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County Commission Meeting: Orange County Towing Ordinance

County Commission Meeting: Orange County Towing Ordinance. June 24, 2008. Agenda. Background Towing Industry Request Research and Analysis Recommended Towing Rates Immobilization of Vehicles. Background. BCC Adopted the Current Towing Ordinance in November 1998 Trespass towing

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County Commission Meeting: Orange County Towing Ordinance

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  1. County Commission Meeting:Orange County Towing Ordinance June 24, 2008

  2. Agenda • Background • Towing Industry Request • Research and Analysis • Recommended Towing Rates • Immobilization of Vehicles

  3. Background • BCC Adopted the Current Towing Ordinance in November 1998 • 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

  4. Max. Rates per 1998 Ordinance • Trespass and Nonconsensual Towing • Class A: 10K lbs. or less: • Flat rate:$100 • 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

  5. Max. Rates per 1998 Ordinance • 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 • Does Not Address Immobilization (ex., Booting) • Rates May Be Changed Via Board-approved Resolution • The County Derives No Revenue from Towing Charges

  6. 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

  7. Agenda • Background • Towing Industry Request • Research and Analysis • Recommended Towing Rates • Immobilization of Vehicles

  8. Towing Industry (PWOF) RequestMay 27, 2008 • Increase Class A Towing Rate from a Maximum $110 to $125 per Tow • Revise the Towing Ordinance to Increase the Maximum for Class B, C, and D Towing by Multiples of Class A Towing • Increase the Administrative Fee to $75 • Address “Immobilization” of Vehicles

  9. Agenda • Background • Towing Industry Request • Research and Analysis • Recommended Towing Rates • Immobilization of Vehicles

  10. Research and Analysis • Towing Operational Costs • Various Indices • CPI • Fuel Index • Labor Indices • Rates at Other Counties

  11. What Are the Costs to Tow a Vehicle? • Drivers • Administrative Costs • Wreckers • Fuel • Business Operations, Overhead and Equipment • Staff Salaries and Benefits • Profit

  12. Wrecker Service Costs* *Source: Professional Wrecker Operators of Florida, Inc.

  13. 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

  14. Indices Considered in Researching the Towing Fees • Consumer Price index • Overall • Transportation • Fuel Index • Producer Price index: Labor

  15. 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 .

  16. 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

  17. Towing Rates at Other Agencies:Class A (Car) Towing* *Source: Survey of Other Agencies

  18. Comparison Including Mileage ChargesTypical Five (5) Mile TowClass A Vehicle

  19. Agenda • Background • Towing Industry Request • Research and Analysis • Recommended Towing Rates • Immobilization of Vehicles

  20. Recommended 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

  21. Agenda • Background • Towing Industry Request • Research and Analysis • Recommended Towing Rates • Immobilization of Vehicles

  22. Immobilization of Vehicles • “Immobilization” Definition • Rendering a vehicle incapable of moving • Use of “boot”, “Club”, or other mechanical device

  23. Immobilization Recommendation • Prohibit Immobilization in Unincorporated Orange County Unless Otherwise Permitted by Law • Examples: • F.S. 316.191 allows immobilization by court order for persons involved in drag racing • F.S. 316.193 allows for immobilization by order of the court for DUI convictions • F.S. 320.02 allows for the immobilization of certain unregistered vehicles by the DMV • F.S. 322.34 allows law enforcement to immobilize a vehicle if driving while license suspended, revoked, cancelled, or disqualified • F.S. 327.25 allows for boating vessels to be immobilized for boating under the influence. • Allow a maximum fee of $22 for immobilization in the above instances

  24. Staff Recommendation • Request Board Direct Staff to Prepare Revisions to the Current Towing Ordinance to Include New Maximum Rates and Prohibit Immobilization of Vehicles Unless Otherwise Authorized by Law • Bring Ordinance Revisions to the Board for Approval in Accordance with Procedures Governing Adoption of Ordinance Revisions

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