§ 26-230. Towing or immobilization with prior express instruction of real property owner or authorized agent and/or law enforcement agency.

In addition to the other requirements of this article, no tow truck company shall, for compensation, recover, tow, or remove a vehicle/vessel from real property, or provide storage in connection therewith, nor shall a immobilization company immobilize a vehicle/vessel from real property, without the prior express instruction of the vehicle/vessel owner or authorized driver, except in accordance with the following:

(1)

Police directed tow: Tow truck companies may for compensation recover, tow or remove a vehicle/vessel based upon a law enforcement directed tow without the prior express instruction of the vehicle/vessel owner or authorized driver upon the prior express instruction of a law enforcement agency and in accordance with the terms of any contracts or agreements between the tow truck company and a governmental entity and/or law enforcement agency.

(2)

Private property impound: Tow truck or immobilization companies may recover, tow, immobilize or remove a vehicle/vessel based upon a private property impound without the prior express instruction of the vehicle/vessel owner or authorized driver, upon the prior express instruction of a real property owner or his authorized agent on whose property the vehicle/vessel is disabled, abandoned or parked without authorization or whose vehicle/vessel owner or authorized agent is unwilling or unable to remove the vehicle/vessel, provided that the requirements of this article are satisfied. All companies providing private property towing and/or immobilization in Collier County must have their storage facility (tow truck companies only) and an office located within the county. Further, any towed or removed vehicle or vessel must be stored at a site within a 10-mile radius of the point of removal within the county boundaries. A person may not pay or accept money or other valuable consideration for the privilege of towing, immobilizing or removing vehicles or vessels from a particular location.

The tow truck or immobilization company recovering, towing or removing a vehicle/vessel shall, within thirty (30) minutes of completion of such towing, immobilization or removal, notify the appropriate law enforcement agency in which jurisdiction the vehicle/vessel was parked of the nature of the service rendered, the name and address of the storage facility where the vehicle/vessel will be stored or where the vehicle is immobilized, the time the vehicle was secured to the towing vehicle/vessel or immobilized, and the make, model, color and vehicle license plate number (if any) or registration number of the vehicle/vessel. The tow truck or immobilization company shall obtain the name and identification number of the person at the law enforcement agency to whom such information was reported and note that name on the trip ticket.

For all vehicles/vessels removed or immobilized by a tow truck or immobilization company, a private property tow or immobilization ticket shall be completed and signed by the property owner or representative at the time of the tow or immobilization that includes that individual's driver's license number and the following information: the year, make, model, color and vehicle identification number, the vehicle license plate number (if any), a statement of any visible damage to the exterior of the vehicle/vessel, and an inventory of the visible inventory of the vehicle/vessel initialed by the real property owner or his authorized agent on whose property the vehicle is disabled, abandoned or parked without authorization. Companies that do not remove the vehicle from its location and are only providing immobilization services are not required to include an inventory of the contents of the vehicle/vessel.

(3)

Except as otherwise provided in this article, every prior express instruction made in writing or in person shall indicate the date and time of the instruction and shall be signed by the law enforcement officer with their Identification number.

(4)

Except as otherwise provided in this article, no such prior express instruction shall be considered to have been given:

a.

By the mere posting of signage as required by this article;

b.

By virtue of the terms of any contract or agreement between a tow truck company and a real property owner;

c.

When the prior express instruction occurs in advance of the actual unauthorized parking of the vehicle/vessel; or

d.

Where the prior express instruction is general in nature and unrelated to specific, individual and identifiable vehicles/vessels, which are already parked without authorization.

(5)

Each tow truck or immobilization company shall enter into a written contract with every owner of private property that authorizes the tow truck or immobilization company to tow or immobilize vehicles/vessels from its property. This written contract shall include the beginning date of said contract, the names and titles of all persons (i.e., owner, property manager, condominium president, etc.) who have the authority to appoint persons (i.e., security guard, night watchman, onsite manager, etc.) who can authorize prior express instruction to the tow truck or immobilization company to remove, recover, immobilize or tow any vehicle/vessel from its property. The written contract shall also include the name and current telephone number of the tow truck or immobilization company performing the towing or immobilization service. Any addendum to the contract shall include additional names and titles as necessary. No such contract shall state that the tow truck company assumes the liability for improperly towed vehicles/vessels, contrary to F.S. § 715.07(4). The tow truck or immobilization company must keep on file each contract and addendum (if applicable) with the property owner. Such contract shall be maintained for at least twelve (12) months after termination. Law enforcement officers/agencies may inspect and request a copy of any and all such contracts from the tow truck or immobilization company during normal business hours. The tow truck or immobilization company may not withhold production of the contract upon demand by law enforcement officers/agencies. Failure to enter into or keep on file a contract with the property owner shall be a violation of this article. All contracts that were entered into prior to the effective date of this article shall accomplish the requirements of this subsection by entering into an addendum to the current contract within one (1) year following the enactment of this article.

(6)

Tow truck companies may not enter into a written contract with the owner of private property that authorizes the tow truck company to tow vehicles/vessels from the real property owner's property to a storage yard where the mileage restrictions have been exceeded contrary to F.S. § 715.07(2)(a)1, as may be amended from time to time.

(7)

Real property owners or authorized representatives shall not request the recovery, tow, immobilization or the removal of vehicles/vessels that are reasonably identifiable from markings or equipment as law enforcement, fire fighting, rescue squad, ambulance, or other emergency vehicles which are marked as such or to property owned by any governmental entity.

(8)

Any person who improperly causes a vehicle/vessel to be recovered, towed, or immobilized, removed or stored shall be liable to the vehicle/vessel owner or authorized representative for the costs of the services provided, any damages resulting from the recovery, towing, immobilization removal or storage and attorney's fees and court costs.

(9)

Except as otherwise provided in this ordinance or allowed by law, the practice of placing a "boot" or other immobilization device on a vehicle is prohibited. When placement of an immobilization device is allowed by law, immobilization shall occur in accordance with the provisions of this ordinance or the provisions of any applicable statute pursuant to which a vehicle is immobilized, as follows:

a.

Only tow or immobilization companies licensed to conduct business in Collier County and who are otherwise in compliance with all applicable Collier County ordinances may immobilize vehicles.

b.

The practice of placing a boot or other immobilization device on a vehicle to hold for towing is strictly prohibited. No immobilized vehicle shall be towed by a towing company until at least (6) hours have elapsed after the installation of the immobilization device. In the event that a vehicle is lawfully booted or otherwise immobilized and towed under this section, a separate fee for immobilization may not be charged in addition to the towing fee; the maximum rate shall be limited to that which may be charged for towing said vehicle as set forth herein.

c.

When immobilization is accomplished by the placement of an immobilization device on the vehicle, it shall be placed on the front wheel of the driver's side of the vehicle. The immobilization device may only be placed on any other wheel or vehicle part if placement on the driver's side front wheel is not feasible.

d.

Immediately after a vehicle is immobilized, the person immobilizing such vehicle, the owner of the property where the vehicle is immobilized, or an employee or agent of such person or owner, shall affix upon each of the front windows adjacent to the driver's and passenger's seats of such vehicle a sticker measuring eight by five (8 × 5) 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 immobilized such vehicle as well as a business telephone number that will facilitate the dispatch of personnel responsible for removing the immobilization device. The sticker will include the Collier County ordinance number regulating the practice. Upon payment to remove the immobilizing device, the immobilizing company shall completely remove the affixed sticker.

e.

Upon request of the immobilized vehicle's owner or authorized driver/agent, and payment of any applicable fee, the tow truck or immobilization company shall release the immobilized vehicle to the vehicle's owner or authorized driver/agent within one (1) hour.

(Ord. No. 2008-47, § 5; Ord. No. 2009-60, § 4; Ord. No. 2010-30, § 3)