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21-1584 Amending Fee Schedule Concerning Towing and Storage Charges RESOLUTION NO. 21-1584 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LONGWOOD, FLORIDA, AMENDING THE FEE SCHEDULE CONCERNING TOWING AND STORAGE CHARGES; PROVIDING FOR SEVERBILITY, CONFLICTS,AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Longwood has determined that amendments to the City Fee Schedule are desirable; WHEREAS, Sec. 2-423 of the Longwood City Code states that changes to the fee schedules will be accomplished by a resolution adopted by the City Commission; and NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Longwood, Florida as follows: SECTION I: The following portions of Longwood City Code Appendix B Ch. 86 Traffic and Motor Vehicles shall be amended as follows (words that are stricken-eut are deletions; words that are underlined are additions): Section 86-117 (a) The maximum rates for trespass/private property towing of a vehicle or for the storage of a vehicle towed vehicle 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 $125.00 Maximum daily storage (after 24 hours) $25.00 (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 $250.00 Maximum daily storage (after 24 hours) $50.00 (3) Class C vehicles: Towing of vehicles with a gross vehicle weight of more than 19,500 and up to and including 25,000 pounds (which are upright and in a towable condition) $375.00 Maximum daily storage (after 24 hours) $75.00 Resolution No.21-1584 Page 1 of 5 (4) Class D vehicles: Towing of vehicles with a gross vehicle weight of more than 25,000 pounds$500.00 Maximum daily storage (after 24 hours) $100.00 (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 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, mileage,fuel charge, tarp charges, 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 Resolution No.21-1584 Page 2 of 5 $42-5,00 $150.00 Maximum daily storage (after 6 hours) $25.00 30.00 Non-consensual police towing, per mile over initial ten miles, per full extra mile 3.00 $6.00 Non-consensual police towing, bona-fide waiting/extra labor time beyond initial 30 minutes at scene, per full extra 15 minute block$15.00 $25.00 (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$250.00 300.00 Maximum daily storage (after 6 hours) % . A 60.00 Non-consensual police towing, per mile over initial ten miles, per full extra mile S-4A0 $7.00 Non-consensual police towing, bona-fide waiting/extra labor time beyond initial 30 minutes at scene, per full extra 15 minute block$30.00 50.00 (3) Class C vehicles: Towing of vehicles with a gross vehicle weight of more than 19,500 and up to and including 25,000 pounds (which are upright and in a towable condition) $375-A0 450.00 Maximum daily storage (after 6 hours) $75.00 90.00 Non-consensual police towing, per mile over initial ten miles, per full extra mile$-5.00 $9.00 Non-consensual police towing, bona-fide waiting/extra labor time beyond initial 30 minutes at scene, per full extra 15 minute block$45.00 75.00 (4) Class D vehicles: Towing of vehicles with a gross vehicle weight of more than 25,000 pounds$500.00 600.00 Maximum daily storage (after 6 hours) $199 A0 120.00 Non-consensual police towing, per mile over initial e-n miles per f„ll extra mile $9.00 Non-consensual police towing, bona-fide waiting/extra labor time beyond initial 30 minutes at scene, per full extra 15 minute block $60700 100.00 Resolution No.21-1584 Page 3 of 5 (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, tarp charges, 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 24 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 rendered during the first 6 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 60.00 may be charged after the first 4g 24 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. SECTION II: Severability. To the extent that any portions or sections of this Resolution are determined to be invalid, ineffective, or void by a court of competent jurisdiction, the remaining portions of this Resolution, to the extent not otherwise dependent or reliant upon the invalid, ineffective, or void portions or sections of this Resolution, shall remain valid and effective. SECTION III: Conflicts. To the extent that any resolutions or policies conflict with this Resolution, this Resolution shall control. SECTION IV: Effective Date. This resolution shall become effective immediately upon adoption. Resolution No.21-1584 Page 4 of 5 PASSED BY THE CITY COMMISSION OF LONGWOOD, FLORIDA, IN REGULAR SESSION this 6th day of December.A.D. 2021. /7\011 Brian D.Sackett, M or ATTEST: - ichelle Longo, C, FC M, City Clerk Approved a o form and legality for the use and reliance of the City of Longwood, Florida only. G✓ � Daniel W. Lan le ity,?tor ey Resolution No.21-1584 Page 5 of 5