERTY OWN. ER OR AUTHORIZED AGENT AND/OR LAW ENFORCEMENT AGENCY, NOrlCE AE. QUIREMENTS FOR REMOVING VEHICLES. NESSELS F-ROM PRIVATE PROPERTY. TOW TRUCK COMI'ANY ITEQUIREMENTS; PEN. ALTIES, ENFORCEMENT AND SCOPE or ARTICLE; AND PROVIDING FOflINCLU- SION IN THE CODE Of I.AWS AND ORDI. NANCES, PROVIDING FOR CONFUCT ANO SEVERABILITY, ANL) PROVIDING FOR AN EFFECTIVE DA TE Caple,> of the prapO':ied Ordinance ar~ on file with th~ LI~rk 10 the Board and are available tr.H inspe-ctian. All Interested parti@s are Invited to attend and be- heard. Non All per'ions wishinl.;l to "peak 011 any ag@nda .'1em mUST register with tn@ (aLlnty administrator pnor to preo~ema' tlCJn of thp ,agenda ih"m to bl!? addressed Individual speakers will be limiud to 5 minUTes on any ItPm. The sl?Jection of an Individual to speak on beh<3lt of an orga. Illz.nion or group is encouraged. If rec- ognized by the Chairman, .a spokespEff~Ofl Tor a group or organization may be ai- lott@d to minutes to speak on an itl?m. PolrSOno;, wishing to have written or graph- IC mate-rials induded in the Board agenda packet'> mu'i! ,>ubmi1. said material a min- imum of 3 weeks prior 10 thE' resp@.(tive public hearing. In any case, written ma. terials inrend@d to be considl1'red by the Board shall be- submitted to the dppropri. ate County staff a minimum af seven dilY~ prior w the public h.:>armg. All matenal lJseclln prE',entatkms before the Board will becomE' a permansnt pan of the re. corel. Any person who detides to appeal a dl?<i- sian ot th@ Board will need ~l record of the proceedings psrtaining thertlto and therefore, may need [0 ensure then a ver- batim record of The proceti!dil1gs is made-, which record includes the t@stlmony and e'Jidence upon which the appeal is based. If you are a per50n with a disability who needs ,any accommodation in order to participate In this proce-eding, YOiJ are en. titled, at no (O,st to you, to the provi!iion of certain aSSistancE'. Please contact the Collier County Facilities. Man,agernent De- partment, located.:l1 3301 Tamiami Trail East, Building W, Naples, Florida 3-1112, (239) 252.8380, Assisted listening device50 for the he-aring impaired are allaildble in thl? County Commiasionl'.'r.'i' Office. BOARD OF COUNTY WMMISSIONERS COLLIER COUNTY, FlORIDA DONNA FIALA, CHAIRMAN DWIGHT E, BROCK, CLERK By: Martha Vergara, Deputy Clerk (SE,..\l) October 30; 2:009 No182341S ~",,,",,,,,,,,,~-,,;,,--,,~.,,,,...,-~_.,, ,.._'-----,~-..._"-,""----<._-~--"'--~-'._"._,',. -,-~~,-,-,-,.,"-,-,-_.,-,. 1 7 Iff Martha S. Vergara From: Sent: To: Subject: Naples Daily News [naplesnews@clicknbuy,com] Friday, October 30, 200912:11 AM Martha $, Vergara Thank you for placing your classified advertisement. Ad # 1823415 Thank you for placing your classified advertisement. The following represents the current text of your advertisement: NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, November 10, 2009, in the Boardroom, 3rd Floor, Administration Building, Collicr County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider thc enactment of a County Ordinance. The meeting will commence at 9:00 A,M, The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 0847, WHICH REGULATES NON-CONSENT LAW ENFORCEMENT TOWING, PRIVATE PROPERTY TOWING, AND STORAGE OF VEHICLES, BY PROVIDING FOR AMENDMENTS TO THE FOLLOWING SECTIONS: TITLE; DEFINITIONS; MAXIMUM TOWING STORAGE, AND RELATED RATES PERTAINING TO NON-CONSENT TOW SERVICES, AS WELL AS PRIVATE PROPERTY TOWING, AND IMPOUND; TOWING WITH PRIOR EXPRESS INSTRUCTION OF REAL PROPERTY OWNER OR AUTHORIZED AGENT AND/OR LAW ENFORCEMENT AGENCY; NOTICE REQUIREMENTS FOR REMOVING VEHICLESIVESSELS FROM PRIVATE PROPERTY; TOW TRUCK COMPANY REQUIREMENTS; PENALTIES, ENFORCEMENT AND SCOPE OF ARTICLE; AND PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES, PROVIDING FOR CONFLICT AND SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard, NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item, The selection of an individual to speak on behalf of an organization or group is encouraged, If recognized by thc Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing, In any case, written materials intended to be considered by the Board shall be submitted to the appropriatc County staff a minimum of seven days prior to the public hearing, All material used in presentations before the Board will becomc a pem1anent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based, If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 2528380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E, BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) October 30, 2009 Nol823415 You also have the exciting option to enhance your online advertisement with extended text, photos and even 17S multimedia! Enhancing your classified advertisemcnt will give you increased exposure to thousands of online shoppers that visit our classified section every day. You can also choose to add shipping and delivery options for the buyer. Enhancing your advertisement is easy; just follow the online AdWizard to add an expanded description, photos and even video/audio of your item. To login to the New Ad Wizard use your e-mail address and existing password, Go to: http://secure.adpav,com/adwizard 10gin,aspx?I=1 5019450, if this link is inactive, cut and paste it into your browser address window, rfyou need any assistance with your advertisement, please contact our classifieds department 239-263-4700 Thank you for using naplesnews.com Online Classifieds, 2 Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News 3'-='=/C:VE2 BUDGE':' C\FFIC3 :~~RI:JF 2:::R::'. 2:JURT 3h~~ SCnNEEBEEGER ~. C 30;: 4 =-3 C4-4. NAPL~.s Fl...' 3~,:' C 1 REFERENCE: 068784 59595223 P.O. #4500110664 NOTICE OF INTENT TO State of Florida County of Collier Before the undersigned authority, personally appeared Phil Lewis, who on oath says that he serves as the Editor and Vice President of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Colller County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, fi~m or corpoyation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 10/30 10/30 AD SPACE: 109 LINE FILED ON: 10/30/09 , ::~~~:~~:-::-~::::~:---~-~.--------~----: Sworn to and Subscribed before me this ~~^ J.?G I J NO-TIce:,OfIHTlNT"TO CONSIDER OllDI!iAtjl'E ~~J,.~~fi:!aig: InD. 'Government Cen- WO, ~ "iii', N"",.., slonm" "l"~n~~i .~tf , ",'___., ,:,~~~mi ~IIIIlImI'!<IOIjjln""'Is"fO" AN COUNTY, NANe! it.Wr ~~l~Q, AMZoJ:~lf~ THE FOllOWING SECT-tONS: TITLE; DEFINITIONS' MAXIMUM TOWJNG STORAGE, ANb RELATED AATESPER. TAININGra NON-CONSENT TOW &AV1CI!5' AS WELL AS PRIVATE " ..Y rOWING. AND IMPOUND; 10Wl ,WfJ:H:JtltIOR_ EXPRESS IN. STRUCT Of' 'EERTY OWN; ER OR ',' NT AND/OR .lAW .... Y; NOTICE CL "=VING VEHj. ERTYi ...cOM~lEN~~:: QUIREMENT!t.:PlNAL TIUJ..:.ENFORCE- MENT AND :.cOPE OF ArtuClE' AND PROVIDING FOR INClUSiON IN THE r CODE OF LAWS ANDOROINANCiS, PROVIDJNGFOR CONFLICT AND SEVE- RAS!UTY, :4ND PRovtDlNG FOR AN EF. ~EDATE.' ~"ft()f tl;leh. proposed Ordinanc~ ~oo. k! wit the Clerk to the Board ~ Wavallable for Inspection, All Interested partres are- Invited to at- 'O!l'IJ>ehWd, ~'I persons wishing to speak agenda Item must register County administrator prior allan of the agenda Item to addressed. tndlYidualspeakers .'.1 be limited to 5 minutes on. any. \ itt,;:.' 'The selection of an Individual IPNk on behalf of an organization or' group 1$ encouraged. j.f recog. nlzed by th,e Chairman, a spokesper- c:"J:i~~.or'Organlzatlon may Item, .' ,IQ. lnutes to speak 00 an Persons wishing to have written or gre,phlcmaterials. Included in the Board 'fedap~.~ kets must submit' s~ld m rlaf.- minimum of 3 weeks to. . fve"pubtic hearing. rwi.lo'~ -... .wen .'i:AIf- ~~ntl ~Any person whO d9Cldesto-appeal-i decision of the Board will need a reo cord of the proceedings pertaining thereto and therefo're, _ may need to ensure' that a \'-erbatlm record of' the r.roc.eedlngs Is made, 'oVl\lch record neludes the testimony lIi'Id eviden(:e , UPOIlWhicPth~~,jS based. I~-Yf)ll mali.' . rsti1!,wttha disability WtWneds,. ~m~tion In or. der 'to' partl ate In thlsp"oceedlng, you are entitled, at no cost to yov, to the provision of certain l\$sistance. Please contact ..the- Collier COUnty Fa- cllltk!s Manaaement'Department. 10' ~at~,at 3)01 TamlamlTralJ East, Bt.tl.. W, Naples, FForlda 34112, (23t) ..' 80. Assisted listening de- 'de".. .' tll.e h.earlng Impaired are .vt.lh '_In ..the:... County Commisslon- W 8OARIl. ;,",CO.'UNTY.~.'C ....SSt..""ERS COUltRcOUNN . A:' ..... . I\U. '~'~........Cl'" -- ilL,,,,,". . Nql!IJ3415 day of [\)"v~",'o-eV" 2000\. Pe~sonally known by me ,....fI".. '~m'\'" '''';;-;" KAROL E KANGAS f. ..: . ~ Notary PUbliC: State of Florida ;u:>.. !:J~i My Comm. Expires Ju129. 2013 ~"~::,~(). f~'\":::'-- Commission # 00 912237 ,.""", l?S ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA TURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Otlice. The completed routing slip and original documents are to be forwarded to the Board omce only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed If the document is already complete with the exception of the Chairman's signature, draw a line throul!t routin'" lines # 1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) L -- - -,'- - -- 2 _.~ -".- --- 3, ----- 4, Scott R, Teach, Deputy County Attorney County Attorney <:::rJ4 11110109 5, Ian Mitchell, Supervisor Board of County Commissioners 1/~ l\lIO{O~ 6, Minutes and Records Clerk ofCourl's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Nonnally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BeC Chairman's signature are to be delivered to the Bee office only after the BeC has acted to approve the Item. Name of Primary Staff Scott R, Teach Contact Agenda Date Item was ~ II I (; - C'1 A roved b the BCC Type of Document Attached Phone Number 252-8400 Agenda Item Number 17G Number of Original Documents Attached I of each INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is appropriate. L Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials. All handwritten strike~through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BeC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofSeC approval of the document or SRT the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and SRT initials are re uired. In most cases (some contracts arc an exception), the original document and this routing slip should be provided to Sue Filson in the Bee office within 24 hours of Bce approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions arc nullified. Be aware of our deadlines! The document was approved by the BeC on November 10.2009 and all changes made during SRT the meeting have been incorporated in the attached document, The County Attorney's Office has reviewed the chan es, if a licable. Please return I copy to Scott Teach, Deputy County Attorney and I copy to Tom Wides, SRT o erations Director, PUD 2, NIA 3. 4, 5. 6. 7 I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS OriginaI9.0J.04, Revised] .26.05, Revised 2.24.05 ((matter _ numbem! ((document_ numbem MEMORANDUM Date: November 13, 2009 To: Scott Teach, Deputy County Attorney County Attorney's Office From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2009-271 Enclosed please find one copy of the document referenced above (Agenda Item #17G), approved by the Board of County Commissioners on Tuesday, November 10, 2009. If you should have any questions, please call me at 252-8411. Thank you. 17G MEMORANDUM Date: November 13, 2009 To: Tom Wides, Administrator Public Utilities From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2009-271 Enclosed please find a copy of the document, as referenced above (Agenda Item #17G), approved by the Board of County Commissioners on Tuesday, November 10, 2009. The Minutes & Records Department has retained the original to be kept in the Official Records of the Board, Thank you. Enclosure 17G 17G RESOLUTION NO. 2009- 271 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY PURSUANT TO ORDINANCE NUMBER 2008-47, AS AMENDED, SUPERCEDING RESOLUTION NUMBER 2008-272 ESTABLISHING MAXIMUM FEES FOR NON-CONSENT LAW ENFORCEMENT TOWING, PRIVATE PROPERTY TOWING, THE USE OF IMMOBILIZING DEVICES, AND THE STORAGE OF VEHICLESNESSELS AND RELATED FEES. WHEREAS, on November 10, 2009, the Board of County Commissioners of Collier County amended Ordinance number 2008-47 and incorporated additional provisions therein addressing the immobilization of vehicles by an immobilization device such as a "boot" on private property, which required the Board to establish by Resolution the maximum fees and rates that can be charged for the immobilization of vehicles; and WHEREAS, the Board, pursuant to Ordinance 2008-47, as amended, is empowered to establish, adjust or make future changes to the maximum rate for the towing, immobilization and storage of vehicles/vessels, as authorized by Section Four (4) of that Ordinance, by Resolution; and WHEREAS, the amendment of Ordinance 2008-47 to include the regulation of the immobilization of vehicles on private property requires the enactment of this Resolution, which supersedes Resolution Number 2008-272, to provide for a maximum fee that tow truck and immobilization companies may charge the public when providing immobilization services; and WHEREAS, the Board has considered, reviewed and approves 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: I. All terms contained herein shall be as previously defined in Ordinance number 2008-47, as amended. 2. The maximum rate chargeable for private property impound tows shall be as follows: Private Propertv Impound Tow Rate Class A Tow $125.00 Flat Rate Class B Tow $195.00 Flat Rate Class C Tows $277.00 Flat Rate Class 0 Tows $390.00 Flat Rate *Rate if released on scene One Half (1/2) of posted rate for specific towing service. 3. The maximum rate chargeable for law enforcement directed tows shall be as follows: Law Enforcement Directed Tow Rate Class A Tow $150.00 Flat Rate Class B Tow $222.00 Flat Rate Class C Tows $333.00 Flat Rate Class 0 Tows $477.00 Flat Rate 2 l?G 17r Per mile fee for Law Enforcement Directed Tow Onlv Class A. Tow $6.50 per mile Class B Tow $7.75 per mile Class C Tows (and higher) $9.00 per mile The mileage charge for all Law Enforcement Directed Tows is based upon the distance from the location of the tow truck company to the scene and back. 4. The maximum rate chargeable for daily outdoor and indoor storage rates shall be as follows: Dailv Outdoor Storage Personal Vehicles* Rate Class B Towed Vehicles and Higher $40.00 $75.00 Dailv Indoor Storage Personal Vehicles* Rate Class B Towed Vehicles and Higher $50.00 $100.00 *Includes motorcycles, ATVs, scooters, etc. 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 12:00 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), as also set forth in Section Four of the ordinance. 3 176 5. Except as otherwise provided in Ordinance number 2008-47, as amended, the maximum rate chargeable for releasing an immobilized vehicle on private property shall be as follows: Twenty-five dollars ($25.00) for each immobilization properly conducted In accordance with the Ordinance. 6. Except as otherwise provided in the Ordinance, the maximum rate chargeable for late hour gate fees shall be as follows: Mondav - Fridav Late Hour Gate Fee Rate If an owner or authorized agent seeks to recover a towed/impounded vehicle/vessel or property within such vehicle/vessel during the weekdays of Monday through Friday between the hours of 6:00 p.m. and 8:00 a.m., the following late hour gate fee shall apply: $65.00. Saturdav - Sundav Late Hour Gate Fee Rate If an owner or authorized agent seeks to recovers a towed/impounded vehicle/vessel or property within such vehicle/vessel after 6:00 p.m. Friday through 8:00 a.m. Monday the following late hour gate fee shall apply: $65.00. 7. 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 Ordinance number 2008-47, as amended, have been met. The maximum rate 4 17G chargeable as an administrative lien fee shall be the sum of $100.00, plus recovery of the costs and fees imposed by the State of Florida for obtaining ownership information. 8. Extra Time at Scene Charge: The first one half (1/2) hour of service is to be included in the initial cost of providing towing services. After the first one half (l/2) hour, an additional charge in the amount of 25% of the applicable towing rate shall be charged in fifteen (15) minute intervals. 9. Underwater Recoverv Fee: An underwater recovery fee of $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. 10. 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, this ~tb day of November, 2009. 1..1' , ATTEST:' DW1GHT"E.BROCK, CLERK ~~k ,:!il~:CW Nn. , I follU"", 0fI.. By: DONNA FIALA, CHAIRMAN TY COMMISSIONERS TY, FLORIDA;' I... ./"' J~ I!tj~ Approved as to form and legal sufficiency: ~!/ Rj~ Scott R. Teach Deputy County Attorney Item# ~ 5 Agenda Date ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIlJ 7 G I ~ TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Otlice. The completed routing slip and original documents are to be forwarded to the Board Otlice only after the Board has taken l1ctioll on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exec tion of the Chainnan's si ature, draw a line thrall h rautin lines # I thrau h #4, com !ete the checklist, and forward to Sue Filson line #5 . Route to Addressee(s) Office Initials Date List in roulin order PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Nonnally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact stan for additional or missing information. All original documents needing the BCC Chairman's signature are to he delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Scott R, Teach Contact Agenda Date Item was ()jI 2C ~9 II A roved b the BCC Type of Document Attached 1. - 2 -- -- - 11/10/09 I\!to 0' 252-8400 17G 1 of each Yes (Initial) SRT NI A (Not A lieable 3, N/A SRT SRT SRT 4. Scott R, Teach, Deputy County Attorney County Attorney 5, Ian Mitchell, Supervisor Board of County Commissioners 6. Minutes and Records Clerk ofCourl's Office SRT I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 <<Inatter _ numbem!(<document_numben) Phone Number I 0 - 0,/ Agenda Item Number Number of Original Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N! A" in the Not Applicable column, whichever is appropriate. I. Original document has been signedlinitialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreemcnts, etc. that have been fully executed by all parties exccpt the Bee Chainnan and Clerk to the Board and possibly State Officials. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chainnan and the Clerk to the Hoard The Chairman's signature line date has been entered a<.; the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's signature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing sUp should be provided to Sue Filson in the BeC office within 24 hOUTS of Bee approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of 'our deadlines! The document was approved by the Bee on November 10. 2009 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a licable. Please return 1 copy to Scott Teach, Deputy County Attorney and t copy to Tom Wides, o erations Director, pun 2, 3, 4, 5, 6, 7 17G t~ =tI;\ ,\(} . ~\ fw(oq Patricia L. Mor~an From: Sent: To: Subject: T each Scott [ScottT each@colliergov.net) Tuesday, November 10, 2009 2:39 PM Patricia L. Morgan RE: Quick Question" Item #17G Trish, I don't think this is problematic The fee resolution was a companion to the Ordinance-the Ordinance references the mechanism for establishing fees is accomplished via a separate resolution, While #17 items is reserved for advertised public hearings, as you note, it is not necessary to advertise a resolution such as this one, In any event, the Executive Summary for this agenda item provided additional notice of the request for approval of the ordinance and the resolution Thank you for passing along this Issue for my further consideration, Scull R ,I each I )q)U1\ ('uunt) Atturne) (\,lli,'1 (uunty, Florida I c\ (2J9) 252-840(j Fax: (239) 252-6300 From: Patricia L, Morgan [mailto:patricia,morgan@collierclerk,com] Sent: Tuesday, November 10, 2009 2:11 PM To: TeachScott Subject: Quick Question",. Item #17G Scott, Under Item #17G, there was both an advertised Towing Ordinance and then there was a Resolution for the fee schedule, The ordinance's legal notice ran properly and we have the affidavit My question is this: how can we have a resolution under Item #17 which is the section for advertised public hearings if the resolution was not advertised? I know that we do not have to generally advertise resolutions, but how can it be under that section if it hasn't been advertised? Please let me know, Thank you for your assistance, Trish Morgan, BMR Manager Clerk to the Board and VAB Minutes and Records Department (239)252-8399 Phone (239)252-8408 Fax patrici a, morgan (<Veall ierclerk, com MEMORANDUM Date: December 1, 2009 To: Scott Teach, Deputy County Attorney County Attorney's Office From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Ordinance 2009-60: Amending Ordinance Number 2008-47 by further clarifying language and addressing requirements for non-consent law enforcement vehicle towing, private property towing, storage of vehicles, maximum chargeable fees by tow truck companies and provisions concerning vehicle immobilization (booting) Attached for your records is a copy of the Ordinance referenced above (Agenda Item #17G), adopted by the Board of County Commissioners on Tuesday, November 10, 2009. I have also provided Sheriff Kevin Rambosk a copy of the Validated Ordinance. If you should have any questions, please call me at 252-8406. Thank you. Attachment (I) 17G .~rt MEMORANDUM Date: December 1, 2009 To: Kevin Rambosk, Sheriff Collier County Sheriffs Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Ordinance 2009-60: Amending Ordinance 2008-47 by further clarifying language and addressing requirements for non-consent law enforcement vehicle towing, private property towing, storage of vehicles, maximum chargeable fees by tow truck companies and provisions concerning vehicle immobilization (booting) Attached for your records, please find a copy of the Ordinance referenced above (Agenda Item # 17G), adopted by the Board of County Commissioners on November 10, 2009. If you should have any questions, please call me at 252-8406. Thank you. Attachment (1) 17G Mtll 17 G ~i~rt ORDINANCE NO. 2009-~ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 08-47, WHICH REGULATES NON-CONSENT LAW ENFORCEMENT TOWING, PRIVATE PROPERTY TOWING, AND STORAGE OF VEHICLES, BY PROVIDING FOR AMENDMENTS TO THE FOLLOWING SECTIONS: TITLE; DEFINITIONS; MAXIMUM TOWING STORAGE, AND RELATED RATES PERTAINING TO NON- CONSENT TOW SERVICES, AS WELL AS PRIVATE PROPERTY TOWING, AND IMPOUND; TOWING WITH PRIOR EXPRESS INSTRUCTION OF REAL PROPERTY OWNER OR AUTHORIZED AGENT AND/OR LAW ENFORCEMENT AGENCY; NOTICE REQUIREMENTS FOR REMOVING VEHICLESNESSELS FROM PRIVATE PROPERTY; TOW TRUCK COMPANY REQUIREMENTS; PENALTIES, ENFORCEMENT AND SCOPE OF ARTICLE; AND PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES, PROVIDING FOR CONFLICT AND SEVERABILITY, AND PROVIDING FOR AN EI<'FECTIVE DATE. WHEREAS, the Board of Commissioners desires to amend Ordinance No. 2008-47 to provide additional regulations for the operation of companies utilizing immobilization devices on vehicles within Collier County, Florida, to modify posting requirements pertaining to occupational licenses at storage facilities, and to bring clarity to existing language in the ordinance to promote public understanding without affecting a substantive change; and WHEREAS, the Board of County Commissioners believes that the regulations proposed in this amended Ordinance promote and enhance the health, safety and welfare of its citizens; and WHEREAS, on November 10, 2009, the Board of County Commissioners approved amending those sections of Ordinance No. 2008-47 as set forth below. Words struck throllgh are deleted and words underlined are added. 176_1 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Collier County Ordinance No. 2008-47, is hereby amended to read as follows: Section One: Section One of the Ordinance is hereby amended to read as follows: 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: Section Two ofthc Ordinance is hereby amended to read as follows: Definitions. Section Two, Definitions, is hereby amended to read as follows: In case of ambiguity, subsection 1.01(15), Florida Statutes, can be referred to construe the intent of this article. As used in this article, the respective word or phrase means: 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 ~ 713.78, Florida Statutes. 2 Words struck through are deleted and words underlined are added. 176 )~ 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. Authorized agent (for a property) means any agcnt or authorized agent for a property owner who has written authority to sign for an absentee owner or association board for the removal of a vehicle or vessel parked on real private property. 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 governmcntal unitllaw enforcement ollicer has determined necessary the removal of a vehiclc/vessel by rotation wrecker. Commercial Motor Vehicle is defined as follows: Any motor vehicle or motor vehicle combination used on the streets or highways, which: (a) has a gross vehicle weight of 26,001 pounds or more, or has three or more axles regardless of weight, or is used in combination when the weight of such combination exceeds 26,00 I pounds gross vehicle weigh; (b) is designed to transport more than 15 persons, including the drivcr: or (c) is transporting hazardous materials and is required to be placarded in accordance with Title 49 C.F.R. part 172, Subpart F. Disabled means a vehicle/vessel that cannot be moved by its own power because the physical condition of the towed vehicle/vcssel, including from non-use, lack of fuel, mechanical malfunction or because such movement, except by being towed, would otherwisc be illegal or violate a private rule. 3 Words struck through are deleted and words underlined are added. 17G Extra time at scene shall mean any extra time beyond one-half (1/2) hour at an accident 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: (I) the name of the law enforcement agency, (2) the law cnforcement agency case number, (3) a dctailed description of the reason for the extra time required to remain at the accident scene, and (4) the officer's name badge number. 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)/vessel(s) or other machincry and the contents being towed. Incapacitated means any person who is then physically or legally unable to operate the towed vehicle/vesscl at that time of the rotation request made by law enforcement because of that person's physical condition, including sickness, injury, bcing under the influence of alcohol or controlled substancc, being under arrest, being detained, revocation or suspension of that 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 othcr mechanism which causes a vehicle to be immobile or otherwise renders a vehicle immobile or in operable. Immobilization Company means the private partnership. corporation or other privately owned business entity. including sole proprietor. engaged in the immobilization of vehicles. 4 Words struck through are deleted and words underlined are added. 17G :! including the utilization of a "boot" or other mechanism which causes a vehicle to be immobile or otherwise renders a vehicle immobile or inoperable. 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)(I) (3) inclusive; or subsection 9443.10(1), (6) or (8). 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). Thc entire background surface and all lettering must at a minimum be type I engineered grade sheeting (ASTM D4956-0 I). The letters may be screen printed on the type 1 sheeting using a compatible transparent ink so that the retroreflective is maintained and visible. Mileage charge shall mean allowable charges for miles from the location of the company storage yard to thc location of an accident scene or scene of a rotation call authorized by a jurisdictional law enforcement agent. 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 sball include both "Law Enforcement Officer Tows" and "Private Property Impounds/Tows" as defined herein. 5 Words struck through are deleted and words underlined are added. 17G .~ Operator shall mean any person who provides the services of recovering, towing, or removing vehiclcs/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 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 F.S. ~ 715.07, as may be amendcd, 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 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. 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. 6 Words struek through are deleted and words underlined are added. 17G .~ 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 privatc. 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. 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 cntity 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. 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 7 Words struck through are deleted and words underlined are added. 17G .'~ '1 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 tor compcnsation. 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. Vehicle means a machine or other substantially similar thing designed or used to transport one of 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 othcr substantially similar means of wheeled transportation. Vessel is synonymous with boat as referenced in s. I (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 oftransportation on water in and around the state of Florida. Wrecked means a vchicle that cannot be driven away from its location because of the physical condition of that vehicle/vessel, including from non-use. 8 Words struek through are deleted and words underlined are added. 17G i' Section Threc: Section Four of the Ordinance is hereby amended to read as follows: Maximum towing, storage and related rates pcrtaining to non-consent tow services, as well as, private property towing, lHHl impound, and immobilization. (a) Limited to the specific towing or immobilization operation and/or storage, this article does not limit pass-through of any additional towing and/or storage related fees or charges required or authorized by law which supcrsedes this article. Also, limited to the specific towing or immobilization operation and/or storagc, this article does not afTect any then existing rights of the towing or immobilization company to recovcr from any person or entity all costs actually paid by the towing company for filing any lorm(s), taking any legal action(s), and/or otber substantially similar 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 pcr 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 only law enforcement directed tows bascd upon the distance from the towing business' location to the scene and back. (3) Storage charges that shall begin six (6) hours aftcr 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 9 Words struck through are deleted and words underlined are added. 17G in for storage at 6:00 p.m., between 6:00 p.m. and 12:00 a.m. no storage charge applies, at ] 2:01 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 authorizcd the vehicle/vessel to be impounded; or (b) The appropriate 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 impound tow per Florida Statute ~ 7]5.07. (4) Indoor storage rates may only be charged upon the express direction and written authorization of the owner/authorized driver/agent, lien holder, Insurance company representative or invcstigating law enforcement agency. The only exceptions to this rulc are: (a) When thc condition of thc 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) Whcn 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 impounded; or 10 Words struck throllgh are deleted and words underlined are added. 17G t~ (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 impound tow per Florida Statute 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 expendcd. (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 bc applied bctween the hours of 6:00 p.m. to 8:00 a.m. Monday through Friday, and 6:00 p.m. Friday to 8:00 a.m. Monday, for law enforcement lows, when: (a) Impounded vehicles/vessels are recovered by the owner or authorized drivcr/agent during the aforementioned late-hour gate period; or (b) The owner or authorized driver/agent wishes to recover property from the impounded vehicle/vessel during the late-hour gate period. There shall be no charge to any owner or authorized person wishing to remove prescription medication and prescription eyeglasses from an impounded vehicle/vessel. Tow truck operators may inform the owner or authorized driver/agent of the vehicle/vessel that he/she may request that law enforcement of1icer be present at the time agreed upon to recover the property sougbl. I I' it is found that the authorized driver/agent of the I) Words struck through are deleted and words underlined are added. 17G 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 requircd, mandated and/or licensed through federal, state or local laws and approved by thc investigating law enforcement agency/officer. (9) Rates for the release of an immobilization device. Section Four: Section Five of the Ordinance is hereby amended to read as follows: 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, immobilize, tow, or remove a vehicle/vessel from real property, or provide storage in connection therewith, without the prior express instruction of the vehicle/vessel owner or authorized driver, except in accordance with the following: (a) Police 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 vchicle/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. 12 Words struck through are deleted and words underlined are added. 17G (b) Private property impound: Tow truck or immobilization companies may recover, tow. immobilize or remove a vehicle/vessel based upon a private property impound 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 companies providing private property towing or immobilization in Collier County must have their storage facility and principal an oflice 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. A person may not payor accept money or other valuable consideration for the privilege of towing. immobilizing or removing vehicles or vessels from a particular location as mandated by Fla. Stat. F.S. 9 715 .07( 4)(2)(a)( 4). The tow truck or immobilization company recovenng, towing or removing a vehicle/vessel shall, within thirty (30) minutes of completion of such towing 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, the time the vehicle was secured to the towing vehicle/vessel, and the make, model, color and vehicle license plate number (if any) or registration number of the 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 record. For Ai!ll vehicles/vessels removed or immobilized by the i! tow truck or immobilization company, shall complete a private property tow or immobilization fuffiI ticket shall be completed and signed by tbe property owner or representative at the time of the tow or immobilization that includes that individual's driver's license number and which includes the following information: the year, make, modcl, 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 13 Words struck through are deleted and words underlined are added. 17G !~ 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. (c) 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. (d) Except as otherwise provided in this article, no such prior express instruction shall be considered to have been given: (I) By the mere posting of signage as required by this article; (2) By virtue of the terms of any contract or agreement between a tow truck company and a real property owner; (3) When the prior express instruction occurs In advance of the actual unauthorized parking of the vehicle/vessel; or (4) Whcre the prior cxpress instruction is general in nature and unrelated to specific, individual and identifiable vehicles/vessels, which are already parked without authorization. (e) 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, thc names and titles of all persons (i.e., owner, property manager, condominium prcsident, etc.) who have the authority to appoint persons (i.e., security guard, night watchman, on site manager, etc.) 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 service. Any addendum to the contract shall include additional namcs and titles as necessary. No such contract shall state that the tow truck or immobilization company assumes the liability for improperly towed or immobilized vehicles/vessels, contrary to F.S. ~ 715.07(4). The tow truck or immobilization 14 Words struelc through are deleted and words underlined are added. 17G" 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 requcst a copy of any and all such contracts from the tow truck or immobilization company during normal business hours. 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 thc requirements of this subsection by entering into an addendum to the current contract within one (I) year following the enactment of this article. (1) Tow truck or immobilization companies may not enter into a written contract with the owner of private property that authorizes the tow truck or immobilization 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. (g) Real property owncrs or authorized representatives 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. (h) Any person who improperly causcs a vehicle/vessel to be recovered, towed, or immobilized. removed or stored shall be liable to the vehicle/vessel owner or authorized representative for the costs of the services provided, any damages resulting from the recovery, towing, immobilization removal or storagc and attorney's fees and court costs. (i) 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 15 Words struck throllgh are deleted and words underlined are added. 17G ;~ provisions of this ordinance or the provIsions of any applicable statute pursuant to which a vehicle is immobilized. as follows: (1 ) Only tow or immobilization companies properly licensed in accordance with State law and all applicable Collier County ordinancc requirements may immobilize vehicles. (2) 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. (3) 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 vehiclc part if placement on the driver's side front wheel is not feasible. (4) Immediately after a vehicle is immobilized. thc 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 at1ix upon the window adiacent to the driver's seat of such vehicle. a sticker with a completely removable adhesive. measuring eight and onc-half by eleven (8 y, x 11) 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. 16 Words struck through are deleted and words underlined are added. 17G (5) Upon request of the immobilized vehicle's owner or authorized driver/agent, and payment of any applicable fee, the tow truck or immobilization company shall release the immobilized vehicle to the vehicle's owner or authorized driver/agent within one (1) hour. Section Fivc: Section Six of the Ordinance is hereby amended to read as follows: Notice requirements for removing vehicles/vessels from 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/vcssel 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: (1) Notice shall be prominently posted on thc real property from which the vehicle/vessel is proposed to be removed or immobilized and shall fulfill the following requirements: (i) 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 (I) sign for each twenty-five (25) feet of lot frontage. The sign shall be permancntly installed not less than four (4) fect and not more than six (6) feet above ground level and shall be continuously maintained on the rcal property for not less than twenty-four (24) hours prior to the towing, immobilization or removal of any vehicle/vessel(s). 17 Words strack through are deleted and words underlined are added. 176 \1 (ii) 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 A WAY AT THE OWNER'S EXPENSE." The words "TOW-A WAY ZONE" must be included on the light reflective sign in not less that 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 A WAY OR IMMOBILIZED AT THE OWNER'S EXPENSE." (iii) The light reflective sign shall clearly indicate, in not less that two-inch high letters on a contrasting background, the days of the week, and hours of the day during which vehicles/vessels will be towed or immobilized away at the owner's expense; and the name, address and current telephone number of the tow truck or immobilization company performing the towing service. (2) Light reflective signs must be maintained or replaced so that they are clearly visible, legible and light ref1ective 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 privatc 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: 18 Words struck through are deleted and words underlined are added. 17G ~~ (i) The real property on which a vehicle is parked is property appurtenant to and obviously part of a single-family type residence; or (ii) 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) E)(cept as ether.,vise ]3rovided herein. Wwhen 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 dcsignated representative authorizing the tow or immobilization shall sign their name and print their driver's license number on the tow ticket and include a vehicle condition report and a visual inventory list authorizing; the taw thereon. 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) If the vehicle/vessel owner or authorized driver/agent 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 driver/agent shall be allowed to remove the vehicle/vessel without interference upon the payment of a rcasonable service fee of not morc that one-half (1/2) 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 yet connected to the immobilization dcvice. The bill/invoice must be presented to the vehicle/vessel owner authorized/driver/agent prior to request for the payment. In the event the owner/driver of 19 Words struek through are deleted and words underlined are added. 176 i~ the vehicle/vcssel is occupying thc vehicle/vessel and refuses to vacate same, in addition to the drop charge, tfle !! 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 detail cd documentation/explanation as to why "extra time at scene" charges were required. All documentation shall be provided to the vehicle/vessel owner or authorized agent upon demand. Section Six: Section Seven of the Ordinance is hereby amended to read as follows: Tow truck/Immobilization company requircments. (a) Tow truck or immobilization 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 article shall keep on file complete records of all current rates charged for the recovery, towing, immobilization or removal of vehicles/vcssels and storage provided in connection therewith. Tow truck companics Such persons 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 impounds and/or the removal of immobilization devices, a statement that the rates do not exceed tbe rates established and authorized pursuant to this article and thc rights alTorded to a vehicle/vessel owner or 20 Words struck through are deleted and words underlined are added. 17 G .~. authorized driver/agent pursuant to state statutes. The above information shall be posted prominently in the area designated by such companies for the vehiclel'iessel owner or authorized driver/agent to transact business. During business hours, such area shall provide shelter, safety, and lighting adequate for the vehicle/vessel owner or authorized driver/agent to read the posted rate schedule. Further, notice shall be posted advising thc vehicle/vessel owner or authorized driver/agent 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. (d) Tow truck or immobilization companies shall provide signage on the property clearly visible from the strect (unless othcrwise 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 driver/agcnt who calls by telephone prior to arriving at the storage facility or. in the case of immobilized vehicles. the immobilized vehicle's location, ofthe following: (i) Each and every document or other item which must be produced to retrieve the vehicle/vessel; (ii) The cxact charges as of the time of the telephonc call, and the rate at which charges accumulate after the call; (iii) The acceptable mcthods of payment; and (iv) The hours and days the storage facility is open for regular business. (1) Tow truck or immobilization companies providing services pursuant to this article shall allow every vehicle/vesscl owner or authorized driver/agcnt to inspect the interior and exterior of the towed vehicle/vessel upon his or her arrival at the storage facility or the immobilized vehicle's location before payment of any charges. With the exception of vehicles/vessels being held pursuant to the specific request or "hold order" of a law enforcement 21 Words struck tfirollgh are deleted and words underlined are added. 176 d agency, the vehicle owner or authorized driver/agent shall be permitted to remove the vehicle license tag and any and all personal property inside but not affixed to the vehicle/vessel. (g) Tow truck Ceompanies 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 serviccs 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. (h) Tow truck companies providing services pursuant to this article shall maintain one (1) or more storagc facilities. eaeh of which and shall maintain a current county occupational license and shall be open for the purpose of redemption of vehicles/vessels by owners or authorized drivers/agents 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 thc tow truck company can be reached at all times. Upon request of the vehicle/vessel owner or authorized driver/agent, the tow truck company shall release the vehicle/vessel to the vehicle/vessel owner or authorized driver/agent within one (I) hour. (i) Tow truck or immobilization companies shall not, as a condition ofrelease of the vehicle/vessel, require a vehicle/vessel owner or authorized driver/agent 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 driver/agent at the time of the vehicle/vessel's release. A detailed, signed receipt showing thc legal name of the tow or immobilization truck company removing the vehicle/vessel shall be given to the vehicle owner or authorized driver/agent at the time of payment, wbere requested or not. 22 Words strucl; throllgh are deleted and words underlined are added. 17 G ". (j) Tow truck or immobilization companies providing services pursuant to this article shall post a notice clearly visible to the vehicle/vessel owner or authorized driver/agent seeking to recover his/her towed vehicle/vessel, or to have an immobilization device removed that if the owner or authorized driver/agent believes he/she is being overcharged for a non-consent tow or immobilization, 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 releasc of the vehicle/vessel. Upon the posting of the bond as set forth in Section 713.78, Florida Statutes, and payment of the applicable fee set forth in Section 28.24, Florida Statutes, the clerk of the court shall issue a certiticate notitying 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) 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 ofvchicles/vessels or storage provided in connection therewith. (1) Tow truck or immobilization 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 tollows: (i) Auto liability lor each tow truck: I. $300,000 combined single limit for Class A-Light Duty tow trucks used exclusively for private property impounds. 2. $500,000 combined single limits for all other tow trucks. (ii) General/garage liability: 1. $300,000 combined single limit for tow truck operators performing only private property impounds. 2. $500,000 combined single limit for all other tow truck operators. (iii) Garage kecper's liability: $50,000.00 for anyone vehicle and $100,000 per occurrence. (iv) $50,000 on-hook cargo liability coverage for each vehicle. 23 Words stfllEk tl~rough are deleted and words underlined are added. 17 G :t~ (v) 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. Section Seven: Section Eight of the Ordinance is hereby amended to read as follows: Penalties, enforcement and scope of article. (a) Each violation of this article 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 oflaw 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, three or more separate incidents involving violations of this ordinance, committed by the same towing or immobilization company within a 365 day time period, is a per se sufficient basis for forfeiture of that towing or immobilization company's and/or storage company's Collier County occupational license tor a period of sixty (60) days. (c) This article shall not apply to the towing 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 Sheriff. 24 Words struck through are dcleted and words underlined are added. 176 '~ Section Eil!:ht: 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 thc ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," or any other appropriate word. Conflict and sevcrability. Section Nine: 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 Ten: Effective Date. This ordinance shall take effect upon filing with the Florida Department of State. 25 Words stmck through are deleted and words underlined are added. 17G PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this )() Ih day of November, 2009. ATTEST: DWIGHT E. BR9~> CLERK -..,-,:"", . :.:",,;:,1 '~I.' ,.,,'.' " ,(', RY~~_G 'f~tL1~' ~~.~~"., .(.;o~., Approved as to form and legal sufficiency: ~JI J2J~L Scott R. Teach Deputy County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER CO~Y. FLORIDA /, . ,/ - By: ~.j(. .-:-Z<1-4. DONNA FIALA, CHAIRMAN 26 Words struck through are deleted and words underlined are added. 17 G l' 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 and correct copy of: ORDINANCE 2009-60 Which was adopted by the Board of County Commissioners on the lOth day of November, 2009, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 16th day of November, 2009. DWIGHT E. BROCK Clerk of Courts anc'(Clerk Ex-officio to BoarCJ,.of County commiss~oners ~ ~O-C. By: Ann Jennejohn, Deputy Clerk