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HomeMy WebLinkAboutOrdinance No. 01-1972MICROFILMED 3.14-80 ORDINANCE NO. 1 -72 AN ORDINANCE SUPPLEMENTING CHAPTER 316, FLORIDA STATUTES, KNOWN AS THE FLORIDA UNIFORM TRAFFIC CONTROL LAW BY PROVIDING FOR PROCEDURES ON ARREST AND AUTHORITY TO IMPOUND OR REMOVE VEHICLES; PROVIDING AN EFFECTIVE DA'Z'E. WHEREAS, the Florida Legislature has enacted Chapter 316, known as the "Uniform Traffic Control Law" effective throughout the State, on January 1, 1972; and WHEREAS, Section 316.008 of said Act permits local authorities to establish regulations pertaining to local traffic; and WHEREAS, a need exists for the supplementation of the "Uniform Traffic Control Law" to effectively regulate traffic within the City of Cape Canaveral, and to establish procedure upon arrest, and establishing authority and method to impound vehicles, and establish certain other procedures not included in the uniform law; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS: SECTION 1. Procedure upon arrest: (1) In every case of arrest under 316. 028, persons under influence of intoxicating liquor or of drugs, and 316. 029, reckless driving or where it appears doubtful whether the violator will appear pursuant to a written citation or notice, the violator shall be kept in custody, and in every other case of arrest, where the violation is wilful, wanton, and deliberate, the violator may be kept in custody, by the police department, unless lawfully released on bond, until trial, or until he shall have complied with the penalty imposed by the court, as the case may be. (2) Except when directed by this ordinance to keep in custody a person arrested for a violation of any of the traffic ordinances, or where any lawful bail is required, any police officer, O R 1-72 PAGE 1 OF MICROFILMED 3- 14-80 upon making an arrest for violation of the traffic ordinances of this municipality, shall take the name, address, and operator's license number of the alleged violator and the registration number of the motor vehicle involved, and shall issue to him in writing on the form provided by the municipal clerk, a citation or notice to answer to the charge against him at a place and at the next regular session of the municipal court of this municipality after such arrest unless the person arrested shall demand an earlier hearing, to be specified in the notice. The officer, upon receiving the written promise of the alleged violator to answer as specified in the citation or notice, shall release such person from custody. (3) The place specified in said notice to appear must be before a magistrate within the municipality in which the offense charged is alleged to have been committed, and before a magistrate who has jurisdiction of such offenses. (4) The person arrested in order to secure release as provided in this section, must give his written promise to appear in court or plead guilty as provided, by signing in triplicate the written citation or notice prepared by the arresting officer. (5) Any officer violating any of the provisions of this section shall be guilty of misconduct in office and shall be subject to removal from office. SECTION 2. Authority to impound vehicles: Members of a 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: (1) When any vehicle is left unattended upon any bridge, causeway, or viaduct, or in any subway, where such vehicle constitutes an obstruction to traffic. OR 1-72 PAGE Z OFD 1. ICEOHLME0 3 -14-80 (2) 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. (3) When a vehicle is found being operated upon the streets and is not in proper condition. (4) 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. (5) When any vehicle is left unattended upon a street continuously for more than 24 hours and may be presumed to be abandoned. (6) When the driver of such vehicle is taken into custody by the police department and such vehicle would thereby be left unattended upon a street. (7) When removal is necessary in the interest of public safety because of fire, flood, storm, or other emergency reason. (8) Any violator taken into custody pursuant to Section 1 of this ordinance may at the discretion of the magistrate be released without posting bond, if the violator agrees to the impounding in a garage authorized by this ordinance of the vehicle owned and driven by the violator or to surrender his or her driver's license to insure the violator's appearance in the municipal court to answer the charges against same, and pay such fine as may be assessed against the violator. (9) 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 magistrate, such charges to be based upon a computation of all actual expenses entering into the current cost OR 1-72 PAGES OF4- • 1 1 MICROFILMED 344-80 • of such services. Such charge or charges shall be posted f e public inspection in the office of the municipal clerk or the traffic violations bureau, and in any authorized garage. SECTION 3. Notice of impounding: (1) Whenever an officer removes a vehicle from a street as authorized in Section 2 of this ordinance, 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. (2) Whenever an officer removes a vehicle from a street under Section 2 of this Ordinance, 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. SECTION 4. This Ordinance shall become effective immediately upon its adoption.: hgEttl • City C le Approved as to Form: AA� Posted: - 1-6 -72 Second Reading: 2 -1 -72 = I -4 -72 City Attorney (OR 1-72 PAGE OFD