§ 35-52. Findings.

(a)

The board of county commissioners finds that immobilization and towing of motor vehicles is undertaken at all hours of the day and night and can leave motorists and their passengers, including small children, stranded and vulnerable.

(b)

The board finds that towing services frequently are provided without the prior consent of the vehicle owner, or under exigent circumstances that prevent negotiation of the charges, terms, and conditions for the towing service, often resulting in disagreements and complaints between vehicle owners and towing companies.

(c)

The board finds that towing companies often hire employees on a commission basis to patrol parking lots, which creates a financial incentive on the part of tow truck operators to tow vehicles in circumstances where towing may not be in the private property owner's interest.

(d)

The board finds that the needs of private property owners for relief from unauthorized parking must be balanced with the need to provide appropriate protection to consumers. While private property owners should be able to manage parking issues associated with their property using the services of towing companies, allowing towing companies to manage parking issues or to decide which vehicles are susceptible to trespass towing is not in the public interest.

(e)

The board finds that the qualifications of towing or immobilization services and the manner in which towing services are rendered affect the health, safety, and welfare of Orange County residents and visitors.

(Ord. No. 2014-24 , § 2, 9-9-14)