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 Brevard County
 Code of Ordinances
 Chapter 106. TRAFFIC AND VEHICLES
 Article I. IN GENERAL

  § 106-5. Wrecker and towing services, vehicle redemption, maximum fees.  

Latest version.

  • (a)

    The board of county commissioners shall establish by resolution the maximum fees which may be charged on the towing of vehicles from or immobilization of vehicles on private property, removal and storage of wrecked or disabled vehicles from an accident scene or for 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 the removal of the vehicle. Such resolution may be amended from time to time, as required, to maintain maximum fees which are consistent with wrecking and towing services charged within the entire area of the county.

    (b)

    Any vehicle removed and stored as a result of a nonconsensual tow from private property or where the owner or operator is incapacitated, unavailable or otherwise doe snot consent to the removal of the vehicle shall be released within one hour of a request to redeem the vehicle by the vehicle owner or authorized driver/agent per F.S. § 713.78. Tow truck companies who provide services pursuant to this section shall have posted prominently on the exterior of the storage facility and place of business, if different, a notice indicating a telephone number where the tow company can be reached at all times. This paragraph does not apply to removal and storage of wrecked or disabled vehicles from an accident scene.

    (c)

    It shall be unlawful for any person to charge more than the maximum rate established by the county. Any person or tow company that charges more than the maximum rate established by resolution or fails to release the vehicle within one hour of a request pursuant to paragraph (2) of this section violates this section and is guilty of a violation, to be prosecuted in the same manner as misdemeanors are prosecuted and punishable as provided in F.S. § 125.69. Such violations shall be prosecute din the name of the state in a court having jurisdiction of misdemeanors by the prosecuting attorney thereof and upon conviction shall be punished by a fine not to exceed $500.00 or by imprisonment in the county jail not to exceed 60 days or by both such fine and imprisonment. Appropriate state, county or municipal law enforcement officers shall have authority to enforce the provisions of this section.

(Ord. No. 99-29, § 1, 4-27-99; Ord. No. 08-05, § 1, 2-19-08; Ord. No. 08-23, § 1, 7-29-08)