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Orange County Towing Ordinance. Warren Geltch Assistant County Administrator. August 19, 2008. Agenda. Background Current Maximum Rates Recommended Towing Rates Immobilization of Vehicles Other Ordinance Provisions. Agenda. Background Current Maximum Rates Recommended Towing Rates
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Orange County Towing Ordinance Warren Geltch Assistant County Administrator August 19, 2008
Agenda • Background • Current Maximum Rates • Recommended Towing Rates • Immobilization of Vehicles • Other Ordinance Provisions
Agenda • Background • Current Maximum Rates • Recommended Towing Rates • Immobilization of Vehicles • Other Ordinance Provisions
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
Types of Towing • Trespass towing • Removal from private property without consent of the vehicle owner • Requires prior notice to Sheriff’s 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
Agenda • Background • Current Maximum Rates • Recommended Towing Rates • Immobilization of Vehicles • Other Ordinance Provisions
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 @ 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 @ the scene: $15 • Storage per day: $30
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 @ 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 @ the scene: $100 • Storage per day: $60
Agenda • Background • Current Maximum Rates • Recommended Towing Rates • Immobilization of Vehicles • Other Ordinance Provisions
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
Agenda • Background • Current Maximum Rates • Recommended Towing Rates • Immobilization of Vehicles • Other Ordinance Provisions
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
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
Agenda • Background • Current Maximum Rates • Recommended Towing Rates • Immobilization of Vehicles • Other Ordinance Provisions
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
Staff Recommendation Request Board Approve the Revised Towing Ordinance as Submitted
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
Research and Analysis • Towing Operational Costs • Various Indices • CPI • Fuel Index • Labor Indices • Rates at Other Counties
What Are the Costs to Tow a Vehicle? • Drivers • Administrative Costs • Wreckers • Fuel • Business Operations, Overhead and Equipment • Staff Salaries and Benefits • Profit
Wrecker Service Costs* *Source: Professional Wrecker Operators of Florida, Inc.
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
Indices Considered in Researching the Towing Fees • Consumer Price index • Overall • Transportation • Fuel Index • Producer Price index: Labor
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 = $43 .
Diesel Fuel Prices for County($ 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
Towing Rates at Other Agencies:Class A (Car) Towing* *Source: Survey of Other Agencies
Comparison Including Mileage ChargesTypical Five (5) Mile TowClass A Vehicle