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21-2213 Amending City Code Pertaining to Towing on Private Property ORDINANCE NO. 21-2213 AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA,AMENDING § 86-114, ARTICLE III, CHAPTER 86 (TOWING OF VEHICLES) OF THE LONGWOOD CITY CODE OF ORDINANCES AS SUCH PERTAINS TO NOTICE OF NON-CONSENSUAL TOWING ON PRIVATE PROPERTY; PROVIDING FOR CONFLICTS, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City of Longwood (the "City") is vested with home rule authority pursuant to Article VII, Section 2 of the Constitution of the State of Florida and Chapter 166, Florida Statutes, to enact ordinances; and WHEREAS, the City has previously enacted Article III of Chapter 86' governing and regulating the towing of vehicles within the City of Longwood; and WHEREAS, the Florida Legislature enacted Chapter 2020-174, Laws of Florida, which amended § 715.07(5), Florida Statutes, adjusted the requirements for signage and notice that must be posted on private property to allow for non-consensual towing of vehicles from such property; and WHEREAS, the City desires to render its regulations governing such signage and notice consistent with current Florida statutory requirements; and WHEREAS, this ordinance will provide for consistency with the changes made in Chapter 2020-174, Laws of Florida, and make minor adjustments to the current language of the City's ordinance as such pertains to notice of non-consensual towing; and WHEREAS, the City finds that this ordinance will promote, protect and improve the health, safety and welfare of its citizens, consistent with the authority of and limitations on the City pursuant to the Constitution of the State of Florida and the Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LONGWOOD,FLORIDA,AS FOLLOWS: SECTION 1. The following § 86-114 of Article III of Chapter 86, Longwood City Code, is amended as follows (Words that are stricken o;t are deletions; words underlined are additions; and non-referenced sections shall remain unchanged): Chapter 86 TRAFFIC AND MOTOR VEHICLES-ARTICLE III.TOWING OF VEHICLES *** Sec. 86-114. Prerequisites to private property towing. (a) Prior to the private property towing of any vehicle, the property owner of the Ordinance 21-2213 Page 1of9 real property and the towing service shall have executed a written agreement which shall at a minimum contain the following provisions: (1) The legal name, physical address, and telephone number of the towing service and the property owner requesting the towing services; (2) The property address and location and description of the parking lot or spaces from which the vehicle(s) will be towed; (3) The duration of the agreement. No agreement under this section shall have a term longer than three years. In the absence of a termination date, the agreement shall expire two years from the date it was received by the Longwood Police Department; (4) The time of day that such towing is authorized; (5) The days of the week that such towing is authorized; (6) Exceptions to the above,such as partial days, specific hours or certain days or events; (7) An enumerated list of all fees to be charged to either the property owner or vehicle owner/operator, which shall not exceed the amounts stated in section 86-117 of this chapter; (8) The address and description of the location where the vehicle will be towed or stored; (9) The exact wording of each sign and a description of the location of each sign on the property which shall conform to F.S. §§ 713.78 and 715.07 and this chapter; and (10) The signature of both the property owner and the owner of the towing service or its authorized representative, certifying that each has read and is in compliance with the provisions of F.S. §§ 713.78 and 715.07, and the provisions of this chapter. The above 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 where the vehicle is parked in such a way as to obstruct access to private entrances, exits, drives or loading areas. (b) Prior to the trespass/private property towing of any vehicle, two executed Ordinance 21-2213 Page 2 of 9 agreements described in subsection (a) above, and the city occupational license and/or business tax receipt (once annually) shall be filed in person by the towing service or its authorized representative at the city police department records department. Said agreements shall be nontransferable. If the ownership of either the towing service or the property changes, is amended,or modified,a new written agreement meeting the requirements of this section must be filed at the city police department prior to any trespass/private property towing from the subject property. The towing service shall be responsible for advising the city police department within two business days of any changes, amendments, or modifications to,or rescissions of, these agreements. Towing services are prohibited from engaging in trespass/private property towing until the towing service has filed a completed and executed agreement at the city police department. (c) It shall be unlawful for any towing service to tow or drop tow a vehicle located within the city unless the towing service has filed and has on record at the city police department a complete copy of the current rates charged for the towing and storage of vehicles. Rate sheets filed with city police department must comply with the rates permitted by the article. The rate sheet, and occupational license and/or business tax receipt, must be filed at city police department annually by the towing service representative. (d) It is prohibited for a person to pay or accept money or other valuable consideration for the privilege of towing or removing vehicles from a particular location. (e) Any property owner or lessee, or person authorized by the property owner or lessee, prior to towing or removing any vehicle from private property without the consent of the owner/operator or other legally authorized person in control of that vehicle, must post a notice meeting the following requirements: (1) The notice must be prominently placed at each driveway access or curb cut allowing vehicular access to the property within 10 feet from the road, as the term "road" is defined in § 334.03(22) from either the public right of way or - djoining r gate r erty nd wi+hin five feet from the public i right „f,. ay li„e „r private property line. If there are no curbs or access barriers, the signs must be posted not less than one sign for each 25 feet of lot frontage. (2) The notice must clearly indicate, in not fewer than twe 2-inch high, light- Ordinance 21-2213 Page 3 of 9 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 not fewer than four 4-inch high letters per Florida Statute. The words"Strictly Enforced" must be included on the notice in twe 2-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 11/2-inch high letters. The notice must also include in 1/2-inch high letters the following statement: Chapter 86, article III, Longwood City Code and F.S. § 715.07. The name and current telephone number of the person or firm towing&crvice or removing the vehicles must also be included on the sign per Florida Statute. This additional notice may be placed adjacent to existing tow away signs. (3) The sign structure containing the required notices must be no more than 36 inches in height and no more than 18 inches in width. The sign structure must be permanently installed with the words "Tow-Away Zone" not leas fewer than twee 3 feet and not more than &ix 6 feet above ground level and must be continuously maintained on the property for not less fewer than 24 hours prior to the towing or removal of any vehicles. (4) This section shall not apply to property appurtenant to and obviously a part of a single-family residence, and to instances when notice is personally given to the owner or other legally authorized person in control of the vehicle that the area in which that vehicle is parked is reserved or otherwise unavailable for unauthorized vehicles and subject to being removed at the owner's or operator's expense. (f) The property owner shall keep signs clean of mildew and vegetation and in good repair. (g) A business with 20 or fewer parking spaces may satisfy the notice requirements of this section by prominently displaying a sign stating "Reserved Parking For Current Customers Only. Unauthorized Vehicles Will Be Towed Away At The Owner's Expense"and the words"Strictly Enforced" in not less fewer than feu+ 4 inch high, light-reflective letters on a contrasting background. (h) A towing service owner or operator is prohibited from knowingly engaging in towing on private property where the notice or sign structure requirements are not in compliance with this section. Ordinance 21-2213 Page 4 of 9 (i) A private property owner, lessee, or agent may authorize the removal of a vehicle by a towing company when the vehicle is parked in such a manner that it restricts the normal operation of business;and if a vehicle parked on a public right-of-way obstructs access to a private driveway, the owner, lessee, or agent may have the vehicle removed by a towing company upon signing an order that the vehicle be removed without a posted tow-away zone sign. It is prohibited for the towing company to tow the vehicle without such order.Said order shall be kept by the towing service for two years from the date of the tow and made available for inspection by LPD or code enforcement. (j) It shall be unlawful for any owner, manager, employee, or agent of a towing service, while engaged in towing or storing of vehicles, to wear a law enforcement uniform or other indication or logo of law enforcement affiliation. (k) Any towing service operating within the City of Longwood shall, within 30 minutes of the completion of any private property tow, notify the Longwood Police Department dispatch, of the towing; the address of the storage site where the vehicle is stored;the location or address from which the vehicle was towed; the time the vehicle was towed or removed; the make, model, year, color, vehicle identification number (VIN), and license plate number of the vehicle; and, shall obtain the Longwood Police Department incident number and record that number in the trip report. Failure to comply with the requirements of this subsection is unlawful. (I) All vehicles towed shall be towed directly and continuously to the storage site owned or leased by the towing service and the towed vehicle shall not be kept in any temporary holding area. (m)A towing service shall allow the owners, agents, or other legally authorized person of the towed vehicle to park on site at the storage facility while picking up or inspecting the towed vehicle, unless reasonable alternative parking is made available by the towing service within 1,000 feet of the storage facility. (n) Any vehicle towed from locations within the city must be stored in the city limits of Longwood or in Seminole County, Florida within a ten-mile radius of the point of removal. Failure to comply will, at a minimum, be sufficient to revoke the operator's license to conduct a towing business in the city under this article and chapter 82, article II. It is a violation of this subsection and prohibited for an existing towing service to change the name of the business Ordinance 21-2213 Page 5 of 9 or corporate entity to obtain a new or additional occupational license and/or business tax receipt for the purpose of circumventing the intent of this section. (o) A towing service shall allow the vehicle's owners, or their agents with an original notarized statement, to remove or retrieve personal property or possessions from the vehicle immediately at the scene of the tow or at the storage facility prior to payment. The vehicle owner or agent, shall be permitted to inspect the vehicle and the towing service shall release to the owner or agent all personal property not affixed to the vehicle. The towing service representative is prohibited from charging a fee for such retrieval or to refuse to allow retrieval of personal property. (p) Each towing service shall staff or monitor its telephone 24 hours a day, seven days a week, including holidays, and return telephone calls within one hour to advise any vehicle owner, operator, custodian, agent, or other legally authorized person or authorized representative who calls by telephone prior to arriving at the storage site of the following: (1) Each and every document or other item which must be produced to retrieve the vehicle. A valid insurance identification card containing the vehicle's VIN, which if presented by the person named on the card, is deemed acceptable documentation to retrieve the vehicle; Further, an owner must be allowed to be escorted to a stored vehicle for the purpose of retrieving the motor vehicle registration or other documentation that proves ownership of the subject vehicle; (2) The exact charges as of the time of the telephone call, and the rate at which charges will accumulate thereafter; (3) The acceptable methods of payment which shall include cash, money order, or a valid major debit or credit card; (4) That the vehicle can be picked up within one hour of request. (q) Upon payment of the authorized towing fee, the towing service shall release the towed vehicle upon request of the owner, or their agent, within one hour after the request. Cash, money orders, or a valid major debit or credit card shall all be accepted at the storage site. (r) Each towing service shall provide, at the time of payment, whether or not requested, a written receipt with the company name for all charges imposed Ordinance 21-2213 Page 6 of 9 and all payments received from the owner or operator of a vehicle resulting from the towing of a vehicle or from a drop tow. Said receipt shall include the towing rates set forth in section 86-117. Said receipt shall include at a minimum: (1) The date, time, and location of the tow; (2) The total charges listed individually and specifically; and (3) The date and time of payment of the charges. (4) The name of the tow truck driver and towing service. (5) The city ordinance number authorizing each charge. (s) The towing service shall prepare and maintain a tow data sheet which shall include, at a minimum, but not be limited to, the following information: (1) The legal name of the towing service and tow truck driver providing the service. If not a corporation, the name of the owner of the business; (2) The location from which the vehicle was towed; (3) Date and time the tow was initiated; (4) The destination to which the vehicle was taken; (5) The description of the vehicle including the make, model, year, color, vehicle identification number, and license plate number; (6) The time and date the Longwood Police Department was contacted by the towing service and the LPD incident number assigned; (7) The description of the services rendered including an itemized list of all charges; (8) The date and time the vehicle was returned to the owner or their agent, and the name, address, and driver license number of such owner or their agent; and (9) A copy or stamp of the consumer rights guideline signed by the owner, custodian, or agent, which shall be maintained as part of the tow sheet documentation. (t) All towing services shall keep all such tow data sheets and receipts on file for Ordinance 21-2213 Page 7 of 9 a period of three(3)years from the date of the tow or drop tow and shall make them available for inspection and/or copying to any Longwood Police Department law enforcement officer or code enforcement officer during normal business hours. (u) No towing service shall tow a vehicle when either a natural person or a live animal is occupying the vehicle. (v) Any vehicle owner, or their agent, shall have the right to inspect the vehicle before accepting its return, and no release or waiver of any kind which would release the person or firm towing the vehicle from liability for damages noted by the owner or other legally authorized person 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. (w)The towing company must provide a copy of the consumer rights guidelines, as promulgated by the city, or stamp the equivalent of such on the back of the receipt to each vehicle owner, operator, custodian, or agent of any drop tow or towed vehicle, and keep a copy or receipt of the guideline provided to the vehicle owner or agent. It is unlawful to fail to provide the vehicle owner, or their agent, a copy of the promulgated guidelines. SECTION 2. CONFLICTS. This Ordinance shall govern and control in the event of a conflict with any other ordinance or resolution of the City. SECTION 3. CONDIFICATION. Section 2 of this Ordinance shall be condified; and any sections, subsections. paragraphs, or subparagraphs may be renumbered or re-lettered as appropriate to accomplish the intent of this Ordinance. SECTION 4 . SEVERABILITY. If any section, subsection, sentence, clause, phrase, word, or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion will be deemed a separate, distinct, and independent provision, and such holding will not affect the validity of the remaining portions of this Ordinance. SECTION 5. EFFECTIVE DATE. This Ordinance shall become effective upon its adoption. FIRST READING: THIS 15th DAY OF November.A.D., 2021. SECOND READING:THIS 6th DAY OF December. A.D., 2021. Ordinance 21-2213 Page 8 of 9 PASSED AND ADOPTED THIS 6th DAY OF December, A.D., 2021 City of Longwood, Florida Brian D. Sackett,Eayor ATTEST: /hRM, City Clerk Approved as to form and legality for the use and reliance of the City of Longwood, Florid Daniel W. , Cit tt ey Ordinance 21-2213 Page 9 of 9