§ 10.3-63. Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Administrative fee shall mean the one-time charge a towing service may legally impose once the vehicle has been placed in a towing service's storage area in the amount of forty-five dollars ($45.00) plus an additional ten dollars ($10.00) per certified letter sent after three (3) days in storage, not to exceed seventy-five dollars ($75.00) in total.

Cover vehicle shall mean the one-time charge a towing service may legally impose to cover a vehicle with plastic, canvas, or the like, to protect the contents of the vehicle from exposure to the elements.

Maximum charge shall mean the maximum amount a tow truck operator may impose for nonconsensual towing services as established by a resolution of the board of county commissioners of Polk County.

Nonbusiness hour access charge shall mean the one-time charge a towing service may legally impose to provide access to the owner, lessee, or agent of a vehicle between the hours of 5:00 p.m. and 8:00 a.m. of the next business day. For the purposes of this division, business day shall mean Monday through Friday, excluding holidays, unless the towing service is open to the public on any particular Saturday, Sunday, or holiday that the owner, lessee or agent of the vehicle requests access to the vehicle.

Nonconsensual towing service charge shall mean the one-time charge a towing service may legally impose to provide towing service made from private property in compliance with Section 715.07, Florida Statutes, and towing services requested by law enforcement officers without the prior consent or authorization of the owner, lessee or operator as a result of an emergency situation such as a vehicle crash or incident to an arrest that shall include the first thirty (30) minutes that the tow truck operator has arrived at the location of the vehicle requiring towing services. This charge includes the first thirty (30) minutes of waiting time prior to hook up or after hook up is completed and includes all ordinary clean up, equipment and materials required to complete the service.

Per mile charge shall mean the per unit charge (one way only) a towing service may legally impose from the location that the tow truck operator receives the call out to the location of the vehicle requiring towing service.

Storage charge shall mean the per unit charge (calendar day) a towing service may legally impose once a vehicle has been placed in the towing service's storage area; provided, however, an owner, lessee, or agent of a vehicle may recover/redeem their vehicle without responsibility for a storage charge if they have presented themselves at the towing service within six (6) hours of the placement of the vehicle in the storage area and the payment of all other lawful charges of the towing service.

Tow truck operator shall mean a properly licensed individual who regularly engages in recovering, towing, and storing vehicles, who registers with the Polk County Sheriff's Office to provide towing service from private property in compliance with Section 715.07, Florida Statutes, and towing services requested by law enforcement officers without the prior consent or authorization of the owner, lessee, agent or operator as a result of an emergency situation such as a vehicle crash or incident to an arrest. For the purposes of this division, tow truck operator shall be deemed to include the business entity that the tow truck operator works for and its affiliates.

Waiting time or recovery/work/labor time shall mean the per unit charge (thirty-minute increments) a towing service may legally impose commencing thirty (30) minutes after the tow truck operator has arrived at the location of the vehicle requiring towing services and ending when the tow truck operator commences his or her return to the location where the vehicle will be dropped off.

(Ord. No. 08-065, § 3, 12-3-08)