§ 15-8. Removing and impounding of illegally parked vehicles.

(a)

Whenever any law enforcement officer finds a vehicle standing or parking in violation of this chapter, the officer is authorized to move the vehicle, or require the driver or other persons in charge of the vehicle to move the same, to a position off the paved or main-traveled part of the street or highway, to a different parking space, to a private or public storage facility, or to any other location deemed suitable by the law enforcement officer.

(b)

Law enforcement officers are hereby authorized to provide for the removal of any unattended vehicle or Abandoned Vehicle, as defined in Chapter II of the Land Development Regulations, when such vehicle is found upon a bridge or causeway or on any public street or highway in the following instances:

(1)

Where such vehicle constitutes an obstruction of traffic;

(2)

Where such vehicle has been parked or stored on the public right-of-way for a period exceeding forty-eight (48) hours, in other than designated parking areas, and is within thirty (30) feet of the pavement edge; or,

(3)

Where an operative vehicle has been parked or stored on the public right-of-way for a period exceeding ten (10) days, in other than designated parking areas, and is more than thirty (30) feet from the pavement edge.

(c)

Law enforcement officers are hereby authorized to provide for the removal of any unattended vehicle or Abandoned Vehicle found on county or publicly owned property and to store and possess such vehicle in conformity with this section. For the purposes of this section, an unattended vehicle means any vehicle that has been parked or remained in an idle state on county or publicly owned property for five (5) consecutive calendar days. If the vehicle is to be removed by the law enforcement agency, the agency will follow the procedures set forth in section 15-8(d) below. The procedures in section 15-8(d) do not apply if the vehicle is removed from county or publically owned property by a wrecker company who will comply with Section 713.78, Florida Statutes.

(d)

When a law enforcement finds a vehicle parked in violation of the any of the parking regulations contained in this section the law enforcement agency will:

(1)

Issue and place notice on a conspicuous place on the vehicle providing the nature of the violation and notice that if the vehicle is not removed the vehicle will be removed and impounded at cost to the owner.

(2)

Notify the Florida Department of Highway Safety and Motor Vehicles in order to determine the name and address of the owner of the vehicle. Any vehicle moved under the provisions of this chapter which is a stolen vehicle shall not be subject to the provisions hereof unless the moving authority has reported to the state highway patrol the taking into possession of the vehicle within twenty-four (24) hours of the moving of the vehicle.

(3)

Whenever the law enforcement agency is able to ascertain the name and address of the owner of the vehicle, the agency will immediately give or cause to be given notice in writing to such of the fact or such removal, the reason therefore, the place which such vehicle is stored and the fact that charges for towing services and storage will be claimed as a lien, which is subject to enforcement pursuant to law.

(e)

The cost of towing or removing a vehicle impounded under this chapter and the cost of storing, including any notification costs incurred by the law enforcement agency, same shall be chargeable against the owner of the vehicle and shall be a lien upon the vehicle. The owner of the vehicle may secure the release of the vehicle upon presenting sufficient proof of ownership and by making payment of all charges. The amount to be charged to the owner for the towing services or storage, whether stored at a public or private facility, shall be no more than the amounts set forth in Section 15-7(a) above.

(Ord. No. 1996-76, § 1, 9-17-96; Ord. No. 2018-36, § 4, 8-21-18)