§ 118-98. Establishment of rates; trespass and nonconsensual tows and immobilizations.

(a)

The maximum rates for towing a vehicle, for the storage of a towed vehicle or for the rendition of other services involving the use of a wrecker or other customary towing services when the point of origin of the tow or such services is within the boundaries of Volusia County shall be as follows:

(1)

Class A vehicles (gross vehicle weight rating at 9,999 pounds or less or a vehicle carrying a vessel 15 feet or less in length):

a.

Trespass tow (flat rate) ..... $125.00

b.

Nonconsensual tow ..... 125.00

c.

Nonconsensual tow, per mile over initial ten miles, per full extra mile ..... 3.00

d.

Nonconsensual tow, time beyond initial 30 minutes at scene, 15-minute block ..... 25.00

e.

Trespass or nonconsensual tow daily storage per day, inside storage ..... 25.00

f.

Immobilization ..... 75.00

g.

Outside storage, per day ..... 20.00

(2)

Class B vehicles (gross vehicle weight rating at 10,000 pounds or more, but less than 19,500 pounds or vehicle carrying a vessel more than 15 feet, but less than 22 feet in length):

a.

Trespass tow (flat rate) ..... $250.00

b.

Nonconsensual tow ..... 250.00

c.

Nonconsensual tow, per mile over initial ten miles, per full extra mile ..... 4.00

d.

Nonconsensual tow, time beyond initial 30 minutes at scene, per 15-minute block ..... 50.00

e.

Trespass or nonconsensual tow daily storage per day, inside storage ..... 30.00

f.

Immobilization ..... 75.00

g.

Outside storage, per day ..... 25.00

(3)

Class C vehicles (gross vehicle weight rating at 19,500 or more pounds, but less than 25,000 pounds or vehicle carrying a vessel more than 22 feet in length):

a.

Trespass tow (flat rate) ..... $375.00

b.

Nonconsensual tow ..... 375.00

c.

Nonconsensual tow, per mile over initial ten miles, per full extra mile ..... 5.00

d.

Nonconsensual tow, time beyond initial 30 minutes at scene, per 15-minute block ..... 75.00

e.

Trespass or nonconsensual tow daily storage per day, inside storage ..... 60.00

f.

Outside storage, per day ..... 55.00

(4)

Class D vehicles (gross vehicle weight rating at more than 25,000 pounds):

a.

Trespass tow (flat rate) ..... $500.00

b.

Nonconsensual tow ..... 500.00

c.

Nonconsensual tow, per mile over initial ten miles, per full extra mile ..... 6.00

d.

Nonconsensual tow, time beyond initial 30 minutes at scene, per 15-minute block ..... 100.00

e.

Trespass or nonconsensual tow daily storage per day, inside storage ..... 60.00

f.

Outside storage, per day ..... 55.00

(b)

An additional daily storage fee, as set forth above, may be charged for any vessel, trailer or other mobile item, whether motorized or not, which is mounted on wheels and attached to a towed vehicle.

(c)

The maximum rates established in subsection (a) above shall be a flat fee which shall be all-inclusive and, by way of illustration, no additional charges shall be made for:

(1)

Any fees for special equipment or services such as double hook-up, vehicle entry when locked, dropping transmission linkage, axle or drive shaft removal, dollies, trailer or flat bed, lifts, slim jims, go jacks, removing bumpers, airing up brakes, and mileage, other than those specified in the rate schedule;

(2)

Time spent at the scene of the tow, other than those specified in the rate schedule;

(3)

Release fees during normal business hours (Monday—Friday, 8:00 a.m.—6:00 p.m.);

(4)

Access fees to allow the owner or the owner's representative to remove personal property or examine the vehicle;

(5)

Yard fees, set-out fees, or gate fees for allowing the owner or any tow company designated by the owner or his insurance company to take custody of and remove the vehicle from the impound area;

(6)

Fuel surcharge fees;

(7)

Storage for the first six hours.

(d)

No other fees of whatever kind may be charged for services rendered during the first 12 hours that the vehicle is in the possession of the wrecker, beginning from the time the vehicle is delivered to the storage facility, except as specifically provided herein. Storage fees as set forth above may be assessed after the initial six-hour period based on calendar day increments. An administrative fee for compliance with statutory notice requirements may be charged after the first 48 hours so long as the wrecker service has actually complied with the requirements of F.S. § 713.78, including execution and mailing of the lien notice. The fee must be based on actual costs for such compliance. Further, a "tarpaulin fee" in the amount of $15.00 may be assessed when the towing service reasonably finds it necessary to install and maintain tarpaulin coverage on any class A stored vehicle in order to protect the interior accessories or upholstery of such vehicle from damage by inclement weather. Tarpaulin fees for coverage of any other class vehicle must be reasonable and based on actual costs.

(e)

An after-hours (Monday—Friday, 6:00 p.m.—8:00 a.m., Saturday and Sunday and national holidays) release fee not to exceed $35.00 may be charged.

(f)

The maximum fees set forth herein may be changed from time to time by a resolution adopted by the county council.

(Ord. No. 2002-20, § I, 10-17-02; Ord. No. 2009-06, § I, 3-5-09)