§ 39.86. Prerequisites to and Requirements for Trespass or Private Property Towing and Immobilization.

(1)

A towing or immobilization service engaged in trespass towing or immobilization within the City must have an executed written agreement with the property owner or agent for each property at which trespass towing or immobilization may occur. A valid contract for each property must be filed with, and approved by, the Towing Enforcement Administrator or his designee as a condition precedent to engaging in trespass towing or immobilization upon that property.

a.

The term of such contract may be for any lawful duration to which the parties agree, but the contract must be filed at least annually as set forth herein.

b.

A contract with a trespass towing or immobilization service may include multiple properties owned or managed by the same owner or agent. The towing and immobilization service shall, however, file a separate copy of the agreement for each property address.

(2)

Every written agreement referenced in subsection (1) shall include the following minimum terms and conditions:

a.

The legal name, physical address, mailing address and telephone number of the towing or immobilization service and the property owner;

b.

The property address and location (including, at minimum, the street number and name, and description of the parking lot or spaces from which vehicles will be towed or at which vehicles will be immobilized, including the approximate total number of parking spaces affected on the subject property, or if there are no marked spaces, a description of the property affected by such agreement:

c.

The time(s) of day that trespass towing or immobilization is authorized:

d.

The day(s) of the week that trespass towing or immobilization is authorized:

e.

Exceptions to the above, such as partial days, specific hours or certain days or events;

f.

An enumerated list of all fees to be charged for towing, storage, or immobilization, which shall not exceed the amounts stated in section 39.89 of this chapter:

g.

The address and description of the location to which vehicles will be towed or stored or immobilized;

h.

The exact wording of each tow-away sign and a description of the location of each sign on the property, which shall conform to sections 713.78 and 715.07, Florida Statutes, and this chapter:

i.

Notarized signatures of the property owner or agent and the owner, chief executive officer, or authorized agent of the towing or immobilization service, certifying that each has read, and is in compliance with, the provisions of sections 713.78 and 715.07, Florida Statutes, and the provisions of this chapter;

j.

The effective dates of the agreement.

(3)

The requirement of a written agreement shall not apply to the removal of vehicles from property appurtenant to and obviously part of a single family residence or to removal of a vehicle that is parked in such a way as to obstruct access to private entrances, exits, drives or loading areas.

(4)

Contracts described in subsection (1) are not transferrable.

(5)

A change, modification, or amendment in ownership of a towing or immobilization service, or to property subject to a contract defined in section (1) above, requires the execution, filing, and approval of a new agreement as provided herein.

a.

The towing or immobilization service shall be responsible for notifying the Orlando Police Department, Vehicle for Hire section, within two (2) business days of any changes, amendments, modifications to, or rescissions of, any agreement defined in subsection (1) above.

b.

In the event of a change or modification described in this subsection, the towing or immobilization service is prohibited from engaging in trespass towing or immobilization until a fully executed agreement reflecting the changes has been filed with and approved by the Orlando Police Department Towing Enforcement Administrator or Vehicle for Hire section as set forth in this Chapter.

(6)

In order to engage in trespass towing or immobilization pursuant to contract, the towing or immobilization service must file at least annually with the Orlando Police Department, Vehicle for Hire Section:

a.

one copy of the executed agreement described in subsection (1) above;

b.

one copy of the towing or immobilization service's current City of Orlando occupational license or business tax receipt;

c.

a copy of the current rates charged for vehicle trespass towing and storage or immobilization. Rates must comply with this ordinance.

d.

Upon filing of the executed contract copy described herein, the towing or immobilization service shall remit to the City of Orlando, an administrative filing fee in the amount of $100.00 for each property address for which trespass towing or immobilization services is to be provided.

(7)

At the time of filing, the towing or immobilization service shall provide, in a written form prescribed by the Orlando Police Department Vehicle for Hire section, the following minimum information:

a.

Sufficient information to identify the towing or immobilization service company or individual, including full legal name, date of birth or other unique identifying information, physical and mailing address, and telephone number(s). For corporations and legally recognized business entities, the foregoing information shall be provided for at least two corporate officers and the registered agent, or for each general or limited partner.

b.

A copy of a valid City-issued business tax receipt or occupational license as defined in Chapter 36.

c.

All trade names under which the towing or immobilization service operates, intends to operate, or has previously operated, and a description and photograph or other likeness of any unique brand, trademark, or business logo associated therewith.

d.

A description of private property and trespass tow services to be provided, including the days and hours of operation and types of towing and storage services to be provided.

e.

A copy of the written list of existing and proposed rates and fee charges for towing, immobilization, and storage. The rate schedule shall be in a form approved by the Towing Enforcement Administrator.

f.

Certificate of insurance or other written proof of general liability and motor vehicle insurance for the tow service and each tow truck that will operate within the City of Orlando.

i.

The certificate of insurance must include, or be accompanied by, a statement from the insurer, affirming that the Orlando Police Department Vehicle for Hire section shall be notified in writing of any policy change or cancellation within 30 days of the effective date of such change or cancellation.

ii.

Contracts shall be rejected for failure to produce adequate written proof of insurance.

(8)

Regardless of filing status, it is a violation of this section to operate a tow truck service or any tow truck within the City limits without effective vehicle insurance. The Towing Enforcement Administrator or designee shall review each contract filing and other documentation required by this section. Filing shall be rejected, and private property or trespass towing prohibited from the property named in such contract, if the filing:

a.

Is improperly filed, incomplete, untrue in whole or in part: or fails in any way to meet the requirements of this section.

b.

Lacks any required documentation, including evidence of adequate insurance:

c.

Is not accompanied by the applicable fee payment.

d.

An additional $75.00 fee may be assessed for any untimely, improper or incomplete filings. Any contract filing may be rejected for any of the reasons set forth herein.

(9)

Upon approval, the Towing Enforcement Administrator or designee shall issue approval credentials to the towing or immobilization service based on the contract filed. The credentials shall include the name and address of the towing or immobilization service, the address of the affected property, the effective dates of the approval (subject to suspension or revocation), and a statement of any other term, condition, restriction or limitation.

a.

Approval is effective for a period of twelve months:

b.

Contract filings and approvals are not transferable:

(10)

It shall be unlawful for any towing or immobilization service to engage in trespass tows, trespass drop tows or trespass immobilization within the City of Orlando unless the towing or immobilization service has successfully complied with the contract filing and approval requirements set forth in this section.

(11)

It is prohibited for a person to pay or accept money or other valuable consideration for the privilege of vehicle towing, removal or immobilizing from a particular location.

(12)

Prior to every vehicle trespass tow or immobilization, the towing or immobilizing service shall ensure that notice is posted upon such property that meets the following requirements:

a.

The notice must be prominently placed at each driveway access or curb cut allowing vehicular access to the property from either the public right-of-way or adjoining private property, and within 5 feet from the public right-of-way line or private property line. If there are no curbs or access barriers, signs must be posted not less than one sign for each 25 feet of lot frontage.

b.

The notice must clearly indicate, in two-inch high, light-reflective letters on a contrasting background, that unauthorized vehicles will be towed away at the owner's expense. The words "Tow-Away Zone" must be included on the notice in four-inch high letters per Florida Statute. The words "Strictly Enforced" must be included on the notice in two-inch high letters. If it is a 24-hour enforcement, the words "Strictly Enforced 24 Hours 7 Days a Week" must be included on the notice in one and one-half-inch high letters. The notice must also include in one-half-inch high letters the following statement: "Chapter 39, Orlando City Code and § 715.07. Fla. Stat." At any place or property where vehicles are subject to immobilization, the following words must also be included in two-inch letters, "Illegally parked vehicles are subject to being towed or booted." The sign shall also include the following language in one inch high letters, "Towing and booting of vehicles is regulated by state law and city ordinance. Any person wishing to file a complaint regarding a violation of a towing or immobilization law may do so by calling [phone]." The name and telephone number of the towing or immobilization service must be included on the sign. Notice of these provisions may be placed adjacent to existing tow away signs.

c.

The sign structure containing the required notices must be no more than thirty-six (36) inches in height and no more than eighteen (18) inches in width. The sign structure must be permanently installed with the words "Tow-Away Zone" not less than three (3) feet and not more than six (6) feet above ground level and must be continuously maintained on the property for not less than twenty-four (24) hours prior to the towing or removal or immobilization of any vehicles.

d.

Signs must be clean of mildew and vegetation and in good repair.

e.

Premises with twenty (20) or fewer parking spaces may satisfy the notice requirements of this section by prominently displaying a sign stating "Reserved Parking for Authorized Persons/Current Customers Only. Unauthorized Vehicles Will Be Towed Away or Booted at the Owner's Expense" and the words "Strictly Enforced" in not less than four-inch high, light-reflective letters on a contrasting background.

f.

The notice requirements do not apply to property appurtenant to and obviously a part of a single-family residence, or in instances when notice is personally given to the vehicle owner or person in control of the vehicle that the area is reserved or otherwise unavailable, and any unauthorized vehicle is subject to being removed at the owner's or operator's expense.

(13)

Except as specifically provided herein, a towing or immobilization service owner, operator, or agent is prohibited from engaging in trespass towing or immobilization from any private property where the notice or sign structure is not in compliance with this section. A towing or immobilization service shall correct any sign or notice deficiency within 48 hours of notification of deficiency by city enforcement personnel; trespass towing or immobilization is prohibited until correction; failure to correct signage or notice within that period is a separate violation of this ordinance.

(14)

In the absence of a posted tow-away zone sign, a private property owner or agent may authorize a towing service to remove a vehicle when a vehicle is parked in such a manner that it restricts the normal operation of business, or when a vehicle is parked on a public right-of-way in such a manner that it obstructs access to a private driveway. The property owner or agent may have the vehicle removed by a towing service upon signing an order or otherwise authorizing the vehicle to be removed. A towing service or agent is prohibited from towing pursuant to this subsection without such order or authorization. Evidence of the order or authorization shall be maintained by the towing service for one (1) year from the date of the tow and made available for inspection by OPD police officers. Vehicle for Hire Inspectors, or Code Enforcement Officers. A vehicle parked on a public right-of-way or which obstructs access to a private driveway may not be immobilized.

(15)

It shall be unlawful for any owner, manager, employee, or agent of a towing or immobilization service, while engaged in towing or immobilization or storing of vehicles, to wear a law enforcement uniform or other indication or logo of law enforcement affiliation.

(16)

A towing or immobilization service operating within the City of Orlando shall, within thirty (30) minutes of the completion of any private property tow or immobilization, notify the Orlando Police Department at [phone] of the towing or immobilization, and shall provide the following information: the name of the towing or immobilization service, the name(s) of the service personnel who performed the tow or immobilization; the address of the storage site where the vehicle is stored; the location or address from which the vehicle was towed or at which the vehicle was immobilized; the time the vehicle was towed, removed or immobilized; the make, model, year, color, vehicle identification number (YIN), and license plate state and number of the vehicle. The towing or immobilization service shall obtain the Orlando Police Department-assigned incident number and OPD employee identification name or number, which must be recorded on the trip report. It is a violation of this law to fail to comply with the requirements of this subsection.

(17)

Towing or immobilization services subject to the police tow notification requirements of section 715.07(2)(a)2, Florida Statutes, or section 39.86, of this Chapter, are required to remit payment to the City of Orlando in the amount of $10.00 for each tow notification to OPD. A towing or immobilization service is authorized by this section to assess that fee to the vehicle owner or agent, but shall not assess a fee greater than established by this subsection.

a.

All towing or immobilization services must remit payment of police tow notification fees to the City of Orlando not more than 30 days from the date of notification, regardless of whether that fee was assessed or collected by the towing or immobilization service.

b.

Electronic submission of police tow notification fees may be made with prior approval of the Towing Enforcement Administrator, or designee.

c.

Remittance of police tow notification fee(s) shall reference the OPD incident number(s) issued at the time of notification and recorded on the trip report; payment shall be remitted to the City of Orlando Police Department, c/o OPD Communications, P.O. Box 913, Orlando, Florida 32802-0913.

(18)

It is a violation of this chapter for any towing service to engage in towing or immobilization in the City of Orlando if the service is 60 days or more delinquent in the payment of any police notification fee.

(19)

All vehicles subject to trespass tow shall be towed directly and continuously to the storage site owned or leased by the towing service; towed vehicles shall not be temporarily kept or staged in any holding area for later removal to the storage site. Staging vehicles at a temporary location for later towing is strictly prohibited and a violation of this section. A vehicle shall not be booted or immobilized in order to hold it for towing; such practice is strictly prohibited and a violation of this section. A lawfully immobilized vehicle shall not be towed by a towing or immobilization service until at least four (4) hours have elapsed after the installation of the booting device. In the event that a vehicle is lawfully booted and towed under this section, a booting fee may not be charged in addition to the towing fee; the maximum rate shall be limited to that which may be charged for vehicle towing as set forth herein.

(20)

A towing or immobilization service shall allow the vehicle owner or agent to park onsite at the storage facility while picking up or inspecting a towed vehicle, or while paying a towing, storage or boot removal fee, unless reasonable alternative parking is made available by the towing or immobilization service within two (2) blocks of the storage facility.

(21)

Any vehicle that is trespass towed from locations within the City must be stored within a ten-mile radius of the point of removal. Failure to comply with this subsection is, at minimum, sufficient grounds for revocation of the occupational license to conduct towing service in the City of Orlando under this chapter and chapter 36. A towing or immobilization service is prohibited from changing the name of the business or corporate entity to obtain a new or additional occupational license for the purpose of circumventing the intent of this section, and any violation is separate to any violation of Chapter 36 or section 39.90.

(22)

A towing or immobilization service shall allow the vehicle owner or agent to remove or retrieve personal property or possessions from the vehicle immediately at the scene of the tow or immobilization or at the storage facility prior to payment. The vehicle owner or agent shall be permitted to inspect the vehicle and the towing or immobilization service shall release to the owner or agent all personal property not affixed to the vehicle. The towing or immobilization service is prohibited from charging a fee for such retrieval and is prohibited from refusing to allow the retrieval of personal property.

(23)

Each towing or immobilization service shall staff or monitor its telephone twenty-four (24) hours a day, seven (7) days a week, including holidays, shall return a vehicle owner or agent's telephone call within one (1) hour and shall advise the vehicle owner or agent of the following:

a.

Each and every document or other item which must be produced to retrieve the vehicle or release a booting device. Proof of vehicle ownership shall not be required of any person paying a fee for the removal of an immobilization device, unless the vehicle has been lawfully towed.

b.

The exact charges at that time, and the rate at which charges will accumulate thereafter.

c.

The acceptable methods of payment, which shall include cash, money order, bank or cashier's check, and which may include major debit or credit card.

d.

That the towed vehicle can be picked up within one (1) hour of request.

e.

That an immobilized vehicle will be released immediately upon receipt of payment whenever possible, but in no event more than thirty (30) minutes after receipt of payment.

f.

The location at which payment of booting fees may be made.

(24)

Upon payment of the authorized fees, the towing or immobilization service shall release the towed or immobilized vehicle immediately at the request of the owner or agent, but in no event more than thirty (30) minutes of receipt of payment. Acceptable forms of payment shall include cash, money order, cashier's or bank check, and may include valid major credit or debit card. No person shall be required to travel more than one-half mile from an immobilized vehicle in order to pay boot removal fees. Only persons whose immobilized vehicles are also towed will be required to pay fees at the storage location as described herein. The fee charged for vehicles that are immobilized and lawfully towed is limited to the towing fees set forth herein; boot removal fees shall not be charged.

(25)

Each towing or immobilization service shall provide, at the time of payment, whether or not requested, a legible written receipt bearing the company name, listing all charges imposed for the vehicle towing, immobilization, or drop, and listing all payments received. Said receipt shall include the towing or immobilization rates and standards set forth in Section 39.89. Said receipt shall include, at minimum:

a.

The date, time, and location of the tow or immobilization;

b.

The total charges, listed individually and specifically; and

c.

The date, time and location of payment;

d.

The name of the tow truck driver or booting agent and the name of the towing or immobilization service;

e.

The city ordinance number authorizing each charge.

(26)

The towing or immobilization service shall prepare and maintain a trip, tow, or immobilization data sheet which shall include the following information:

a.

The legal name of the towing or immobilization service and the name of the tow truck driver or immobilization agent providing the service. If the towing or immobilization service is not a corporation, the name of the owner of the business shall be listed;

b.

The location from which the vehicle was towed or at which the vehicle was immobilized;

c.

Date and time the tow or immobilization was initiated;

d.

The destination to which the vehicle was taken;

e.

The description of the vehicle including the make, model, year, color, vehicle identification number, and license plate state and number;

f.

The time and date the Orlando Police Department was notified and the OPD incident number assigned;

g.

The description of the services rendered including an itemized list of all charges;

h.

The date and time the vehicle was returned to the owner or agent, or an immobilization device removed; for towed vehicles, the name, address, and driver license number or other identification of the owner or agent to whom the vehicle was returned; and

i.

A copy of the consumer rights guideline bearing the vehicle owner or agent's signature acknowledging receipt, which shall be maintained as part of the tow sheet documentation.

(27)

Towing or immobilization services shall maintain all tow or immobilization data sheets and receipts on file for a period of two (2) years from the date of the tow, immobilization or drop, and shall make said records available for inspection and copying during normal business hours by any Orlando Police Officer, Community Service Officer, Vehicle for Hire Inspector, or Code Enforcement Officer.

(28)

No towing or immobilization service shall tow or immobilize a vehicle while a natural person or a live animal occupies the vehicle.

(29)

A vehicle owner, lessee, or agent, shall have the right to inspect the vehicle before accepting its return, and no release or waiver of any kind that purports to release the person or company towing the vehicle from liability for damages noted by the owner, lessee, or agent at the time of the redemption may be required from any vehicle owner or their agent as a condition of release of the vehicle to its owner.

(30)

The towing company must provide a legible copy of the Consumer Rights Guidelines, as promulgated by the City. This requirement may be met by printing or stamping substantially equivalent language on the receipt given to each vehicle owner, operator, lessee, custodian, or agent of a dropped, towed or immobilized vehicle. The service shall maintain a copy or receipt of the guideline given to the vehicle owner or agent. A printed or stamped notice must be legibly printed in at least a 12-point font. It is a violation of the law to fail to give the guidelines to the vehicle owner or agent.

(31)

At any location where temporary parking permits are issued or available to visitors, invitees, or licensees, a vehicle shall not be trespass towed or immobilized until the vehicle has been observed by the property owner or agent, or the towing or immobilization service agent, as being illegally parked for at least fifteen (15) minutes. This provision allows sufficient time for legitimate licensees or invitees to secure and display temporary parking permits issued by the property owner or agent.

(32)

When immobilization is accomplished by placing a boot on the vehicle, it shall be placed on the front wheel of the driver's side of the motor vehicle. The boot may be placed on any other wheel or vehicle part if placement on the driver's side front wheel is not feasible. The boot or immobilization device must be clearly and obviously marked with the name of the towing or immobilization service and a telephone number at which said service may be reached.

(33)

Immediately after a vehicle is booted, the immobilization service agent shall affix at the rear most portion of the window adjacent to the driver's seat of the vehicle, a sticker with a completely removable adhesive, measuring 8-1/2 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 booted such vehicle and a business telephone number which will facilitate the dispatch of personnel responsible for removing the boot. Such notice shall also include the following, "Towing and booting of vehicles is regulated by state law and City ordinance. Any person wishing to file a complaint regarding a violation of a towing or immobilization law may do so by calling OPD non-emergency line at [phone]."

(34)

A towing or immobilization service shall release a booted vehicle immediately after receiving payment for such vehicle's release whenever possible, but in no event later than thirty (30) minutes after receipt of the required fee payment. Failure to comply with this section is a violation of law.

(35)

Immobilization of any vehicle does not grant a right of lien in the immobilized vehicle.

(Ord. of 4-6-1998, Doc. #31131; Ord. of 8-15-2005, § 3, Doc. #050815902; Ord. of 7-7-2008, § 4, Doc. #0807071005; Ord. No. 2012-29, §§ 2, 5, 10-1-2012, Doc. #1210011201)

Editor's note

Ord. No. 2012-29, § 2, adopted Oct. 1, 2012, changed the title of § 39.86 from "Prerequisites to and Requirements for Private Property Towing and Immobilization" to "Prerequisites to and Requirements for Trespass or Private Property Towing and Immobilization".