§ 24-106. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Code enforcement, community service aid, parking enforcement directed tow means the removal and storage of wrecked, disabled, abandoned, or improperly parked vehicles at the direction of a city code enforcement officer, community service aid, or parking enforcement specialist or the removal and storage of vehicles in the event the owner or operator is incapacitated, unavailable, or otherwise does not consent to the removal of the vehicle, excepting, however, all incidents of private property impounds as defined in this section.

Consent tower means a person who tows a motor vehicle with the consent of the vehicle owner.

CSD means the county consumer services department.

Decal means an identifying sticker issued by the director and appropriate for display in the lower left corner of the front window of a towing vehicle or equipment or car carrier used by a person licensed under this article.

Director means the code enforcement director.

Express instruction means a clear, definite and explicit request:

(1)

Made in writing by a police officer to immobilize, recover, tow, remove or store a specific and individual vehicle which is disabled or abandoned or parked without authorization, or whose operator is unable or unwilling to remove the vehicle;

(2)

Made in writing by a city code enforcement officer, community service aid, or parking enforcement specialist to immobilize, recover, tow, remove or store a specific and individual vehicle which is disabled or abandoned or parked without authorization, or whose operator is unable or unwilling to remove the vehicle;

(3)

Made in writing by a property owner or duly authorized agent of the property owner to immobilize, recover, tow, remove or store a specific and individual vehicle parked without permission of the property owner; however, such property owner or agent shall not be the person requested to immobilize, recover, tow, remove or store the vehicle or an employee or agent thereof; or

(4)

Made by telephone, in person or in writing by a vehicle owner or the authorized driver to recover, tow, remove or store a specific and individual vehicle that is in the lawful control of the vehicle owner or authorized driver requesting the towing service. The foregoing notwithstanding, where the property owner is a government entity, the property owner or an employee or agent thereof, may be the same person requested to recover, tow, remove or store the vehicle.

Every request made in writing or in person must indicate the date and time of the instruction and must be signed by the police officer, code enforcement officer, community service aid, or parking enforcement specialist, the property owner or agent, or the vehicle owner or authorized driver in the presence of the person providing the requested service. Every request made by telephone must also be documented with the date and time of the call.

Immobilization, immobilize or immobilizing (also known as boot or booting) means the act of placing, on a parked vehicle, a mechanical device that is designed to be attached to the wheel or tire so as to prohibit its usual manner of movement.

Industry means the business of recovering, towing or removing vehicles and providing such vehicle storage services as may be associated therewith.

License.

(1)

The term "license" means the certificate or document that allows a person to engage in the activity of recovering, towing, removing and storing of vehicles for compensation in the county.

(2)

As used in this article, the term "license" shall not mean a municipal occupational license or a county occupational license.

Nonconsent tow means the removal and storage of wrecked, disabled, abandoned, or improperly parked vehicles at the direction of a police officer, a city code enforcement officer, a city community service aid, city parking enforcement specialist, a private property owner, or the removal and storage of vehicles in the event the owner or operator is incapacitated, unavailable, or otherwise does not consent to the removal of the vehicle.

Nonconsent tower means persons who perform police-directed tows, code enforcement, community service aid, or parking enforcement specialist directed tows, or private property impounds as defined in this section.

Operate means to provide for compensation the services of recovering, towing or removing vehicles and any vehicle storage services associated therewith.

Operator means any person who provides for compensation the services of recovering, towing, or removing vehicles and any vehicle storage services associated therewith.

Permit means the official towing permit as obtained from and as processed by the city.

Police-directed tow means the removal and storage of wrecked or disabled vehicles at the direction of police/law enforcement as follows:

(1)

From an accident scene;

(2)

In the event the owner or operator is incapacitated, unavailable, or otherwise does not consent to the removal of the vehicle, excepting, however, all incidents of private property impounds as herein defined;

(3)

Any motor vehicle unlawfully parked in violation of any provision of the ordinances of the city or state;

(4)

Any vehicles that are not permitted to be driven upon sidewalks, swales, roads, streets, trails, parks or other public property;

(5)

Any motor vehicle that is stolen, missing a tag, subject to seizure and forfeiture under the laws of the state, or is being held for use as evidence in a criminal trial;

(6)

Any motor vehicle, the continued presence of which, because of the physical location or condition of the motor vehicle, poses a danger to the public safety.

Police officer means a city police officer.

Private property impound means 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, as may be amended, when that vehicle is parked on private real property.

Property owner means that person who exercises dominion and control over real property, including, but not limited to, the legal titleholder, lessee, designated representative of a condominium association or any person authorized to exercise dominion and control over real property; however, the term "property owner" shall not mean or include a person providing towing services within the purview of this ordinance. The foregoing notwithstanding, all government entities providing their own towing services may be property owners for purposes of this article.

Recover means to take possession of a vehicle and its contents and to exercise control, supervision and responsibility over it.

Regulation means:

(1)

A rule set forth in this article, the violation of which is sufficient grounds for fines;

(2)

Suspension or revocation of a towing license and registration;

(3)

Civil damages;

(4)

Court costs and attorney's fees; and

(5)

Specified criminal penalties.

Remove means to change the location of a vehicle by towing it.

Revoke means to annul and make void the license of a person engaged in the business of providing towing services.

Store means to place and leave a towed vehicle at a location where the person providing the towing service exercises control, supervision and responsibility over the vehicle. The storage facility must be securely fenced or locked for the protection of vehicles and property.

Tow means to haul, draw or pull along a vehicle by means of another vehicle equipped with booms, car carriers, winches or similar equipment.

Trade name means any name under which a person, corporation, partnership, association, firm or any other entity operates its business.

Trespass towing means the towing or removal of a vehicle that is parked on private real property.

Vehicle means an automobile, vessel, truck, bus, trailer, semi trailer, truck tractor, recreational unit primarily designed as temporary living quarters, all terrain vehicle, which either has its own motive power or is mounted on or drawn by another vehicle, or any other mobile item using wheels and being operated on the roads of the city, which is used to transport persons or property and is propelled by power other than muscular power; provided, however, that the term does not include bicycles, traction engines, road rollers or vehicles which run only upon a track.

Wrecker class means the type of towing vehicle, equipment or apparatus used to recover, tow or remove vehicles.

(Ord. No. 2008-08-144, § 2(1), 2-27-2008)