(A) No person shall tow or otherwise immobilize any motor vehicle in a manner that prevents its operation from its location on a city street or right-of-way unless:
(1) The person is a principal or employee of the city's authorized towing contractor acting under the direction of the city's law enforcement agency or other authorized city employee, agent or per authorized posting; or
(2) The removal or other action is authorized by the owner or custodian of the vehicle; or
(3) The removal or other action is performed pursuant to county, state and/or federal law; or
(4) The removal or other action must be performed due to imminent emergency circumstances, which present a hazard where the city's authorized towing provider is otherwise unavailable to provide the service, and a request is made by the city's Law Enforcement Agency for tow assistance.
(B) The city adopts all rates for towing, immobilization and storage of vehicles as established by Broward County, Florida, as may be amended from time to time. No wrecker operator as defined in F.S. § 323.002(1), or towing business for towing, impounding or storing a vehicle or vessel for monetary gain, as defined in F.S. § 166.04465, shall charge any rate that is higher than any maximum rate for any service as set forth in the rates adopted by this subsection.
(C) (1) Pursuant to the provisions of F.S. §§ 166.04465 and 323.002, the city imposes an administrative fee on the registered owner or other legally authorized person in control of a vehicle or vessel in the amount of 25% of the maximum towing rate to cover the cost of enforcement, including parking enforcement, when the vehicle or vessel is towed from public property.
(2) An authorized wrecker operator, as defined in F.S. § 323.002(1), or towing business as defined in F.S. § 166.04465, shall impose and collect the above administrative fee on behalf of the city and shall remit such fee to the city only after it is collected.
(D) Violations of subsections (B) and (C) above shall be subject to the penalty provisions provided in § 10.99, General Penalty. Violations of subsection (C) shall be subject to all available civil action for collection including, but not limited to, referral for collections and litigation.
(Ord. 2016-39, passed 1-26-16; Am. Ord. 2021- 50, passed 3-23-21)