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HomeMy WebLinkAboutCode Master Project 1978: Chapter 681: Impounding of Vehicles (No Change) § 681.01 IMPOUND. OF VEH. § 681.01 CHAPTER 681 IMPOUNDING OF VEHICLES Sec. 681.01 Authority to Impound Vehicles. Members of the Police Department are hereby authorized to remove a vehicle from a street to the nearest garage or other place of safety, or to a garage designated or maintained by the Police Department, or by this municipality, under the circumstances hereinafter enumerated. (A) When any vehicle is left unattended upon any bridge, causeway, or viaduct, or in any subway, where such vehicle constitutes an obstruction to traffic. (B) When a vehicle upon a street is so disabled as to constitute an obstruction to traffic, or the person or persons in charge of the vehicle are by reason of physical injury incapacitated to such an extent as to be unable to provide for its custody and removal. (C) When a vehicle is found being operated upon the streets and does not meet the requirements of The Florida Uniform Traffic Code. (D) When any vehicle is left unattended upon a street and is so parked illegally as to constitute a definite hazard or obstruction to the normal movement of traffic. (E) When any vehicle is left unattended upon a street continuously for more than 24 hours and may be presumed to be abandoned. (F) When the driver of such vehicle is taken into custody by the Police Department and such vehicle would thereby be left unattended upon § 681.01 IMPOUND. OF VEH. § 681.03 a street. (G) When removal is necessary in the interest of public safety because of fire, flood, storm, or other emergency reason. (H) When the driver agrees in accordance with § 603.01 (E). [Ord. No. 1-72, §2, 1 Feb. 1972] Sec. 681.02 Charges to be Paid. No vehicle impounded in an authorized garage as herein provided shall be released therefrom until the charges for towing such vehicle into the garage, and storage charges have been paid. The charge for towing or removal of any such vehicle and storage charges shall be fixed by the City Judge, such charges to be based upon a compu- tation of all actual expenses entering into the current cost of such services. Such charge or charges shall be posted for public inspection in the office of the City Clerk and in any authorized garage. [Ord. No. 1-72, § 2, 1 Feb. 1972] Sec. 681.03 Notice of Impounding. (A) Whenever an officer removes a vehicle from a street as authorized in § 681.01, and the officer knows or is able to ascertain the name and address of the owner thereof, such officer shall immediately give or cause to be given notice in writing to such owner of the fact of such removal, and the reasons therefor, and of the place to which such vehicle has been removed. In the event any such vehicle is stored in an authorized garage, a copy of such notice shall be given to the proprietor of such garage. (B) Whenever an officer removes a vehicle 2 § 681.03 IMPOUND. OF VEH. § 681.03 from a street under § 681.01, and does not know and is not able to ascertain the name of the owner, or for any other reason is unable to give the notice to the owner as hereirbefore provided, and in the event the vehicle is not returned to the owner within a period of 3 days, then and in that event, the officer shall immediately send, or cause to be sent, written report of such removal by mail to the Department of Highway Safety and Motor Vehicles, and shall file copy of such notice with the proprietor of any authorized garage in which the vehicle may be stored. Such notice shall include a complete description of the vehicle, the date, time, and place from which removed, the reasons for such removal, and the name of the garage or place where the vehicle is stored. [Ord. No. 1-72, § 3, 1 Feb. 1972] 3 § 683.01 OFF-ROAD. REG. § 683.04 CHAPTER 683 OFF-ROADWAY REGULATIONS Sec. 683.01 Travel Without Landowner's Consent. No person shall use a motor vehicle for travel on land other than streets or highways. "Motor vehicles" and "streets or highways" shall be as defined in Chapter 316, Florida Statutes. Consent of the landowner, his agent or tenant, may be used as a defense by any person charged under this section, but the burden of proof in such defense by competent evidence shall be upon the person so charged. [Ord. No. 18-73, § 1, 5 June 1973] Sec. 683.02 Travel upon Beach or Dune Area Prohibited. Except as provided in § 683.03 below, no person shall use a motor vehicle for travel upon the ocean beach or the dune area as defined in § 651.05. [Ord. No. 64-21, §§ 1, 2, 4 Aug. 1964] Sec. 683.03 Exceptions Provided. The prohibi- • tion contained in § 683.02 above, shall not apply to emergency vehicles of the Police or Fire Departments, or to ambulances, or to private towing vehicles provided the Police Department is notified prior to the travel and the name of the person requesting towing assistance and the location of the vehicle to be towed is furnished. [Ord. No. 64-21, §§ 3, 4, 4 Aug. 1964] Sec. 683.04 Penalty. A violation of any provision of this chapter shall be punished as provided in § 801.03. 68-4 § 681.01 IMPOUND. OF VEH. § 681.03 a street. (G) When removal is necessary in the interest of public safety because of fire, flood, storm, or other emergency reason. (H) When the driver agrees in accordnace with § 603.01 (E). [Ord. No. 1-72, §2, 1 Feb, 1972] Sec. 681.02 Charges to Paid. No vehicle impounded in an authorized garage as herein provided shall be released therefrom until the charges for towing such vehicle into the garage, and storage charges have been paid. The charge for towing or removal of any such vehicle and storage charges shall be fixed by the City Judge, such charges to be based upon a compu- tation of alla ctual expenses entering into the current cost of such services. Such charge or charges shall be posted for public inspection in the office of the City Clerk and in any authorized garage. [Ord. No. 1-72, §2, 1 Feb. 1972] Sec. 681.03 Notice of Impounding. (A) Whenever an officer removes a vehicle from a street as authorized in §681.01, and the ofice knows or is able to ascertain the name and address of the owner thereof, such officer shall immediately give or cause to be given notice in writing to such owner of the fact of such removal, and the reasons therefor, and of the place to which such vehicle has been removed. In the event any such vehicle is stored in an authorized garage, a copy of such notice shall be given to the proprietor of such garage. (B) Whenever an officer removes a vehicle § 681.01 IMPOUND. OF VEH. § 681.01 CHAPTER 681 IMPOUNDING OF VEHICLES Sec. 681.01 Authority to Impound Vehicles. Members of the Police Department are hereby authorized to remove a vehicle from a street to the nearest garage or other place of safety, or to a garage designated or maintained by the Police Department, or by this municipality, under the circumstances hereinafter enumerated, (A) When any vehicle is left unattended upon any bridge, causeway, or viaduct, or in any subway, where such vehicle constitutes an obstruction to traffic. (B) When a vehicle upon a street is so disabled as to constitute an obstruction to traffic, or the person or persons in charge of the vehicle are by reason of physical injury incapacitated to such an extent as to be unable to provide for its custody and removal. (C) When a vehicle is found being operated upon the streets and does not meet the requirements of The Florida Uniform Traffic Code. (D) When any vehicle is left unattended upon a street and is so parked illegally as to constitute a definite hazard or obstruction to the normal movement of traffic. (E) When any vehicle is left unattended upon a street continuously for more than 24 hours and may be presumed to be abandoned. (F) When the driver of such vehicle is taken into custody by the Police Department and such vehicle would thereby be left unattended upon § 681.03 IMPOUND. OF VEH. § 681.03 from a stret under §681.01, and does not know and is not able to ascertain the name of the owner, or for any other reason is unable to give the notice to the owner as hereinbefore provided, and in the event the vehicle is not returned to the owner within a period of 3 days, then and in that event, the officer shall immediately send, or cause to be sent, written report of such removal by mail tot he Department of Highway Safety and Motor Vehicles, and shall file copy of such notice with the proprietor of any authorized garage in which the vehicle may be stored. Such notice shall include a complete description of the vehicle, the date, time, and place from which removed, the reasons for such removal, and the name of the garage or place where the vehicle is stored. [Ord. No. 1-72, §3, 1 Feb. 1972] § 681.03 IMPOUND. OF VEH. § 681.03 from a street under § 681.01, and does not know and is not able to ascertain the name of the owner, or for any other reason is unable to give the notice to the owner as hereinbefore provided, and in the event the vehicle is not returned to the owner within a period of 3 days, then and in that event, the officer shall immediately send, or cause to be sent, written report of such removal by mail to the Department of Highway Safety and Motor Vehicles, and shall file copy of such notice with the proprietor of any authorized garage in which the vehicle may be stored. Such notice shall include a complete description of the vehicle, the date, time, and place from which removed, the reasons for such removal, and the name of the garage or place where the vehicle is stored. [Ord. No. 1-72, § 3, 1 Feb. 1972] CHAP 681 SECTION 2. Authority to impound vehicles. Members of the police department are hereby authorized to remove a vehicle from a street to the nearest garage or other place of safety, or to a garage designated or maintained by the police department, or by this municipal- ity, under the circumstances hereinafter enumerated. (A) When any vehicle is left unattended upon any bridge, causeway, or viaduct, or in any subway, where such vehicle constitutes an obstruction to traffic. PAGE 2 OF 4 (B) When a vehicle upon a street is so disabled as to constitute an obstruction to traffic, or the person or persons in charge of the vehicle are by reason of physical injury incapacitated to such an extent as to be unable to provide for its custody and removal. (C) When a vehicle is found being operated upon the streets and does not meet the requirements of the Florida Uniform Traffic Code. (D) When any vehicle is left unattended upon a street and is so parked illegally as to constitute a definite hazard or obstruction to the normal movement of traffic. (E) When any vehicle is left unattended upon a street continuously for more than 24 hours and may be presumed to be abandoned. is (F) When the driver of such vehicle is taken into custody by the po ice department and such vehicle would thereby be left unattended upon a street. (G) When removal is necessary in the interest of public safety because of fire, flood, storm, or other emergency reason. Sec. 681.02 CHARGES TO BE PAID. (H) When the driver agrees in accordance with § 603.01 (E). [Ord. No. 1-72, §2, 1 Feb. 1972] No vehicle impounded in an authorized garage as herein provided shall be released therefrom until the charges for towing such vehicle into the garage, and storage charges have been paid. The charge for towing or removal of any such vehicle and storage charges shall be fixed by the City Judge, such charges to be based upon a computation of all actual expenses entering into the current cost PAGE 3 OF 4 of such services. Such charge or charges shall be posted for public inspection in the office of the City Clerk and in any authorized garage. [Ord. No. 1-72, §2, 1 Feb. 1972] Sec. 681.03 Notice of impounding (A) Whenever an officer removes a vehicle from a street as authorized in §681.01, and the officer knows or is able to ascertain the name and address of the owner thereof, such officer shall immediately give or cause to be given notice in writing to such owner of the fact of such removal, and the reasons therefor, and { of the place to which such vehicle has been removed. In the event any such vehicle is stored in an authorized garage, a copy of such notice shall be given to the proprietor of such garage. (B) Whenever an officer removes a vehicle from a street under §681.01, and does not know and is not able to ascertain the name of the owner, or for any other reason is unable to give the notice to the owner as hereinbefore provided, and in the event the vehicle is not returned to the owner within a period of 3 days, then and in that event the officer shall immediately send or cause to be sent written report of such removal by mail to the department of highway safety and motor vehicles, and shall file copy of such notice with the proprietor of any authorized garage in which the vehicle may be stored. Such notice shall include a complete description of the vehicle, the date, time, and place from which removed, the reasons for such removal, and the name of the garage or place where the vehicle is stored. [Ord. No. 1-72, §3, 1 Feb 1972]