§ 70-6. Removal, impoundment of vehicles.

(a)

Police officers are authorized to have a vehicle removed from a street, sidewalk, alleyway, or any public property to a public or private garage so designated by the city, or other place of safety, under the circumstances hereinafter enumerated:

(1)

When any vehicle is left unattended upon any bridge or causeway and constitutes an obstruction to traffic.

(2)

When a vehicle upon a street is mechanically disabled and constitutes an obstruction to traffic, or the 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 and the vehicle constitutes an obstruction to traffic.

(3)

When a vehicle is being driven upon the streets and is not in proper condition to be driven, as defined in F.S. § 316.215.

(4)

When any vehicle is left unattended upon a street, alleyway or public property 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.

(6)

When the driver of such vehicle is taken into custody by the police and such vehicle would thereby be left unattended upon a street.

(7)

When removal is necessary in the interest of public safety due to fire, flood, storm or other emergency reason.

(8)

When removal is necessary in the interest of protecting private property from damage due to vandalism and theft of vehicular parts.

(9)

When removal is necessary due to the vehicle being utilized in commission of a crime or is needed for evidentiary purposes.

(10)

When removal is necessary due to the vehicle being parked illegally in an area which official traffic control signs designate as a towaway zone.

(11)

When the motor vehicle is being driven by an unlicensed or otherwise incompetent operator.

(12)

When a vehicle is parked, stopped, or standing in violation of chapter 70, article III.

(b)

In the case where circumstances exist as outlined in subsections (a)(2) and (a)(3) of this section and a competent operator is present, the department shall, prior to impounding a vehicle, afford the owner or the driver, at such person's option, a reasonable opportunity in which to provide for the removal of the vehicle within a reasonable length of time. In lieu of impounding the vehicle, in cases where neither the driver nor the owner elects to provide for the removal of the vehicle, or in cases where neither the driver nor the owner can provide for the removal of the vehicle within a reasonable length of time, the owner or the driver may elect in writing to allow the vehicle to remain in place, if lawful. Neither the city nor its employees or agents shall be held liable for any damages to such vehicle. Prior to the impounding of such vehicle pursuant to this subsection, the police officer shall inform the owner or the driver of the vehicle of the various alternatives to impounding, and, the officer, upon request, shall provide the owner or the driver with the requisite form upon which such person may elect to allow the vehicle to remain in place. For purposes of this subsection, the driver of the vehicle shall be conclusively presumed to be the authorized agent of the owner.

(c)

No vehicle impounded in a garage as herein provided shall be released therefrom until information necessary to complete any traffic citations issued has been provided to the police department.

(d)

Charges for towing and removal shall be fixed by the city council and shall be posted for public inspection in the designated towing service offices and at the police department.

(e)

If a vehicle owner or operator returns to the vehicle after the police department has summoned a wrecker service, the department will so advise the wrecker service, which will cancel response to that call. If the wrecker service has arrived at the scene, as the owner or operator returns to the vehicle, the wrecker service will retain the option to collect a service charge at that time.

(f)

When vehicles are towed by police request, the police officer will complete a towing form which reflects circumstances, general physical description of the car, and inventory of readily observable accessories and property in plain view in or on the vehicle. Items of value will either be secured in the vehicle, its trunk, or removed to the police property and evidence section. The city assumes no liability for the safeguarding, including the vehicle.

(g)

In the case of all vehicles towed and unclaimed after 72 hours, the police department will attempt to determine the legal owner of the vehicle and advise such owner of the location of the vehicle and actions necessary to effect release.

(Code 1981, § 19-11; Ord. No. 2001-32, § 1, 6-19-01; Ord. No. 2005-7, §§ 1, 2, 5-3-05; Ord. No. 2011-13, § 1, 9-20-11)