§ 30-461. Definitions.  


Latest version.
  • For the purpose of this article, the following definitions shall apply:

    (1)

    Administrative Fee shall mean the fee that is charged for title and lien search, advertising costs, and notification of lien holder and owner whereabouts and charges against a vehicle.

    (2)

    Class A Vehicle shall mean a vehicle with gross weight up to 10,000 pounds.

    (3)

    Class B Vehicle shall mean a vehicle with gross weight between 10,001 and 19,500 pounds.

    (4)

    Class C Vehicle shall mean a vehicle with gross weight between 19,501 and 26,000 pounds.

    (5)

    Class D Vehicle shall mean a vehicle with gross weight of 26,001 pounds or more.

    (6)

    Commission shall mean the Board of County Commissioners of Miami-Dade County, Florida.

    (7)

    Consent Tower shall mean a person who tows a motor vehicle with the consent of the vehicle owner.

    (8)

    Decal shall mean an identifying sticker issued by the Director and appropriate for display in the lower left corner of the front window of a towing vehicle or equipment or car carrier used by a person licensed under this article.

    (9)

    Department shall mean the Miami-Dade County Department of Regulatory and Economic Resources, or successor department. Any references in this chapter to CSD or Consumer Services Division shall be considered as though they refer to Department of Regulatory and Economic Resources, or successor department.

    (10)

    Director shall mean the Director or the Director's designee of the Department of Regulatory and Economic Resources, or successor department.

    (11)

    Express instruction shall mean a clear, definite and explicit request:

    (a)

    Made in writing by a police officer to immobilize, recover, tow, remove or store a specific and individual vehicle which is disabled or abandoned or parked without authorization, or whose operator is unable or unwilling to remove the vehicle;

    (b)

    Made in writing by a property owner or duly authorized agent of the property owner to immobilize, recover, tow, remove or store a specific and individual vehicle parked without permission of the property owner; however, such property owner or agent shall not be the person requested to immobilize, recover, tow, remove or store the vehicle or an employee or agent thereof; or

    (c)

    Made by telephone, in person or in writing by a vehicle owner or the authorized driver to recover, tow, remove or store a specific and individual vehicle which is in the lawful control of the vehicle owner or authorized driver requesting the towing service. The foregoing notwithstanding, where the property owner is a government entity, the property owner or an employee or agent thereof, may be the same person requested to recover, tow, remove or store the vehicle.

    Every request made in writing or in person must indicate the date and time of the instruction and must be signed by the police officer, the property owner or agent, or the vehicle owner or authorized driver in the presence of the person providing the requested service. Every request made by telephone must also be documented with the date and time of the call.

    (12)

    Extra Labor Time shall mean the amount of manpower that is reasonably needed above and beyond the operator of the tow truck to safely remove a vehicle or its load from the scene of an accident or other incident requiring a tow. Extra labor shall also include "load and offload" time, such as when special circumstances arise in which additional time is necessary to "offload" the vehicle at the storage facility or other location. All special "load and offload" circumstances must be approved by the officer on the scene. No travel time shall be included.

    (13)

    Immobilization, immobilize or immobilizing , also known as boot or booting, shall mean the act of placing, on a parked vehicle, a mechanical device that is designed to be attached to the wheel or tire so as to prohibit its usual manner of movement.

    (14)

    Industry shall mean the business of recovering, towing or removing vehicles and providing such vehicle storage services as may be associated therewith.

    (15)

    License shall mean the certificate or document which allows a person to engage in Miami-Dade County in the activity of recovering, towing, removing and storing of vehicles in connection therewith. As used in this article, "license" shall not mean a municipal occupational license or a County occupational license.

    (16)

    Nonconsent Tower shall mean any person who performs "Police Directed Tows" or "Private Property Impounds" as defined herein.

    (17)

    Operate shall mean to provide or offer the services of recovering, towing or removing vehicles and any vehicle storage services associated therewith.

    (18)

    Operator shall mean any person who provides or offers the services of recovering, towing, or removing vehicles and any vehicle storage services associated therewith.

    (19)

    Person shall mean any natural person, firm, partnership, association, corporation or other entity of any kind whatsoever.

    (20)

    Personnel authorized by the Department of Regulatory and Economic Resources, or successor department shall mean enforcement personnel authorized by the Director and presenting valid identification.

    (21)

    Police Directed Tow shall mean the removal and storage of wrecked or disabled vehicles at the direction of police/law enforcement from an accident scene or the removal and storage of vehicles in the event the owner or operator is incapacitated, unavailable, or otherwise does not consent to the removal of the vehicle, excepting, however, all incidents of Private Property Impounds as herein defined.

    (22)

    Private Property Impound shall mean towing or removal of a vehicle, without the consent of the vehicle's owner or operator, as such is authorized by Section 715.07, Florida Statutes, as may be amended, when that vehicle is parked on private real property.

    (23)

    Property owner shall mean that person who exercises dominion and control over real property, including but not limited to the legal titleholder, lessee, designated representative of a condominium association or any person authorized to exercise a share dominion and control over real property; however, "property owner" shall not mean or include a person providing towing services within the purview of this article. The foregoing notwithstanding, all government entities providing their own towing services may be property owners for purposes of this article.

    (24)

    Recover shall mean to take possession of a vehicle and its contents and to exercise control, supervision and responsibility over it.

    (25)

    Regulation shall mean a rule set forth in this article, the violation of which is sufficient grounds for fines; suspension or revocation of a towing license; civil damages, court costs and attorneys' fees; and specified criminal penalties.

    (26)

    Remove shall mean to change the location of a vehicle by towing it.

    (27)

    Revoke shall mean to annul and make void the license of a person engaged in the business of providing towing services.

    (28)

    Store shall mean to place and leave a towed vehicle at a location where the person providing the towing service exercises control, supervision and responsibility over the vehicle. The storage facility must be securely fenced or locked for the protection of vehicles and property.

    (29)

    Tow shall mean to haul, draw or pull along a vehicle by means of another vehicle equipped with booms, car carriers, winches or similar equipment.

    (30)

    Trade name shall mean any name under which a person, corporation, partnership, association, firm or any other entity operates its business.

    (31)

    Vehicle shall mean an automobile, truck, bus, trailer, semitrailer, truck tractor semitrailer combination, recreational unit primarily designed as temporary living quarters which either has its own motive power or is mounted on or drawn by another vehicle, or any other mobile item using wheels and being operated on the roads of Miami-Dade County, which is used to transport persons or property and is propelled by power other than muscular power; provided, however, that the term does not include bicycles, mopeds, traction engines, road rollers or vehicles which run only upon a track.

    (32)

    Waiting Time shall mean the amount of time spent at a scene when a tow truck and operator have been summoned and are on the scene but unable to proceed through no fault of the tow truck operator. No travel time shall be included.

    (33)

    Wrecker class shall mean the type of towing vehicle, equipment or apparatus used to recover, tow or remove vehicles. The wrecker classes shall be distinguished as follows:

    Part I

    Tow Truck Class Specifications

    Class A Tow Truck or Car Carrier—Minimum Ratings:
     1. Gross vehicle weight ratings ..... 10,000 LBS.
     2. Boom capacity ..... 8,000 LBS.
     3. Winching capacity ..... 8,000 LBS.
     4. Cable size and length ..... 3/8 ″×100′
     5. Wheel lift retracted rating ..... 3,500 LBS.
     6. Wheel lift extended ratings ..... 2,000 LBS.
     7. Tow sling safe lift rating ..... 3,500 LBS.
     8. Safety chains (2 EACH) ..... 3/8 ″ high test
     9. Cab to axle dimension ..... 56″
    Class B Tow Truck—Minimum Ratings:
     1. Gross vehicle weight ratings ..... 18,000 LBS.
     2. Boom capacity ..... 24,000 LBS.
     3. Winching capacity ..... 24,000 LBS.
     4. Cable size and length ..... ½″×200′
     5. Under-reach retracted rating ..... 10,500 LBS.
     6. Under-reach extended ratings ..... 8,500 LBS.
     7. Tow sling safe lift rating ..... 8,500 LBS.
     8. Safety chains (2 EACH) ..... 5/16 ″ ALLOY
     9. Cab to axle dimension ..... 84″
    Class C Tow Truck—Minimum Ratings:
     1. Gross vehicle weight ratings ..... 30,000 LBS.
     2. Boom capacity ..... 50,000 LBS.
     3. Winching capacity ..... 50,000 LBS.
     4. Cable size and length ..... 5/8 ″×200′
     5. Under-reach retracted rating ..... 25,000 LBS.
     6. Under-reach extended ratings ..... 12,000 LBS.
     7. Tow sling safe lift rating ..... 12,000 LBS.
     8. Safety chains (2 EACH) ..... ½″ ALLOY
     9. Cab to axle dimension ..... 144″
    Class D Tow Truck—Minimum Ratings:
     1. Gross vehicle weight ratings ..... 52,000 LBS.
     2. Boom capacity ..... 70,000 LBS.
     3. Winching capacity ..... 70,000 LBS.
     4. Cable size and length ..... ¾″×200′
     5. Under-reach retracted rating ..... 45,000 LBS.
     6. Under-reach extended ratings ..... 15,000 LBS.
     7. Tow sling safe lift rating ..... 12,000 LBS.
     8. Safety chains (2 EACH) ..... ½″ALLOY
     9. Cab to axle dimension ..... 180″

     

(Ord. No. 89-67, § 1, 7-11-89; Ord. No. 90-29, § 1, 4-3-90; Ord. No. 93-130, § 1, 11-16-93; Ord. No. 99-70, § 1, 6-22-99; Ord. No. 03-176, § 1, 7-22-03; Ord. No. 16-59, § 1, 6-7-16)