Orange County Towing Ordinance

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Orange County Towing Ordinance
Warren Geltch Assistant County Administrator
August 19, 2008
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Agenda

• Background
• Current Maximum Rates
• Recommended Towing Rates
• Immobilization of Vehicles
• Other Ordinance Provisions

3
Agenda

• Background
• Current Maximum Rates
• Recommended Towing Rates
• Immobilization of Vehicles
• Other Ordinance Provisions

4
Background

• BCC Adopted the Current Towing Ordinance in
  November 1998
• Some Rates were Adjusted in 2001
• Ordinance was Discussed with the Board on June
  24, 2008

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Types of Towing

• Trespass towing
• Removal from private property without consent of
  the vehicle owner
• Requires prior notice to Sheriffs Office
• Requires written agreement between towing company
  and private property owner
• Maximum rates for specific size (class) of
  vehicle towed
• Nonconsensual towing
• Removal from accident scene
• Removal of abandoned vehicle

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Agenda

• Background
• Current Maximum Rates
• Recommended Towing Rates
• Immobilization of Vehicles
• Other Ordinance Provisions

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Current Maximum Rates

• Trespass and Nonconsensual Towing
• Class A 10K lbs. or less
• Flat rate 110
• Per mile over 10 miles 3
• Per quarter hour over 30 minutes _at_ the scene 15
• Storage per day 20
• Administrative Fee (after 48 hours) 35 (for all
  classes)
• Class B 10K-19.5K lbs.
• Flat rate 200
• Per mile over 10 miles 4
• Per quarter hour over 30 minutes _at_ the scene 15
• Storage per day 30

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Current Maximum Rates

• Trespass and Nonconsensual Towing
• Class C 19.5K-25K lbs.
• Flat rate 300
• Per mile over 10 miles 5
• Per quarter hour over 30 minutes _at_ the scene 75
• Storage per day 60
• Class D Over 25K lbs.
• Flat rate 400
• Per mile over 10 miles 6
• Per quarter hour over 30 minutes _at_ the scene
  100
• Storage per day 60

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Agenda

• Background
• Current Maximum Rates
• Recommended Towing Rates
• Immobilization of Vehicles
• Other Ordinance Provisions

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Towing Rates

• The Following Changes to the Towing Rates are
  Recommended for Both Trespass and Nonconsensual
  Towing
• Adjust Class A maximum flat rate by CPI and fuel
  index from 110 to 125
• Adjust Class B, C, and D maximum flat rates by
  CPI and fuel index to multiples of 2, 3, and 4
  respectively
• Adjust the administrative fee (after 48 hours) by
  CPI and costs from 35 to 45

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Agenda

• Background
• Current Maximum Rates
• Recommended Towing Rates
• Immobilization of Vehicles
• Other Ordinance Provisions

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Immobilization of Vehicles

• Immobilization Definition
• Rendering a vehicle incapable of moving
• Use of the Club, boot, or other mechanical
  device
• Current Ordinance Does Not Address Immobilization

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Immobilization

• Revised Ordinance Prohibits Immobilization in
  Unincorporated Orange County Unless Otherwise
  Permitted by Law
• Some Examples Where Immobilization is Permitted
• F.S. 316.191 by court order for persons involved
  in drag racing
• F.S. 316.193 by court order for DUI convictions
• F.S. 320.02 certain unregistered vehicles by the
  DMV
• F.S. 322.34 by law enforcement if driving while
  license suspended, revoked, cancelled, or
  disqualified
• F.S. 327.25 boating vessels for boating under the
  influence.
• Revised Ordinance Allows a Maximum Fee of 22 for
  Immobilization in All Instances

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Agenda

• Background
• Current Maximum Rates
• Recommended Towing Rates
• Immobilization of Vehicles
• Other Ordinance Provisions

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Other Ordinance Provisions

• No Towing (or Immobilization)
• Occupied vehicle
• Emergency or law enforcement vehicle
• Delivery vehicle (while delivering)
• No Solicitation or Rebates from Private Property
  Owners
• Complaint Process
• Consumer Fraud Unit
• Code Enforcement Division
• Enforcement Provisions

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Staff Recommendation

• Request Board Approve the Revised Towing
  Ordinance as Submitted

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• Questions and Discussion

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Changes to Rates Since 1998

• Rate Increase Approved in October 2001 for Both
  Trespass and Nonconsensual Towing
• Flat rate for Class A vehicles adjusted from 100
  to 110
• Administrative fee (after 48 hours) for all
  classes adjusted from 30 to 35
• Request for Rate Increase from Towing Industry in
  2005 Was Not Submitted to Board for Approval

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Research and Analysis

• Towing Operational Costs
• Various Indices
• CPI
• Fuel Index
• Labor Indices
• Rates at Other Counties

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What Are the Costs to Tow a Vehicle?

• Drivers
• Administrative Costs
• Wreckers
• Fuel
• Business Operations, Overhead and Equipment
• Staff Salaries and Benefits
• Profit

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Wrecker Service Costs
Source Professional Wrecker Operators of
Florida, Inc.
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Administrative Fees Stored Vehicles

• Data Entry/DMV Research
• Out of State VIN Verification
• Print Letters/Envelopes to Owners of Vehicles
• Record/Log/Stamp/Mail
• Transport to Post Office
• Pay for Certified Letters
• Copy Notarize Log Book
• Prepare Paperwork for Tag Office on Sale Vehicles
• Transport to Tag Office
• Advertise Vehicles in Newspaper
• Cost per CD per Vehicle
• Prepare Paperwork for Wrecker Lien
• Miscellaneous Supplies
• Auctioneer Fee

Total Cost per Vehicle 37 - 53
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Indices Considered in Researching the Towing Fees

• Consumer Price index
• Overall
• Transportation
• Fuel Index
• Producer Price index Labor

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Consumer Price IndexSource Bureau of Labor
Statistics
Notes A 22 increase from the current 110
towing fee approved in 2001 134.20. A 22
increase from the current administrative fee
43 .
25
Diesel Fuel Prices for County ( per
Gallon)
Note Prices do not include the .25 Federal
Highway Tax
Diesel fuel prices have increased by 393 since
2002
Source Orange County Purchasing Records
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Towing Rates at Other AgenciesClass A (Car)
Towing
Source Survey of Other Agencies
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Comparison Including Mileage ChargesTypical Five
(5) Mile TowClass A Vehicle