§ 35-54. Definitions.

Authorized driver/agent shall mean a person legally authorized to be in control of the vehicle or to act on behalf of the vehicle owner, including the registered owner or lessee, contract lessee, operator, lienholder, or person authorized by any of the foregoing to act on behalf of same. Such agency may be established by any valid or easily verified record form, including, but not limited to electronic mail, electronic record, or facsimile transmission.

Connected in reference to a vehicle shall mean that at least two (2) of the vehicle's wheels are raised from the ground and the connection is in compliance with the requirements of F.S. § 316.222 (related to stop lamps and turn signals) and F.S. § 316.525 (requirements for vehicles hauling loads).

Drop shall mean an instance where the vehicle owner or authorized driver/agent arrives at the scene prior to the complete installation of an immobilization device and the departure of the immobilization agent; it shall also mean an instance in which the vehicle owner or authorized driver/agent arrives at the scene after the vehicle has been connected to the towing or removal apparatus, but before the tow truck has left the premises or parking lot with the vehicle.

Duly authorized agent shall mean a person designated by and acting on behalf of a real property owner per contractual agreement to request trespass towing. The duly authorized agent shall have no affiliation with the towing or immobilization service providing the trespass towing service. The real property owner shall only appoint duly authorized agents with a direct connection to the property (e.g., board member, employee of the property management company or home/condo owner's association, employee or lessee of the real property owner, or State of Florida licensed security agency contracted by the real property owner).

Gross vehicle weight shall mean the weight of a vehicle as specified by the vehicle's manufacturer.

Immobilize, immobilizing, and immobilization shall mean the use of a "boot" or other mechanism that causes a vehicle to be immobile or otherwise renders a vehicle immobile or inoperable.

Nonconsensual towing shall mean the removal and storage of wrecked or disabled vehicles from an accident scene or the removal and storage of vehicles in the event the owner or operator is incapacitated, unavailable, leaves the procurement of wrecker service to the law enforcement officer at the scene, or otherwise does not consent to removal of the vehicle, excepting, however, all incidents of "trespass towing" as defined herein.

Property owner shall mean that person who exercises dominion and control over a parcel of real property, including, but not limited to the legal title holder, lessee, a resident manager, a property manager, or other duly authorized agent who has legal authority to bind the owner. A person providing a towing or immobilization service may not be appointed as a duly authorized agent for a property owner.

Roam towing shall mean trespass towing of vehicles by a towing or immobilization service without express written authorization from the property owner for each vehicle removed.

Storage site shall mean all sites to which vehicles towed from within Orange County will be stored.

Tow shall mean to haul, carry, pull along, or otherwise transport or remove a vehicle by means of another vehicle.

Towing or immobilization service shall include any person, company, corporation, or other entity, whether licensed or not, who engages in or owns or operates a business that engages, in whole or in part, in the immobilization, towing, or removal of motor vehicles for compensation.

Trespass towing shall mean towing or removal of a vehicle without the consent of the vehicle's owner or operator, as such is authorized by F.S. § 715.07 when that vehicle is parked on private real property, excepting, however, all incidents of "nonconsensual towing" as defined herein.

(Ord. No. 2014-24 , § 2, 9-9-14)