This article shall be known and cited as the "Collier County Nonconsent Towing, Private Property Towing and Storage of Vehicles Ordinance."

In case of ambiguity, F.S. § 1.01(15), can be referred to construe the intent of this article. As used in this article, the respective words or phrases mean:

Accident scene  means the place where the vehicle/vessel is located immediately following an accident that damaged that vehicle/vessel, preventing safe operation. 

Administrative/lien fee  shall mean the fee that is charged by a towing company for title records, conducting a lien search, advertising costs, and certified mail notification to the lienholder, owner and all persons with a vested interest in the vehicle of the whereabouts and charges against a vehicle or vessel as required by F.S. § 713.78. 

Authorized person (for a vehicle/vessel)  means any individual who at the time a decision to select a towing company is made, has lawful, actual or constructive physical possession or custody of that vehicle/vessel, including, prioritized in this descending order: registered owner or co-owner of the vehicle/vessel, operator of the vehicle/vessel, bailee of the vehicle/vessel, or licensed passenger who is then 16 years of age or older, or insurance company authorized by the owner or co-owner of a vehicle/vessel. 

Authorized agent (for a property)  means any agent or authorized agent for a property owner who has written authority to sign for an absentee owner or association board for the removal of a vehicle or vessel parked on real private property. 

Authorized wrecker operator  means a wrecker operator who is then designated as part of the, wrecker operator system established by the governmental unit that then has jurisdiction over the scene of a wrecked or disabled vehicle (including, when applicable, the Division of Florida Highway Patrol), where the governmental unit/law enforcement officer has determined necessary the removal of a vehicle/vessel by rotation wrecker. 

Commercial motor vehicle  means any motor vehicle or motor vehicle combination used on the streets or highways, which: (a) has a gross vehicle weight of 26,001 pounds or more, or has three or more axles regardless of weight, or is used in combination when the weight of such combination exceeds 26,001 pounds gross vehicle weight; (b) is designed to transport more than 15 persons, including the driver; or (c) is transporting hazardous materials and is required to be placarded in accordance with Title 49 C.F.R., part 172, Subpart F. 

Disabled  means a vehicle/vessel that cannot be moved by its own power because the physical condition of the towed vehicle/vessel, including from nonuse, lack of fuel, mechanical malfunction or because such movement, except by being towed, would otherwise be illegal or violate a private rule. 

Extra time at scene  shall mean any extra time beyond one-half hour at an accident scene, needed to safely remove a vehicle/vessel and shall also include the amount of time spent at a scene when a tow truck has been summoned and is on scene but unable to proceed through no fault of the tow truck operator. All extra billable time shall be documented by the tow truck operator and shall include the following information: (1) the name of the law enforcement agency; (2) the law enforcement agency case number; (3) a detailed description of the reason for the extra time required to remain at the accident scene; and (4) the officer's name badge number. The documentation shall also include a detailed explanation of the services rendered which necessitated the additional charges. Extra time on scene shall be charged in 15-minute increments. 

Gross weight  shall mean the weight of a tow truck in pounds plus the weight of the vehicle(s)/vessel(s) or other machinery and the contents being towed. 

Incapacitated  means any person who is then physically or legally unable to operate the towed vehicle/vessel at that time of the rotation request made by law enforcement because of that person's physical condition, including sickness, injury, being under the influence of alcohol or controlled substance, being under arrest, being detained, revocation or suspension of that person's operator's license or permit, or any other condition that the jurisdictional law enforcement officer determines is justification to call a wrecker off of rotation. 

Law  means all applicable ordinances, Florida Statutes, United States Statutes and codes, special acts, or any applicable lawful rules and regulations enacted, promulgated, or adopted by any governmental entity or any agency or subdivision thereof. 

Law enforcement officer  means every officer (full or part-time) as then defined by federal law or by Florida Statute, including § 112.531(1), any § of 316