§ 44-70. Additional requirements.

(a)

No business enterprise issued a permit under this article shall do any of the following:

(1)

Recover, tow, remove or store a vehicle except upon the express instruction and written authorization demonstrating a signature of the property owner or agent to the business enterprise requesting the tow or removal. Such agent shall not be an officer or employee of the business enterprise. No such instruction shall be considered to have been given by the mere posting of the notice as required herein. No such instruction shall be considered to have been given by virtue of the mere terms of any contract or agreement between a business enterprise and a property owner. No such instruction shall be considered to have been given where the instruction occurs in advance of the actual unauthorized parking of the vehicle. No such instruction shall be considered to have been given where the instruction is general in nature and unrelated to specific, individual and identifiable vehicles which are already parked without authorization.

(2)

Tow or remove a vehicle where there is a natural person occupying the vehicle.

(3)

Recover, tow, remove or store a vehicle unless the business enterprise shall maintain trip records relating to the previous calendar year. The trip records must indicate at a minimum:

a.

The name of the business enterprise.

b.

The date and time of the day in hours and minutes when a specific vehicle was recovered, towed, removed and stored.

c.

The make, model, color, vehicle identification number, and license plate number of the specific vehicles.

d.

The precise address or description of the location from which the specific vehicle was removed.

e.

The full name of the property owner or designated representative who expressly instructed the removal of the specific vehicle.

f.

The name of the law enforcement department to whom notification of the towing or removal of the vehicle was given.

(4)

Recover, tow, remove or store a vehicle unless the vehicle shall be towed directly to the business enterprise's storage site and the vehicle shall not be kept in any temporary holding area.

(5)

Tow or remove any vehicle without the consent of the registered owner to a site outside a ten-mile radius of the point of removal; or recover, tow, remove or store a vehicle unless the business enterprise shall assist the registered owner in obtaining any identification and documentation of ownership as well as any personal effects, medical materials and perishable goods contained within the stored vehicle that the registered owner has requested.

(6)

Recover, tow, remove or store a vehicle unless the business enterprise shall file, and keep on record with the chief, a complete photocopy of any and all fully executed contracts, agreements or other authorizations, by and between the business enterprise, and any property owners for the removing of vehicles from the property owner's property.

(7)

Recover, tow, remove or store a vehicle unless the business enterprise's tow trucks or other vehicles, or equipment used in towing, and storage sites used in connection with towing operations, shall have been inspected by the police chief or his designee for any violations of state, county or city laws, ordinances or regulations.

(8)

Use physical force or violence, or threat of physical force or violence, in dealing with persons who are responsible for administering this article or persons who have had or are about to have their vehicles recovered, towed, removed or stored.

(9)

Misrepresent or make any false statement in the conduct of the business enterprise.

(10)

Fail to maintain insurance as required by this article.

(11)

Fail to satisfy a judgment arising out of the business enterprise prior to a permit renewal, unless a stay of denial is procured during the pendency of a court appeal.

(12)

Violate any of the provisions of this article, or rules and regulations promulgated thereunder, or F.S. ch. 715.

(b)

In conjunction with the issuance of the permit, and for good cause, a fee may be set by a resolution of the city council to require that each licensed towing company truck operated within the city be inspected by the police to ensure that it is a safe vehicle and in compliance with all insurance regulations and all legal requirements. This subsection is added for the protection of the city, and also may be utilized to defray the cost in carrying out the intent and operation of the article. The city manager has the power to suspend or reject the use of any towing vehicle deemed unsafe or not up to standard by the police chief.

(Ord. No. 2008-14, § 2, 10-8-2008)