4706 Relating to towing of motor vehicles and wrecker services - SPDORDINANCE NO. 2022-4706
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, RELATING
TO TOWING OF MOTOR VEHICLES AND WRECKER SERVICES;
PROVIDING FOR A CITY TOWING OPERATOR SYSTEM AS DEFINED
BY STATE LAW; PROVIDING FOR THE DELEGATION TO THE CITY
MANAGER OF THE POWER AND AUTHORITY TO ENGAGE TOWING
OPERATORS AND WRECKER SERVICES IN CONTRACTUAL
RELATIONSHIPS WITH THE CITY; SETTING THE FEES FOR
TOWING SERVICES AND STORAGE; PROVIDING FOR LEGISLATIVE
FINDINGS; PROVIDING FOR IMPLEMENTING ADMINISTRATIVE
ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY AND SCRIVENERS
ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 166.043(1)(b), Florida Statutes, provides that local governments
may enact public service rates otherwise authorized by law, including rates for towing of vehicles
or vessels from or immobilization of vehicles or vessels on private property, or rates for removal
and storage of wrecked or disabled vehicles or vessels from an accident scene or the removal and
storage of vehicles or vessels 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 or vessel; and
WHEREAS, the County Commissioners of Seminole County has enacted provisions of
the Seminole County Code to implement the provisions of Section 166.043(c), Florida Statutes,
and such provisions are set forth in Chapter 45, Part 4, Seminole County Code (the "Seminole
County Towing Ordinance"), and provide for rate regulation and towing services and wreckers
and other pertinent matters; and
WHEREAS, the provisions of Section 45.123, Seminole County Code, provides for the
maximum rates for towing services in Seminole County; and
WHEREAS, the City Commission of the City of Sanford ("City Commission") has
concluded that the City should enact an ordinance pursuant to Section 166.043(1)(b), Florida
Statutes, establishing the maximum fees for the towing or immobilization of vehicles within the
City thereby opting out of the force and effect of the provisions of the Seminole County Code
relating to the towing and/or immobilization and/or storage of vehicles; and
WHEREAS, towing operators are adequately regulated by the provisions of Chapter 323,
Florida Statutes; and
WHEREAS, the City Commission has concluded that the enactment of this Ordinance will
adequately protect the public health, safety and welfare of the citizens of the City of Sanford by
providing for the administrative authority of the City Manager to implement this Ordinance
through the entering into of contracts with qualified towing and wrecker operators for a towing
service and wrecker operator system.
WHEREAS, for purposes of this Ordinance, underlined type shall constitute additions to
the original text, * * * shall constitute ellipses to the original text, and strikethroughs shall constitute
deletions to the original text.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
SANFORD, FLORIDA:
SECTION 1. LEGISLATIVE FINDINGS. The above recitals are adopted by the City
Commission as the legislative findings of the City Commission relative to the enactment of this
Ordinance.
SECTION 2. AMENDMENT TO ARTICLE IV, SECTION 58-120, CITY CODE —
MAXIMUM RATES FOR TOWING AND STORAGE. Article IV, Section 58-120 of the Code
of Ordinances of the City of Sanford is amended to read as follows:
(a) Compliance tii,ith established rates. Wrecker operators located in the city for which
maximum rates for towing and storage of vehicles removed by the police department's
request have been established by the City Commission pursuant to F.S. § 166.043, or
other applicable authority, shall comply with those rates.
(b) Procedure.for setting rates. The City shall establish maximum towing and storage rates
-^n^ within the City according to Subsection (a) of this Section. In determining
such rates, the City shall consider:
(1) Costs incurred by the wrecker operator in the storage of vehicles, including the rental
or purchase of property, insurance, premiums, and maintenance of storage facilities.
(2) Costs incurred by the wrecker operator in the removal of vehicles including
maintenance and operation of wrecker units.
(3) Prior or existing contracts between wrecker services and governmental agencies for
the removal and storage of vehicles, or existing contracts between wrecker services
and governmental agencies for the removal and storage of vehicles.
(4) Towing and storage charges currently imposed by wrecker services for rotation and
owner's request calls.
Rate rteger- , Class At Class B Glass r
Base -rate $85.00 $95.00 $165.00-
Mileage
16c.00Mileage Eager 2.50 3.00 4.00
nage
beyond 10 mile
radius)
Houfly rate (for 66.00 80.00 165.00
Citi,,or- working
t;.
e on seen -e
after
minutes billed by
,4- ked
*Mileage rate or- towed miles one wa�-
5 fty• �TTiI
o. Unskilled,ef hetir .....20.08
ChwWeS
(( ti�ass A seri vim
Inside r ge p � ate $20.00
a. inside � ucc-
c) Rate schedule. The maximum rates for towing or immobilization of a vehicle, for the
storage of a towed vehicle or for the rendition of other services involving the use of a
wrecker or other customarytg services when the point of origin of the tow or such
services is within the City of Sanford are as follows:
(1) Class A vehicles (gross vehicle weight less than or equal to 10,000 pounds or
vehicle carrying a vessel 15 feet or less in length).
Trespass Tow (flat rate)................................................................... $125.00
Non -Consensual Tow....................................................................... $150.00
Non -Consensual Tow, per mile ........................................................ $ 6.00
Non -Consensual Tow, bona -fide waiting or extra labor
time beyond initial 30 minutes at scene, per full extra 15
minuteblock...................................................................................... $ 25.00
Trespass or Non -Consensual Tow dailysge per day .................. $ 30.00
Immobilization (includes placement and removal of device)............ $22.00
(2) Class B vehicles (gross vehicle weight 10,001 pounds or more but less than 19,500
pounds or vehicle carrying a vessel more than 15 feet but less than or equal to 22
feet in length).
Trespass Tow (flat rate)
Two times
(2x)
the rate in (a)(1)
Non -Consensual Tow
Two times
(2x)
the rate in (a)(1)
Non -Consensual Tow, per mile
$7.00
Non -Consensual Tow, bona -fide waiting or extra labor time beyond initial
Two times
(2x)
the rate in (a)(1)
thirty (30) minutes at scene, per full extra fifteen (15) minute block
Trespass or Non -Consensual Tow daily storage per day
Two times
(2x)
the rate in (a)(1)
Immobilization (includes placement and removal of device)
$22.00
(3) Class C vehicles (gross vehicle weight 19,500 or more pounds but less than 25,000
pounds or vehicle carrying a vessel more than 22 feet in length).
Trespass Tow (flat rate)
Three times
(3 x)
the rate in (a)(1)
Non -Consensual Tow
Three times
(3x)
the rate in (a)(1)
Non -Consensual Tow, per mile
$9.00
Non -Consensual Tow, bona -fide waiting or extra labor time beyond initial
Three times
(3 x)
the rate in (a)(1)
thirty (30) minutes at scene, per full extra fifteen (15) minute block
Trespass or Non -Consensual Tow daily storage per day
Three times
(3 x)
the rate in (a)(1)
Immobilization (includes placement and removal of device)
$22.00
(4) Class D vehicles (gross vehicle weight 25,000 or more pounds).
Trespass Tow (flat rate)
Four times
(4x)
the rate in (a)(1)
Non -Consensual Tow
Four times
(4x)
the rate in (a)(1)
Non -Consensual Tow, per mile
$9.00
Non -Consensual Tow, bona -fide waiting or extra labor time beyond initial
Four times
(4x)
the rate in (a)(1)
thirty (30) minutes at scene, per full extra fifteen (15) minute block
Trespass or Non -Consensual Tow daily storage per day
Four times
(4x)
the rate in (a)(1)
Immobilization (includes placement and removal of device)
$22.00
(d) Immobilization Device. Except to the extent allowed by law, the practice of Placingaboot
or immobilization device on a vehicle is prohibited. When placement of a boot or
immobilization device is allowed by law, booting or immobilization must comply with the
provisions of this Ordinance and the provisions of any applicable statute pursuant to which
the vehicle is immobilized. This part does not apply to impoundment or immobilization of
vehicles pursuant to Section 316.193, Florida Statutes (2021), concerning penalties for
driving under the influence, as this statute may be amended from time to time.
(e) Immobilization Notice. Any ing service initiating an immobilization of a vehicle within
the boundaries of the City of Sanford, at a minimum, shall clearly post on the immobilized
vehicle the following information:
(1) An immobilization device has been affixed to the wheel of the vehicle.
(2) No attempt should be made to move the vehicle or damage to the vehicle mgy result.
(3) Contact information, including the name of the tow company that affixed the
immobilization device, the address and telephone contact information of the tow
company, and notification of a fee, not exceeding $22.00, for removal of the
immobilization device.
(f) All -Inclusive Rate. The maximum rates established in paragraph (a) above must be a flat
fee which must be all-inclusive, and, by way of illustration, no additional charges may be
imposed for:
(1) Access fees to allow the owner or the owner's representative to remove personal
property or examine the vehicle.
(2) Fuel surcharge fees.
(3) Release fees during normal business hours (Monday—Friday, 8:00 a.m.-6:00
p m.).
(g) After -Hours. An after-hours (Monda— Friday, 6:00 p.m. -8:00 a.m., Saturday
Sunday and National Holiday) release fee not to exceed $50.00 may be charged.
(h) Telephone Monitorin -T owing Operator. Each towing service shall staff or monitor its
telephone at all tunes and immediately advise any vehicle owner or authorized
representative who calls by telephone all documents and items needed to retrieve such
vehicle and the total amount owed for such service. Vehicle tags are considered personal
property and must be released to owners at no additional charge.
(i) Special Equ�pment or Services. It is unlawful for a towing service to make or assess
additional charges or fees for any special equipment or services, including but not limited
to, double hook up, vehicle entry when locked, dropping transmission linkage, axle or drive
shaft removal, dollies, trailer or flat bed, lifts, slim jams, go jacks, removing bumpers, or
airing up brakes.
(j) Non -Assessment for Services. It is unlawful for a towing service to make or assess other
fees of whatever kind 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 tows, 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.
(1) Storage fees as set forth above may be assessed after the initial non -fee periods
based on 24-hour increments and not on calendar days.
(2) An administrative fee of $60.00 plus the cost of lien mailings and processing may
be charged after the first twenty-four (24) hours of storage so long as the towing
service has actually complied with the requirements of Section 713.78, Florida
Statutes (2021), as this statute may be amended from time to time. The
administrative fee plus the costs of lien mailings and processing must not exceed
twenty-five percent 25%) of the maximum towing rate when the vehicle is towed
from public property.
(3) A "cover fee" in the amount of $15.00 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.
(k) Minimization of Costs. Law enforcement officials making calls to towing services to
arrange for towing are encouraged to make such requests in a manner that will minimize
costs to consumers and to ensure that inordinate waiting times do not occur while towing
service personnel are waiting to perform their services at a scene at which such services
are necessary.
A towing service shall not tow or immobilize a vehicle if there is a natural living person
occupying the vehicle.
(1) Rate Cha=s by Resolution. The City Commissioners may change the maximum fees
set forth herein from time to time by a duly dopted resolution.
Rate structure adopted from Florida Highway Patrol under F.A.C. ch. 1513-9, effective
December 1, 1992.
Base rate means the basic charge for responding to a call within a ten -mile radius from the
wrecker operator's place of business. It includes attaching to the disabled vehicle and towing it
to the place of storage. It also includes no more than a 30 -minute wait at the accident scene
before commencing actual retrieval. Any waiting time at the scene beyond 30 minutes may be
charged at the hourly rate as defined in this section. Mileage traveled, in going to the scene or
in returning to the place of storage, which is beyond the ten -mile radius from the operator's
place of business may be billed at the applicable mileage rate.
Daily inside storage rate means the separate rate charged for inside storage according to the
same criteria as that set forth in this section for outside storage.
Daily outside storage rate means the daily rate for storing a vehicle in outside storage based on
a 24-hour day, each day starting at 12:01 a.m. The initial six hours of storage shall be without
charge pursuant to F.S. § 713.78(2)(c). Thereafter, the daily rate will apply, and any fraction of
a day will count as a full day.
Hourly rate means the per -hour charge for use of a wrecker in retrieving submerged vehicles,
uprighting overturned vehicles, retrieval from ditches or the attachment of dollies. It does not
include travel time or the first 30 minutes of working or waiting time on the scene. There shall
be no separate charge for winching.
!Mileage means the rate charged per mile for travel or towing outside of the ten -mile radius
from the wrecker operator's place of business.
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SECTION 3. IMPLEMENTING ADMINISTRATIVE ACTIONS. The City
Commission hereby delegates to the City Manager, or his designee, the power and authority to
engage in contracts with authorized towing operators and wrecker services, under such terms and
conditions as he, or his designee, may deem appropriate to implement a City wrecker operator
system, as defined in Section 323.002(1)(c), Florida Statutes, providing for a rotation system of
qualified towing operators and wrecker services to serve the needs of the City in accordance with
the general provisions of Chapter 323, Florida Statutes, and other applicable law.
SECTION 4. CONFLICTS / REPEALER. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
SECTION 5. CODIFICATION; SCRIVENER'S ERRORS.
(a). Sections 2 of this Ordinance shall be codified and all other sections shall not be
codified.
(b). The sections, divisions and provisions of this Ordinance may be renumbered or
re -lettered as deemed appropriate by the Code codifier.
(c). Typographical errors and other matters of a similar nature that do not affect the
intent of this Ordinance, as determined by the City Clerk and City Attorney, may be corrected with
the endorsement of the City Manager, or designee, without the need for a public hearing.
SECTION 6. SEVERABILITY. If any section, sentence, phrase, word, or portion of this
Ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to impair the
validity or effect of any other action or part of this Ordinance.
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect immediately upon adoption by the City Commission.
PASSED AND ADOPTED this 12t' day of September, 2022.
Attest:
By:am �,(N oLN,, XA00, SCR
Traci Houchin, MMC, FCRM, City Cler)
Approved as to form and legality:
City Commission ofP11
City of
Florida ,��� // i
B
lArt Woodruff,
BY:
William L. Colbert, City Attorney
R
CITY OF
' 2f
SkNFORD WS- RM /X�
FLORIDA Item No.
CITY COMMISSION MEMORANDUM 22.213
SEPTEMBER 12, 2022 AGENDA
To: Honorable Mayor and Members of the City Commission
PREPARED BY: Jennifer Caldwell, Administrative Service Manager
SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-(
SUBJECT: Revised Ordinance No. 4706
STRATEGIC PRIORITIES:
Unify Downtown & the Waterfront
Promote the City's Distinct Culture
Update Regulatory Framework
Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
Adoption of Ordinance No. 4706, amending the City Code relative to setting rates for towing
and/or storage of vehicles is requested.
FISCAL/STAFFING STATEMENT:
There are no substantial fiscal or staffing issues impacted by the approval of the proposed
Ordinance.
BACKGROUND:
In 2004, the City Commission approved Ordinance No. 3861 and Resolution No. 1962 setting the
tow rates in the City. There has not been a change to the rates since that time. The proposed
Ordinance No. 4706, establishes new rates for tow services in the City and adopts the rates
reflected in the towing ordinance recently adopted by Seminole County. Ordinance No. 4706, will
be useful for citizen safety, it will allow City Police officers to call dispatch for a tow, and it will
help to keep the City's roadways safe. This Ordinance will also assist with keeping towing invoices
consistent.
LEGAL REVIEW:
A legal review has been completed by the Assistant City Attorney, who assisted in the development
of the proposed Ordinance No. 4706 and this agenda memorandum.
The City Commission approved the first reading of Ordinance No. 4706 on August 22, 2022.
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on August 28,
2022.
111'a�,t
RECOMMENDATION:
City Staff recommends that the City Commission adopt Ordinance No. 4706.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4706."
Attachments: Ordinance No. 4706