Ordinance 11-1978 ORDINANCE 1111 -11978
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA AMENDING
ARTICLE 111, CHAPTER 86 (TOWING OF VEHICLES) OF THE LONGWOOD
CITY CODE OF ORDINANCES IMPLEMENTING REGULATIONS FOR NON-
CONSENSUAL POLICE TOWING; PROVIDING FOR CONFLICTS,
CODIFICATION, SEVERABIILIITY 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;
WHEREAS, in 2006 the City of Longwood adopted Ordinance No. 05 -1782 to
establish maximum fees for towing services pursuant to Sections 125.0103 (c) and 166.043 (c),
Florida Statutes, and the definitions of non - consensual police towing and trespass tows
authorized by Section 715.07, Florida Statutes, was omitted;
WHEREAS, the City of Longwood has recently adopted the City of Longwood.
Wrecker Call Allocation System Agreement and the City Code must now reflect the
requirements of the document;
WHEREAS, the City of Longwood finds that implementation of the enforcement .
program set forth in 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 CITE.' COMMISSION OF THE
CITE' OF LONGWOOD, FLORIDA:
SECTION 1: The following portions of Longwood City Code Chapter 86 Towing of
Vehicles Article III shall be amended as follows:
Sec. 56 -111. - 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:
Agent means a person legally authorized to be in control of the vehicle or to act on behalf of the
owner which agency may be evidenced by notarized documentation.
Bona -fide extra labor time means when special circumstances have arisen, the amount of time
that is reasonably needed above and beyond the initial 30 minutes at the scene to safely effect the
removal of a vehicle or its load from the scene of an accident or other incident requiring g tow.
All special circumstances must be approved by the officer on the scene. No travel time shall be
included.
Bona waiting time means the actual time at the site of the vehicle to be towed consistent
with the directions received to arrive at the scene and during which time the presence of the
towing service has been requested but due to circumstances beyond the control of the towing
service work cannot diligently commence to the vehicle. No travel time shall be included.
City as used herein shall refer to the city limits of the City of Longwood.
Connected in reference to a vehicle means the vehicle is secured and strapped sufficiently to
another vehicle for towing.
Drop tow means an instance 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.
Gross vehicle weight (GVI9 means the weight of a vehicle as specified by the vehicle's
manufacturer.
Non - consensual police towing means the removal and storage of wrecked or disabled vehicles
from a crash scene or the removal and storage of vehicles 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, excepting,
however, all incidents of trespass /private property �n� as herein below defined.
Private propef tewhT means towing or- removal of a vehiele, that is pai--ked on private r
pfepeAy, without the eansent of ' .
Property owner means 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.
Storage site means all sites to which vehicles towed from within the city limits of Longwood will
be stored.
Tow means 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.
Towing service shall include any person, company, corporation, or other entity whether licensed
or not, who engages in or who owns or operates a business which engages, in whole or in part, in
the towing of vehicles for compensation from private property 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.
Trespass /Private property towing means towing or removal of a vehicle, that is parked on private
real property, without the consent of the vehicle's owner or operator.
Vehicle means any mobile item which normally uses wheels whether motorized or not.
See.- -22--36-. Sec. 86 -1112 Legislative intent, towing of vehicles for compensation, and
occupational license anal /or /business tax receint requirement.
(a) 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.
(b) Any person engaged in the business of towing or removing of vehicles shall comply with all
the requirements and standards imposed by F.S. § §713:75 and 715.07.
(c) Every person, company, corporation, or other entity that owns or operates a service tha
engages in towing or removing vehicles for profit within the City of Longwood must obtain art
occupational license and/or business tax receipt issued by the City *of Longwood consistent with
the provisions of chapter 82 of the Longwood City Code.
(d) A determination by the city's permitting authority that a towing operator or company is
subject to the City of Longwood's occupational license tax and /or business tax receipt based
upon one or more factor(s) in chapter 82 is deemed sufficient local incidents and is prima facie
evidence that such company, person, or operator is liable for a license certificate.
Sec. 86 -113. - Non - consensual police towing.
Non - consensual police towing will be governed by the current City of Longwood wrecke
call allocation system agreement on file with the City Clerk's office. Maximum rates for towing
and/or storage of a vehicle when the point of origin of the tow is within the City of Longwood
shall be as set out in Appendix B unless otherwise stated in the current City of Longwood
wrecker call allocations st�greenlent.
Sec. 86443 86 -114 - Prerequisites to trespass /private property towing.
(a) Prior to the trespass /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
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 864 -1-E 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 agreements
described in subsection (a) above, and the City of Longwood occupational license and/or
business tax receipt (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 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 Longwood Police Department prior to any trespass /private property towing from the
subject property. The towing service shall be responsible for advising the Longwood 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 Longwood Police Department.
(c) It shall be unlawful for any towing 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 rates charged for the towing and storage of vehicles..
Rate sheets filed with this Longwood 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 Longwood 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 from either the public right -of -way or adjoining private:
property, and within five 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.
(2) The notice must clearly indicate, in two -inch high, light - reflective letters on a
contrasting background, that unauthorized vehicles will be towed away at the owner';
expense. The words "Tow -Away Zone" must be included on the notice in four -inch high
letters per Florida Statute. The words "S"trictly .Enforced" must be included on the notice in
two -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 1' /2 -inch high letters. The notice mus
also include in %z -inch high letters the following statement: Chapter 86, article III„
Longwood City Code and F.S. § 715.07. The name and telephone number of the towing,
service 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 less than three feet and not more than six:
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.
(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 than four -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.
(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.
0) 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.
(1) 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 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 Longwood 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 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:
(l) 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 charge,
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,
written receipt with the company name for all charges imposed and all payments received frorn
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 86 116 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 a period of
twos 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 norinal 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.
(O Ne. o55- 782, § 2 3 6 2006)
Sec. 86 -115 — ]Exemptions for trespass /private promo twin
This article shall not apply to the towing of 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. 86 -116 - Drop tour, return of owner prior to tow.
If the vehicle owner or other legally authorized person in control of the vehicle arrives at the
scene prior to the removal or towing and after 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 tow occurs:
(1) A towing service operating within the city limits shall charge not more than one -half
of the tow rate for such drop tow unless the person refuses to remove the vehicle.
(2) The tow truck operator shall wait a minimum of 15 minutes at the location 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 15 minutes of payment for a drop tow, the tow truck operator shall disconnect
the vehicle from the tow truck and return it to the owner or other legally authorized person.
The tow truck operator shall provide a written receipt as required by section 86- 113(r).
(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.
T
Sec. 6 86 -117 - Establishment of towing rates.
(a) The maximum rates for towing a vehicle or for the storage of a towed vehicle when the
point of origin of the tow is within the city limits of Longwood shall be as set out in appendix B.
(b) The towing rates and any fees set out in appendix B shall be 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 1 /2-inch high letters in contrasting
background, the following statement: "Towing is regulated by Chapter 86, Article III, 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
trespass /private property towing and/or non- consensual police towing within the City of
Longwood unless the above notices are prominently posted, and clearly legible, at the point of
payment at the storage site.
> § 2,
Sec. 96-M 86 -118 - 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 article
(including repeat violations of the saine provision), within a two -year period or less of the first
finding of violation, it shall constitute a presumption that the towing service's operation within
the City of Longwood 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 and /or business tax receipt Any towing service owner or operator whose
occupational license and/or business tax receipt has been revoked shall not be eligible to receive
an occupational license and /or business tax receipt for towing for a minimum period of one year
from the date of the revocation of license and/or business tax receipt It shall be unlawful for an
existing towing service to change the name of the business 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. 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
and/or business tax receipt may be made in writing to the Longwood City Cominission within 30
days of revocation.
(O Tom. 0 1782, § 2, 3 6 -2006)
See. 86418 86- 119 - Misrepresentation or falsifying tow documents.
It is unlawful for any person or towing service 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.
See. 86449 86 -120 - Prohibited 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 of the vehicle owner or agent. The towing service shall bear the burden of proof of such
agreement, order, or consent.
> § 2,
Sec. 86424 86 -121 - Penalties.
Each violation of this article, except section 86 116 86 -117 (which unilaterally shall constitute
one offense) shall constitute a separate offense. Each offense shall be considered a second degree
misdemeanor punishable as provided in F.S. § 775.082. Any fine not paid within 30 days shall
constitute cause for suspension of the towing service license to tow vehicles in the City of
Longwood until said fine is paid. Nothing in this section shall be construed to prohibit the City of
Longwood from enforcing this article by other means including, but not limited to code citations
pursuant to F.S. ch. 162, as amended and/or pursuant to the current City of Longwood wrecker
call allocation system agreement
> § 2,
Sec. 96 86 -122 - Issuance, reissuance, transfer, revocation of license; right of appeal.
(a) The chief of police or designee may refuse to issue or reissue or transfer the occupational
license and/or business tax receipt for a towing service as provided for in this section when the
issue, reissue, or transfer of the license would be contrary to public policy or the welfare of the
city.
(b) Upon 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, return 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
F.S. ch. 49, as amended. Notice, whether by certified mail, hand delivery, or publication, must be
provided at least three business days prior to the scheduled hearing before the code enforcement
board. The code enforcement board shall conduct a public hearing regarding the refusal to issue.,
reissue, or transfer the occupational license and/or business tax receipt 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. All testimony at the-
hearing shall be under oath. The code enforcement board shall not be bound by the formal rule,
of evidence and may consider hearsay testimony; however the code enforcement board shall acs:
to ensure fundamental due process in its hearing process. The towing service owner shall have
the opportunity to appear before the code enforcement board, in person and/or through legal.
counsel, to offer evidence. 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 F.S. §§ 713.78 and 715.07,, 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
findings, the code enforcement board may refuse to issue or reissue or transfer the occupational.
license and/or business tax receipt of the towing service. The code enforcement board may
continue the hearing in order to receive additional evidence, testimony, or for any other reasor .
the code enforcement board deems appropriate before making its decision. If the code:
enforcement board does not find that the violations 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 enforcement proceedings.
(c) In each case of such refusal by the City of Longwood to issue, reissue, or transfer such.
license, the applicant therefor shall have the right to appeal such refusal to the city commission
by filing with the City of Longwood a notice of appeal within 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 a public 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 days before the date of such hearing, unless such notice is waived by the license applicant.
The city commission 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 enforcement 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 and /or business tax receipt
approved by the city commission will be made only after payment to the city of the appropriate
license or transfer fee.
(d) The city commission shall have the right and authority to revoke any occupational license
and/or business tax receipt as referred to 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
the licensee is being conducted or carried on through unfair, fraudulent, or illegal methods to the
detriment or damage of the 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,
untrue or misleading advertising of products or services offered.
(e) 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 appellate review of the record created prior to such
appeal. An appeal shall be filed within 30 days of the date of the written order to be appealed.
SECTION 2: The following portions of Longwood City Code Chapter 86 Traffic Light
Safety Act Article IV shall be amended as follows:
Sec. 86 122 86 -123 - Intent.
Sec. 86 123 86 -124 - Use of image capture technologies.
See. 86- 124 - Definitions.
Sec. 86 125 86 -126 - Adherence to red light traffic control signals.
Sec. 86 126 86 -127 - Violation.
See. 86 127 86 -128 - Thirty -day notice; introductory period.
Sec. 86 128 86 -129 - Review of recorded images.
Sec. 86-129 86 -130 - Notice of violation/infraction.
Sec. 96 130 86 -131, - Vehicle owner responsibilities.
Sec. 86 131 - Appeal to hearing officer /code enforcement board.
Sea 86-132 86 -133 - Vehicle owner affidavit of non- responsibility.
Sec. 86 133 86 -134 - Penalties.
Sec. 96-1 4 86 -135 - Administrative charges.
Sec. 86 135 86 -136 - Collection of fines.
Sec. 86 136 86 -137 - Exceptions.
SECTION 3. The following portions of Longwood City Code Appendix B Ch. 86
Traffic and Motor Vehicles shall be amended as follows.:
CHAPTER 86. TRAFFIC AND MOTOR VEHICLES
Section 86 -33 Delinquent fee for parking 12.00
violations, per violation
Cost for notification of 10.00
delinquency
Process charge per summons 15.00
Section 86 -117
(a) The maximum rates for trespass /private property towing of a vehicle or for the storage of a
vehicle towed "ale from private property when the point of origin of the tow is within the city
limits of Longwood shall be as follows:
(1) Class A vehicles:
Towing of vehicles with a gross vehicle weight of up to and including 1.0,000 pounds
$120.00
Maximum daily storage (after 24 hours) 20.00
(2) 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 hours) 30.00
(3) Class C vehicles:
Towing of vehicles with a gross vehicle weight of more than 19,500 and up to and
including 50,000 pounds (which are upright and in a towable condition) 300.00
Maximum daily storage (after 24 hours) 60.00
(4) 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
(b) The maximum rates established in subsection (a) above shall be a flat fee which shall be all
inclusive and towing service companies are prohibited from imposing any other or additional
charges such as, but not limited to:
(1) Any fees for special equipment or services such as double hook up, vehicle entry wher.t
locked, dropping transmission linkage, axle or drive shaft removal, dollies, trailer or flay:
bed, lifts, slim jims, go jacks, removing bumpers, airing up brakes, mileage, fuel charge, or
for copying the vehicle registration or other documents; or
(2) Time spent at the scene of the tow; or
(3) Gate fees, and fees for returning to the location where the vehicle is stored in order to
release the vehicle; or
(4) Storage for the first 24 hours from the time the vehicle is towed; or
(5) An additional fee for the towing of a tractor trailer, which shall be considered the tow
of "one" vehicle; or
(6) An additional fee for the towing of motor vehicles carrying other vehicles (boats, cars,
trucks, aircraft, tractors, heavy equipment, ATV's, and motorcycles that are securely
attached, which shall be considered part of that vehicle's load.
(c) Tow service companies are prohibited from charging fees of whatever kind for services
rendered during the first 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 this section. Storage fees as set forth above may be assessed after the initial 24 -hour
period based on 24 -hour increments and not on calendar days. An administrative fee of $50.00
may be charged after the first 48 hours so long as the towing service has actually complied with
the requirements of F.S. §713.78, including execution and mailing of the lien notice. Further, a
"tarpaulin 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.
(d) The maximum rates for non - consensual police towing of a vehicle or for the storage of a
vehicle towed from private property when the point of origin of the tow is within the city limits
of Longwood shall be as follows:
(1) Class A vehicles:
Towing of vehicles with a gross vehicle weight of up to and including 10,000 pounds
$120.00
Maximum daily erge (after 6 hours) 20.00
Non - consensual police towing, per mile over initial ten miles, per full extra mile 3.00
Non - consensual police towing, bona -fide waiting /extra labor time beyond initial 30
minutes at scene, per full extra 15 minute block 15.00
(2) 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 6 hours ) 30.00
Non - consensual police towing, per mile over initial ten miles, per full extra mile 3.00
Non - consensual police towing, bona -fide waiting /extra labor time beyond initial 30
minutes at scene, per full extra 15 minute block 15.00
(3) Class C vehicles:
Towing of vehicles with a gross vehicle weight of more than 19,500 and up to and
including 50,000 pounds which are upright and in a towable condition 3
Maximum dail serge (after 6 hours) 60.00
Non- consensual police towing, per mile over initial ten miles, per full extra mile 3.00
Non- consensual police towing, bona -fide waiting /extra labor time beyond initial 30
minutes at scene, per full extra 15 minute block 15.00
(4) Class D vehicles:
Towing of vehicles with a gross vehicle weight of more than 50,000 pounds 400.00
Maximum dail storage torage (after 6 hours, 6� 0_00
Non- consensual police towing, per mile over initial ten miles, per full extra mile 3.00
Non- consensual police towing, bona -fide waiting /extra labor time beyond initial 30
minutes at scene, per full extra 15 minute block 15.00
(e) The maximum rates established in subsection (d) above shall be a flat fee which shall be all
inclusive excepting per mile charges over initial ten miles and bona -fide waiting /extra labor time
charges beyond initial 30 minutes at scene. Towing service companies are prohibited from
imposing any other or additional charges such as but not limited to:
(1) 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 up brakes fuel charge or for
copying the vehicle registration or other documents; or
(2) Gate fees and fees for returning to the location where the vehicle is stored in order to
release the vehicle; or
(3) Storage for the first 6 hours from the time the vehicle is towed; or
(4) An additional fee for the towing of a tractor trailer, which shall be considered the tow
of "one" vehicle; or
(5) An additional fee for the towing of motor vehicles carrying other vehicles (boats, cars,
trucks aircraft tractors heavy equipment ATV's and motorcycles that are securely
attached which shall be considered part of that vehicle's load.
f) Tow service companies are prohibited from charging fees of whatever kind for services
r
rendered during the first 6 hours that the vehicle is in the possession of the towing service,
be. ig nning from the time the vehicle is delivered to the storage facility other than the f ees s'et
forth in this section Storage fees as set forth above may, be assessed after the initial 6 -hour
period based on 24 -hour increments and not on calendar days. An administrative fee of $50.00
may be charged after the first 48 hours so long as the towing service has actually complied with
the requirements of F S §713.79, including execution and mailing of the lien notice. Further, a
"tarpaulin 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._
SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, or portion
of this Ordinance, or application hereof, is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion or application shall be deemed a separate, distinct, .
and independent provision of such holding shall not affect the validity of the remaining portions
thereof to the extent practicable.
SECTION 5. Conflicts and Repealer. To the extent this Ordinance and related
Resolution No. 11 -1296, or any provisions thereof, conflict with any previously enacted
Ordinances of the City of Longwood, Florida, this ordinance and related Resolution No. 11 -1296
shall control to the extent any such conflict exists. Appendix B as referenced by and
incorporated into Chapter 86, Article III, Longwood City Code as revised from time to time,
including by Resolution No. 11 -1296 is hereby ratified.
SECTION 6. Codification. Sections 1 through 3 of this Ordinance shall be codified as a
part of the Code of Ordinances of the City of Longwood, Florida, such provisions may be
renumbered or re- lettered to accomplish such intention, and the word "Ordinance ", or similar
words, may be changed to "Section," "Article," or other appropriate word. The City Clerk is
granted liberal authority to codify the provisions of this Ordinance as contemplated herein.
SECTION 7. Effective Date. This Ordinance shall take effect upon adoption.
FIRST READING: ��" l7. - L ol l
SECOND READING AND ADOPTION on this 14ay of 1Y�1�'+'1 2011.
CITY COMMISSION
CITY OF L0NGWOOD, FLORIDA
.]i eP
ATE '?
Sarah M. Maras, NIMC, NMA, City Clerk
Approved as to form and legality for the use and reliance of the City of Longwood, Florida only.
Dam W. Lan ey,,��i rn'�y