§ 44-64. Vehicles parked on private property; towing.

(a)

Except as provided in subsection (a)(5) of this section, a property owner may cause any vehicle parked on his property without his permission to be removed by a business enterprise without liability for the costs of removal, transportation or storage or damages caused by such removal, transportation or storage, under any of the following circumstances:

(1)

When the property is appurtenant to and obviously a part of a single-family residence property;

(2)

When the property is obviously not intended to be used for parking vehicles;

(3)

In the case of any other property, when notice is prominently posted on the property in compliance with F.S. § 715.07, as may be amended from time to time, or has been personally given to the owner or driver of the vehicle that the area in which such vehicle is parked is reserved or is otherwise unavailable for unauthorized vehicles;

(4)

When the vehicle has been parked in the same place without authorization for more than 48 hours; or

(5)

In order to preserve the quiet enjoyment of neighborhoods, an association may not remove a vehicle unless the vehicle is located in a common area and proper notice of removal has been provided or there is an immediate safety concern.

(b)

When any person causes a vehicle to be removed from property, he shall, upon request, immediately and without demanding compensation, inform the owner or lessor of such vehicle of the name and location of the business enterprise that has removed it. If the area from which the vehicle has been removed is unattended, the person causing the vehicle to be removed shall have prominent notice in such area of the name and location of the business enterprise that has removed the vehicle.

(c)

This section shall not apply to law enforcement, firefighting, rescue squad, ambulance or other emergency vehicles marked as such.

(d)

When a person improperly causes a vehicle to be removed, such person shall be liable to the owner or lessee of the vehicle for the cost of removal, transportation, storage, and any damages resulting from the removal, transportation or storage, and attorney fees.

(Ord. No. 2008-14, § 2, 10-8-2008)