Ordinance 05-1782 ORDINANCE NTO. 05-1782
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA,
.AMENDING CIIAPTER 22 TRAFFIC AND MOTOR VEHICLES OF
TIRE LON~GWOOD CITY CODE BY ADDING A NEW ARTICLE III,
TITLED "'TOWING OF VEHICLES"'AND ADDING SECTIONS 22-35, ,
DEFINITIONS; 22-36, LEGISLA'ICIVE INTENT, TOWING OF
VEHICLES FOR COMPENSAT][ON, AND OCCUPATIONAL
LICENSE REQUIREMENT; 22-37; :PREREQUISITES TO PRIVATE
PROPERTY TOWING.; 22-38, EXE)VIPTIONS; 22-39, DROP TOW -
RETURN OF DRIVER PRIOR TO TCIW; 22-40, ESTABLISHMENT OF
.RATES; 2:!-41, VIOLATIONS; PRESUMPTION; JIURISDICTION, 22-
42, MISREPRESENTATION OR FALSIFYING TOW DOCUMENTS;
22-43, PElvALTIES; 22-44, PROHIBITED TOWS FROM PUBLIC
PROPERTY; 22-45, ISSUE, RIEISSUE; TRANSFER, REVOCATION OF
LICENSES; RIGHT OF APPEAL, AND PROVIDING FOR
SEVERABILITY AND EFFECTIVE DATE.
WHEREAS, the Legislature of the State of :Florida has recently enacted Sections
125.0103(c) and 166.043(c), Florida Statutes, which mandate that counties shall est<zblish
maximum fees to be charged for non-consensual towing services and "trespass tows"
authorized by Section 715.07, Florida Statutes, and
WHEREAS, Sections 125.0103(c) and 166.043(c), Florida Statutes provide that a
municipality may choose to enact an ordinance establishing the maximum fees for the towing
or immobilization of vehicles in which case the county ordinance would not apply within
such municipality, and
WHEREAS, Seminole County has adopted Ordinance No. 2005-25 adopting
regulations pursuant to Sections 125.0103(c) and 166.043(c), Florida Statutes regulating
towing services, and
WHEREAS, the City Commission of Longwood, Florida has determined it to be in
the best interests o:f the health, welfare and safety of the residents of Longwood to enact its
~ own Ordinance regulating towing services,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF'THE
CITY OF LONGUJOOD, FLORIDA, AS FOLLOWS:
SEC7CI~loT 1: The above recitals are true and correct and incorporated herein by
reference.
SEC'I'I®1®T 2: That Chapter 22 TRAFFIC AND MOTOR VEHICLES, Longwood
City Code is hereby amended to add ARTICLE III, titled "TOWING OF VEHICLES" as
hereinafter set forth.
Section 22-35. Definitions.
(1) "City" as used herein shall refer to the city limits of the City of Longwood.
~ (2) "Property owner" shall mean that person who exercises dominion and control
over the real property, including;, but not limited to, the legal title holder,
lessee, a resident. manager, a property manager or other agent who had legal
authority to bind the owner. An owner, operator, or other agent or employee
of a 'towing service may not be appointed as an agent for a property owner.
(3) "Tow" shall mean to haul, carry, pull along, or otherwise transport a connected
vehicle by means of another vehicle in a direct and continuous movement to
the storage site of the towing service and applies only to private property tows
as defined in this chapter.
(4) "Towing Service" shall include any person, company; corporation, or other
~ entit;y whether licensed or not, v+~ho engages in or who owns or operates a
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business which engages, in whole or in part, in the towing of vehicles for
compensation from private properly and does not apply in repossessions, or to
the towing or removal of any privately owned vehicle by the operator or of any
vehicle towing or removal service when such service is performed at the
request of the owner of the vehicle.
(5) "Cor?nected" in reference to a vehicle shall mean the vehicle is secured and
strapped sufficiently to another vehicle for towing.
(6) "Vehicle" shall mean any mobile item which normally uses wheels whether
motorized or not.
(7) "Private property towing" shall mean towing or removal of a vehicle, that is
parked on private real property, without the consent of the vehicle's owner or
operator.
(8) "Gross vehicle weight" (GVW) sl•~all mean the weight of a vehicle as specified
by the vehicle's manufacturer.
(9) "Drop tow" shall mean an instancy; where the registered owner or other person
in control of the vehicle arrives at the scene prior to the towing and after the
vehicle has been connected in any way to the towing or removal apparatus but
before the tow truck has left the premises or parking lot with the vehicle.
10) "Storage site" shall mean all sites Ito which vehicles towed from within the city
limits of Longwood will be stored..
(11) "Age;nt" shall mean a person legally authorized to be in control ofthe vehicle
~ or to act on behalf of the owner which agency may be evidenced by notarized
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documentation.
Sec. 22-3~. Legislative Intent, Towiing of vehicles for Compensation, and
Occupational License Requirement.
1. The City Commission hereby finds and determines that abandoned vehicles and
damaged .vehicles that. cannot be moved, and the unauthorized parking of vehicles,
constitutes public nuisances and public emergencies affecting the property, public safety, and
welfare of the citizens and residents of the City of Longwood.
2. Any person engaged in the business of'towing or removing of vehicles shall comply
with all the requirements and standards imposed by Florida Statute §§713.78 and §§715.07.
3. Every person, company, corporation, ar other entity that owns or operates a service
that engages in towing or removing vehicles for profit within the City of Longwood must
~ obtain an occupational license issued by the City of Longwood consistent with the provisions
of Chapter 10 of the Longwood City Code.
4. A determination by the City's permitting authority that a towing operator or
company is subjecit to the City of Longwood's occupational license tax based upon. one or
more factor(s) in Chapter 10 is deemed sufficient local incidents and is prima facie evidence
that such company, person, or operator is liable for a license certificate.
Sec. 22-37. Prerequisites to Private Property 'l'owing.
(1) Prior to the private property towing of any vehicle, the property owner of the
real property and the towing service shall have executed a written agreement
which shall at a minimum contain the following provisions:
~ (a) The legal name, physical address, and telephone number of the towing
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service and the property owner requesting the towing services;
~ (b) The property address and location and description of the parking lot or
spaces from which the vehicle(s) will be towed;
(c) 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 e:~pire two years from the date it was received
by the Longwood Police L>epartment;
(d) The time of day that such Mowing is authorized;
(e) The days of the week that such towing is authorized;
(f) Exceptions to the above, s~~.~ch as partial days, specific hours or certain
days or events;
~ (g) 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 22-40 of this chapter;
(h) The address and description of the location where the vehicle will be
towed or stored;
(i) The exact wording of each sign and a description of the location of
each sign on the property which shall conform to '713.78 and
715.07, Florida Statutes, a:nd this chapter; and
(j) The signature of both the Iroperty owner and the ownerof the towing
service or its authorized rc,presentative, certifying that each has read
~ and is in compliance with the provisions ofFlorida Statutes 713.78
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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.
(2) Prior to the private property towi~.ig of any vehicle, two executed agreements
described in paragraph (1) above>, and the City of Longwood occupational
license (once annually) shall be :Filed in person by the towing service or its
authorized representative at :Longwood Police Department Records
Department. Said agreements shall be non-transferable. If the ownership of
eiithe;r 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 Longwood Police Department prior to any private property towing from the
subject property. The towing service shall be responsible for advising the
Longwood Police Department wiithin two (2) business days of any changes,
amendments, or modifications to, or rescissions of, these agreements. Towing
services are prohibited from engaging in private property towing until the
towing service has filed a completed and executed agreement at Longwood
Police Department.
(3) It shall be unlawful for any towin€; service to tow or drop tow a vehicle located
within the City of Longwood unless the towing service has filed and has on
~ record at the Longwood Police Department a complete copy of the current
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rates charged for the towing and storage of vehicles. Rate sheets filed with the
Longwood Police Department must comply with the rates ,permitted by the
ordinance. The rate sheet, an~i occupational license, must be tiled at
Longwood Police Department arvnually by the towing service representative.
(4) It is prohibited for a person toy pay or accept money or other valuable
consideration for the privilege of towing or removing vehicles from a
particular location.
(5) Ax~iy 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:
~ (a) The notice must be prominently placed at each driveway access or curb
cut allowing vehicular acres 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, the signs must be posted not less than one sign for
each 25 feet of lot frontage.
(b) The notice must clearly indicate, in 2-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 ~l-inch high letters per Florida Statute. The
words "Strictly Enforced" must be included on the notice in 2-inch high
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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 1'/2-inch high
letters. The notice must also include in '/2-inch high letters the
following statement: Chapter 22, Longwood City Code and Sec.
715.07, Fla. Stat. The name and telephone number of the towing
service must also be included on the sign per Florida Statute. This
additional notice may be paaced adjacent to existing tow away signs.
(c) The signstructure 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 permanf;ntly installed with the words ``Tow-Away
Zone" not less than 3 feet rind not more than 6 feet above ground level
~ and must be continuously maintained on the property for not less than
24 hours prior to the towing or removal of any vehicles.
(d) This Section shall not apply to property appurtenant to and obviously
a part of asingle-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,
(6) The property owner shall keep signs clean of mildew and vegetation and in
good: repair.
~ (7) A business with 20 or fewer parking spaces may satisfy the notice
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requirements of this subparagraph by prominently displaying a sign stating
~ "IZes~erved Parking For Current Customers Only. Unauthorized Vehicles Will
Be Towed Away At The Owner's lExpense" and the words "Strictly Enforced"
in not less than 4-inch high, light-reflective letters on a contrasting
background.
(8) 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.
(9) 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 ~~rivate driveway, the owner, lessee, or agent
may have the vehicle removed b~~ a towing company upon signing an order
that the vehicle be removed without a posted tow-away zone sign. It is
prohiibited 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 L:PD or Code Enforcement.
(10) 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.
(11) Any towing service operating within the City of Longwood shall, within thirty
{30) minutes of the completion of any private property tow, notify the
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Longwood Police Department dispatch, of the towing; the address of the
~ storage site where the vehicle is st~~red; 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.
(12) 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.
(13) A tov~ring service shall allow the c?wners, agents, or other legally authorized
~ perso;n 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.
(14) Any vehicle towed from locations within the city must be stored in the city
limits of Longwood or in Seminole; County, Florida within a 10 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 of
Long~~vood under this Chapter and Chapter 10. It is a violation of this
subsection and prohibited for an e:~cisting towing service to change 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.
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(15) 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 irntnediately at the scene of the tow or at the
storage facility prior to payment. The vehicle owner or agent, shall be
perrn_itted to inspect the vehicle and the towing. service shall release to the
OWl1E;r or agent all personal property not affixed to the vehicle. The towing .
service representative is prohibited from charging a fee for such retrieval onto
refuse to allow retrieval of personal .property.
(16) Fach 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:
(a} 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- esco~~ted to a stored vehicle for the purpose
of retrieving the motor vehi~,le registration or other documentation that
proves ownership of the subject vehicle;
(b) The exact charges as of the time of the telephone call, and the rate at
~ which charges will accumulate thereafter;
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(c) 7Che acceptable methods of payment which shall include cash, money
~ order, or a valid major debit or credit card;
(d) That the vehicle can be pick~;d up within one hour of request.
(17) Upon payment of the authorized towing fee, the towing service shall release
the tc?wed vehicle upon request oi.'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.
(18) 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
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 22-40. Said receipt shall include at a
minimum:
(a) The date, time, and location of the tow;
(b) The total charges listed indi`~idually and specifically; and
(c) The date and time of payment of the charges.
(d) The name of the tow truck driver and towing service.
(e) The city ordinance number authorizing each charge.
(19) The 1;owing service shall prepare and maintain a tow data sheet which shall
include, at a minimum, but not be limited to, the following information:
(a) 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;
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(b) The location from which the vehicle was towed;
(c) Date and time the tow 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 number;
(f) The time and date the Longw~~od Police Department was contacted by the
towing .service and the LPD incident number assigned;
(g) The description of the servic:es rendered including an itemized list of all
charges;
(h) 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
(I) 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.
(20) All towing services shall keep all such tow data sheets and receipts on file for
a period of two (2) years from the date of the tow or drop tow and shall make
them available for inspection a.nd/or copying to any Longwood Police
Department law enforcement officer or code enforcement officer during
normal business hours. "
(21) No towing service shall tow a vehicle when either a natural person or a live
~ animal is occupying the vehicle.
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(22) 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 lbe required from any vehicle owner, or their agent, as a condition of
release of the vehicle to its owner..
(23) 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
toweci 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.
Sec. 22-3$. .E;xerm ptions.
This Article shall not apply to the towing c?f a vehicle which occurs:
(1) at the direction of a law enforcement officer.
(2) with the consent of the vehicle's owner or operator.; or
(3) if the vehicle is a government vehicle, law enforcement, firefighting, rescue squad,
ambulance, or other emergency vehicle, which is marked as such and on official
business; or
(4) at property owned by any governmental entity.
Sec.22-39. I?rop Tow - l~.eturn of ®wner ]Prior to Tow.
~ If the vehicle owner or other legally authorized person in control of the vehicle arrives
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at the scene prior tc? the removal or towing and sifter the vehicle is connected in any way to
the towing or removal apparatus, but before the tow truck has left the premises or parking
lot with the vehicle, this shall. constitute a "drop tow".
When a drop t:ow occurs:
(1) A towing service operating within the city limits shall charge not more than
one-half (''/z) of the tow rate for :;uch drop tow unless the person refuses to
remove the vehicle.
(2) The, tow truck operator shall wait a minimum of fifteen (15) minutes at the
locattion of the drop to allow the vehicle's owner or operator to secure cash
payment of the. fees enumerated herein at the location of the drop.
(3) Within fifteen minutes ofpayment for a drop tow, the tow truck operator shall
~ disconnect the vehicle from the tow truck. and return it to the owner or other
legaaly authorized person. The 'tow truck operator shall provide a written
receipt as required by section 22-~37(18).
(4) A person in the process of towing or removing a vehicle from the premises
or parking lot in which the vehicle is not lawfully parked must stop when a
person seeks the return of the vehicle.
Sec. 22-40. Establishment of Rates.
(1) The maximum rates for towing a vehic;~e or fur the storage of a towed vehicle when
the point of origin of the tow is within the city limits of Longwood shall be as
follows:
~ (a) Class A Vehicles:
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Towing of vehicles with a gross vehicle weight of up to and
~ including 10,000 pounds ..................................................$120.00
Maximum daily storage (after 24 hours) 20.00
(b) Class B Vehicles:
Towing of vehicles with a gross vehicle weight of more than
10,000 pounds and up to and including 19;500 pounds 200.00
maximum daily storage (after 24 ihours) 30.00
(c) Class C Vehicles:
Towimg of vehicles with a gross vehicle weight of more than
19,500 and up to and including 51),000 pounds (which are
upright and in a towable condition) 300.00
~ Maxiimum daily storage (after 24 hours) 60.00
(d) Class D Vehicles:
Towing of vehicles with a gross vehicle weight of more than
50,000 pounds 400.00
Maximum daily storage (after 24 hours) 60.00
(2) The maximum rates established in paragraph (1) above shall be a flat fee which
shall be all inclusive and towing service companies are prohibited from imposing
any othet• or additional charges such ass, but not limited to:
(a) Any fees for special equipment or services such as double hook up, vehicle
entry when locked, dropping transmission linkage, axle or drive shaft removal,
~ dollies, trailer or flat bed, lifts, slim jims; go jacks, removing bumpers, airing
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up brakes, mileage, fuel charge, tarp charges, or for copying the vehicle
registration or other documents; or
(b) Time spent at the scene of the tow; or
(c) Gate fees, and fees for returning ~~:o the location where the vehicle is stored in
order to release the vehicle; or
(d) Storage for the first twenty four (~'.4) hours from the time the vehicle is towed;
or
(e) An additional fee for the towing c>f a tractor trailer, which shall be considered
the tow of "one" vehicle; or
(f) An additional fee for the towin€; of motor vehicles carrying other vehicles
(boats, cars, trucks, aircraft, tractors, heavy equipment, ATVs, and
motorcycles that are securely attached, which shall be considered part of that
vehicle's load.
Tow service companies are prohibited from charging fees ofwhatever kind for services
rendered during th.e first twenty-four (24) hours that the vehicle is in the possession of the
towing service, beginning from the time the vehicle is delivered to the storage facility other
than the fees set forth in Section 22-40. Storage fees as set. forth above may be assessed after
the initial twenty-i-our (24) hour period based o~n twenty-four (24) hour increments and not
on calendar days. An administrative fee of fifty dollars ($50.00) may be charged after the
first forty-eight (48) hours so long as the towing service has actually complied with the
requirements ofFlorida Statutes X713.78, including execution and mailing ofthe lien notice.
~ (3) The towing rates and any fees set forth above in subsections (1) and (2) shall be
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prominently posted and clearly legible in not less than two inch high letters on
contrasting background at the point of payment at the storage site. Such notice
shall be visible to the person picking up the vehicle from the place where payment
is tendered. The towing service must also prominently post a clearly legible notice
at the point of payment at the storage site in not less than '/2-inch high letters in
contrasting background, the following statement: "Towing is regulated by Chapter
22, Longwood City Code, and Sec. 715.07, Fla. Stat., copies of which are available
by the towing service at this location upon request." A towing service company is
prohibited from engaging in private pr~~pertytowing within the City ofLongwood
unless the: above notices are prominently posted,. and clearly legible, at the point of
payment at the storage site.
Sec. 22-44. Violations; Presumption; Jurisdiction.
if a towing service, its owner, operator, driver, or representative, is found guilty in a
court of law of any violation of this towing ordinance, regardless of adjudication, or. found
by the City's Code Enforcement Board to be in violation of a total of three or more
provisions of this towing ordinance (including; repeat violations of the same provision),
within a two year period or less of the first finding of violation, it shall constitute a
presumption that th.e towing service's operation within the City ofLongwood is contrary to
public policy and/or the welfare of the City. Such determination may be the basis for the City
of
Longwood to revoke the towing services occupational license. Any towing service owner
or operator whose occupational license has been revoked shall not be eligible to receive an
l occupational licen;;e for towing for a minimum period of one year from the date of the
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revocation of license. It shall be unlawful for ari existing towing service to change the name
~ of the business or c:orporate entity to obtain a ne:w or additional occupational license for the
purpose of circumventing the intent of this section. Any such determination by the Chief of
Police, or designee or the Code Enforcement Board, shall constitute a violation of this
section. Appeal of the revocation of license m~~y be made in writing to the Longwood City
Commission within thirty (30) days of revocation.
Sec. 22-42. IvZisrepresentation or Fa[sifj~ing Taw documents.
It is unlawful. for any person or towing s~,rvice to misrepresent, misstate, or provide
false information on any documentation required by this chapter, including the tow data
sheet, consumer guideline form, receipt, or bill issued pursuant to this chapter or rates for
towing, drop tows., or storage of vehicles.
Sec. 22-43. Pro?~ibited Tows From Public Property.
It is unlawful for a towing service operator to tow a vehicle from public property unless
by written agreement with the City of Longwood, by order of a law enforcement officer, or
with the consent ofthe vehicle owner or agent. The towing service shall bear the burden of
proof of such agreement, order, or consent.
Sec. 22-44. lDen alties.
Each violation of this Chapter, except §§2:Z-40 (which unilaterally shall constitute one
offense) shall constitute a separate offense. Each offense shall be considered a second
degree misdemeanor punishable as provided in Section 775.082, Florida Statutes. Any fine
not paid within thirty (30) days shall constitute cause for suspension of the towing service
~ license to tow vehicles in the City ofLongwood until said fine is paid. Nothing in this section
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shall be construed to prohibit the City of Long`vood from enforcing this Chapter by other
means including, but not limited to code citations pursuant to 162 Florida Statutes, as
amended.
Sec. 22-45. Isstne, Reissue, Transfer, Revocation of License; Fight of Appea9
(l) The Chief of Police or designee may refuse to issue or reissue or transfer the
occupational license for a towing :service as provided for in this Section when
the issue, reissue, or transfer of thr. license would be contrary to public policy
or the welfare of the City.
(2} Upori the written request of the Chief of Police or Code Enforcement, the
Code Enforcement may schedule a hearing and send a copy to the towing
service owner or operator and written notice of hearing by certified mail,
retunl receipt requested, or by hand delivery to the owner of the towing service
at the; last known address. If an attempt to reach the owner by hand delivery
or certified mail is unsuccessful., notice of the hearing may be made by
publication as provided in Chapter 49, Florida Statutes, as amended. Notice,
whetlher by certified mail, hand delivery, or publication, must be provided at
least three (3) business days prior to the scheduled hearing before the Code
Enforcement Board. The Code l~nforcement Board shall conduct a public
hearing regarding the refusal to Tissue, reissue, or transfer the occupational
license and may receive and consider any evidence, including evidence of
general reputation of the towing service operation or person(s) operating such
service which is the subject of the hearing. A11 testimony at the hearing shall
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be under oath. The Code Enforcerent Board shall not be bound by the formal
rules of evidence and may consider hearsay testimony; however the Code
Enforcement Board shall act to ensure fundamental due process in its hearing
proc~;ss. The towing service owner shall have the opportunity to appear before
the Code Enforcement Board, in person and/or through legal counsel, to offer
evid€;nce. At the conclusion of the hearing,. based on the evidence received,
the Code Enforcement Board may find and declare, .based upon the
preponderance of evidence that the towing service owner or operator(s) have
violated the towing ordinance or the applicable sections of Chapter 713.78 and
715.07 ,Florida Statutes, and that the violation(s) is contrary to the interest of
the public health, safety, or welfare. If the Code Enforcement Board. makes
~ one or more of the above finding., the Code Enforcement Board may refuse
to is:cue or reissue or transfer the occupational license of the towing service.
The Code Enforcement Board m,ay continue the hearing in order to receive
additional evidence, testimony, or~ for a~iy other reason the Code Enforcement
Board deems appropriate before rriaking its decision. Ifthe Code Enforcement
Board does not find that the viol,~tions have been proven, it shall direct the
Office of Licensing Clerk to issue, reissue, or transfer the license. The Code
Enforcement Board shall have the, power to adopt rules for the administration
and conduct of its hearings which are consistent with this section and the rules
of procedure adopted for Code E~.lforcement proceedings
~ (3) In each case of such refusal by Lhe City of Longwood to issue, reissue, or
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transfer such license, the applicant therefor shall Have the right to appeal such
~ reftisal to the City Commission b~~ filing with the City of Longwood a notice
of appeal within thirty (30) days after such refusal. The City Commission, not
later than the second regularly scheduled City Commission meeting following
receipt of the notice of appeal, shall hold apublic hearing to determine if such
refusal to issue,. reissue, or transfer a license under this Section is in the public
interest. Notice of the hearing shall be given to the license applicant, which
notice shall fix a date for the hearing giving the license applicant an
opportunity to be heard on the denial of the issue, reissue, or transfer of the
license by the City of Longwood. Such notice shall be given in writing by
Code: Enforcement, at least five (S) days before the date of such hearing,
unless such notice is waived b tl?e license a licant. The Ci Commission
Y Pp tY
after hearing from the parties, by majority vote, shall either sustain the position
of the Code Enforcement Board and deny the requested license or transfer, or
order the City of Longwood to direct the City of Longwood to issue, reissue,
or transfer the license. The City Commission shall make its decision based
upon whether the Code Enforceme:nt Board had sufficient reliable evidence to
sustain the decision. No new evidence may be presented during the appeal.
Such issuance, reissuance, or transfer of occupational license approved by the
City Commission will be made only after payment to the City of the
apprc?priate license or transfer fee.
~ (4) The City Commission shall have the right and authority to revoke any
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occupational license as referred t:o in this Section and issued to any person,
~ whenever it is made to appear that the business method or operation or work
to be conducted or carried on by t:he licensee is being conducted or carried on
through unfair, fraudulent, or illegal methods to the detriment or damage ofthe
public health, safety or welfare, or to customers or patrons of such licensee.
Unfair or fraudulent methods are defined as including, but shall not be limited
to, tultrue or misleading advertising of products or services offered.
(5) An aggrieved party may appeal a final order to a court of competent
jurisdiction in the Eighteenth Judicial Circuit in and for Seminole County,
Florida. Such an appeal shall not be a hearing de novo, but shall be limited to
appe late review of the record cre~ited prior to such appeal. An appeal shall be
filed within 30 days of the date oi.'the written order to be appealed.
SEC'I'I®1®1 THIZEE: If any section, subsection, sentence, clause, phrase, or
portion of this ordinance is for any reason held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall. be deemed a separate, distinct, and
independent provision and such holding shall .not affect the validity of the remaining
portion hereto.
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SECTION FOUR This ordinance shal (take effect sixty (60) days after adoption.
FIRST READING this ~~day of ~ , A.D. 2006.
(Yl~-
SECOND READING this ~ day of A.D. 2006.
FINAL READING AND ADOPTION this day of C.~(,~r'C~ , A.D.
2006.
a ood G. Bundy, Ma.9
ATTES ( - '
`7 -
Sarah M. Mirus, City Clerk -
Approved as to form and legality for the use and reliance of the City of Longwood,
Florida only.
Richard S. Taylor, Jr., Ci torney
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