5710-94 ORDINANCE NO. 5710-94
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
,AMENDING CHAPTER 20, NUISANCES. OF THE CODE O
ORDINANCE-5 BY CREATING ARTICLE IV INOPERABLE VEHICLE'S ON
PUBLIC PROPERTY,, DECLARING IT UNLA WFUL TO PARK OR STORE
AN INOPERATIVE VEHICLE' ON PUBLIC PROPERTY; PROVIDING FOR
OEFINITIOI',S PROVIDING FOR' ENIFO CE MENT, AND PROVIDING
FOR AN EFF£.WIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Article IV, Section 20.71 , Code of Ordinances is created -to
ready
Article IV - Inoperative Vehicles on Public proper
Section 20;71 R Inoperative Vehicles on Public Property
{'1 Notwithstanding anything ;contained herein to the contrary, the
following words, terms;, and phrases, when used in this article shall have the
meanings described to them in this subsection, except where the context clearly
indicates a different meaning
"inoperative vehicle" means a vehicle that is in a state of disrepair and
incapable of being moved under its owe power, or a vehicle that is incapable of
being operated lawfully on the streets of the state. A motor vehicle shall be
deemed inoperative if a current registration tag., also known as a license plate,
of a kind required under state law as a condition of operation upon the public
streets is not affixed thereto, or if one or more parts which are required for
the operation of the ve iicle are missing, were dismantled, are inoperative or are
not attached to the v,ericle as designed.
°`Puali;c property" means any cite owned, leased, controlled, dedicated or
platted real propertt, including but not limited to parks, marinas, alley's,
streets, rights-of-wary or other real property.
( ) The keeping, storing, or parking of an inoperative vehicle on ainy
public property is hereby declared to be a nuisance. It shall be unlawful for
any person to keep, store, park, or allow to remain on public property any
inoperative vehicle.
3} This article may be enforced by any law enforcement officer, traffic
infraction enforcement officer, or code enforcement inspector certified as a
parking enforcement specialist. A law enforcement officer, traffic infractilon
enforcement officer, or code enforcement inspector certified as a parking
enforcement specialist is authorized to remove, have removed, or impounded any
inoperative vehicle which reasonably appears to be in violation of this article.
Any 1 aw enforcement off i cer,, traff i e i of race i on enforcement of f i cer,, or code
enforcement inspector who intends to remove, have removed, or impounded any
inooerative vehicle under this article shall comply with the procedures provided
for is+ Chapter 705, Florida Statutes as that Chapter relates to the impounding
of property located vr+ u a a property.t,y. r r cai l it, infraction ;��TL�rGE'.mP�1T t?TTlc€ors
f
and code enforcement inspectors are hereby authorized and designated by the City
to administer the provisions of Chapter 705, Florida Statutes as they relate to
lost, abandoned or inoperative vehicles.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING December 2, 1394
PASSED ON SECOND AND FINAL READING
AND ADOPTED January 5, 1995
Rita Garvey
Mayor-Commissioner
t
Attests
Cynt �a E. Goodeau 4
Clay perk
Approved as to form and
legal sufficiency:
Pamela K. Akin
City Attorney