Sec. 804.1303. - Prerequisites to trespass towing from private property.

(a) Prior to the trespass towing of any vehicle, the property owner of the real property and the towing service shall have executed a written agreement which shall at a minimum contain the following provisions: (1) The name and address of the property owner requesting the towing services; (2) The location and description of the property from which the vehicle(s) will be towed; (3) The duration of the agreement; (4) The time of day that such towing is authorized; (5) The days of the week that such towing is authorized; (6) An enumerated list of all current fees set by the City to be charged to either the property owner or vehicle owner/operator; (7) The address and description of the location where the vehicle will be towed/stored with verification that the storage site is authorized under Sections 656.322 and 656.323 , Ordinance Code, as may be amended from time to time. Said storage site shall be located within a ten-mile radius from where the tow originates; and (8) The signature of both the property owner and the owner, or an authorized representative of the towing service, certifying that each has read and is in compliance with the provisions of F.S. § 715.07 and the provisions of this Chapter. The property owner, or an authorized representative or agent thereof must be present at the time of towing and must sign the authorization at that time. For the purposes of this subsection, no person employed by, or affiliated with the towing service may act as the property owner's representative or agent. No pre-approved blank forms or post-approved blank forms are permitted, and use of same shall constitute a violation under this Chapter. (9) A Tow-away sign must provide only one name, address, and current telephone number of the person or firm authorized to tow from that location. The vehicle shall only be towed to the address posted on the sign. Signs shall be posted within a ten-miles radius from the posted address of the tow business and or lot to which the subject vehicle could be towed. The above requirement of a written agreement shall not apply to the removal of vehicles from property appurtenant to and obviously part of a single-family residence or where the vehicle is parked in such a way as to obstruct access to private entrances, exits, drives or loading areas. (b) Prior to the trespass towing of any vehicle, a copy of the executed agreement described in paragraph (1) above, shall be filed by the towing service with the Jacksonville Sheriff's Office Vehicle Storage and Recovery Unit. Said agreements shall be nontransferable. The towing service shall be responsible for advising the Jacksonville Sheriff's Office Vehicle Storage and Recovery Unit within two business days of any changes, amendments, or modifications to, or rescissions of, these agreements. (c) No towing service shall tow a vehicle located within the City of Jacksonville unless the towing service shall file and keep on record with the Jacksonville Sheriff's Office a complete copy of the current rates charged for the towing and storage of towed vehicles. (d) No towing service shall pay or rebate money, or solicit or offer the payment or rebate of money or other valuable consideration, to property owners for the right to engage in trespass towing from any property. (e) Any towing service operating within the City of Jacksonville shall, within 30 minutes of the completion of any trespass tow, notify the Jacksonville Sheriff's Office of the towing; the storage site; the time the vehicle was towed or removed; the make, model, year, color, vehicle identification number (VIN), and license plate number of the vehicle; and, shall obtain the Jacksonville Sheriff's Office case number assigned to the case. (f) All vehicles towed shall be towed directly to the storage site owned or leased by the towing service and the vehicle shall not be kept in any temporary holding area. (g) Each towing service shall staff or monitor its telephone at all times and immediately advise any vehicle owner or authorized representative who calls by telephone prior to arriving at the storage site of the following: (1) Each and every document or other item which must be produced to retrieve the vehicle; (2) The exact charges as of the time of the telephone call, and the rate at which charges will accumulate thereafter; (3) The acceptable methods of payment; and (4) That the vehicle can be picked up within one hour of request. (h) Towing services shall provide a written bill at the request of the owner or operator of a vehicle detailing the charges to date. (i) Towing services shall provide, at the time of payment, a written receipt for all charges imposed and received from the owner or operator of a vehicle resulting from the towing of a vehicle. Said receipt shall include at a minimum: (1) The date, time and location of the tow; (2) The total charges listed individually and specifically; and (3) The date and time of payment of the charges. (j) The towing service shall prepare and maintain a tow data sheet which shall include, but not be limited to, the following information: (1) The name of the towing service and person providing the service; (2) The location from which the vehicle was towed; (3) Date and time the tow was initiated; (4) The destination to which the vehicle was taken; (5) The description of the vehicle including the make, model, year, color, vehicle identification number, and license plate number; (6) The time and date the Jacksonville Sheriff's Office was contacted by the towing service; (7) The description of the services rendered including an itemized list of all charges; and (8) The date and time the vehicle was returned to the owner and the identity of that owner. (k) All towing services shall keep all such tow sheets on file for a period of three years and shall make them available to any law enforcement officer during normal business hours. (l) No towing service shall tow a vehicle when there is a natural person occupying the vehicle. (m) No towing service shall tow a vehicle located within Duval County out of Duval County. (n) Each towing service shall keep a company daily updated universal log of all vehicles brought to their storage lot with date and time of tow, case number, badge number, vehicle identification number, year, make, model, color, tag number, date released and who the vehicle was released to. This log shall be kept at the storage lot for review at any time and shall be retained at the storage property for a period of not less than three years. In addition to the company's universal log of all tows, each truck shall keep a log with the year, make, model, VIN, location towed from and location towed to for every vehicle towed. Such log shall be completed prior to every tow and shall be available for inspection at anytime. (o) All towing services that perform trespass towing from private property must have on record a Zoning Certificate Form from the City's zoning office listing their storage yard as a permitted use, and shall file a copy with the Jacksonville Sheriff's Office. (Ord. 2004-1374-E, § 2; Ord. 2008-166-E, § 2)