§ 7-384. Requirements for towing from private property.

(a)

Prior to towing of any vehicle, the property owner and the tow truck operator shall have executed a written agreement which shall, at a minimum, contain the following provisions:

(1)

The name and address of the property owner requesting the tow;

(2)

The location and description of the property from which the vehicle(s) will be towed;

(3)

The duration of the agreement;

(4)

The time of day that such towing is authorized;

(5)

The days of the week that such towing is authorized;

(6)

An enumerated list of all fees to be charged to both the property owner and vehicle owner;

(7)

The address and description of the location where the vehicle will be towed and stored. Said storage site must be located within a ten-mile radius of the point where the tow originates; and,

(8)

The signature of both the property owner and the tow truck operator, certifying that each has read and is in compliance with the provisions of F.S. § 715.07, the Broward County Code, and the provisions of this article.

The above requirement of a written agreement shall not apply to the removal of a vehicle from property appurtenant to and obviously part of a single-family residence or where the vehicle is parked in such a manner that restricts the normal operation of a business or where a vehicle, which is parked in a public right-of-way, obstructs access to a private driveway and the property owner signs an authorization that the vehicle be removed without a posted "no parking" or "tow-away zone" sign.

(b)

A copy of the executed agreement described in paragraph (a) above shall be filed by the tow truck operator with the city police department. Said agreement shall be nontransferable. The tow truck operator shall be responsible for advising the city police department within two (2) business days of any changes, amendments, or modifications to, or rescissions of, the agreement.

(c)

No tow truck operator shall tow a vehicle located within the city unless the operator shall file and keep on record with the city police department a complete copy of the current rates charged for the towing and storage of a vehicle.

(d)

Any tow truck operator towing within the city shall, within thirty (30) minutes of the completion of any tow, notify the city police department of the towing; the storage site, the time the vehicle was towed or removed; the make, model, year, color, vehicle identification number (VIN) and license plate number of the vehicle.

(e)

Any vehicle towed shall be towed directly to the storage site owned or leased by the tow truck operator and the vehicle shall not be kept in any temporary holding or staging area.

(f)

The tow truck operator shall accept at a minimum: cash, credit card and debit card, with no additional charge if credit card or debit card is utilized. If payment is made with cash, the tow truck operator shall provide change to the closest whole dollar and may not condition payment on the owner having exact change. A person paying by check shall not be required to present more than one (1) form of picture identification. A tow truck operator may accept any other form of payment offered.

(g)

A tow truck operator shall not contract or sub-contract with another tow truck operator to tow, remove or store a vehicle. The tow truck operator listed on the contract filed with the city police department must be the tow truck operator that actually performs the towing, removal and storage of the vehicle.

(h)

Except for any property which is vacant, unimproved and upon which no structure is constructed, the property owner or his agent shall have given an express instruction to a tow truck operator to tow a vehicle. The express instruction shall be evidenced by the physical presence of the property owner or his agent at the time of the towing, and by the written statement and signature of the property owner or his agent on the receipt to be furnished to the owner or operator of the vehicle being towed or removed that the vehicle was towed and removed based on his express instruction. An agent for a property owner shall not be an officer, agent or employee of the tow truck operator. An express instruction shall be considered to have been given only if the instruction does not occur in advance of the actual unauthorized parking of the vehicle or if the instruction is not general in nature and is related to specific, individual and identifiable vehicles which are already parked without authorization. The property owner shall be responsible for maintaining copies of all written authorizations required in this section for a period of six (6) months after each authorization is given.

(i)

Each tow truck operator shall staff or monitor its telephone at all times and immediately advise any vehicle owner or authorized representative who calls by telephone prior to arriving at the storage site of the following:

(1)

Each and every document or other item which must be produced to retrieve the vehicle;

(2)

The exact charges as of the time of the telephone call, and the rate at which charges will accumulate thereafter;

(3)

The acceptable method of payment; and,

(4)

That the vehicle can be picked up within one (1) hour of request.

(j)

The tow truck operator shall provide a written bill to the owner or operator of the vehicle detailing the charges to date.

(k)

The tow truck operator shall provide, at the time of payment, a written receipt of all charges imposed and received from the owner or operator of a vehicle resulting from the towing of a vehicle. Said receipt shall include at a minimum:

(1)

The date, time, and location of the tow;

(2)

The total charges listed individually and specifically; and,

(3)

The date and time of payment of the charges.

(l)

The tow truck operator shall prepare and maintain a tow data sheet which shall include, but not be limited to, the following information:

(1)

The name of the tow truck operator and driver performing the towing service;

(2)

The location from which the vehicle was towed;

(3)

The date and time the tow was initiated;

(4)

The destination to which the vehicle was taken;

(5)

The description of the vehicle including the make, model, year, color, vehicle identification number (VIN), and license plate number;

(6)

The time and date the city police department was contacted by the tow truck operator;

(7)

The description of the services rendered, including an itemized list of all charges; and,

(8)

The date and time the vehicle was returned to the owner and the identity of that owner.

(m)

All tow truck operators shall keep all such tow sheets on file for a period of one (1) year and shall make them available to any city police officer upon request during normal business hours.

(n)

No tow truck operator shall tow a vehicle when there is a person occupying the vehicle.

(o)

The tow truck operator shall take photographs of the front, back and sides of the vehicle to be towed prior to any connection to the tow truck. The photographs shall be of sufficient detail and quality to demonstrate the condition of the vehicle and any preexisting damage to the vehicle. The photographs shall be date and time stamped and shall be maintained by the tow truck operator for a minimum period of one (1) year. Photographs shall be available for viewing the following business day. There shall be no charge for viewing the photographs. Vehicle owners shall be permitted to inspect the vehicle and take photographs of the vehicle prior to the vehicle's release from the storage site.

(Ord. No. 545, § 2, 12-28-11; Ord. No. 545-12-A, § 3, 2-28-12, eff. 5-1-12; Ord. No. 545-12-B, § 2, 5-22-12)