Item M3
N/4
BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe
Mayor David Rice, District 4
Mayor Pro Tem Craig Cates, District 1
The Florida Keys
Michelle Coldiron, District 2
Vacant, District 3
Holly Merrill Raschein, District 5
County Commission Meeting
April 20, 2022
Agenda Item Number: M.3
Agenda Item Summary #10427
BULK ITEM: No DEPARTMENT: BOCC District 4
TIME APPROXIMATE: STAFF CONTACT: Tamara Lamarche (305) 289-6000
None
AGENDA ITEM WORDING: Discussion and direction regarding potential updates to the
County's Nonconsensual Private Towing Services Ordinance.
ITEM BACKGROUND: In 2015, the County adopted an ordinance that regulates those tow
-The ordinance, which is codified at Section
25-nonconsensual private towing services \[as\] the immobilizing,
towing and/or storage of a vehicle or vessel, without the prior express consent of the owner or
custodian, by any person who is not acting pursuant to a contract with a unit of local, county,
state, or federal government. The ordinance establishes minimum standards and a fee schedule
for those tow companies that tow cars illegally parked on private property at the request of the
business. These are distinguished from law enforcement tows or consensual tows requested by
the vehicle owner.
Tow companies that conduct nonconsensual tows have requested that the Commission consider
increasing the current fees, which have remained the same since 2015. On January 11, 2022, the
Marathon rates and fees for non-consensual tows.
The attached analysis further highlight the issues raised by the tow companies, the potential
issues to be addressed, the rate structure as compared to the municipalities. If the Board believes
that the rates warrant increasing or other amendments to the ordinance are needed, staff requests
direction on what changes the Board would like to make. That direction would be incorporated
into a proposed ordinance for further consideration at a future public hearing.
The Board could expedite consideration of such an ordinance by directing staff to expend the
funds necessary to advertise a public hearing when directing staff to move forward with the draft
ordinance.
PREVIOUS RELEVANT BOCC ACTION:
06/10/2015 BOCC approved: Ordinance No. 013-2015 Additional Non-Consensual Towing
Services as Sec. 25-7
CONTRACT/AGREEMENT CHANGES:
n/a
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STAFF RECOMMENDATION:
DOCUMENTATION:
Workpaper: Tow Agenda Item Fiscal Analysis .PDF
Workpaper: Tow Agenda Item Fiscal Analysis .xls workbook
Ref. Doc: Monroe Nonconsensual Towing Services Tow Ordinance - MuniCodeSec 25-7
Ref. Doc:
Islamorada_Sec._50_100.___Regulation_of_wrecker_operators_who_provide_towing_and_storage_
services
Ref. Doc: Marathon 2022-05 Tow Resolution
Ref. Doc: Key West_Sec._70_706.___New_applications_Fees
Ref. Doc: Key
West_Sec._70_707.___Regulation_of_wrecker_operators_who_provide_towing_and_storage_servic
es
Ref. Doc: Key Colony
Beach_Sec._17_6.___Parking_restricted_on_right_of_way_in_Key_Colony_Beach_Subdivision
FINANCIAL IMPACT:
Effective Date: April 20, 2022
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: None
Current Year Portion: N/A
Budgeted: N/A
Source of Funds: N/A
CPI: No
Indirect Costs: No
Estimated Ongoing Costs Not Included in above dollar amounts: None.
Revenue Producing: No If yes, amount: N/A
Grant: No
County Match: No
Insurance Required: No
Additional Details: This is only a discussion item.
None
REVIEWED BY:
James Molenaar Skipped 04/01/2022 5:44 PM
Bob Shillinger Completed 04/01/2022 5:46 PM
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Tamara Lamarche Completed 04/04/2022 1:21 PM
David Rice Completed 04/04/2022 1:22 PM
James Molenaar Completed 04/04/2022 2:32 PM
Purchasing Skipped 03/29/2022 1:35 PM
Budget and Finance Skipped 03/29/2022 1:35 PM
Brian Bradley Completed 04/04/2022 2:37 PM
Lindsey Ballard Completed 04/04/2022 4:28 PM
Board of County Commissioners Pending 04/20/2022 9:00 AM
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Nonconsensual Towing Services Rate Comparison (April 2022)
NOTE: This analysis is based only on the documented rates in
the respective code/resolution, not on actual practice.
Created by: James D. Molenaar, Asst. Co. Atty.
Monroe County Mun. Code Sec 25-7 (2015) vs. City of Marathon Resolution 2022-05 (Jan. 2022)
Description of Tow ServicesMonroeMarathonVariancePercent
Description20152022
Wrecker Category Class A: mopeds, motorcycles, cars and vehicles <10,000 lbs.
Per Mile$3.00$4.00$1.0025%
Base Rate (anytime a wrecker is called to a site)$135.00$200.00$65.0033%
Per hour charge beginning upon arrival of wrecker$200.00$200.00
Inside storage | Per Day$40.00$50.00$10.0020%
Outside storage/ 20 feet| Per Day$30.00$40.00$10.0025%
Storage/Greater than 20 feet| Per foot$2.00$3.00$1.0033%
Administration Fee$25.00$50.00$25.0050%
Notification Fee$50.00$75.00$25.0033%
Notification Fee/Each Additional Letter$20.00$25.00$5.0020%
Service Calls$100.00$100.00
After Hours Gate Fee$75.00$200.00$125.0063%
Return of moped, electric car - speed limit< 35 mph | Base Rate$50.00($50.00)
Return of moped, electric car - speed limit< 35 mph | Per Mile (1way)$3.00($3.00)
Wrecker Category Class B: vehicles weighing 10,001 - 20,000 lbs.
Per Mile$4.00$5.00$1.0020%
labor rate for extraordinary effort or multiple trucks required | Per Hr.$135.00($135.00)
Base Rate (anytime a wrecker is called to a site)$200.00$300.00$100.0033%
Per hour charge beginning upon arrival of wrecker$300.00$300.00100%
Inside storage | Per Day$40.00$50.00$10.0020%
Outside storage/ 20 feet| Per Day
$30.00$40.00$10.0025%
Outside storage/Greater than 20 feet| Per foot$2.00$3.00$1.0033%
Administration Fee$25.00$50.00$25.0050%
Notification Fee$50.00$75.00$25.0033%
Notification Fee/Each Additional Letter$20.00$25.00$5.0020%
Service Calls$100.00$100.00
After Hours Gate Fee$200.00$200.00
Wrecker Category Class C: Vehicles < 20,000 lbs.
Per Mile$5.00$6.00$1.0017%
labor rate for extraordinary effort or multiple trucks required | Per Hour$135.00($135.00)
Base Rate (anytime a wrecker is called to a site)$485.00$600.00$115.0019%
Per hour charge beginning upon arrival of wrecker$600.00$600.00
Inside storage | Per Day$40.00$50.00$10.0020%
Outside storage/ 20 feet| Per Day$30.00$40.00$10.0025%
Outside storage/Greater than 20 feet| Per foot$2.00$3.00$1.0033%
Administration Fee$25.00$25.00$0.000%
Notification Fee$50.00$75.00$25.0033%
Notification Fee/Each Additional Letter$20.00$25.00$5.0020%
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Service Calls$100.00$100.00
After Hours Gate Fee$200.00$200.00
Class A Average Variance34%
Class B Average Variance37%
Class C Average Variance21%
Total Overall Average Variance31%
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Nonconsensual Towing Services Rate Comparison (April 2022)
NOTE: This analysis is based only on the documented rates in
the respective code/resolution, not on actual practice.
Created by: James D. Molenaar, Asst. Co. Atty.
Monroe County Mun. Code Sec 25-7 (2015) vs. Vlg. Islamorada Sec. 50-100 (2014)
Description of Tow ServicesMonroeIFKVariancePercent
Description20152022
Wrecker Category Class A: mopeds, motorcycles, cars and vehicles <10,000 lbs.
Per Mile$3.00$3.00$0.000%
Base Rate (anytime a wrecker is called to a site)$135.00$135.00$0.000%
Per hour charge beginning upon arrival of wrecker$0.00
Inside storage | Per Day$40.00$40.00$0.000%
Outside storage/ 20 feet| Per Day$30.00$30.00$0.000%
Storage/Greater than 20 feet| Per foot$2.00$2.00$0.000%
Administration Fee$25.00$25.00$0.000%
Notification Fee$50.00$50.00$0.000%
Notification Fee/Each Additional Letter$20.00$20.00$0.000%
Service Calls$75.00$75.00
After Hours Gate Fee$75.00$75.00$0.000%
Drop fee (50% of baser rate)$67.50$67.50
Return of moped, electric car - speed limit< 35 mph | Base Rate$50.00($50.00)
Return of moped, electric car - speed limit< 35 mph | Per Mile (1way)$3.00($3.00)
Wrecker Category Class B: vehicles weighing 10,001 - 20,000 lbs.
Per Mile$4.00$4.00$0.000%
labor rate for extraordinary effort or multiple trucks required | Per Hr.$135.00($135.00)
Base Rate (anytime a wrecker is called to a site)$200.00$200.00$0.000%
Per hour charge beginning upon arrival of wrecker$0.00
Inside storage | Per Day$40.00$40.00$0.000%
Outside storage/ 20 feet| Per Day$30.00$30.00$0.000%
Outside storage/Greater than 20 feet| Per foot$2.00$2.00$0.000%
Administration Fee$25.00$25.00$0.000%
Notification Fee$50.00$50.00$0.000%
Notification Fee/Each Additional Letter$20.00$20.00$0.000%
Drop fee (50% of baser rate)$67.50$67.50
After Hours Gate Fee$200.00$200.00
Wrecker Category Class C: Vehicles < 20,000 lbs.
Per Mile$5.00$5.00$0.000%
labor rate for extraordinary effort or multiple trucks required | Per Hour$135.00($135.00)
Base Rate (anytime a wrecker is called to a site)$485.00$485.00$0.000%
Per hour charge beginning upon arrival of wrecker$0.00
Inside storage | Per Day$40.00$40.00$0.000%
Outside storage/ 20 feet| Per Day
$30.00$30.00$0.000%
Outside storage/Greater than 20 feet| Per foot$2.00$2.00$0.000%
Administration Fee$25.00$25.00$0.000%
Notification Fee$50.00($50.00)
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Notification Fee/Each Additional Letter$20.00($20.00)
Service Calls$75.00$75.00
Drop fee (50% of baser rate)$242.50$242.50
After Hours Gate Fee$50.00$50.00
Class A, B & C Average Variance0%
Total Overall Average Variance0%
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Nonconsensual Towing Services Rate Comparison (April 2022)
NOTE: This analysis is based only on the documented rates
in the respective code/resolution, not on actual practice.
Created by: James D. Molenaar, Asst. Co. Atty.
Monroe County Mun. Code Sec 25-7 (2015) vs. City of Key West MuniCode Sec. 70-707 (2015)
Description of Tow ServicesMonroeKWVariancePercent
Description20152015
Wrecker Category Class A: mopeds, motorcycles, cars and vehicles <10,000 lbs.
Per Mile$3.00($3.00)
Base Rate (anytime a wrecker is called to a site)$135.00$135.00$0.000%
Per hour charge beginning upon arrival of wrecker$0.00
Inside storage | Per Day$40.00$40.00$0.000%
Outside storage/ 20 feet| Per Day$30.00$30.00$0.000%
Storage/Greater than 20 feet| Per foot$2.00$2.00$0.000%
Administration Fee$25.00$25.00$0.000%
Notification Fee$50.00$50.00$0.000%
Notification Fee/Each Additional Letter$20.00$20.00$0.000%
Service Calls$0.00
After Hours Gate Fee$75.00$75.00$0.000%
Return of moped, electric car - speed limit< 35 mph | Base Rate$50.00($50.00)
Return of moped, electric car - speed limit< 35 mph | Per Mile (1way)$3.00($3.00)
Wrecker Category Class B: vehicles weighing 10,001 - 20,000 lbs.
Per Mile$4.00($4.00)
labor rate for extraordinary effort or multiple trucks required | Per Hr.$135.00$135.00$0.00
Base Rate (anytime a wrecker is called to a site)$200.00($200.00)
Per hour charge beginning upon arrival of wrecker$0.00
Inside storage | Per Day$40.00$40.00$0.000%
Outside storage/ 20 feet| Per Day
$30.00$30.00$0.000%
Outside storage/Greater than 20 feet| Per foot$2.00$2.00$0.000%
Administration Fee$25.00$25.00$0.000%
Notification Fee$50.00$50.00$0.000%
Notification Fee/Each Additional Letter$20.00$20.00$0.000%
Service Calls$0.00
After Hours Gate Fee$75.00$75.00
Wrecker Category Class C: Vehicles < 20,000 lbs.
Per Mile$5.00($5.00)
labor rate for extraordinary effort or multiple trucks required | Per Hour$135.00$135.00$0.00
Base Rate (anytime a wrecker is called to a site)$485.00$485.00$0.000%
Per hour charge beginning upon arrival of wrecker$0.00
Inside storage | Per Day$40.00$40.00$0.000%
Outside storage/ 20 feet| Per Day$30.00$30.00$0.000%
Outside storage/Greater than 20 feet| Per foot$2.00$2.00$0.000%
Administration Fee$25.00$25.00$0.000%
Notification Fee$50.00$50.00$0.000%
Notification Fee/Each Additional Letter$20.00$20.00$0.000%
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Service Calls$0.00
After Hours Gate Fee$75.00$75.00
Class A, B & C Average Variance0%
Total Overall Average Variance0%
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Nonconsensual Towing Services Rate Comparison (April 2022)
NOTE: This analysis is based only on the documented rates in
the respective code/resolution, not on actual practice.
Created by: James D. Molenaar, Asst. Co. Atty.
Monroe County Mun. Code Sec 25-7 (2015) vs. Key Colony Beach MuniCode Sec. 17-6 (2004)
Description of Tow ServicesMonroeKCBVariancePercent
Description20152004
Wrecker Category Class A: mopeds, motorcycles, cars and vehicles <10,000 lbs.
Per Mile$3.00($3.00)
Base Rate (anytime a wrecker is called to a site)$135.00$30.00($105.00)
Per hour charge beginning upon arrival of wrecker$0.00
Inside storage | Per Day$40.00($40.00)
Outside storage/ 20 feet| Per Day$30.00($30.00)
Storage/Greater than 20 feet| Per foot$2.00($2.00)
Administration Fee$25.00($25.00)
Notification Fee$50.00($50.00)
Notification Fee/Each Additional Letter$20.00($20.00)
Service Calls$0.00
After Hours Gate Fee$75.00($75.00)
Return of moped, electric car - speed limit< 35 mph | Base Rate$50.00($50.00)
Return of moped, electric car - speed limit< 35 mph | Per Mile (1way)$3.00($3.00)
Wrecker Category Class B: vehicles weighing 10,001 - 20,000 lbs.
Per Mile$4.00($4.00)
labor rate for extraordinary effort or multiple trucks required | Per Hr.$135.00($135.00)
Base Rate (anytime a wrecker is called to a site)$200.00($200.00)
Per hour charge beginning upon arrival of wrecker$0.00
Inside storage | Per Day$40.00($40.00)
Outside storage/ 20 feet| Per Day
$30.00($30.00)
Outside storage/Greater than 20 feet| Per foot$2.00($2.00)
Administration Fee$25.00($25.00)
Notification Fee$50.00($50.00)
Notification Fee/Each Additional Letter$20.00($20.00)
Service Calls$0.00
After Hours Gate Fee$0.00
Wrecker Category Class C: Vehicles < 20,000 lbs.
Per Mile$5.00($5.00)
labor rate for extraordinary effort or multiple trucks required | Per Hour$135.00($135.00)
Base Rate (anytime a wrecker is called to a site)$485.00($485.00)
Per hour charge beginning upon arrival of wrecker$0.00
Inside storage | Per Day$40.00($40.00)
Outside storage/ 20 feet| Per Day$30.00($30.00)
Outside storage/Greater than 20 feet| Per foot$2.00($2.00)
Administration Fee$25.00($25.00)
$50.00($50.00)
Notification Fee/Each Additional Letter$20.00($20.00)
Service Calls$0.00
After Hours Gate Fee$0.00
Class A, B, & C Average VarianceNA
Total Overall Average VarianceNA
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Wrecker Opperator Fees: New Application and Renewals–Issuance of Tow Permit
FEE:MonroeKey WestMarathonIslamoradaKey Colony
Application Tow Fee:$200.00$200.00NANANA
Annual Renewal Fee:$150.00$150.00NANANA
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{Ļĭ͵ ЋЎΏА͵ bƚƓĭƚƓƭĻƓƭǒğƌ ƷƚǞźƓŭ ƭĻƩǝźĭĻƭ͵
(a) Authority. This section is enacted pursuant to the statutory power of Monroe County to establish and
enforce business regulations necessary for the protection of the public, and pursuant to F.S. §§
125.0103(1)(b) and 715.07.
(b) Short title. This section shall be known as "The Nonconsensual Private Towing Services Ordinance of Monroe
County."
(c) Purpose. The purpose of this section is to regulate nonconsensual tows consistent with federal and state laws
and to create a mechanism for the establishment of maximum permissible rates which may be charged for
the towing and storage of motor vehicles/vessels by private persons not acting at the behest of local, county,
state, or federal government and without the consent of the owner when such vehicles/vessels are located
on private or public land. This section shall not apply to vessels located and towed or removed from private
or public waterways.
(d) Definitions. For purposes of this section, the following definitions shall apply:
Board shall mean the Board of County Commissioners of Monroe County, Florida.
Custodian shall mean one lawfully authorized and entrusted to possess, guard, maintain, and/or
operate the property of another.
Nonconsent or nonconsensual private towing services shall mean the immobilizing, towing and/or
storage of a vehicle or vessel, without the prior express consent of the owner or custodian, by any person
who is not acting pursuant to a contract with a unit of local, county, state, or federal government.
Owner shall mean that person who exercises dominion and control over a vehicle, other personal
property, or real property, including, but not limited to, the legal titleholder, lessee, designated
representative of a condominium association, or any other person authorized to share dominion and control
over the property.
Permitting official shall mean the county administrator or his/her designee.
Person shall mean any natural person, or any association, corporation, firm, joint venture, partnership,
or other entity.
Storage shall mean the safekeeping of a vehicle which has been towed under the authority of this
section.
Towing or tow shall mean taking possession of a vehicle and its contents, exercising control,
supervision and responsibility over it, and changing its location by immobilizing, hauling, drawing, or pulling it
by means of another vehicle, with or without booms, car carriers, winches, or similar equipment.
Vehicle shall mean an automobile, bus, motorcycle, recreational unit primarily designed as temporary
living quarters which either has its own motive power or is mounted on or drawn by another vehicle, semi-
trailer, semi-trailer combination, trailer, truck, truck tractor, van, or any other mechanized conveyance used
to transport persons or property and designed to operate on public roads without a fixed track.
(e) Operating permit required.
(1) Except as otherwise provided herein, it shall be unlawful for any person to conduct nonconsensual
private towing services, or to cause or permit any other person for compensation to conduct
nonconsensual private towing services in the county without first obtaining a nonconsensual tow
permit under this section. It shall also be unlawful to advertise said services without first obtaining and
maintaining a current nonconsensual tow permit pursuant to the provisions of this section. A person
conducting nonconsent tows in the county but having his/her primary place of business outside of the
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(Supp. No. 24, Update 2)
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county shall be required to obtain a nonconsensual tow permit and shall be subject to all the provisions
of this section.
(2) Nothing in this section shall be construed to prohibit the discharge or storage of a vehicle lawfully
recovered, towed or removed within a city or another county and lawfully transported within, or into,
the county; nor shall anything in this section be construed to prohibit a vehicle owner from requesting
the services of a towing business not regularly doing business in the county (i.e., routinely, contracted,
etc.) to tow or transport such vehicle out of the county.
(3) The provisions of this section shall not apply to governmental agencies and persons operating pursuant
to a government initiated tow request.
(f) New applications/renewals and issuance of nonconsensual tow permit; fees.
(1) Permit. The permitting official shall issue a nonconsensual tow permit to persons that have met the
requirements as provided for in this subsection. A nonconsensual tow permit may be issued to persons
having a nonconsensual tow permit from a jurisdiction meeting the requirements set forth below.
(2) Every application/renewal for an operating permit shall be in writing, signed and verified by the
applicant, and filed with the county administrator or his designee. The completed application packet
may be mailed or hand delivered to the Office of the Monroe County Administrator. If mailed, the
applicant shall be responsible for ensuring delivery of the application packet. The application/renewal
shall be on a form prescribed by the county administrator or his designee and shall contain all the
information required by that form, including, but not limited to:
a. Sufficient information to identify the applicant; including, but not limited to, full legal name, date
of birth or date of formation or incorporation of legal entity, business telephone numbers, and all
business and residence addresses. If the applicant is a corporation, the foregoing information
shall also be provided for each corporate officer, director, resident agent and shareholder. If the
applicant is a partnership, the foregoing information shall also be provided for each general and
each limited partner. Post office box addresses will not be accepted.
b. Documentation demonstrating that all corporate or partnership applicants are qualified to do
business under state law.
c. Photocopy of all city and county business tax receipts of the applicant.
d. A list of all persons with any ownership interest in the applicant who have previously been denied
a license.
e. Any trade name under which the applicant operates, intends to operate, or has previously
operated, and a description of proposed, existing and previous towing vehicles' colors and
markings.
f. A description of the applicant's management plan, which shall include, but is not limited to:
Location and description of all places of business; a description of all towing vehicles and
equipment; a description of the plan and facilities for maintaining towing vehicles and
equipment; a system for handling complaints and accidents, insurance coverage and a
description of any communication system.
g. A description of services proposed to be provided, including, but not limited to, days and hours of
operation and types of towing and storage services to be provided.
h. Sufficient information to identify the applicant and each employee, including, but not limited to,
full legal name, date of birth and social security number. For each employee, the towing
company shall obtain documentation from the relevant local, state and federal agencies
regarding the employee's criminal and arrest history and either submit such information to the
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(Supp. No. 24, Update 2)
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county or submit proof that such employee has undergone a background screening and has been
cleared by either the FHP or MCSO within the previous 12 months. Towing companies shall
submit current employee information every year.
i. If the applicant is a sole proprietorship; the individual applicants shall obtain and submit their
fingerprints and photographs from an appropriate law enforcement agency and provide them
with the application and, where civil rights have been revoked, provide such information with the
application. If the applicant is a corporation or partnership, all such information shall be provided
by all corporate officers and directors, or partners, as the case may be, and by all stockholders
who own, hold or control five percent or more of issued and outstanding stock in the corporation
or beneficial interest therein, and by all officers and directors of any corporate general partners
of a partnership and by stockholders who own, hold or control five percent or more of issued and
outstanding stock in a corporate general partner, or beneficial interest therein. In lieu of
providing the information required by this subsection, applicant may submit proof that such
information has been provided to the FHP or MCSO and the applicant(s) have been cleared by
said agency.
j. Proof of insurance as required in this section.
k. The signature of each individual applicant, the signature of the president or vice-president of a
corporate applicant, and the signature of all the general partners of a partnership applicant.
l. An affidavit signed by the applicant that the applicant shall abide by this article, city, county and
state law.
m. It shall be a violation of this section to fail to report to the permitting official any material change
pertaining to the information supplied by the applicant or licensee for his license, including, but
not limited to, changing the location of the applicant's place of business prior to issuing the
license and during the time period for which the license has been issued.
n. Each applicant for a license shall provide a schedule of all proposed rates and charges.
o. Any additional information about the application as the permitting official may deem
appropriate.
(3) The permitting official shall review and investigate each application/renewal of a nonconsensual tow
permit and shall deny any application/renewal that is incomplete or untrue in whole or in part, or
which fails in any way to meet the requirements of this section. The permitting official shall have 30
days from the date of receipt of the application to complete the review and either issue the permit or
deny the application. In the event of a denial, the permitting official shall inform the applicant in
writing of the basis for the denial. Any application for which a written denial has not been issued within
30 days of receipt shall be deemed approved.
(4) The applicant must arrange for, submit to, and include a background check (at the applicant's sole
expense), and to be eligible for a nonconsensual tow permit the permitting official must find that:
a. Neither the applicant, nor any officer, director or partner of the applicant, nor any stockholder
owning, holding, controlling or having a beneficial interest in five percent or more of the issued
and outstanding stock of a corporate general partner of a partnership applicant, has a currently
suspended permit, has had its permit revoked by action of the permitting official within two
years of the date of application, or has outstanding and unsatisfied civil penalties imposed on
account of violations of this article.
b. Neither the applicant, nor any officer, director or partner of the applicant, nor any stockholder
owning, holding, controlling or having a beneficial interest in five percent or more of the issued
and outstanding stock of a corporate general partner of a partnership applicant, has been
#±¤ ³¤£Ÿ ʆʂʆʆŻʂʇŻʂʋ ʂʍŸʅʆŸʆʌ Ơ%34ơ
(Supp. No. 24, Update 2)
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convicted of one or more felonies within the preceding five years; or that three misdemeanors
have been committed within the 36-month period preceding the date of the application, unless
the civil rights of such individual or applicant have been restored or that such person has
successfully completed all sentences of incarceration, probationary periods, required
rehabilitation activities and payment of all fines and penalties imposed. For applicants requesting
renewal, the permitting official may only consider crimes committed after the date the applicant
obtained his license, unless such crimes were not previously disclosed in the original application.
c. Each corporate or partnership application is qualified under the state law to do business under
the trade name or names under which it has applied for a license.
d. No fraud or willful or knowing misrepresentation or false statement was made in the application.
e. No judgment against the applicant arising out of the activity of recovery, towing or removing a
vehicle or providing storage in connection therewith remains unsatisfied, unless a stay or reversal
of the judgment is procured through the courts.
f. No outstanding warrants of arrest against the applicant nor any officer, director or partner of the
applicant, nor any stockholder owning, holding, controlling or having a beneficial interest in five
percent or more of the issued and outstanding stock of a corporate general partner of a
partnership applicant.
(5) If there are six months or less remaining before the annual renewal period, the nonrefundable fee for
the nonconsensual tow permit shall be 50 percent of the approved fee, otherwise all other fees are
applicable.
(6) Except for the initial permit, each nonconsensual tow permit issued pursuant to this section shall be
valid and effective for a maximum of one year. Each nonconsensual tow permit shall terminate on June
30 of each year.
(7) Persons failing to submit a complete and true application within 30 calendar days after the permitting
official's receipt and any notification of the incompleteness of the application shall be denied a
nonconsensual tow permit.
(8) All nonconsensual tow permits shall be renewed annually. As a part of the renewal process, the original
application shall be updated and verified by the applicant. Each updated renewal application shall be
accompanied by a nonrefundable fee. All nonconsensual tow permits which are not renewed shall
automatically expire upon the expiration date of the permit, and all nonconsensual tows shall cease
immediately. The permitting official shall deny each renewal application that is not timely, is
incomplete, is untrue in whole or in part, is unaccompanied by the required fees, or results in a
determination by the permitting official that the applicant has failed to satisfy the requirements of this
section.
(9) After initial application and upon renewal, the applicant shall submit to a background investigation
every other year the results of which shall be provided to the permitting official.
(10) Each nonconsensual tow permit shall be printed on a certificate containing, at a minimum, the name
and address of the company, the name of the principal, the dates the operating permit is in effect, and
any identifying number assigned by the permitting official to the company. The nonconsensual tow
permit certificate issued by the permitting official shall remain the property of the Monroe County and
shall be used only under the authority of this section.
(11) A nonconsensual tow permit issued or renewed pursuant to the provisions of this section shall not be
transferable, nor shall the ownership structure of the operating permit be so modified as to constitute
a change in the control or ownership of the operating permit. If the business changes its name or
ownership structure, a new business permit application and the business application permit fee shall
#±¤ ³¤£Ÿ ʆʂʆʆŻʂʇŻʂʋ ʂʍŸʅʆŸʆʌ Ơ%34ơ
(Supp. No. 24, Update 2)
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be submitted to the permitting official within 45 days of said change. In cases where the name of the
business changes, the new business will be required to have each vehicle inspected.
(12) An initial application fee of $200.00 shall contemporaneously be submitted to the permitting office.
The annual renewal fee shall be $150.00.
(13) Failure to comply with the provisions of this section shall result in denial of a nonconsensual tow
permit, revocation or suspension of the permit, a denial of renewal of such permit, issuance of a civil
citation, a misdemeanor citation and/or other such remedies available as specified herein.
(g) Required equipment.
(1) Every towing service operating under this section will be required to comply with the equipment
requirements set forth in subsection 25-4(b).
(2) No more than 30 days prior to submitting the initial application, or a renewal application, the applicant
shall be required to undergo an inspection performed by the Monroe County Fleet Maintenance
Department showing that the applicant complies with the equipment requirements set forth in
subsection 25-4(b). The applicant will be required to contact the Monroe County Fleet Maintenance
Department and schedule a mutually convenient time for said inspection. Upon completing the
inspection the Monroe County Fleet Maintenance Department shall provide the applicant with an
inspection form signed by the individual performing the inspection. Applicant shall submit the
inspection form with the initial/renewal application. Applicants, in the six months prior to submission
of an application, who have had their equipment inspected by the Monroe County Sheriff's Office or
the Florida Highway Patrol pursuant to section 25-4 may submit a copy of the completed inspection
form, signed by a MCSO deputy or FHP officer, in lieu of the inspection performed by the Monroe
County Fleet Maintenance Department.
(h) Maximum rates for nonconsensual towing services.
(1) The maximum rate for a nonconsensual private tow shall be as follows:
a. $135.00 for mopeds, motorcycles, cars and vehicles weighing 10,000 pounds or less plus $3.00
per mile.
b. $200.00 for vehicles weighing between 10,001 and 20,000 pounds plus $4.00 per mile.
c. $485.00 for vehicles weighing in excess of 20,000 pounds plus $5.00 per mile.
d. A labor rate of up to a maximum of $135.00 per hour may be applied in circumstances where
extraordinary effort, such as the use of multiple tow trucks, is required.
A person in the process of towing or removing a vehicle or vessel from the premises or parking lot in
which the vehicle or vessel is not lawfully parked must stop when a person seeks the return of the
vehicle or vessel. The vehicle or vessel must be returned upon the payment of a reasonable service of
not more than one-half the rates set forth above. The vehicle or vessel may be towed or removed if,
after a reasonable opportunity, the owner or legally authorized person in control of the vehicle or
vessel is unable to pay the service fee. If the vehicle or vessel is redeemed, a detailed signed receipt
must be given to the person redeeming the vehicle or vessel.
(2) Storage fees may be charged only after the vehicle has been in the storage facility for at least six hours.
If the vehicle is not recovered by the vehicle/vessel owner after the six-hour time period has elapsed,
then storage charges shall accrue in 24-hour increments from the time the vehicle/vessel arrived in the
storage facility at the rate of $30.00 per day for outside storage plus $2.00 per foot for motor vehicles
over 20 feet long and $40.00 per day for inside storage plus $2.00 per foot for motor vehicles over 20
feet long.
#±¤ ³¤£Ÿ ʆʂʆʆŻʂʇŻʂʋ ʂʍŸʅʆŸʆʌ Ơ%34ơ
(Supp. No. 24, Update 2)
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(3) An administrative fee in the maximum amount of $25.00 shall be charged for all vehicles. A
notification/lien fee of $50.00 for the first notification and $20.00 for each additional letter shall only
be charged after the vehicle/vessel has been in the storage facility for at least 24 hours; and, the
nonconsent tow company must show proof that lien letter(s) have been prepared with the appropriate
names/addresses (i.e., U.S. Mail certification number, correspondence copies, etc.) and that actual fees
for obtaining required ownership information have been expended. Failure to document and provide
all of the above required information will result in notification/lien fee charges being removed from the
total cost of the service/invoice and is a violation of this section. Prior to instituting such charge, the
tow company must provide such documentation to the vehicle/vessel owner upon demand.
(4) After-hour gate fees may not be applied between the hours of 8:00 a.m. and 5:00 p.m. Monday
through Friday (excluding federal holidays). The maximum amount of such after-hours gate fee shall be
$75.00.
(5) Persons who provide services pursuant to this section shall not charge in excess of the maximum
allowable rates established by the board. No person providing services pursuant to this section shall
charge any type of fee other than the rates the board has specifically established. Persons who provide
nonconsensual tow services from the county to a location outside the county shall abide by the terms
of this section including all rates and charges adopted by the board.
(6) Persons who provide nonconsensual tow services pursuant to this section shall provide a Monroe
County, Florida Maximum Non-Consent Towing Rates sheet to the vehicle or vessel owner upon
request at the time of payment.
(7) Every towing service operating under this section shall conspicuously display at its place of business the
maximum charges that may be imposed for ordinary towing and road service under this section.
(8) Upon payment of the fees specified herein, persons who provide nonconsensual tow services in areas
where the speed limit exceeds 35 m.p.h. shall make reasonable arrangements to return any
noncommercially owned moped, electric car or similar reduced-speed vehicle to the vehicle owner.
The tow company may impose a fee, not to exceed $50.00 and $3.00 per mile (one way only) for the
return delivery service.
(i) Nonconsent tow company requirements.
(1) Nonconsent tow companies which provide services pursuant to this section shall advise any
vehicle/vessel owner who calls by telephone prior to arriving at the storage facility of the following:
a. Each and every document or other item which must be produced to retrieve the vehicle/vessel;
b. The exact charges as of the time of the telephone call, and the rate at which charges accumulate
after the call;
c. The acceptable methods of payment; and
d. The hours and days the storage facility is open for regular business.
(2) Persons providing nonconsensual tow services pursuant to this section shall allow every vehicle/vessel
owner to inspect the interior and exterior of the towed vehicle upon his or her arrival at the storage
facility before payment of any charges (except for "after-hour gate fee"). With the exception of vehicle
being held pursuant to the specific request or "hold order" of a law enforcement agency, the
vehicle/vessel owner or authorized driver/agent shall be permitted to remove the vehicle license tag
and any and all personal property inside but not affixed to the vehicle/vessel. A vehicle/vessel owner
who shows a government issued photo identification shall be given access to view ownership
documents stored in the vehicle/vessel. The vehicle/vessel and/or personal property shall be released
to the vehicle/vessel owner if the ownership documents are consistent (name and address) with the
photo identification. When a vehicle/vessel owner's government issued identification and ownership
#±¤ ³¤£Ÿ ʆʂʆʆŻʂʇŻʂʋ ʂʍŸʅʆŸʆʌ Ơ%34ơ
(Supp. No. 24, Update 2)
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documents are stored inside the impounded vehicle due to unforeseen circumstances, the tow
company shall be required to recover the ownership documents stored in the impounded vehicle (i.e.,
glove compartment, sun visors, etc.) upon receipt of a vehicle/vessel key, vehicle access code, or
electronic device from the vehicle/vessel owner that would allow entry. The vehicle/vessel and/or
personal property shall be released to the vehicle/vessel owner if the ownership documents are
consistent with the photo identification.
(3) Persons providing nonconsensual tow services pursuant to this section shall accept payment for
charges from the vehicle/vessel owner in all the following forms:
a. Cash, money order or valid traveler's check; and
b. Valid bank debit/credit card, which shall include, but not be limited to, MasterCard or VISA.
(4) Persons providing nonconsensual tow services pursuant to this section shall not store or impound a
towed vehicle/vessel at a distance which exceeds a 15-mile radius of the location from which the
vehicle/vessel was recovered, towed or removed unless no towing company providing services under
this section is located within a 15-mile radius, in which case a towed or removed vehicle/vessel must
be stored at a site within 30 miles of the point of removal.
(5) Persons providing nonconsensual tow services pursuant to this section shall maintain one or more
storage facilities, each of which shall maintain a current business tax receipt and when applicable a
municipal business tax receipt. The storage facility must be secured and fenced with a minimum of six
feet fencing, lighted and equipped with a lock or enclosed building and otherwise comply with the
Monroe County Code of Ordinances. The business shall be open for the purpose of redemption of
vehicles/vessels by owners on any day that the tow truck company is open for towing purposes. At a
minimum, each business operating pursuant to a nonconsensual tow permit shall be open from at least
8:00 a.m. to 5:00 p.m., Monday through Friday. When closed, each business shall have posted
prominently on the exterior of the storage facility and place of business, if different, a notice indicating
a telephone number where the tow truck company can be reached at all times. Upon request of the
vehicle/vessel owner or authorized driver/agent, the tow truck company shall release the
vehicle/vessel to the vehicle/vessel owner or authorized driver/agent within one hour.
(6) Persons providing nonconsensual tow services pursuant to this section shall not, as a condition of
release of the vehicle/vessel, require a vehicle/vessel owner or authorized driver/agent to sign any
release or waiver of any kind which would release the tow truck company from liability for damages
noted by the vehicle/vessel owner or authorized driver/agent at the time of the vehicle's/vessel's
release. A detailed, signed receipt showing the legal name of the tow truck company removing the
vehicle/vessel shall be given to the vehicle/vessel owner or authorized driver/agent at the time of
payment, whether requested or not.
(7) Persons providing nonconsensual tow services pursuant to this section shall release vehicles/vessels
towed or removed to the vehicle/vessel owner or authorized driver/agent upon presentation of proof
of ownership documents. Proof of ownership documents shall include:
a. Current vehicle registration;
b. Vehicle title;
c. An authorized driver/agent with a notarized release from the vehicle/vessel owner or lien holder.
Vehicle/vessel owners have the right to identify/approve designated agents to claim vehicles on
their behalf. A facsimile or electronic transfer of a notarized release statement from the
vehicle/vessel owner shall be accepted;
d. Insurance card with the vehicle/vessel owner's information and vehicle description;
e. Licensed dealer in possession of an auction buyer's sales invoice; and/or
#±¤ ³¤£Ÿ ʆʂʆʆŻʂʇŻʂʋ ʂʍŸʅʆŸʆʌ Ơ%34ơ
(Supp. No. 24, Update 2)
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f. A notarized bill of sale for nontitled vehicles or vessels that cannot otherwise be titled or
registered.
(8) Persons providing nonconsensual tow services pursuant to this section shall make a "good faith effort"
to locate the vehicle/vessel owner or lien holder. For the purposes of this paragraph and subsection, a
"good faith effort" means that the required steps have been performed by the tow truck company
according to F.S. § 713.78(4)(d). Failure to make a "good faith effort" to comply with the notification
requirements of this section shall preclude the imposition of any storage charges against such vehicle
or vessel.
(9) Persons providing nonconsensual tow services pursuant to this section who exceed the rates set forth
in this section or impose charges not set forth in this section or in the Florida Statutes shall be required
to reimburse those charges upon presentation by the vehicle/vessel owner to the permitting official of
an affidavit, sworn to by the vehicle/vessel owner, and accompanying proof of payment of the
excessive charges in the form of a receipt, credit card statement, etc., to the permitting official. Failure
to reimburse the owner of the vehicle/vessel in such cases is a violation of this section.
(10) It shall be a violation of this section for any person providing nonconsensual tow services to fail to
respond in writing within ten business days to any written inquiry or request for information from the
permitting official or any law enforcement agency.
(j) Insurance requirements. No person shall for compensation recover, tow, or remove a motor vehicle or
provide motor vehicle storage or otherwise function as a wrecker operator until that person maintains in
effect an insurance policy or policies that shall insure that person for its liability at a minimum:
(1) For each tow truck, combined single limit of $500,000.00; and
(2) For garage keeper's liability, in an amount not less than $50,000.00 for each loss covering perils of fire
and explosion, theft of a motor vehicle and parts or contents, riot and civil commotion, vandalism,
malicious mischief, and for on-hook protection.
(k) Nonconsent towing with prior express instruction of real property owner or duly authorized agent and/or law
enforcement agency. In addition to the other requirements of this section, no person shall engage in
nonconsensual towing services or provide storage in connection therewith without the prior express
instruction of the vehicle/vessel owner or authorized driver, except in accordance with the following:
(1) Persons providing nonconsensual tow services in accordance with applicable provisions of the Monroe
County Code of Ordinances may, for compensation, recover, tow or remove a vehicle/vessel based
upon a police directed tow without the prior express instruction of the vehicle/vessel owner.
(2) Persons may provide nonconsensual tow services without the authorization of the vehicle/vessel
owner upon the prior express instruction of the real property owner or his duly authorized agent on
whose property the vehicle/vessel is disabled, abandoned or parked without authorization or whose
vehicle/vessel owner or authorized agent is unwilling or unable to remove the vehicle/vessel, provided
that the requirements of this section are satisfied. The nonconsent tow company recovering, towing or
removing a vehicle/vessel shall, within 30 minutes of completion of such towing or removal, notify the
appropriate law enforcement agency in which jurisdiction the vehicle/vessel was parked of the nature
of the service rendered, the name and address of the storage facility where the vehicle/vessel will be
stored, the time the vehicle was secured to the towing vehicle, and the make, model, color and
vehicle/vessel license plate number (if any). The person providing nonconsensual tow services shall
obtain the CAD number from the law enforcement agency to whom such information was reported
and note that information on the trip record.
(3) No person providing nonconsensual tow services shall pay or rebate money, or solicit or offer the
rebate of money, or other valuable consideration in order to obtain the privilege of rendering towing
services
#±¤ ³¤£Ÿ ʆʂʆʆŻʂʇŻʂʋ ʂʍŸʅʆŸʆʌ Ơ%34ơ
(Supp. No. 24, Update 2)
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(4) Each person providing pre-authorized nonconsensual tow services shall enter into a written contract
with every owner or duly authorized agent of private commercial, or public property that authorizes
nonconsensual tow services on or from its property. This written contract shall include the beginning
date of said contract, the names of all persons who can authorize prior express instruction to the tow
truck company to remove, recover or tow any vehicle/vessel on or from its property. The written
contract shall include the name and current telephone number of the tow truck company performing
the towing service, and the name, address and telephone number for any duly authorized agents
acting on behalf of the real property owner. The written contract for nonconsent towing shall also
include a clear statement of liability for the real property owner as stated in F.S. § 715.07(4), which
statute shall be included as an exhibit to the contract. No such contract shall state that the person
providing consensual tow services assumes the liability for improperly towed vehicles/vessel, contrary
to F.S. § 715.07(4). The person providing nonconsensual tow services must keep on file each contract
and addendum (if applicable) with the property owner. Such contract shall be maintained for at least
12 months after termination. The permitting official and law enforcement officers may inspect and
request a copy of any and all such contracts from the person providing nonconsensual tow services
during normal business hours. The person providing nonconsensual tow services may not withhold
production of the contract upon demand by the permitting official or law enforcement. Failure to enter
into or keep on file a contract with the property owner shall be a violation of this section. All contracts
which were entered into prior to the effective date of this section, shall accomplish the requirements
of this subsection by entering into an addendum to the current contract within three months following
the enactment of this section. Nothing in this subsection is to be construed as prohibiting a towing
company that has been contacted by an owner or duly authorized agent of a private, commercial, or
public property from performing towing services when the owner or duly authorized agent is present.
(5) Real property owners or authorized representatives shall not request the recovery, tow or the removal
of vehicles/vessels that are reasonably identifiable from markings or equipment as law enforcement,
firefighting, rescue squad, ambulance, or other emergency vehicles/vessels which are marked as such
or vehicles displaying a license plate clearly indicating that such vehicle belongs to a state federal or
local government agency.
(6) Any person who improperly causes a vehicle/vessel to be recovered, towed, removed or stored shall be
liable to the vehicle owner or authorized representative for the costs of the services provided, any
damages resulting from the recovery, towing, removal or storage and attorney's fees and court costs in
accordance with Florida Statutes.
(l) Enforcement and penalties for violations.
(1) All law enforcement officials are hereby authorized to assist in the enforcement of this section to the
extent that it is within their respective jurisdictions to do so.
(2) It shall be unlawful for any person or entity to violate or fail to comply with any provision of this
section. Any such violation shall be punishable in accordance with section 1-8 of the Monroe County
Code of Ordinances, including a fine of not more than $500.00 or a term of imprisonment not to
exceed 60 days or both a fine and term of imprisonment. Each day that any of the towing or storage
rates provisions of this section are violated shall constitute a separate offense hereunder.
(3) The penalties described in paragraph (2) of this subsection shall be in addition to the abatement of the
violating condition, any other equitable relief, or revocation of any permit or license by any
governmental entity. Should any person violate or fail to comply with any provision of this section, the
office of the county attorney may make application to the circuit court for the Sixteenth Judicial Circuit
of Florida for an order to enjoin such violation or failure of compliance.
(4) In addition to the penalties described above, any owner who is found by the permitting official,
pursuant to the process set forth herein, to have violated this section shall be subject to the suspension
#±¤ ³¤£Ÿ ʆʂʆʆŻʂʇŻʂʋ ʂʍŸʅʆŸʆʌ Ơ%34ơ
(Supp. No. 24, Update 2)
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or revocation of its nonconsensual tow permit. Within ten days of an allegation that an owner has
violated a provision of this section the permitting official shall schedule a hearing with the owner.
Failure by the owner to appear at the hearing shall result in the immediate suspension of the owners
nonconsensual tow permit. Such suspension shall remain in place until the owner contacts the
permitting official and reschedules the hearing. The permitting official shall hear testimony and/or
evidence of the nature of the violations and any circumstances associated therewith. After such
hearing the permitting official may suspend or revoke the violator's nonconsensual tow permit for a
period of up to one year based upon the gravity and frequency of the violations. The violator may
appeal the permitting official's decision to the county commission by filing written notice with the
county administrator office within three days of the permitting official's written determination. The
county commission shall set the matter for hearing with appropriate public notice for the next regularly
scheduled commission meeting. By majority vote, the commission may affirm, reverse or modify the
decision of the permitting official based upon the factors considered by the permitting official and
those brought before the commission at hearing.
( Ord. No. 013-2015 , §§ 112)
#±¤ ³¤£Ÿ ʆʂʆʆŻʂʇŻʂʋ ʂʍŸʅʆŸʆʌ Ơ%34ơ
(Supp. No. 24, Update 2)
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Sec. 50-100. Regulation of wrecker operators who provide towing and storage services.
(a) Applicability. The provisions of this section shall apply to all wrecker operators providing towing of vehicles
and vehicle storage at the request of a law enforcement officer, and to towing of vehicles from private
properties without the consent of the vehicle operator (non-consensual towing services). This section shall
not apply to wrecker operators providing towing of a vehicle at the request of and with the express consent
of the operator of the vehicle.
(b) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings
ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Administration fee means the charge for researching and documenting the registered owner of a vehicle
towed and stored by a wrecker operator.
Commercially manufactured wrecker means a tow truck that is:
(1) Designed and constructed by a wrecker manufacturer that offers its wreckers for sale; or
(2) Assembled by a business licensed and approved to assemble and certify wreckers according to
manufacturer's specifications.
Drop shall mean any instance in which a vehicle owner or agent arrives at the scene of a tow after the vehicle
has been connected to the towing or removal apparatus but before the tow truck has left the premises with said
vehicle.
Non-consensual towing services shall mean the immobilizing, towing and/or storage of a vehicle, without the
prior express consent of the owner or operator, by any person who is not acting pursuant to a contract with a unit
of local, county, state, or federal government.
Notification fee means the charge for notifying a vehicle owner and any lien holders that a wrecker operator
has towed and stored the vehicle.
Vehicle means any mobile item which normally uses wheels, whether motorized or not as described in F.S. §
715.07(1)(a).
Wrecker means any motor vehicle that is used to tow, carry, or otherwise transport motor vehicles and that
is equipped for that purpose with a boom, winch, car carrier, or other similar equipment.
Wrecker operator means the individual, partnership, corporation, or business entity engaged for hire in the
recovery, towing removal, or storage of wrecked, disabled, stolen, illegally parked or abandoned vehicles. For the
purpose of this section, a hired driver or employee shall be governed by this section and shall be considered an
agent of the wrecker operator.
(c) Wrecker classification and required equipment.
(1) Each tow truck owned or maintained by a wrecker operator shall be commercially manufactured and
shall conform to all other requirements of this section. The requirements of this section are waived
only for those operators with tow trucks that were purchased before the effective date of the
ordinance from which this section is derived or that were under a binding contract to purchase entered
into before the effective date of the ordinance from which this section is derived.
(2) All tow trucks shall be equipped with a business-type communication radio or mobile telephone or
cellular telephone. There shall be one radio or phone for each truck. The equipment shall be licensed
and approved by the Federal Communications Commission. The mobile radio or telephone shall enable
the wrecker operator to communicate with his trucks within his usual area of operation. A citizens
band radio does not meet the requirements of this subsection.
(3) Specifications and required equipment shall be as follows:
#±¤ ³¤£Ÿ ʆʂʆʅŻʂʊŻʆʉ ʅʂŸʈʍŸʈʊ Ơ%34ơ
(Supp. No. 23)
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a. All wreckers (all classifications) shall include the following:
1. A cradle, tow plate or tow sling to pick up vehicles. The cradle, tow plate or tow sling shall
be equipped with safety chains and constructed in such a manner that it will not damage
the vehicle to be towed;
2. Dual rear wheels;
3. The name, address and telephone number of the wrecker operator shall be painted or
permanently affixed in a conspicuous place on both sides of the trucks as required by F.S. §
715.07(2)(a)(7);
4. At least one heavy duty push broom with a minimum width of 24 inches;
5. One square shovel;
6. One axe;
7. One crowbar or prybar with a minimum length of 30 inches;
8. Minimum of one five-pound carbon dioxide or dry chemical fire extinguisher or equivalent.
Must be approved type and have a current inspection tag attached;
9. One pair of bolt cutters with a minimum opening of one-half inch;
10. One set of jumper cables;
11. One four-way lug wrench;
12. One flashlight;
13. Five 30-minute fuses;
14. One snatch block for each winch with manufacturer's rating to match winch;
15. Extra towing chain six to eight feet in length with hooks;
16. At least three safety cones or triangle reflectors; and
17. Fifty pounds of sand or petroleum absorbent.
b. Class "A" wreckers (for the removal of cars and light duty trucks and vehicles weighing 10,000
pounds gross vehicle weight or less). Specifications and equipment in addition to requirements
outlined in subsection (c)(3)a. of this section, shall be as follows:
1. A truck chassis with a manufacturer's rated capacity of at least 10,000 pounds gross vehicle
weight. A complete, commercially manufactured boom and winch having a manufacturer's
combined rating of at least four tons must be mounted on the chassis. Hand crank winches
do not satisfy these requirements and will not be approved;
2. A minimum of 100 feet of three-eighths-inch cable;
3. Dollies;
4. Flood lights on the hoist;
5. Vehicles that are equipped with wheel lifts or the equivalent may also qualify as class A tow
trucks so long as they are equipped with a boom and all other applicable requirements are
met. Wheel lifts shall be rated at a minimum of 3,000 pounds lift capacity and must use
wheel safety straps when lifting vehicles by the wheels only; and
#±¤ ³¤£Ÿ ʆʂʆʅŻʂʊŻʆʉ ʅʂŸʈʍŸʈʊ Ơ%34ơ
(Supp. No. 23)
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6. Operators who wish to remove cars and light trucks may have, in addition, a roll-back or
slide-back carrier truck/trailer with specifications and the equipment as provided in
subsection (c)(3)c. of this section.
c. Class "A" roll-back or slide-back wreckers (for the removal of cars and light duty trucks and
vehicles weighing 10,000 pounds gross vehicle weight or less). Specifications and equipment for
roll-back or slide-back carriers in addition to the requirements outlined in subsection (c)(3)a. of
this section shall include the following:
1. A truck chassis with a manufacturer's rated capacity of at least 10,000 pounds gross vehicle
weight with a minimum of a 16-foot bed, dual rear wheels and a winch with at least 8,000
pounds capacity;
2. A minimum of 50 feet of three-eighths-inch cable;
3. A minimum of two safety tie-down chains of at least ten feet each in length;
4. Two spot (flood) lights mounted on the rear of the carrier; and
5. A roll-back or slide-back carrier trailer shall meet the following requirements:
(i) A commercially manufactured carrier trailer with a rated capacity of at least
8,000 pounds gross vehicle weight with a minimum 16-foot bed. A winch with
at least 8,000 pounds capacity;
(ii) A minimum of 50 feet of three-eighths-inch cable;
(iii) Brakes and trailer lights that meet the minimum statutory requirements of
state law;
(iv) Safety chains; and
(v) Must be towed by and used in conjunction with an approved wrecker that
meets or exceeds the class of the vehicle to be towed.
d. Class "B" wreckers (for removal of medium duty trucks or vehicles weighing 20,000 pounds gross
vehicle weight or less). Specifications and equipment in addition to the requirements outlined in
subsection (c)(3)a. of this section, shall be as follows:
1. A truck chassis with a manufacturer's rated capacity of at least 20,000 pounds gross vehicle
weight. A complete, twin-winch, commercially manufactured boom and winches having a
manufacturer's combined rating of at least ten-ton capacity mounted on the chassis;
2. A minimum of 100 feet of at least one-half-inch cable on each drum;
3. One set of scotch blocks for wheels or hydraulic rear-extendable scotch blocks; and
4. Floodlights on the hoist.
e. Class "C" wreckers (for removal of heavy duty trucks, house trailers, buses, etc., weighing over
20,000 pounds gross vehicle weight). Specifications and equipment in addition to the
requirements outlined in subsection (c)(3)a. of this section, shall be as follows:
1. A truck chassis with a manufacturer's rated capacity of at least 30,000 pounds gross vehicle
weight and 30,000 pounds gross vehicle weight for tandem axle trucks. A complete, twin-
winch, commercially manufactured boom and winches having a manufacturer's combined
rating of at least 25-ton capacity mounted on the chassis;
2. A minimum of 200 feet of at least five-eighths-inch cable on each drum;
3. Air brakes so constructed as to lock the rear wheels automatically upon failure;
#±¤ ³¤£Ÿ ʆʂʆʅŻʂʊŻʆʉ ʅʂŸʈʍŸʈʊ Ơ%34ơ
(Supp. No. 23)
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4. External air hookup and hoses, to supply air to disabled vehicles;
5. One set of scotch blocks for wheels or hydraulic rear-extendable scotch blocks; and
6. Floodlights on the hoist.
(d) Insurance requirements. No person shall for compensation recover, tow, or remove a vehicle or provide
vehicle storage or otherwise function as a wrecker operator until that person maintains in effect an
insurance policy or policies that shall insure that person for its liability at a minimum:
(1) For each wrecker, combined single limit of $500,000.00; and
(2) For garage keeper's liability, in an amount not less than $50,000.00 for each loss covering perils of fire
and explosion, theft of a vehicle and parts or contents, riot and civil commotion, vandalism, malicious
mischief, and for on-hook protection.
(e) Rates.
(1) The maximum rate that may be charged by any wrecker operator subject to this section is as follows,
based on the lowest class of wrecker service required for the vehicle, with any trailered appurtenance.
Class A Wrecker Service
Base rate (anytime a wrecker is called to a site) $135.00
Inside storage (per day) No charge for first six hours; Thereafter, $40.00 plus
$2.00 per foot for vehicles over 20 feet long
Outside storage (per day) No charge for first six hours; Thereafter, $30.00 plus
$2.00 per foot for vehicles over 20 feet long
Administration fee $25.00
Notification fee $50.00 first notification $20.00 each additional letter
Mileage rate from wrecker station to site and return $3.00 per mile
After hours gate fee $50.00
Service call at request of law enforcement officer $75.00
Drop fee (50% of base rate) $67.50
Class B Wrecker Service
Base rate (anytime a wrecker is called to a site) $200.00
Inside storage (per day) No charge for first six hours; Thereafter, $40.00 plus
$2.00 per foot for vehicles over 20 feet long
Outside storage (per day) No charge for first six hours; Thereafter, $30.00 plus
$2.00 per foot for vehicles over 20 feet long
Administration fee $25.00
Notification fee $50.00 first notification $20.00 each additional letter
Mileage rate from wrecker station to site and return $4.00 per mile
After hours gate fee $50.00
Service call at request of law enforcement officer $75.00
Drop fee (50% of base rate) $100.00
Class C Wrecker Service
Base rate (anytime a wrecker is called to a site) $485.00
Mileage rate from wrecker station to site and return $5.00 per mile
Inside storage (per day) No charge for first six hours; Thereafter, $40.00 plus
$2.00 per foot for vehicles over 20 feet long
#±¤ ³¤£Ÿ ʆʂʆʅŻʂʊŻʆʉ ʅʂŸʈʍŸʈʊ Ơ%34ơ
(Supp. No. 23)
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Outside storage (per day) No charge for first six hours; Thereafter, $30.00 plus
$2.00 per foot for vehicles over 20 feet long
Administration fee $25.00
After hours gate fee $50.00
Service call at request of law enforcement officer $75.00
Drop fee (50% of base rate) $242.50
(2) The daily storage rate must be prorated in six-hour increments when the vehicle is retrieved by the
owner or his agent; provided, however, that no storage fee shall be charged if the vehicle is stored for
less than six hours prior to retrieval by the owner or agent. The notification fee may only be charged
when notice is sent by the operator to the vehicle owner and any lienholder.
(3) In the event a law enforcement officer needs a wrecker for a towable violation, and once the towing
service has been requested by the officer at the violation site and the operator has advised the officer
that he is en route to the request, should the owner or driver of the vehicle in violation return to the
vehicle site before the operator has arrived at the vehicle, or before the operator has departed with
the vehicle, and upon the officer's authorization to release the vehicle to the owner or driver, then the
owner or driver of the vehicle shall pay a charge of not more than one-half of the maximum rate for
the class of towing service called for. A wrecker operator may dispatch a heavier class of wrecker to the
site but may charge no more than the rates applicable to the type of service required. Should a vehicle
that requires towing be trailering a recreational vehicle, boat, or other type of trailer, and only one
wrecker is required to remove the vehicle and its trailer, only one tow charge may be levied for the
combined length of the vehicle and its trailered accessory.
(4) Every wrecker operator shall conspicuously display at his place of business the maximum charge that
he may impose for the towing and storage services covered by this section.
(f) Storage facilities.
(1) The wrecker operator shall provide storage for all towed vehicles in an outside storage area unless
specific written instructions are given for inside storage by a law enforcement officer. If directed by a
law enforcement officer for investigative purposes, the wrecker operator shall move the vehicle to a
designated area for processing prior to storage. In such instance, the law enforcement agency will not
authorize release of the vehicle until all outstanding charges by the operator, as authorized by this
section have been satisfied.
(2) The storage facility must be properly zoned for such use within the applicable jurisdiction, owned or
leased solely by the wrecker operator, and vehicles stored by the operator must be separately fenced
and locked. In no event shall a vehicle towed within the village be taken to a storage facility located
more than 30 miles from the location from which the vehicle was towed.
(3) The registered owner of a vehicle or the owner's representatives or owner's insurance adjusters, upon
proper identification, shall be permitted to inspect or photograph stored vehicles during the hours of
8:00 a.m. to 6:00 p.m., Monday through Friday. The wrecker operator shall not require the owner,
adjuster or representative to pay any fee in order to inspect or photograph the stored vehicle.
(4) All fencing shall be chainlink or solid-wall type and at least six feet in height where permissible under
the applicable zoning and land use regulations of the jurisdiction where it is located, to discourage
theft of any vehicle or any property being stored inside. All storage facilities shall be illuminated with
lighting of sufficient intensity to reveal persons and vehicles at a distance of at least 150 feet during
nighttime.
#±¤ ³¤£Ÿ ʆʂʆʅŻʂʊŻʆʉ ʅʂŸʈʍŸʈʊ Ơ%34ơ
(Supp. No. 23)
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(5) Permanent inside storage within a weather-tight building must be available for 24-hour storage when
weather or other conditions require inside storage for the protection of the vehicle or personal
property. A lean-to, tent or shed does not meet the requirements of this subsection.
(6) A minimum of 25 storage spaces with three inside storage spaces must be available at all times. Service
bays or repair bays do not qualify as inside storage, nor does any area that is used for any activity other
than serving as a permanent inside storage area, when vehicles are actually stored inside at the
request of a law enforcement agent.
(7) Wrecker operators shall comply with hold orders placed by a law enforcement agency, including any
instructions for inside or outside storage. Vehicles involved in a fatality and sealed by the traffic
homicide investigator shall remain intact until the seals are removed by the investigator. No property
of any kind shall be released to anyone without authority of the homicide investigator. If no fatality
occurred, then the vehicle and the property may be released by the wrecker operator upon valid proof
of ownership once the hold is released.
(8) For tows authorized at the request of a law enforcement officer, a copy of an inventory prepared by
the law enforcement agency of all personal property found in the vehicle shall be provided to the
wrecker operator. The wrecker operator shall permit the removal of such property by the vehicle
owner or his agent from a stored vehicle during normal business hours without charge. The agent's
authority shall be evidenced by a writing acknowledged by the owner before a notary public or other
person empowered by law to administer oaths. A signed receipt for each article removed by the owner
or his agent shall be obtained. Personal property shall be defined as any item not affixed to the vehicle
that was in the vehicle at the time of the tow. In the case of vehicles stored where no "hold order" has
been placed, the wrecker operator will directly release any vehicle upon presentation of proper proof
of identification and ownership. If these conditions cannot be met due to unusual or extraordinary
circumstances, the vehicle will be released only upon authorization obtained from the law
enforcement agency.
(9) Wrecker operators handling the initial tow shall exercise reasonable care and control of parts and
contents located in vehicles while under their protection or while in storage.
(10) During the hours from 8:00 a.m. to 6:00 p.m., Monday through Friday, wrecker operators shall provide
adequate staffing at the storage facility so that personal property may be removed from the vehicle or
the vehicle itself may be released without undue delay.
(11) Should it become necessary that personal property be removed from a vehicle or a vehicle be released
when the storage facility is not staffed, the wrecker operator shall be required to do so and shall be
allowed to charge a reasonable fee.
(g) Licensing of wrecker operator; right to operate within the village.
(1) All wrecker operators of all wrecker classifications subject to this section and operating within the
village shall hold a wrecker operator license with the village in order to legally operate within the
village limits.
(2) Wrecker operators subject to this section and operating within the village limits shall be required to
renew the wrecker operator license with the village clerk on an annual basis. Each wrecker operator
license shall be renewed no later than October 1 of each calendar year. The annual license fee and
penalty for late renewal shall be as provided by resolution of the village council. The village manager
shall create a wrecker operator license application which shall require the wrecker operator to
demonstrate compliance with the requirements of this section.
(h) Operation of wrecker operator on private property.
#±¤ ³¤£Ÿ ʆʂʆʅŻʂʊŻʆʉ ʅʂŸʈʍŸʈʊ Ơ%34ơ
(Supp. No. 23)
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(1) Wrecker operators must register all private properties posted as identified in F.S. § 715.07(2)(a) with
the village clerk prior to the placement of signage identified in F.S. §715.07(2)(a). Said registration shall
include a letter from the property owner or person authorized by the property owner or lessee
indicating that said posting has been requested and approved by the property owner. Such letter must
be either notarized or signed by the property owner or authorized person in the presence of two
witnesses.
(2) If posted notice subject to F.S. § 715.07(2)(a) is removed for any reason by the wrecker operator, the
village clerk shall be notified within 15 days of the removal.
(3) In the event that the owner or operator of a vehicle is present when a wrecker operator arrives to tow,
the wrecker operator shall give a verbal warning and at least five minutes for the owner or operator of
the vehicle to remove the vehicle from the property before initiating the tow.
(4) In no event shall a wrecker operator initiate a tow when the owner or operator of the vehicle in
question is present at the vehicle location, or in the vehicle.
(5) Neither the property owner nor the person authorized by the property owner shall have any interest in
nor be affiliated with the wrecker operator towing the vehicle from the property owner's property.
(i) Jurisdiction. In the case of an operator who provides towing and removal service covered by this section but
provides vehicle storage service in Monroe County or within another municipality, this section shall govern
the storage service unless Monroe County or the municipality has adopted and maintains in effect
ordinances or regulations governing the same subject matter.
(j) Penalties. All law enforcement officials are hereby authorized to assist in the enforcement of this section to
the extent that it is within their respective jurisdictions to do so.
(1) It shall be unlawful for any person or entity to violate or fail to comply with any provision of this
section. Any such violation shall be punishable in accordance with section 2-111 of the Code. Each day
that any provision of this section is violated shall constitute a separate offense hereunder.
(2) The penalties described in this subsection shall be in addition to the abatement of the violating
condition or any other equitable relief. Should any person violate or fail to comply with any provision
of this section, the office of the village attorney may make application to the Circuit Court for the
Sixteenth Judicial Circuit of Florida for an order to enjoin such violation or failure of compliance.
(k) Suspension and revocation of wrecker operator license. In addition to the penalties described above, any
wrecker operator who is found to have violated this section on two or more occasions shall be subject to the
suspension or revocation of its wrecker operator license. Within ten days of a finding that a wrecker operator
has violated two or more provisions of this section, the village manager shall schedule a hearing with the
violator. The village manager shall hear testimony and/or evidence of the nature of the violations and any
circumstances associated therewith. After such hearing the village manager may, by written notification to
the wrecker operator, suspend or revoke the violator's wrecker operator license for a period of up to one
year based upon the gravity and frequency of the violations. The violator may appeal the village manager's
decision to the village council by filing written notice with the village clerk within five days of the village
manager's written determination. The village council shall set the matter for hearing for the next regularly
scheduled village council meeting, and shall provide the wrecker operator with written notice of the hearing
no later than 15 days prior to the date of the hearing. By majority vote, the village council may affirm,
reverse or modify the decision of the village manager based upon the factors considered by the village
manager and those brought before the village council at hearing.
(l) Refunds of towing fees charged in violation of this section. Any determination of a violation of this section or
applicable Florida law shall result in the refund of any towing charge collected from the owner of an
improperly towed vehicle.
#±¤ ³¤£Ÿ ʆʂʆʅŻʂʊŻʆʉ ʅʂŸʈʍŸʈʊ Ơ%34ơ
(Supp. No. 23)
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(m) Drop return of owner prior to tow; fees.
(1) A towing service operating within the city shall not tow a vehicle or charge for its services when the
registered owner or agent arrives at the scene prior to the towing, unless:
a. The registered owner or agent refuses to remove the vehicle; or
b. The vehicle has already been connected to the towing removal apparatus and the registered
owner or agent, lessee, or agent refuses to pay a service fee (drop fee) of not more than one-half
the rate contained herein for such towing service.
(2) When a vehicle owner or agent agrees to pay a service fee (drop fee) in applicable circumstances, the
tow truck operator shall wait a minimum of 20 minutes at the location of the drop to allow the vehicle
owner or agent to secure payment funds for the fees enumerated herein at the location of the drop.
(3) Within 20 minutes of payment of a drop fee, the tow truck operator shall disconnect the vehicle from
the tow truck and return control of the vehicle to the owner or agent. The tow truck operator shall
provide a written receipt as required herein.
(4) A person in the process of towing or removing a vehicle from any private property where the vehicle
was not lawfully parked must stop when a person seeks the return of the vehicle.
(5) No fee shall be charged if it is determined that the vehicle was lawfully parked.
(6) The towing service shall accept payment of any drop fee or any immobilization fee (drop or otherwise)
at the site at which the tow commenced or the vehicle was immobilized, or at any other location within
one-half mile of the vehicle location. No person shall be required to travel more than one-half mile
from an immobilized vehicle in order to pay a drop fee. Only persons whose immobilized vehicles are
also lawfully towed will be required to pay fees at the location of the stored vehicle as described
herein.
(Ord. No. 12-10, § 2, 9-12-2012; Ord. No. 14-09, § 2, 5-22-2014)
#±¤ ³¤£Ÿ ʆʂʆʅŻʂʊŻʆʉ ʅʂŸʈʍŸʈʊ Ơ%34ơ
(Supp. No. 23)
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Qbdlfu!Qh/!2987
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Qbdlfu!Qh/!2988
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Qbdlfu!Qh/!298:
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{Ļĭ͵ АЉΏАЉЏ͵ bĻǞ ğƦƦƌźĭğƷźƚƓƭΉƩĻƓĻǞğƌƭ ğƓķ źƭƭǒğƓĭĻ ƚŅ ƓƚƓΏĭƚƓƭĻƓƭǒğƌ ƷƚǞ ƦĻƩƒźƷͳ ŅĻĻƭ͵
(a) Permit.
(1) The Division shall issue a non-consensual tow permit to persons that have met the requirements as
provided for in this division.
(2) If the non-consensual tow applicant holds a valid towing license issued pursuant to section 70-650, the
non-consensual tow permit shall be issued upon request and payment as described in subsection 70-
706(l).
(b) Every application/renewal for an operating permit shall be in writing, signed and verified by the applicant,
and filed with the Division. The application/renewal shall be on a form prescribed by the Division and shall
contain the same information required by Key West City Code of Ordinances subsection 70-650(1)(e).
(c) The Division shall review and investigate each application/renewal of a non-consensual tow permit and shall
deny any application/renewal that is incomplete or untrue in whole or in part, or which fails in any way to
meet the requirements of this division.
(d) The applicant must submit to a background check, and to be eligible for a non-consensual tow permit the
Division must find that:
(1) Neither the applicant, nor any officer, director or partner of the applicant, nor any stockholder owning,
holding, controlling or having a beneficial interest in five percent or more of the issued and outstanding
stock of a corporate general partner of a partnership applicant, has a currently suspended permit, has
had its permit revoked by action of the licensing official within two years of the date of application, or
has outstanding and unsatisfied civil penalties imposed on account of violations of this article.
(2) Neither the applicant, nor any officer, director or partner of the applicant, nor any stockholder owning,
holding, controlling or having a beneficial interest in five percent or more of the issued and outstanding
stock of a corporate general partner of a partnership applicant, has been convicted of one or more
felonies within the preceding five years; or that three misdemeanors have been committed within the
36-month period preceding the date of the application, unless the civil rights of such individual or
applicant have been restored or that such person has successfully completed all sentences of
incarceration, probationary periods, required rehabilitation activities and payment of all fines and
penalties imposed. For applicants requesting renewal, the licensing official may only consider crimes
committed after the date the applicant obtained his license, unless such crimes were not previously
disclosed in the original application.
(3) Each corporate or partnership application is qualified under the state law to do business under the
trade name or names under which it has applied for a license.
(4) No fraud or willful or knowing misrepresentation or false statement was made in the application.
(5) No judgment against the applicant arising out of the activity of recovery, towing or removing a vehicle
or providing storage in connection therewith remains unsatisfied, unless a stay or reversal of the
judgment is procured through the courts.
(6) No outstanding warrants of arrest against the applicant nor any officer, director or partner of the
applicant, nor any stockholder owning, holding, controlling or having a beneficial interest in five
percent or more of the issued and outstanding stock of a corporate general partner of a partnership
applicant.
(e) If there are six months or less remaining before the annual renewal period, the nonrefundable fee for the
non-consensual tow permit shall be 50 percent of the approved fee, otherwise all other fees are applicable.
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#±¤ ³¤£Ÿ ʆʂʆʅŻʅʆŻʅʋ ʅʈŸʂʍŸʅʇ Ơ%34ơ
(Supp. No. 82)
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(f) Except for the initial permit, each non-consensual tow permit issued pursuant to this section shall be valid
and effective for a maximum of one year. Each non-consensual tow permit shall terminate on June 30 of
each year.
(g) Persons failing to submit a complete and true application within 30 calendar days after the Division's receipt
and any notification of the incompleteness of the application shall be denied a non-consensual tow permit.
(h) All non-consensual tow permits shall be renewed annually. As a part of the renewal process, the original
application shall be updated and verified by the applicant. Each updated renewal application shall be
accompanied by a nonrefundable fee. All non-consensual tow permits which are not renewed shall
automatically expire upon the expiration date of the permit, and all non-consensual tows shall cease
immediately. The Division shall deny each renewal application that is not timely, is incomplete, is untrue in
whole or in part, is unaccompanied by the required fees, or results in a determination by the Division that
the applicant has failed to satisfy the requirements of this article.
(i) After initial application and upon renewal, the applicant shall submit to a background investigation every
other year.
(j) Each non-consensual tow permit shall be printed on a certificate containing, at a minimum, the name and
address of the company, the name of the principal, the dates the operating permit is in effect, and any
identifying number assigned by the Division to the company. The non-consensual tow permit certificate
issued by the Division shall remain the property of the City of Key West and shall be used only under the
authority of the division.
(k) A non-consensual tow permit issued or renewed pursuant to the provisions of this section shall not be
transferable, nor shall the ownership structure of the operating permit be so modified as to constitute a
change in the control or ownership of the operating permit. If the business changes its name or ownership
structure, a new business permit application and the business application permit fee shall be submitted to
the division within 45 days of said change. In cases where the name of the business changes, the new
business will be required to have each vehicle inspected and must also pay decal/vehicle fees.
(l) An initial application fee of $200.00 shall contemporaneously be submitted to the licensing division. Annual
renewal fee shall be $150.00.
(m) Failure to comply with the provisions of this division shall result in denial of a non-consensual tow permit,
revocation or suspension of the permit, a denial of renewal of such permit, issuance of a civil citation, a
criminal conviction and/or other such remedies available to the Division as specified herein.
(Ord. No. 11-22, § 6, 12-6-2011)
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(Supp. No. 82)
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{Ļĭ͵ АЉΏАЉА͵ ağǣźƒǒƒ ƩğƷĻƭ ŅƚƩ ƓƚƓΏĭƚƓƭĻƓƭǒğƌ ƷƚǞźƓŭ ƭĻƩǝźĭĻƭ͵
(a) The maximum rate for nonconsensual private towing services shall be as follows:
(1) $135.00 for mopeds, motorcycles, cars and vehicles/vessels weighing 10,000 pounds or less.
(2) $200.00 for vehicles/vessels weighing between 10,001 and 20,000 pounds.
(3) $485.00 for vehicles/vessels weighing in excess of 20,000 pounds.
(4) A labor rate of up to a maximum of $135.00 per hour may be applied in circumstances where
extraordinary effort, such as the use of multiple tow trucks, is required.
(b) Storage fees may be charged only after the vehicle has been in the storage facility for at least six hours. If the
vehicle is not recovered by the vehicle/vessel owner after the six-hour time period has elapsed, then storage
charges shall accrue in 24-hour increments from the time the vehicle/vessel arrived in the storage facility at
the rate of $30.00 per day for outside storage plus $2.00 per foot for motor vehicles over 20 feet long and
$40.00 per day for inside storage plus $2.00 per foot for motor vehicles over 20 feet long.
(c) An administrative/lien fee in the maximum amount of $25.00 shall be charged for all vehicles. A
notification/lien fee of $50.00 for the first notification and $20.00 for each additional letter shall only be
charged after the vehicle/vessel has been in the storage facility for at least 24 hours. The non-consent tow
truck company must show proof that lien letter(s) have been prepared with the appropriate
names/addresses (i.e., U.S. Mail Certification Number, correspondence copies, etc.) and that actual fees for
obtaining required ownership information have been expended. Failure to document and provide all of the
above-required information will result in administrative/lien fee charges being removed from the total cost
of the service/invoice and is a violation of this division. Prior to instituting such charge, the tow company
must provide such documentation to the vehicle/vessel owner upon demand.
(d) After-hour gate fees may not be applied between the hours of 8:00 a.m. and 5:00 p.m. Monday through
Friday (excluding federal holidays). The maximum amount of such after-hours gate fee shall be $75.00.
(e) Persons who provide services pursuant to this division shall not charge in excess of the maximum allowable
rates established by the commission. No person providing services pursuant to this section shall charge any
type of fee other than the rates the commission has specifically established. Persons who provide non-
consensual tow services from the city to a location outside the city shall abide by the terms of this division
including all rates and charges adopted by the commission.
(f) Persons who provide non-consensual tow services pursuant to this division shall provide a City of Key West,
Florida Maximum Non-Consent Towing Rates sheet to the vehicle or vessel owner upon request at the time
of payment.
(g) Upon payment of the fees specified herein, persons who provide non-consensual tow services in areas where
the speed limit exceeds 35 mph shall make reasonable arrangements to return any noncommercially owned
moped, electric car and similar reduced-speed vehicle to the Key West city limit without charge to the
vehicle owner.
(Ord. No. 11-22, § 7, 12-6-2011; Ord. No. 15-18, § 1, 12-16-2015)
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(Supp. No. 82)
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{Ļĭ͵ ЊАΏЏ͵ tğƩƉźƓŭ ƩĻƭƷƩźĭƷĻķ ƚƓ ƩźŭŷƷΏƚŅΏǞğǤ źƓ YĻǤ /ƚƌƚƓǤ .Ļğĭŷ {ǒĬķźǝźƭźƚƓ͵
Parking in the right-of-way of 1st Street, 2nd Street, 3rd Street, 4th Street, 5th Street and East Ocean Drive,
Key Colony Beach Subdivision, shall be limited to the property owners on those streets and their guests (including
renters). Parking in the right-of-way in front of, and in the case of corner lots also on the side of, any property on
those streets is not permitted, except by permission of that property's resident.
Violation of this section shall result in the issuance of a ticket to the violator.
The penalty for a parking violation shall be thirty dollars ($30.00) per occurrence. A violation of a duration of
twelve (12) hours shall be deemed a new violation, and result in the issuance of additional tickets and/or the
vehicle shall be towed at the owner's expense.
(Ord. No. 372-2004, 5-13-04)
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(Supp. No. 30)
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