BEFORE THE BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA ORDINANCE NO. 610 AN ORDINANCE ESTABLISHING A MECHANISM FOR THE MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS TO ESTABLISH MAXIMUM VEHICLE TOWING AND STORAGE RATES; PROVIDING FOR PENALTIES; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFEC- TIVE DATE, AND CODIFICATION. WHEREAS, the Board of County Commissioners is authorized pursuant to Chapter l25, Florida Statutes, to adopt Ordinances; and WHEREAS, pursuant to Florida Statute 125.0103(c), counties must establish maximum rates which may be charged on towing of vehicles from or immobilization of vehicles on private property, removal and storage of wrecked or disabled vehicles from an accident scene or for the removal and storage of vehicles, in the event the owner or operator is incapacitated, unavailable, leaves the procurement of wrecker service to the law enforcement officer at the scene, or otherwise does not consent to the removal of the vehicle; and WHEREAS, Section 715.07, F.S., regulates the prerequisites and conditions for the towing of vehicles from private property and authorizes this Board to regulate rates when vehicles are towed from private property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MARTIN COUNTY, FLORIDA, THAT: PART ONE. The following Section is hereby added to Chapter 24½ - Motor Vehicles and Traffic: Sec. 24½-14 Maximum vehicle towing and storage rates; penalties. (a) The county commission shall, by resolution, establish maximum rates for providing recovery, towing, removal and storage services for vehicles at the request of the sheriff s office or other law enforcement officer, or a property owner or authorized representative, without the prior consent of the vehicle owner or other authorized person in control of the vehicle. From time to time, the maximum rates established by the county commission may be altered, revised, increased or decreased by resolution.
(b Persons who provide services pursuant to this section 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 fees for which the county commission has established specific rates. (c) Each operator shall maintain a rate sheet specifying all rates and charges, which shall be given by the wrecker driver to the requesting vehicle owner or his authorized representative prior to commencing the service. (d) Violation of this section is a misdemeanor pursuant to Section 125.69, Florida Statutes, and is punishable under said section by imprisonment for up to sixty (60) days, or a fine of up to $500.00, or both such imprisonment and fine. PART TWO: CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of Martin County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART THREE: SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. PART FOUR: APPLICABILITY. This ordinance shall be applicable throughout Martin County s jurisdiction except where in conflict with a municipal ordinance to the extent of such conflict. PART FIVE: FILING WITH DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code, Department of State, 401 South Monroe Street, Elliott Building, Tallahassee, Florida, 32399-0250. PART SIX: EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART SEVEN: CODIFICATION. Provisions of this ordinance shall be incorporated in the County Code and the word "ordinance" may be changed to "section", "article" or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts two through seven shall not be codified.
DULY PASSED AND ADOPTED THIS 23RD DAY OF APRIL, 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA MARSHA EWING, CLERK ELMIRA R. GAINEY, CHAIRPERSON APPROVED AS TO FORM AND CORRECTNESS: STEPHEN FRY, COUNTY ATTORNEY _