1884
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ORDINANCE NO. 1884
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
REPEALING SECTION 22-115, AUTHORITY TO IMPOUND
ILLEGALLY PARKED VEHICLES, OF CHAPTER Z2, TRAFFIC,
OF` THE CODE OF ORDINANCES OF THE CITY OF CLEARWATER,
FLORIDA, 1962, AND ENACTING NEW SECTIONS TO PROVIDE
AUTHORITY TO IMPOUND VEHICLES; TO PROVIDE NOTICE OF
IMPOUNDMENT AND STORAGE WHEN OWNER PRESENT OR
NOT PRESENT; TO PROVIDE FOR RELEASE OF MOTOR-,
VEHICLES FROM IMPOUNDMENT AND FOR PAYMENT OF
CHARGES; TO PROVIDE FOR HEARING ON THE IMPOUNDMENT
AND CHARGES BEFORE HEARING EXAMINER AND THE FIND-
INGS THEREOF; TO PROVIDE FOR SATISFACTION OF LIEN,
NOTICE OF PUBLIC SALE AND DISPOSITION OF PROCEEDS
FROM SALE; TO PROVIDE CHARGES FOR TOWING AND
STORAGE; TO PROVIDE THAT NOTHING CONTAINED HEREIN
SHALL INTERFERE WITH STATUTORY PROCEDURE; TO
AUTHORIZE THE CHIEF OF POLICE AND THE DIRECTOR OF
FINANCE TO MAKE RULES FOR THE IMPLEMENTATION
AND ADMINISTRATION OF THIS ORDINANCE; PROVIDING FOR
REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH TO THE EXTENT OF SUCH CONFLICT;
PROVIDING FOR THE SEPARABILITY OF THE PROVISIONS
HEREOF; PROVIDING FOR PROPER NOTICE OF PROPOSED
ENACTMENT; AND PROVIDING FOR THE EFFECTIVE DATE
OF THIS ORDINANCE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. Section 22-115, Authority To Impound Illegally Parked
Vehicles, of Chapter 22, Traffic, of the Code of Ordinances of Clearwater,
Florida, 1962, is hereby repealed in its entirety and the following new
sections are hereby enacted:
Section 22-115. Authority to Impound Vehicles,
The Chief of Police or any police officer of the city may
cause to be impounded and removed from the public streets:
(l) Any motor vehicle unlawfully parked in violation
of any provision of this code which prohibits park-
ing of vehicles at the place where, or time when,
the impounded motor vehicle is found.
(2) Any motor vehicle which is a stolen motor vehicle,
or is subject to seizure and forfeiture under the
laws of this state, or of the U.S., or is subject
to being held for use as evidence in a criminal
trial.
(3) Any motor vehicle, the continued pri6sence of
which, because of the physical location or condition
of the motor vehicle poses a danger to the public
safety or to the motor vehicle.
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Ord. #1684
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Section ZZ-116. Notice of Impoundment and Storage
of Motor Vehicle.
(a) The Chief of Police or his duty authorized representative
shall issue a notice to the registered owner of the vehicle
being impounded consistent with the following;
The notice shall provide that the motor vehicle is being
impounded and removed, that towing and storage charges
will be assessed against the impounded motor vehicle; the
owner may claim and regain possession of the impounded
motor vehicle at the location to which it is being removed
for storage, and that the owner may request a hearing as
to the propriety of the impoundment and as to the amount
of the owner's liability for towing and storage charges.
The notice shall also state the location where the impounded
motor vehicle will be stored and the place where the owner may
make his request for a hearing. Such notice shall also state
in the prominent language, that failure by the owner to request
a hearing within five (5) days after receipt of the notice may
act as a waiver of the owner's right to a hearing and that such
may result in the placing of a lien against the motor vehicle
for towing and storage charges without further notice to the
owner. The owner of the impounded motor vehicle shall sign
the notice as an acknowledgment that he has received a copy of
such notice.
(b) When Owner Present. When the Chief of Police or
any police officer of the city intends to impound and remove
a motor vehicle pursuant to section 22-115 of this code and
the owner of the motor vehicle is then present, the Chief of
Police, or the police officer, shall before the motor vehicle
is removed, provide the owner with a notice in the form
prescribed herein.
(c) When Owner Not Present. When the Chief of Police
or any police officer of the city removes a motor vehicle
pursuant to sections ZZ-115 and 22-116 of this code and the
owner of the motor vehicle is not present at the time of the
impoundment, the Chief of Police shall, if the owner resides
in this city, as appears from the motor vehicle registration,
immediately serve upon the owner of the impounded motor vehicle,
at the address on the motor vehicle registration, a notice, in
the form prescribed herein.
If the owner does not reside in the city, as appears from
the motor vehicle registration, the Chief of Police shall,
within twenty-four hours after impoundment, mail by certified
mail to the addressee only, return receipt requested, at the
address on the motor vehicle registration, a notice, in the
form prescribed by section 22-116, containing the same
information as required by section ZZ-116. If the notice is
mailed to the owner, only his copy shall be mailed; his
signature on the return receipt shall constitute an acknowledgment
of receipt of a copy of the notice and the return receipt shall be
firmly attached to the original notice.
(d) If the owner cannot be found at the address on the motor vehicle
registration and there is no other known address of the owner, such
owner shall be deemed to be, a resident of the State whose where-
abouts are unknown and service shall be made on the Secretary of
State as provided in Section 48. 171, Florida Statutes.
If the owner does not reside in the City, as appears from the
motor vehicle registration, the owner shall be deemed to be either
a resident of the State whose whereabouts are unknown or a non-
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k 9 resident of the State and service shall be made on the Secretary
of State as provided in Section 48. 171, Florida Statutes.
II t' (d) Failure or Refusal to Sign Notice. If any person
required by this section to sign a notice of impoundment
wilfully fails or refuses to do so, the Chief of Police shall
note this failure or refusal on the face of the notice which
shall constitute prima facie evidence of delivery or service
of notice to such person.
Section ZZ-117. Release of Motor Vehicle From Impoundment.
(a) Generally. The owner of an impounded motor vehicle
may secure the release of the motor vehicle from impoundment
upon requesting such release and presenting proof of ownership
satisfactory to the custodian of the place where the motor
vehicle is stored. Before such motor vehicle is released to
the owner it must be clearly established that the owner has
previously received notice as set forth in section ZZ- 116. At
the same time as the owner or his authorized agent requests
release of the impounded motor vehicle, and if such request
is made within 30 days after the owner receives a copy of the
notice of impoundment, the Chief of Police shall provide him
with an opportunity to request a hearing on the propriety of the
impoundment and the amount of his liability for towing and
storage charges due. However, if the owner or his authorized
agent requests release of the impounded motor vehicle more
than 30 days after the owner has received a copy of the notice
of impoundment, no hearing may be requested on the impound-
ment or towing and storage charges and the owner or his
authorized agent shall be conclusively presumed to have
consented to the impoundment and to the payment of the amount
of towing and storage charges due.
(b) Security for payment of Charges. If the ownership of
the impounded motor vehicle is evidenced by a title certificate
issued by the Florida Department for Highway Safety and Motor
Vehicles, the Chief of Police shall give due notice to the holder
of such title certificate by certified mail, return receipt
requested, as soon as such motor vehicle has been impounded.
The notice to be given the holder of a title certificate shall be
identical to and be a copy of the notice given to the owner of such
motor vehicle. Should the owner of such motor vehicle fail at
the expiration of thirty (30) days to obtain the release of the motor
vehicle, then the holder of such title certificate may, upon pay-
ment of all storage and towing charges, obtain the release of
the motor vehicle.
(c) If the ownership of the impounded motor vehicle is
subject to a foreign title instrument, or if the jurisdiction in
which title is recorded is not evident from the document establish-
ing ownership, the owner or his authorized agent, before the
release of the impounded motor vehicle takes place shall deposit
with the Chief of Police a cash sum in the amount of towing and
storage charges which sum of money shall be the equivalent of
the cost of thirty(30) days storage charges and whatever towing
charges are due. Failure of the owner or his authorized agent
to provide such sum of money in cash to the Chief of Police shall
entitle the Chief of Police to refuse to release the impounded
motor vehicle, provided a date is ,set for the hearing on the
impoundment of the motor vehicle and the storage and towing
charges due.
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Section 22-118. Hearing. If the owner of an impounded motor
vehicle, or his duly authorized agent, timely requests the release
of the motor. vehicle from impoundment and also requests a hear-
ing on the impoundment and charges, as provided herein, the
Chief of Police shall set a date, not more than five (5) days after
the date nf impoundment, for the hearing. The Chief of,-Police
shall designata an individual as a hearing officer to conduct the
hearing as required by this section. At such hearing, the owner,
or his authorized agent, or his attorney, shall be given the op-
portunity to present, by oral testimony or documentary evidence;'
his objections to (a) the impoundment of the motor vehicle and
(b) the amount of the towing and storage charges and his liability
£or payment thereof. If the owner, or his authorized agent,
requests a hearing more than five (5) days but not more than
thirty (30) days after receipt of a copy of the notice of impound-
ment, the owner, his authorized agent or his attorney shall be
required to show good cause for the delay in making such request.
If good cause for the delay in requesting a hearing cannot be
shown; the hearing examiner shall dismiss the hearing and make
the finding that the impoundment was proper and the owner is
responsible for the payment of towing and storage charges. If
the hewing examiner determines that there is good and suffident
cause for the delay he shall proceed to hear the owner's objec-
tions and shall render his decision.
Section 22-119. Findings by the Hearing Examiner.
The Hearing Examiner may find that the impoundmend was
proper; or he may find that the owner was not liable for any
towing or storage charges as a result of the impoundment; he
may determine whether and to what extent the city shall bear
the expense of the towing and storage charges; or if he finds
that the impoundment was proper he shall establish the amount
of the towing and storage charges to be assessed against the
impounded motor vehicle. The amount of such towing and
storage charges shall constitute a lien on such motor vehicle.
A copy of such decision shall be furnished to the owner, his
authorized agent, or to his attorney and also to the holder of
the title certificate of such motor vehicle. The decision of the
Hearing Examiner shall be final.
Section Z2-120. Satisfaction of Lien; Notice of Public Sale.
The holder of a lien against an impounded motor vehicle
which lien has not been discharged or paid may enforce such
lien in'any manner provided by law. Notice of any sale of the
impounded motor vehicle to satisfy such lien shall be given
in writing to the owner and any other lienholder, if known, by
certified mail, return receipt requested. Such certified letter
shall contain the date, time and place of such sale to be fixed
by the Chief of Police and he'shall conduct such sale in the
name of and on behalf of the city.
Section 22-121. Disposition of Proceeds Derived from Sale.
The proceeds of a public sale held pursuant to the sections
contained. herein, whether such sale was conducted by the City
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or by any other person, after payment of the necessary
towing and storage charges and any other expenses incident
to such sale, shall be deposited with the treasurer of the
City of Clearwater, if the owner of the motor vehicle is
absent from the sale and shall be credited to a Trust
Account. The funds deposited in the Trust Account shall
remain in' such account subject to the order 'of the person
legally entitled thereto, •or if no claim is made for such
funds within a period of one year from the date of such sale,
the funds shall become the property'of the City and shall
be released from the Trust Account, and be paid into the
General Fund of the City as miscellaneous revenue.
.s.-Section 22-122. Towing, Other Servicee and Storage Charges.
When any motor vehicle must be transported to a designated
public storage location within the City of Clearwater, the
standard charges for towing and storage or other services
shall be made by the towing firm and by the City to owners
of motor vehicles directed to be towed by the Chief of Police.
The charges for towing and storage or other services shall
be determined by the vehicle to be towed or service to be
performed in accordance, with the following schedules: '
Towing and Other Service Charges
1. Charges for Towing;
(a) Anywhere within the City of Clearwater between the
hours of 8;00 A. M. and 5:00 P.M.:
Regular Wrecker Pickup $25.00
If "Dolly" required $25.00
(b) Anywhere within the City of Clearwater between the
hours of 5:00 P.M. and 8:00 A. M. :
Regular Wrecker Pickup' $35.00
If "Dolly" required $25.00
(c) Towtruck at scene over one (1) hour:
Each additional hour: $25.00
2. Storage Charges:
(a) Outside Storage - $3.00 per twenty-four (24) hour
period or fraction thereof.
(b) Inside Storage - $5. 00 per twenty-four (24) hour
period or fraction thereof.
Section 22- 123. Nothing' Herein Contained To Interfere
With Statutory Procedures.
Nothing in this ordinance shall be construed to augment,
diminish, supresede or otherwise interfere with any statutory
procedures established by the legislature for the collection of
unpaid towing and storage charges. The procedures contained
herein are supplementary and accumulative to any statutory"'
procedures.
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Section ZZ•• 1 24. Authority to Make Rules. ?:;; Y. y • '' ??
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The Chief of Police, and Director of Finance are. authorized ,
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to make rules for the implementation and administration of this
ordinance.
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Section 2. All ordinances or parts of ordinances in conflict here- ;?
with are to the extent of such conflict hereby repealed.
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Section 3. Should any part or provision of this ordinance be
declared by a court of competent jurisdiction to be invalid, the same shall
not affect the validity of the ordinance as a whole, or any part thereof
other than the part declared invalid.
Section 4. Notice of the proposed enactment of this ordinance has I
been properly advertised in a newspaper of general circulation in accordance
with Chapter 166.041, Florida Statutes.
Section 5. This ordinance shall became effective immediately upon
its passage.
' PASSED ON FIRST READING January 18, 1979 '
+ PASSED ON SECOND AND FINAL
READING AND ADOPTED Febxuar ' I,' 1979
Mayor-Commissioner
Attest:
City Clerk
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RECEIVED
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CEEARWATER SUN .1A1 18 1979 l ubllxhed Daily (
Cirarit:ulrr, Pinrilim County, Flurlda
S'rj%TE OFF LORI DA
COUNTY OFPINELLAS: Q UVY CLERK
1lrfurr Ill e untienliturd nuthurity prrsunully appeared Alice l.incoin, who on oath ¦nys that she
1. the hrgnl Civrk of the Clearwater xiin, a daily newspaper puhitshed al (3ear^water ht 111nriins (iranty,
1•'lorklot that dtr atntrhrd copy of srlrerllsrntrnt, heing a .....................................
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In tile .......................................................... (:,art. was 11111116110,11111
.nil]. ure+polirr is the Issurs of .......Tc'i n, • • 4.7 •,• • 7 S .................................
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Aflianf hirsher says dons tile said Clearwater Sun Is n newspaper publislied at Clearwater, in snit]. PLMLI
I'lorllus County, }ktridn, ant( that Ike. said newspaper has heretofore been continuously plrbil.hed in snit! itom''s, 7 j
i"Iariln. (:,rally. Flarlda, each clay and bas horn entered as secund class moil mniter at the post office in !-AM?1?1iy&?'1t'•?p?LQ&
C14-HrM ntrr, ht said I'htellat County, Florida. for a period of tine year next preceding the firm publication ?T A++ XID.
of the tolurhed ropy of adrerd+ementl and af(iant further tnys that she has neither pald mile pron'llsrd i'1O RY. ROCED 1
aui pt•rson, (Iron or enrporation any ditruum, rebate, eommlulon or refund tar the purprrse of securing ,pfl?,gG ,i ,ARD0
Iii, uthrrilarmerrt fife publication In the said newspaper: {MAKER ''.Y`OP
MT1oN i
HOTAAY F!1]LiT:, STATE to FL4A103 ADMINts at tAk31i C.. ??y yr}tt
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