§ 22-1. Towing and transport of vehicles.

(a)

Purpose and intent. The purpose and intent of this section is to adopt provisions regulating the towing and transport of vehicles within Osceola County in order to provide for the health, general welfare and safety of the citizens of Osceola County.

(b)

Areas affected. The provisions of this section shall apply to all towing and transport of vehicles with its origin within the unincorporated areas of Osceola County.

(c)

Exemptions. This section shall not apply to the towing of a vehicle which occurs:

(1)

With the consent of the vehicle's owner or operator.

(2)

The provisions provided for in subsection (f)(1) below, will not apply when the tow is initiated by the Osceola County Department of Zoning and Code Enforcement.

(d)

Definitions of terms. The following definitions shall apply for the purposes of this section:

Nonconsensual towing shall mean the removal and storage of wrecked or disabled vehicles from an accident scene or the removal and storage of vehicles in the event the owner or operator is incapacitated, unavailable, leaves the procurement of wrecker service to the law enforcement officer at the scene, or otherwise does not consent to the removal of the vehicle, excepting, however, all incidents of "trespass towing" as defined in this subsection.

Property owner shall mean a person who exercises dominion and control over a parcel of real property, including but not limited to the legal title holder, lessee, a resident manager, a property manager or other agent who has legal authority to bind the owner. A person providing a towing service may not be appointed as an agent for a property owner.

Tow shall mean to haul, carry, pull along, or otherwise transport or remove a vehicle by means of another vehicle.

Towing service shall mean any person, company, corporation or other entity, whether licensed or not, who engages in or owns or operates a business which engages, in whole or in part, in the towing or removal of motor vehicles for compensation.

Trespass towing shall mean towing or removal of a vehicle, without the consent of the vehicle's owner or operator, as such is authorized by F.S. § 715.07, when that vehicle is parked on private real property.

(e)

Towing of vehicles for compensation. No towing service shall tow or otherwise transport a vehicle for compensation when the point of origin of the tow or transportation is within the unincorporated territory of Osceola County unless such towing service complies with the requirements of F.S. ch. 713 and 715, and the applicable provisions of this section.

(f)

Return of owner prior to tow. No towing service operating within the unincorporated territory of Osceola County shall tow a vehicle or charge for its services where the registered owner or other legally authorized person in control of the vehicle arrives at the scene prior to the towing, unless:

(1)

The registered owner or other legally authorized person in control of the vehicle refuses to remove the vehicle; or

(2)

The vehicle has already been connected to the towing or removal apparatus and the registered owner or other person in control of the vehicle refuses to pay a service fee of not more than one-half (½) of the rate contained herein for such towing service. The tow truck or wrecker operator shall wait a minimum of ten (10) minutes to allow the vehicle's owner or operator to secure cash for the payment of the fees enumerated herein if cash is required by the tow truck or wrecker driver.

(g)

Establishment of rates by resolution.

(1)

The maximum rates, for towing a vehicle, for the storage of a towed vehicle or for the rendition of other services involving the use of a wrecker or other customary towing services when the point of origin of the tow or such services is within the unincorporated territory of Osceola County shall be adopted and changed from time to time by resolution of the board of county commissioners.

(2)

No additional charges shall be made for any fees for special equipment or services such as double hook up, vehicle entry when locked, dropping transmission linkage, axle or drive shaft removal, dollies, trailer or flat bed, lifts slim jims, go jacks, removing bumpers, or airing up brakes.

(3)

Fees may be charged in accordance with industry standard for all such services which are extraordinary in nature and fall outside of customary towing services. Such extraordinary services include, but are not limited, to hazardous waste clean up or use of special equipment to secure vehicles weighing more than nineteen thousand five hundred (19,500) pounds.

(4)

No other fees of whatever kind may be charged for services rendered during the first twenty-four (24) hours that the vehicle is in the possession of the towing service in the case of trespass towing, or the first six (6) hours in the case of nonconsensual tows, in both cases beginning from the time the vehicle is delivered to the storage facility. An administrative fee as adopted and charged from time to time by resolution of the board of county commissioners may be charged after the first forty-eight (48) hours of storage, so long as the towing service has actually compiled with the requirements of F.S. § 713.78 including execution and mailing of the lien notice.

(5)

A tarpaulin fee as adopted and charged from time to time by resolution of the board of county commissioners may be assessed when the towing service reasonably finds it necessary to install and maintain tarpaulin coverage on any stored vehicle in order to protect the interior accessories or upholstery of such vehicle from damage by inclement weather.

(h)

Rates to apply to tows initiated by code enforcement. The schedule of rates adopted by resolution of the board of county commissioners shall be effective when tows are initiated at the direction of the Osceola County Department of Zoning and Code Enforcement. Failure of a towing company to abide by the established rates may be grounds for removing such company from rotation towing lists established by the county.

(i)

Consumer complaints. All consumer complaints directed to Osceola County concerning excessive charges or alleged bad practices committed contrary to the provisions of this section shall be referred for investigation and resolution to the county manager or such other person as may be designated for such purpose by the county manager.

(j)

Penalties.

(1)

Each violation of this section shall constitute a separate offense punishable by appropriate remedy whether by injunction declaratory, or other civil or criminal sanction, in court, at the option of the county.

(2)

Any person who violates this section shall be liable to the owner and/or lessee of the vehicle for all costs of recovery (including all towing and storage fees) plus attorney's fees and court costs, and in addition shall be liable to the owner or lessee of any towed vehicle for any damages resulting directly or indirectly from the removal, transportation or storage of the vehicle.

(k)

Enforcement sanctions. Upon determination by the county manager (or other person so designated for such purpose by the county manager) that any person regulated by this section has violated the terms of this ordinance a cumulative total of three times, then, the manager shall issue to such person a "notice of future intent to prosecute." Thereafter, whenever said manager receives a complaint of violation of this section allegedly committed by a person who has received such a "notice of future intent to prosecute," then, said manager shall take all steps necessary to institute a prosecution of such alleged violation by the state attorney.

(Ord. No. 00-08, §§ 1—11, 6-19-00; Ord. No. 03-08, § 1, 2-17-03)

Editor's note

Ord. No. 00-08, §§ 1—11, adopted June 19, 2000, did not specifically amend the Code; hence inclusion as § 22-1 was at the editor's discretion.