§ 39.85. Legislative Intent, Towing of Vehicles for Compensation, Occupational License or Business Tax Receipt Requirement; Towing Enforcement Administrator—Authority, Duties, and Appeal.

(1)

The City Council hereby finds and determines that abandoned vehicles, damaged or inoperable vehicles that cannot be moved, and vehicles parked on private or public property without authorization, constitutes public nuisances and public emergencies affecting the property, public safety, and welfare of the citizens and residents of the City of Orlando.

(2)

Any person engaged in vehicle towing or immobilization services shall comply with all the applicable requirements and standards imposed by law including, but not limited to, sections 713.78, 715.07, Florida Statutes, and Chapter 39, Article IX of the Orlando City Code.

(3)

Every person, company, corporation, or other entity that owns or operates a service that engages in vehicle trespass towing, removing or immobilization for profit within the City of Orlando must secure and maintain a current occupational license or local business tax receipt issued by the City of Orlando consistent with the provisions of Subsection 36.02(2) and Section 36.03 and any other applicable provisions of Chapter 36.

a.

Every tow truck operating within the City limits must possess and display physical evidence of a valid City-issued business tax receipt; it is a violation of this ordinance for a tow truck to engage in trespass towing within the city without a valid city-issued sticker evidencing a valid local business tax receipt.

b.

In addition to the violation set forth in Chapter 36 of the City Code, it is a violation of this Chapter for any towing or immobilization service or agent to engage in business within the city limits without a valid city-issued business tax receipt or occupational license.

(4)

A determination by the City's permitting authority that a towing or immobilization operator or company is subject to the City of Orlando's occupational license tax based upon one or more factor(s) in Subsection 36.02(2) and Section 36.03, is deemed sufficient local incidents and is prima facie evidence that such company, person, or operator is liable for a license certificate.

(5)

Towing Enforcement Administrator.

a.

Powers Granted Herein. The Chief of Police, in conjunction with the Towing Enforcement Administrator, Vehicle for Hire inspectors, Orlando Police and Community Service Officers, and Code Enforcement Officers, shall have the duty and authority to administer, investigate and enforce the provisions of this Chapter, and shall have such powers and duties delegated herein.

b.

Interpretation of this Chapter, enforcement and appeal. The Towing Enforcement Administrator shall interpret the provisions of this Chapter in a manner consistent with this Chapter, and may consult with the Chief of Police or the Police Legal Advisor pursuant thereto.

i.

Formal interpretations by the Towing Enforcement Administrator shall be in writing, and shall be binding.

ii.

Appeal of a decision or interpretation of the Towing Enforcement Administrator shall be to the Vehicle for Hire Appeal Board, as described in Chapter 55 of the Orlando City Code; any appeal thereafter may be made as provided in Section 55.04 of the Orlando City Code.

iii.

Formal written interpretations shall be maintained by the Towing Enforcement Administrator, and copies shall be filed with the City Clerk.

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

Editor's note

Ord. No. 2012-29, § 2, adopted Oct. 1, 2012, changed the title of § 39.85 from "Legislative Intent, Towing of Vehicles for Compensation, and Occupational License Requirement" to "Legislative Intent, Towing of Vehicles for Compensation, Occupational License or Business Tax Receipt Requirement; Towing Enforcement Administrator—Authority, Duties, and Appeal".