§ 118-104. Return of owner prior to tow or immobilization.

No towing service operating within the boundaries of Volusia County shall tow or immobilize a vehicle or charge for its services where the registered owner or other legally authorized person in control of the vehicle arrives at the scene prior to the towing or immobilization, unless:

(1)

The registered owner or other legally authorized person in control of the vehicle refuses to remove the vehicle; or

(2)

The vehicle has already been connected to the towing or removal apparatus or the immobilization device has been attached to the vehicle and the registered owner or other person in control of the vehicle refuses to pay a service fee of not more than one-half of the rate contained herein for such wrecker service. The tow truck or wrecker operator shall wait a minimum of ten minutes to allow the vehicle's owner or operator to secure cash for the payment of the fees enumerated herein, if cash is required by the tow truck or wrecker driver. For purposes of this section, a tow commences when a vehicle has been removed from the tow site and is en route to a storage site. An immobilization occurs when the immobilization device has been completely affixed to the vehicle and the tow company employee has exited the property where the owner or operator is illegally parked.

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