§ 39.84. Definitions.

(1)

"Agent," when used in this chapter in reference to vehicle owner or agent, shall mean a person legally authorized to be in control of a vehicle or to act on behalf of a registered owner or lessee, including the registered owner or lessee, contract lessee, operator, lienholder or person authorized by any of the foregoing to act on behalf of same. Agency may be established by any valid or easily verified record form, including electronic mail, electronic record, facsimile transmission, or telephone communication.

(2)

"City" as used herein shall refer to the city limits of the City of Orlando.

(3)

"Connected" shall mean that condition when a vehicle is sufficiently secured and strapped to a tow truck or towing apparatus such that the vehicle can be safely and properly towed from its location.

(4)

"Drop" shall mean any instance in which a vehicle owner or agent arrives on-scene prior to the complete installation of an immobilization device and the departure of the booting agent, or any instance in which a vehicle owner or agent arrives at the scene of a trespass tow after the vehicle has been connected to the towing or removal apparatus but before the tow truck has left the premises with said vehicle.

(5)

"Gross vehicle weight" shall mean the weight of a vehicle as specified by the vehicle manufacturer.

(6)

"Immobilization," "immobilize" or "immobilizing," also known as "boot" or "booting," shall mean the act of placing, on a parked vehicle, any device that prohibits the vehicle's usual manner of movement.

(7)

"Immobilization service" shall mean any person, company, corporation or other entity, whether or not licensed, who is engaged in or owns or operates a business that engages in whole or in part, in the immobilization or booting of vehicles for compensation.

(8)

"Police Tow Notification" means the notification required pursuant to section 715.07(2)(a)2 Florida Statutes (2011), or its successor, for all tows conducted within the City, and any notification required by this Chapter for trespass or private property tows.

(9)

"Property owner" means any person who exercises dominion and control over real property, including a legal title holder; lessee; resident manager; or a property manager or agent with legal authority to bind the owner. An owner, operator, employee or agent of a towing or immobilization service is prohibited from acting as a property owner's agent for purposes of authorizing a trespass tow unless the property at issue is the physical business site of the towing or immobilization service.

(10)

"Storage site" means any site to which vehicles towed from the City are towed or stored.

(11)

"Tow" shall mean hauling, carrying, pulling along, or otherwise transporting a connected vehicle by means of another vehicle in a direct and continuous movement to the storage site of a towing or immobilization service.

(12)

"Towing Enforcement Administrator" is the person designated by the Chief of Police, who shall administer, enforce, regulate and interpret the provisions of this Chapter.

(13)

"Towing or immobilization service" shall mean any person, company, corporation, or other entity whether or not licensed, that engages in or that owns or operates a business that engages in whole or in part, in the towing or immobilization of vehicles for compensation. This definition does not apply to entities engaged solely in vehicle repossession services or to entities that tow or remove a vehicle at the request of the vehicle owner or agent.

(14)

"Towing or immobilization service agent" shall mean any tow truck driver, operator, or other person who engages in towing or immobilization services on behalf of, or as the agent of, any towing or immobilization service.

(15)

"Trespass tow" or "private property tow" means towing or removing a vehicle from private property without the consent of the vehicle owner or agent.

(16)

"Vehicle" means any mobile item which normally uses wheels, whether motorized or not.

(Ord. of 4-6-1998, Doc. #31131; Ord. of 8-15-2005, § 1, Ord. of 7-7-2008, § 2, Doc. #050815902; Ord. of 7-7-2008, § 2, Doc. #0807071005; Ord. No. 2012-29, § 3, 10-1-2012, Doc. #1210011201)