TOWING AND IMMOBILIZATION OF VEHICLES OR VESSELS PARKED ON PRIVATE PROPERTY

Cape Coral Code of Ordinances ch. 12, art. X

in effect

Cape Coral Code of Ordinances § 12-101 Purpose.

§ 12-101 - Purpose. The purpose of this article is to establish regulations and to create a mechanism for the establishment of maximum permissible rates which may be charged for the towing and storage of motor vehicles or vessels and vehicle immobilization by private persons not acting at the behest of local, county, state, or federal government without the consent of the vehicle or vessel owner or custodian of the vehicle or vessel. (Ord. 89-10, 12-13-2010)

Cape Coral Code of Ordinances § 12-102 Exceptions to this article.

§ 12-102 - Exceptions to this article. The provisions of this article shall not apply to: (a) The towing of vehicles or vessels pursuant to any towing or service provider agreement to which the city is a party. (b) The towing of vehicles or vessels from property obviously a part of a single-family residence. (c) The towing of vehicles or vessels when notice is personally given to the owner or other legally authorized person in control of the vehicle or vessel that the area in which that vehicle or vessel is parked is reserved or otherwise unavailable and that unauthorized vehicles or vessels are subject to being removed at the owner's or operator's expense. (d) Law enforcement, firefighting, rescue squad, ambulance, or other emergency vehicles or vessels that are marked as such or to vehicles or vessels owned by any governmental entity. (e) Vehicle immobilization pursuant to § 12-84 of the City of Cape Coral, Florida, Code of Ordinances. (Ord. 89-10, 12-13-2010; Ord. 76-24, § 2, 10-16-2024)

Cape Coral Code of Ordinances § 12-103 Definitions.

§ 12-103 - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: ADMINISTRATIVE LIEN FEE. The fee that is charged by a towing company for title records, conducting a lien search, advertising costs, and certified mail notification to the lien holder, owner, and all persons with a vested interest in the vehicle and charges against a vehicle or vessel as required by F.S. § 713.78. CITY. The City of Cape Coral. HOURLY RATE. The allowable amount a towing company may charge for waiting or working time on scene after the first 30 minutes. IMMOBILIZATION. The impounding, incapacitating, or immobilizing of any vehicle, whether motorized or not, without the permission of the owner or agent of the owner of the vehicle by the use of any device, wheel clamp, object, barrel, "car boot", mechanism, or method either attached to the vehicle, or not, by the owner or agent of the property upon which the vehicle is parked, that does not allow the owner of the vehicle, or his or her authorized agent, to freely move the vehicle from the place where it is immobilized. MILEAGE CHARGE. The allowable amount a towing company may charge for mileage for Nonconsensual Private Towing Services from the point of removal to the Storage Facility. NONCONSENSUAL PRIVATE TOWING SERVICES. The immobilization, towing and/or storage of a vehicle or vessel, without the prior express consent of the owner or custodian of the vehicle or vessel by any person not acting pursuant to a contract with a unit of local, county, state or federal government. OWNER. Any person who has legal title to real property or who has the charge, care of, or control of the premises, vehicle or vessel. PERSON. Any natural person, or any association, corporation, firm, joint venture, partnership, or other entity. STORAGE. The safekeeping of a vehicle or vessel which has been towed under the authority of this article. STORAGE FACILITY. A fenced-in, lighted, locked yard or secure indoor storage with the capacity to temporarily keep all vehicles or vessels towed hereunder within the fenced-in area. The facility shall conform to all building and zoning requirements and shall be owned or exclusively leased by the towing company. The storage facility shall be located in the territorial boundaries of the City of Cape Coral. TOWING. Taking possession of a vehicle or vessel and its contents, exercising control, supervision and responsibility over it, and removing it from private property within the city by means of a tow truck or other vehicle. TOWING COMPANY. Any person, firm, partnership, corporation, or association engaged in the business of recovery and towing of motor vehicles or vessels. VEHICLE. Any mobile item which normally uses wheels, whether motorized or not. VESSEL. Every description of watercraft, barge, and airboat used or capable of being used as a means of transportation on water, other than a seaplane or a vessel for which a valid certificate of documentation is outstanding pursuant to 46 C.F.R. part 67 ("documented vessel"). (Ord. 89-10, 12-13-2010; Ord. 76-24, § 2, 10-16-2024)

Cape Coral Code of Ordinances § 12-104 Owner, operator and vehicle registration provisions.

§ 12-104 - Owner, operator and vehicle registration provisions. It shall be unlawful for any person, either as principal, agent, or employee, to perform any nonconsensual towing or vehicle immobilizing without having obtained a permit by registering the service with the Police Department, using a format approved by the Police Department. The information for registration shall contain the make, model and manufacturer's serial number of each of the vehicles to be used for nonconsensual towing or immobilization; the date each vehicle was put into service; the driver's license number of the owner and the name of the insurance company or companies with which the owner and operators have liability insurance for the operation of the vehicle as required by law; and the name and driver's license number of all employees, principals, or agents, involved in the towing or immobilization of vehicles or vessels as defined in this article. From time to time, the registration fee established by the City Council may be altered, revised, increased, or decreased. Each towing or immobilization service registration shall be valid for one year from the date of registration with the city. In the event vehicles are added to service by the registrant or removed from service by the registrant, it shall be the registrant's responsibility to immediately notify the Police Department of such changes. If a towing service has registered to provide law enforcement requested towing pursuant to Article XI of this chapter, the fee charged pursuant to this section shall be waived. (Ord. 89-10, 12-13-2010; Ord. 76-24, § 2, 10-16-2024)

Cape Coral Code of Ordinances § 12-105 Prerequisites to towing of vehicles or vessels or the immobilization of vehicles parked on private property.

§ 12-105 - Prerequisites to towing of vehicles or vessels or the immobilization of vehicles parked on private property. In addition to other requirements of this article and F.S. § 715.07, it shall be unlawful for any person to tow, immobilize, or cause to be towed or immobilized any vehicle or vessel parked on private real property except in compliance with the following requirements: (a) (1) The owners of the real property shall have executed, at least 24 hours prior to the towing, removal, or immobilization of any vehicle or vessel, a written agreement on a form approved by the Police Department, which agreement shall contain the following provisions: a. The duration of the agreement; b. The time of day that such towing, removal, or immobilization is authorized; c. The days of the week that such towing, removal, or immobilization is authorized; d. The fees to be paid for the towing, removal, or immobilization; e. The signatures of both the owner of the premises, and the owner, or authorized representative of the towing or immobilization service, certifying that each has read and is in compliance with all of the provisions of F.S. § 715.07 and this article. (2) The 24-hour notice requirement of this section shall not apply where a tow or immobilization is of an emergency nature and the property owner or authorized representative of the tow owner or operator has notified the Police Department prior to towing or immobilizing the vehicle or vessel. (b) The towing or immobilization operator shall provide a copy of the completed agreement entered into pursuant to paragraph (1) of this section to the Police Department prior to any tow or immobilization being performed pursuant to this article. A new completed agreement shall be resubmitted to the Police Department annually, one calendar year from the date of last submittal, and each time a property owner changes vendors or the owner of the property changes. A property owner may enter into an agreement pursuant to this article with a maximum of one operator for a single parcel of property. (c) Prior to towing, removing, or immobilizing any vehicle or vessel from private property without the consent of the owner or other legally authorized person in control of that vehicle or vessel, a sturdy weather resistant sign providing the following notice and meeting the following requirements must be posted on the private property: (1) The notice must be prominently placed at each driveway access or curb cut allowing vehicular access to the property, within five feet from the public right-of-way line. If there are no curbs or access barriers, a sign must be posted every 25 feet of lot frontage. (2) The notice must clearly indicate, in not less than two-inch high, light-reflective letters on a contrasting background, that unauthorized vehicles will be immobilized or towed away at the owner's expense. Whether the vehicles will be towed or immobilized, the words "tow-away zone" must be included on the sign in not less than four- inch high letters. (3) The notice must provide the name and current telephone number of the person or firm towing, removing or immobilizing the vehicles or vessels. (4) The sign structure containing the required notices must be permanently installed with the words "tow-away zone" not less than three feet and not more than six feet above ground level and must be continuously maintained on the property for not less than 24 hours prior to the towing, removal or immobilization of any vehicles or vessels. (5) The sign shall state the specific hours vehicles will be towed or immobilized or state 24 hours, if applicable. (d) Any wrecker used in the towing of vehicles or vessels under this article shall be of the minimally rated class that can tow the weight of the subject vehicle or vessel. This does not preclude the operator from using a wrecker with a classification greater than that required for the tow but, applicable charges shall be based upon the GVW of the vehicle or vessel being towed and the appropriate classification of the wrecker. (e) The person performing the tow, removal or immobilizing of the "offending" vehicle or vessel shall take photograph(s) of the vehicle or vessel prior to its removal or immobilizing that shall be of sufficient detail to demonstrate the violation of the rule or regulation for which the vehicle or vessel is being towed or immobilized. The photograph(s) must be dated and time stamped and maintained by the service entity for a minimum period of one year. Photograph(s) shall be available for viewing the following business day. Normal hours for viewing photographs shall be Monday through Friday, 8:00 a.m. to 5:00 p.m. There shall be no charge for viewing the photographs. (f) Each service entity shall staff or monitor its telephones at all times (pager only does not satisfy this requirement) and immediately advise any vehicle or vessel owner or authorized representative who calls by telephone of the following: (1) Each and every document or other item which must be produced to retrieve the vehicle or vessel or remove the immobilization device. (2) 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 are cash, major credit card, and debit card. Also, if the towing or immobilization service owner or operator cannot, or will not provide change to a customer, the owner or operator shall advise the customer to bring exact payment, if paying with cash. (4) That the vehicle or vessel can be picked up or the immobilizing device removed within one hour of request. (Ord. 89-10, 12-13-2010)

Cape Coral Code of Ordinances § 12-106 City review of signs.

§ 12-106 - City review of signs. To ensure compliance with state and municipal law, the owners of the premises required to post a sign pursuant to § 12-105(c) shall pay a fee to the city for plan review and sign inspection and approval. As part of this review all installed signage must be inspected and approved by the city prior to any towing or immobilizing of any vehicles or vessels being authorized. From time to time, the review fee established by the City Council may be altered, revised, increased, or decreased. (Ord. 89-10, 12-13-2010; Ord. 76-24, § 2, 10-16-2024)

Cape Coral Code of Ordinances § 12-107 Maximum rates for nonconsensual towing services.

§ 12-107 - Maximum rates for nonconsensual towing services. (a) Pursuant to F.S. §§ 166.043(1)(b), and 715.07(2)(b), the City Council establishes the following maximum rate schedule for nonconsensual towing services in the city: 1. Mileage Charges. A. A Mileage Charge may only be imposed/charged for the first ten miles from the scene of the nonconsensual private towing services to the Storage Facility. 2. Wrecker rates. A. Class A Wreckers, including roll-back or slide-back carriers. 1. Nonconsensual Private Towing Services Base Rate: $165 2. Mileage Charge: $5.50 3. Hourly Rate: $105 B. Class B Wreckers. 1. Nonconsensual Private Towing Services Base Rate: $200 2. Mileage Charge: $6.50 3. Hourly Rate: $140 C. Class C Wreckers. 1. Nonconsensual Private Towing Services Base Rate: $400 2. Mileage Charge: $8 3. Hourly Rate: $265 D. Class D Wreckers. 1. Nonconsensual Private Towing Services Base Rate: $535 2. Mileage Charge: $9.50 3. Hourly Rate: $375 (b) Separate Charges Maximum Rate Schedule. 1. Removal of drive shaft: minimum one-fourth hour (15 minutes) applicable rate or actual time-worked at applicable hourly rate. 2. Air hook-up: minimum one-fourth hour (15 minutes) applicable rate or actual time-worked at applicable hourly rate. 3. Remove/pull axle: minimum one-fourth hour (15 minutes) applicable rate or actual time-worked at applicable hourly rate. 4. Remove bumper: minimum one-fourth hour (15 minutes) applicable rate or actual time-worked at applicable hourly rate. 5. Removal air foils: minimum one-fourth hour (15 minutes) applicable rate or actual time-worked at applicable hourly rate. 6. Landoll trailer; semi roll-back or drop-back trail or truck: $265 7. Air bags: $2,940 8. Extra manpower: per man-hour charge: $85 (c) Daily Storage Fees Maximum Rate Schedule. 1. Generally: A. Daily maximum urban storage to 25 feet in length: 1. Inside: $55 2. Outside: $45 B. Daily maximum urban storage over 25 feet in length: 1. $75 2. $65 2. Daily storage charges must be based upon a 24-hour calendar day, beginning at 12:01 a.m. and ending at 12:00 midnight. A vehicle or vessel in storage for six hours or longer, in any 24-hour calendar day, will accrue storage charges for that 24-hour calendar day. A vehicle or vessel in storage for less than six hours, in any 24-hour calendar day, will not accrue storage charges for that 24-hour calendar day (e.g., vehicle arrives in storage at 6:30 p.m. Monday, and is picked up at 6:30 a.m., Tuesday. No charges accrue for storage on Monday because storage on Monday was only 5.5 hours. Storage charges do accrue for Tuesday, as storage on Tuesday was for 6.5 hours). (d) Gate Fees Maximum Rate Schedule. 1. Monday—Friday late hour gate fee rate: If an owner or authorized agent seeks to recover a towed or impounded vehicle or vessel, or property within such vehicle or vessel, during the weekdays of Monday through Friday between the hours of 6 p.m. and 8 a.m., the late hour gate fee of $45 will apply. 2. Weekend late hour gate fee rate: If an owner or authorized agent seeks to recover a towed or impounded vehicle or vessel, or property within such vehicle or vessel, after 6:00 p.m. through 8:00 a.m. Monday, the late hour gate fee of $45 will apply. (e) Administrative lien fee: The maximum rate chargeable as an administrative lien fee is $100. An administrative lien fee may only be charged after 72 hours of storage time and must otherwise follow the requirements of F.S. § 713.78. (f) Immobilization Boot fee: The maximum rate chargeable for releasing an immobilized vehicle on private property shall be $100 for each immobilization. (g) Underwater recovery fee: $135, plus actual costs when performed by a certified/professional diver if supported by written documentation approved by the City of Cape Coral Police Chief or their designee. (h) Fuel Surcharge. Anytime the average price of diesel fuel meets or exceeds $4 per gallon as reported by the Federal Government for the Lower Atlantic states (PADD 1C), the mileage rates that are the subject of this Article may be increased by a fixed percentage in accordance with the schedule below: Average Price Per Gallon—Diesel | Percentage of Charge to be Added to Mileage Rate $4.00 | 4% $4.25 | 5% $4.50 | 6% $4.75 | 7% $5.00 | 8% $5.25 | 9% $5.50 | 10% $5.75 | 11% $6.00 | 12% $6.25 | 13% $6.50 | 14% $6.75 or higher | 15% (i) Registration fee: The fee provided for in § 12-103 is $75 (j) Review/Inspection of Signage fee: The fee provided for in § 12-105 is $100 (k) Disconnection fee: The fee provided for in § 12-109 is $40 (l) Immobilization Drop fee: The fee provided for in § 12-110 is $40 (m) Acceptable Forms of Payment: A towing company must accept payment in at least two forms provided for in F.S. § 713.78(19)(a), as it may be amended from time to time. (n) Persons who engage in nonconsensual towing services as described in and governed by this article shall not charge in excess of the maximum allowable rates established by the City Council, nor shall charge any type of fees other than those for which the City Council has established maximum rates. (Ord. 89-10, 1-13-2010; Ord. 76-24, § 2, 10-16-2024)

Cape Coral Code of Ordinances § 12-108 Vehicle or vessel not connected or immobilization device not installed upon operator returning.

§ 12-108 - Vehicle or vessel not connected or immobilization device not installed upon operator returning. The owner or operator of any service vehicle which is summoned to tow away or immobilize any vehicle or vessel on private property shall not immobilize, remove, or tow, or immobilize the vehicle or vessel away and shall not charge any fee if the vehicle or vessel operator returns to the vehicle or vessel prior to the service operator having physically connected the vehicle or vessel to the towing apparatus or the vehicle being immobilized. (Ord. 89-10, 12-13-2010)

Cape Coral Code of Ordinances § 12-109 Vehicle or vessel connected but not removed prior to operator returning.

§ 12-109 - Vehicle or vessel connected but not removed prior to operator returning. If the registered owner or other legally authorized person in control of the vehicle or vessel arrives at the scene prior to removal or towing of the vehicle or vessel, the vehicle or vessel shall be disconnected from the towing or removal apparatus, and that person shall be allowed to remove the vehicle or vessel without interference upon the payment of a fee, for which a receipt shall be given, unless that person refuses to remove the vehicle or vessel which is otherwise unlawfully parked. This fee shall be referred to as the "disconnection fee." The rates established shall be uniform throughout the city. From time to time, the rates established by the City Council may be altered, revised, increased, or decreased. (Ord. 89-10, 12-13-2010; Ord. 76-24, § 2, 10-16-2024)

Cape Coral Code of Ordinances § 12-110 Immobilization operator still on the premises upon vehicle or vessel operator returning.

§ 12-110 - Immobilization operator still on the premises upon vehicle or vessel operator returning. If the registered owner or other legally authorized person in control of the vehicle arrives at the scene prior to the operator leaving the premises but after the immobilization device has been attached to the vehicle, that person shall be allowed to have the immobilization device removed upon the payment of a fee, for which a receipt shall be given, unless that person refuses to remove the vehicle which is otherwise unlawfully parked. This fee shall be referred to as the "Immobilization drop fee." This fee may be altered, revised, increased, or decreased by the City Council. (Ord. 89-10, 12-13-2010; Ord. 76-24, § 2, 10-16-2024)

Cape Coral Code of Ordinances § 12-111 Point of tow to point of storage.

§ 12-111 - Point of tow to point of storage. A vehicle or vessel in tow shall be taken from the point of tow to the permanent business address of the tow owner or operator where vehicles or vessels are normally stored. Temporary storage at any other location is prohibited. (Ord. 89-10, passed 12-13-2010)

Cape Coral Code of Ordinances § 12-112 Nonconsensual tow bill of rights.

§ 12-112 - Nonconsensual tow bill of rights. Any towing firm engaged in the business of nonconsensual towing shall maintain a copy of the nonconsensual bill of rights in the service vehicle and shall post the nonconsensual tow bill of rights in a clearly visible, prominent position, not more than ten feet from the place where payment for the tow is made. The poster shall provide the following: Nonconsensual Tow "Bill of Rights" Your car has been towed without your consent. You have certain rights under Florida statutes and city ordinances: (a) Your vehicle or vessel must be released within one hour after request, provided the towing fees are paid. (b) You can retrieve any personal property that is in the vehicle or vessel within the first 24 hours of the tow prior to paying the towing fees, after the first 24 hours, a fee may be charged. (c) You may inspect your vehicle or vessel prior to paying the towing fees. The tow company cannot require you to sign a waiver which would release the firm from liability for damages noted by you at the time the vehicle or vessel is picked up. The tow company is responsible for any damage done by entry into your vehicle or vessel if the entry was not done with the "standard of reasonable care." Proper remedy for these damages is through civil court. (d) You may pay the towing charges using cash, debit card, or major credit card. A fee may be charged to use a debit card. No additional fee shall be charged for use of a credit card. (e) A detailed, signed receipt showing the legal name of the tow company or person towing the vehicle or vessel must be given to you at the time of payment, whether requested or not. The receipt shall also include the following statement: "Notice: Towing from private property is regulated by F.S. § 715.07 and Chapter 12, Article X, City of Cape Coral Code of Ordinances." (f) Tow companies are required to take photographs of your vehicle or vessel prior to tow, documenting the violation for which the vehicle or vessel was towed. You can make arrangements with the tow company to view the photographs at no charge. Photographs shall be available for viewing the following business day. Normal hours for viewing the photographs are Monday through Friday, 8:00 a.m to 6:00 p.m. It is a good idea to make an appointment in advance. (g) The phone number of the Cape Coral Police Department to report violations. This phone number shall be kept current at all times. (Ord. 89-10, 12-13-2010)

Cape Coral Code of Ordinances § 12-113 Businesses with ten or fewer parking spaces.

§ 12-113 - Businesses with ten or fewer parking spaces. A business with ten or fewer parking spaces satisfies the notice requirements of § 12-105 of this article by prominently displaying a sign stating "Reserved Parking for Customers Only Unauthorized Vehicles or Vessels Will be Towed Away At the Owner's Expense" in not less than four-inch high, light-reflective letters on a contrasting background at each entrance to the parking lot. (Ord 89-10, 12-13-2010)

Cape Coral Code of Ordinances § 12-114 Removal of vehicles or vessels by property owner.

§ 12-114 - Removal of vehicles or vessels by property owner. (a) Except as otherwise provided herein, an owner having vehicles or vessels towed, removed or immobilized must post notice21., consistent with the requirements of §§ 12-105 or 12-113, if applicable, of this article, that unauthorized vehicles or vessels will be towed away or immobilized at the owner's expense. (b) An owner may authorize the removal of a vehicle or vessel by a towing company when the vehicle or vessel is parked in such a manner that restricts the normal operation of business; and if a vehicle or vessel parked on a public right-of-way obstructs access to a private driveway the owner, lessee, or agent may have the vehicle or vessel removed by a towing company upon signing an order that the vehicle or vessel be removed without a posted tow-away zone sign. (Ord. 89-10, 12-13-2010)

Cape Coral Code of Ordinances § 12-115 Conspicuous notice of installation of immobilization device.

§ 12-115 - Conspicuous notice of installation of immobilization device. (a) An operator that installs an immobilization device on a vehicle must affix a conspicuous notice to the vehicle's windshield or driver's side window stating: (1) That the vehicle has been immobilized and damage may occur if the vehicle is moved; (2) The date and time the immobilization device was installed; (3) The name, address, and telephone number of the company that installed the immobilization device; (4) A telephone number that is answered 24 hours a day to enable the owner or operator of the vehicle to arrange for removal of the immobilization device. For purposes of this section answered means the call must terminate on connection with a human operator with authority to respond to questions and dispatch booting operators; (5) The amount of the fee for removal of the immobilization device and any associated parking fees; (6) That the vehicle may be towed if the immobilization device is not removed within 24 hours; (7) That you may pay the immobilization charges using cash, debit card, or major credit card. A fee may be charged to use a debit card. No additional fee shall be charged for use of a credit card. (b) If the conspicuous notice required by subsection (a) is placed on the: (1) Vehicle's front windshield, the company installing the immobilization device must use an adhesive that does not leave residue on the windshield; or (2) Driver's side window, the notice placard must not obstruct the use of the side view mirror. A notice placard placed on the driver's side window immediately adjunct to the door jam farthest from the side view mirror complies with this section. (Ord. 89-10, 12-13-2010)

Cape Coral Code of Ordinances § 12-116 Removal of immobilization device.

§ 12-116 - Removal of immobilization device. (a) On removal of an immobilization device, the operator shall provide a receipt to the vehicle owner stating: (1) The name of the person who removed the immobilization device; (2) The date and time the immobilization device was removed; (3) The name of the person to whom the vehicle was released; (4) The amount of fees paid for removal of the immobilization device and any associated parking fees. (Ord. 89-10, passed 12-13-2010)

Cape Coral Code of Ordinances § 12-117 Penalties.

§ 12-117 - Penalties. In addition to those penalties imposed by F.S. § 715.07, violation of any provisions of this article, including any of the requirements of F.S. § 715.07 shall be subject to the following civil penalties: (a) Any person who violates this article shall be liable to the owner or lessee of the vehicle or vessel for all costs of recovery, including all immobilization, towing and storage fees, plus attorney's fees and court costs, and shall, in addition, be liable to the owner or lessee of any towed, immobilized, or removed vehicle or vessel for damages resulting directly or indirectly from the removal, transportation, storage or immobilization of the vehicle or vessel. (b) Any person who violates any of the provisions of this article shall upon conviction be fined not more than $500 per violation. Each violation shall be considered a separate offense. (Ord. 89-10, 12-13-2010)

Cape Coral Code of Ordinances § 12-118 Suspension or revocation of operators permit; notice - appeal.

§ 12-118 - Suspension or revocation of operators permit; notice - appeal. (a) Any permit granted pursuant to the provisions of this article may be suspended or revoked by the Chief of Police, either in whole or in part, upon written notice to the license holder under the following terms: 1st violation - 30 day suspension 2nd violation - 60 day suspension 3rd violation - 1 year suspension 4th violation - revocation of license (b) The permit holder shall be provided with written notice specifying the grounds for such suspension or revocation, by first class mail, postage prepaid, or by personal delivery to the permit holder, or by leaving the notice at the permit holder's place of business or residence. (c) Within 15 business days of the mailing or hand delivery of the notice of suspension or revocation, the permit holder may request a hearing before the Chief of Police, in writing. (d) If the Chief of Police pursuant to this section does not modify the suspension or revocation to the satisfaction of the towing service owner or operator after a hearing pursuant to paragraph (c) of this section, the towing service owner or operator may appeal such decision within 15 days to the special magistrate. In the even an appeal is timely filed, the suspension or revocation shall not take effect until a decision has been rendered by the special magistrate, unless it is necessary to immediately suspend or revoke the permit in order to protect evidence of crime or to preserve the public health, safety or welfare. If no appeal is filed, the suspension or revocation shall become effective upon expiration of the period for filing the appeal. (e) During the period of suspension or revocation, it is unlawful for any person to tow any vehicles or vessels or place an immobilization device on a vehicle within the City of Cape Coral until the suspended or revoked permit has been reinstated by the Chief of Police or his or her designee, or by the special magistrate. (Ord. 89-10, 12-13-2010)

Cape Coral Code of Ordinances § 12-119 Grounds for suspension or revocation of an immobilization or towing operator permit.

§ 12-119 - Grounds for suspension or revocation of an immobilization or towing operator permit. A permit to immobilize or tow vehicles or vessels may be suspended or revoked by the Chief of Police on any of the following grounds: (a) If the service owner and/or operator fails to register as required by this article; (b) If the registration contains a false statement of material fact; (c) If the service owner and/or operator provides monetary or other valuable consideration to the private property owner for the privilege of towing or immobilizing vehicles or vessels from the property under contract; (d) If the service owner and/or operator provides monetary or other valuable consideration to the private property owner for each or any individual vehicle or vessel immobilized or towed from the property; (e) If the service owner and/or operator charges the owner of any towed or immobilized vehicle or vessel personal property fees in excess of those established by City Council in this article. (f) If an operator fails to display on or about his or her person or on the dashboard of the tow truck, easily visible to the public, the operator permit while performing a nonconsensual immobilization or tow; (g) If an operator immobilizes a vehicle without complying with §§ 12-115 and 12-116 of this article. (Ord. 89-10, 12-13-2010; Ord. 76-24, § 2, 10-16-2024)

Source: City of Cape Coral, Florida, Code of Ordinances, City Charter and Land Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/fl/cape_coral/codes/code_of_ordinances?nodeId=CH12OFMIPR_ARTXTOIMVEVEPAPRPRFetched: 11/4/2026