§ 75-9. Maximum rates for towing and storage.

(a)

The city council shall establish maximum towing and storage rates by separate resolution. In determining such rates the council shall consider:

(1)

Costs incurred by the wrecker operator in the storage of vehicles, including the rental or purchase of property, insurance premiums, and maintenance of storage facilities,

(2)

Costs incurred by the wrecker operator in the removal of vehicles including maintenance and operation of wrecker units;

(b)

Rates set by the city council shall consist of the following rate schedule. Separate rates may be established for each tow truck classification (A, B, C, roll-back).

(1)

Base rate. The basic charge for responding to a call within the city limits. It includes attaching to the disabled vehicle and towing it to the place of storage. It also includes no more than a 30-minute wait at the accident scene before commencing actual retrieval. Any waiting time at the scene beyond 30 minutes may be charged at the hourly rate as defined below. Such waiting time shall be documented and approved by the city police department officer at the accident scene.

(2)

Hourly Rate. The per hour charge for use of a wrecker in retrieving submerged vehicles, upright overturned vehicles, retrieval from ditches or the attachment of dollies. It does not include travel time or the first 30 minutes of working or waiting time on the scene. There shall be no separate charge for winching. The city police department officer on the accident scene must sign the tow log possessed by the wrecker operator indicating the total amount of time spent at the accident scene prior to the wrecker company charging for such time.

(3)

Daily outside storage rate. The daily rate for storing a vehicle in outside storage based on a 24-hour day, each day starting at 12:01 a.m. The initial six hours of storage shall be without charge pursuant to F.S. § 713.78(2)(c). Thereafter, the daily rate will apply and any fraction of a day will count as a full day.

(4)

Daily inside storage rate. The separate rate charged for inside storage according to the same criteria as that set forth above for outside storage.

(c)

A maximum of $30.00 may be charged to the owner/driver of a vehicle towed or stored for the preparation, filing or mailing of any forms required by Florida Statutes, local ordinance or the city, if a vehicle is in storage for more than 24 hours. This paragraph does not apply to any action initiated by a wrecker operator to foreclose a lien recognized by Florida law.

(d)

Any wrecker operator qualified under these rules who charges a fee for a particular service or services in excess of the rates established by this rule will be subject to sanctions as set forth in this rule. A wrecker operator shall not charge the base towing rate fee for a call resulting in service only to a disabled motorist which does not involve towing the vehicle from the scene.

(Ord. No. 5777, § 1, 1-8-08)