Ord 33-03ORDINANCE NO. 33-03
AN ORDINANCE OF THE CITY CO'~MISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 71, "PARKING REGULATIONS", OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, BY REPEALING SECTIONS 71.070
THROUGH 71.073 IN THEIR ENTIRETY AND ENACTING
A NEW SECTION 73.15, "WHEN IMPOUNDMENT
AUTHORIZED FOR UNATI'ENDED/ABANDONED
VEHICLES", TO PROVIDE CLARIFICATION AS TO
WHEN IMPOUNDMENT IS AUTHORIZED FOR
UNATI'ENDED, ABANDONED VEHICLES; ENACTING A
NEW SECTION 73.16, "NOTICE OF IMPOUNDMENT," TO
PROVIDE FOR NOTICE OF IMPOUNDMENT OF
UNA'ITENDED/ABANDONED VEHICLES; ENACTING A
NEW SECTION 73.17, "RELEASE OF IMPOUNDED
VEHICLE," PROVIDING FOR RRI.EASE OF IMPOUNDED
VEHICLE," ENACTING A NEW SECTION 73.18, "SALE OF
IMPOUNDED VEHICLE," PROVIDING FOR SALE OF
IMPOUNDED VEHICLE; PROVIDING A SAVINGS
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach has determined that vehicle
impoundment for unattended/abandoned vehicles is necessary in order to effectively deal with
abandoned vehicles; and
WHEREakS, the City Commission of the City of Delray Beach, Florida, desires to adopt thi~
ordinance as amended in order to provide for the health, safety and welfare of its citizens and those
other persons utilizing the public streets.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA:
Section 1. That Tide VII, "Traffic Code," Chapter 73, "Impoundment," Section 73.15,
"When Impoundment Authorized for Unattended/Abandoned Vehicles," of the Code of
Ordinances of the City of Delray Beach, be enacted to read as follows:
Unattended/Abandoned Vehicle~
Section 73.15 WHEN IMPOUNDMENT AUTHORIZED FOR UNATTENDED/
ABANDONED VEHICLES.
Members of the Police Department are hereby authorized to remove a vehicle from
a street or highway to the nearest garage or other place of safety, or to a garage de~i?~ted or
maintained by the Police Department or by the City. under the following circumstances:
(A) When any vehicle is left unattended upon any bridge, viaduct, causeway or
tunnel, where such vehicle constitutes an obstruction to traffic.
.(13) When a vehicle upon a street is so disabled as to constitute an obstruction to
traffic or the person in charge of the vehicle is. by reason of physical injury., incapacitated to
such an extent as to be unable to provide for its custody and removal.
(C) When any vehicle is parked continuously upon a street for more than 72
hours, prior to removal, procedures must be followed in accordance with Secfon 90.02.(15).
(12)) 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.
.(E) 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.
(F) When removal is necessary, in the interests of public safe .ty because of fire,
flood, storm, or other emergency, reason.
Section 2. That Title VII. "Traffic Code". Chapter 73. "Impoundment." Section 73.16.
"Notice of Impoundment of Unattended/Abandoned Vehicles." be enacted to read as follows:
Section 73.16 NOTICE OF
UNATTENDED/ABANDONED VEHICLES.
IMPOUNDMENT OF
Whenever an officer removes a vehicle from a street as authorized in thi~
subchapter, and when the officer knows or is able to ascertain the name and address of the
owner thereof, such officer shall immediately ~ve or cause to be given notice in writing to
the owner of the fact of the removal, the reasons therefor, and the place to which the vehicle
2 ORD. NO. 33-03
has been removed. In the event of the vehicle being stored in an authorized garage, a copy
of such notice shall be ~ven to the proprietor of the garage.
(B) Whenever an officer removes a vehicle from a street under this subchapter
and does not know and is not able to ascertain the name of the owner or for any other
reason is unable to ~ve notice to the owner, the officer shall, within 24 hours through the
medium of electronic communications, contact the State Departlnent of Highway Safety. and
Motor Vehicles ~ving a full description of the vehicle, and shall file a copy of such notice
with the proprietor of any authorized garage in which the vehicle may be stored. The notice
shall include a complete description of the vehicle, the date. time and place from which
removed, the reasons for removal, and the name of the garage or place where the vehicle is
stored.
Section 3. That Tire VII. "Traffic Code". Chapter 73. "Impoundment." Section 73.17.
"Release of Impounded Vehicle," be enacted to read as follows:
Section 73.17 RELEASE OF IMPOUNDED VEHICLE.
No vehicle impounded under Section 73.15 in an authorized garage shall be released
therefrom until the charges for towing the vehicle into the _t~rage and all storage charges
have been paid. The charges for towing or removal of any vehicle and storage shall be at the
expense of the owner.
Section 4. That itle VII, "Traffic Code," Chapter 73. "Impoundment." Section 73.18. "Sale
of Impounded Vehicles." be enacted to read as follows:
Section 73.18 SALE OF IMPOUNDED VEHICLE.
(A) If the residence or address of the owner or any person holding a lien upon an
impounded vehicle cannot be ascertained, or if the owner or person holding a lien upon the
vehicle fails to take possession of the vehicle within thirty. (.30) days after the mailing of the
notice provided for in Sec. 73.17. such vehicle shall be sold at public outcry, by the Chief of
Police at some place within the City.. but prior to the sale a notice shall be published in a City.
publication at least ten days prior to the date of sale. Such notice shall give the time and
place of sale and describe the motor vehicle to be sold. A copy of such notice shall be mailed
to the owner and each person holding a lien on the car. if their address be known, at least
ten days before the date of the sale.
(1) The City. shall not guarantee tide to such vehicle or to deliver a tide
of ownership, but shall furnish the purchaser a certificate in substantially the following form:
3 ORD. NO. 33-03
Certificate No.
Delray Beach Police Dept.
Delray Beach. Florida
CERTIFICATE OF SALE
THIS IS TO CERTIFY that the following described car was abandoned on the
public streets of Dekay Beach. Florida. and was placed in the custody of the Police
Department where it was held for thirty. (30) days. after which time it having been impossible
to find the owner of the same. or if found, he failed to repossess same, this automobile was
sold to the highest bidder after legal advertisement.
This certificate of sale is therefore issued m
residing at
Make:
Engine No.:
Chassis No.:
Dated at Delmy Beach. Florida. this day of
,20 ·
Chief of Police
(.2) The above form shall be in duplicate. The o '_riginal shall be ~ven m
the purchaser and the duplicate bound in a book or record.
.(B) If any motor vehicle shall be sold as provided in sections 73.15 through
73.18, the proceeds of the sale. after paving all the costs actually expended for advertising or
otherwise in the sale. shall be deposited in the General Fund of the City.
(C) The owner or any person having a lien upon an impounded vehicle may take
possession of the same at any time prior to the sale provided for in division (A). but such
person shall reimburse the City for all reasonable expenses for storage, advertising, or other
expense incurred in conneeti0n therewith.
(D) The proceeds of any sale of an impounded vehicle paid to the General Fund
of the City shall not be expended or disbursed for ninety (90) days after the date of such sale.
At any time during that period, the owner or any person having an interest in the motor
vehicle may, upon making proof of such ownership or interest, recover back from the Fund
4 ORD. NO. 33-03
the proceeds of the sale. less all the expenses of caring for such property, advertising, and
the
Section 5. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 7. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PAS~SED AND ~O~E~) in regular session on second and final reading on this the
~t day of (.J-~A~) ,2003.
A'ITEST:
CITY CLERK
Fi t Readm
5 ORD. NO. 33-03
0
TO:
FROM:
SUBJECT:
DATE:
MEMORANDUM
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~{N,
ORDINANCE NO. 33-03
REGULATIONS")
- REGULAR MEETING OF OGTOBER 7, 2005
(.AMENDING CHAPTER 71, "PARKING
OCTOBER 3, 2003
This ordinance is before Commission for second reading to amend Chapter 71, "Parking Regulations"
of the City Code of Ordinances by repealing Sections 71.070 - 71.073 and enacting new Sections
73.15 - 73.18, to provide clarification for the impoundment of unattended/abandoned vehicles.
At the first reading on September 23, 2003, the Commission passed Ordinance No. 33-03.
Recommend approval of Ordinance No. 33-03 on second and final reading.
S:\City Clerk\agenda memo~.O~d 33.03.Parking Regulations 10.07.03
ORDINANCE NO. ~, -03
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 71,
"PARKING REGULATIONS", OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING
SECTIONS 71.070 THROUGH 71.073 IN THEIR ENTIRETY AND
ENACTING A NEW SECTION 73.15, '~/HEN IMPOUNDMENT
AUTHORIZED FOR UNATTENDED/ABANDONED VEHICLES",
TO PROVIDE CLARIFICATION AS TO WHEN IMPOUNDMENT IS
AUTHORIZED FOR UNATTENDED, ABANDONED VEHICLES;
ENACTING A NEW SECTION 73.16, "NOTICE OF
IMPOUNDMENT," TO PROVIDE FOR NOTICE OF
IMPOUNDMENT OF UNATTENDED/ABANDONED VEHICLES;
ENACTING A NEW SECTION 73.17, "RELEASE OF IMPOUNDED
VEHICLE," PROVIDING FOR RELEASE OF IMPOUNDED
VEHICLE," ENACTING A NEW SECTION 73.18, "SALE OF
IMPOUNDED VEHICLE," PROVIDING FOR SALE OF
IMPOUNDED VEHICLE; PROVIDING A SAVINGS CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach has determined that vehicle
impoundment for unattended/abandoned vehicles is necessary in order to effectively deal with
abandoned vehicles; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to adopt this
ordinance as amended in order to provide for the health, safety and welfare of its citizens and
those other persons utilizing the public streets.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA:
Section 1. That Title VII, "Traffic Code," Chapter 73, "Impoundment," Section 73.15,
'~Vhen Impoundment Authorized for Unattended/Abandoned Vehicles," of the Code of
Ordinances of the City of Delray Beach, be enacted to read as follows:
Unattended/Abandoned Vehicles
Section 73.15 WHEN IMPOUNDMENT AUTHORIZED FOR UNATTENDED/
ABANDONED VEHICLES.
Members of the Police Department are hereby authorized to remove a vehicle from
a street or hiqhway to the nearest qara.qe or other place of safety or to a .qaraqe
desi.qnated or maintained by the Police Department or by the City under the followin.q
circumstances:
(A) When any vehicle is left unattended upon any bridge, viaduct, causeway or
tunnel, where such vehicle constitutes an obstruction to traffic.
(B) When a vehicle upon a street is so disabled as to constitute an obstruction to
traffic or the person in charge of the vehicle is1 by reason of physical injury, incapacitated
to such an extent as to be unable to provide for its custody and removal.
(C) When any vehicle is parked continuously upon a street for more than 72
hours, prior to removal, procedures must be followed in accordance with Section 90.02(B).
(D) When any vehicle is left unattended upon a street and is so parked illeqally
as to constitute a definite hazard or obstruction to the normal movement of traffic.
(E) 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.
(F) When removal is necessary in the interests of public safety because of fire,
flood, storm, or other emergency reason.
Section 2. That Title VII1 "Traffic Code", Chapter 731 "Impoundment," Section 73.16,
"Notice of Impoundment of Unattended/Abandoned Vehicles," be enacted to read as follows:
Section 73.16 NOTICE OF IMPOUNDMENT OF UNATTENDED/ABANDONED
VEHICLES.
(A) Whenever an officer removes a vehicle from a street as authorized in this
subchapter, and when 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 Riven notice in writinq
to the owner of the fact of the removal, the reasons therefor, and the place to which the
vehicle has been removed. In the event of the vehicle beinR stored in an authorized
(~ara(~e, a cody of such notice shall be given to the proprietor of the garage.
2 ORD. NO.~-03
(B) Whenever an officer removes a vehicle from a street under this subchapter
and does not know and is not able to ascertain the name of the owner or for any other
reason is unable to .qive notice to the owner, the officer shall, within 24 hours thmu.qh the
medium of electronic communications, contact the State Department of Highway Safety
and Motor Vehicles giving a full description of the vehicle, and shall file a copy of such
notice with the proprietor of any authorized garage in which the vehicle may be stored.
The notice shall include a complete description of the vehicle, the date, time and place
from which removed, the reasons for removal, and the name of the garage or place where
the vehicle is stored.
Section 3. That Title VII, "Traffic Code"1 Chapter 73, "Impoundment," Section 73.17,
"Release of Impounded Vehicle1" be enacted to read as follows:
Section 73.17 RELEASE OF IMPOUNDED VEHICLE.
No vehicle impounded under Section 73.15 in an authorized qara.qe shall be
released therefrom until the charges for towing the vehicle into the qaraqe and all storage
charges have been paid. The charqes for towing or removal of any vehicle and storage
shall be at the expense of the owner.
Section 4. That Title VII, "Traffic Code1" Chapter 73, "Impoundment," Section 73.181
"Sale of Impounded Vehicles," be enacted to read as follows:
Section 73.18 SALE OF IMPOUNDED VEHICLE.
(A) If the residence or address of the owner or any person holding a lien upon an
impounded vehicle cannot be ascertained, or if the owner or person holding a lien upon the
vehicle fails to take possession of the vehicle within thirty (30) days after the mailinq of the
notice provided for in Sec. 73.17, such vehicle shall be sold at public outcry by the Chief of
Police at some place within the City, but prior to the sale a notice shall be published in a
City publication at least ten days prior to the date of sale. Such notice shall give the time
and place of sale and describe the motor vehicle to be sold. A copy of such notice shall be
mailed to the owner and each person holdinq a lien on the car, if their address be known,
at least ten days before the date of the sale.
(1) The City shall not guarantee title to such vehicle or to deliver a title of
ownership, but shall furnish the purchaser a certificate in substantially the following form:
Certificate No.
Delray Beach Police Dept.
Delray Beach, Florida 33444
CERTIFICATE OF SALE
3 ORD. NO.,.~ -03
THIS IS TO CERTIFY that the followinq described car was abandoned on the public
streets of Delray Beach, Florida, and was placed in the custody of the Police Department
where it was held for thirty (30) days, after which time it havinq been impossible to find the
owner of the same, or if found, he failed to repossess same, this automobile was sold to
the hi.qhest bidder after le.qal advertisement.
This certificate of sale is therefore issued to
residin~q at
Make:
Year:
En.qine No.:
Chassis No.:
Dated at Delray Beach, Florida, this
day of ,20 .
Chief of Police
(2) The above form shall be in duplicate. The oriqinal shall be .qiven to the
purchaser and the duplicate bound in a book or record.
(B) If any motor vehicle shall be sold as provided in sections 73.15 throu.qh
73.18, the proceeds of the sale, after payin.q all the costs actually expended for advertisin.q
or otherwise in the sale, shall be deposited in the General Fund of the City.
(C) The owner or any person havin.q a lien upon an impounded vehicle may take
possession of the same at any time prior to the sale provided for in division (A), but such
person shall reimburse the City for all reasonable expenses for stora.qe, advertisinq, or
other expense incurred in connection therewith.
(D) The proceeds of any sale of an impounded vehicle paid to the General Fund
of the City shall not be expended or disbursed for ninety (90) days after the date of such
sale. At any time durin.q that period, the owner or any person havin.q an interest in the
motor vehicle may, upon makinq proof of such ownership or interest, recover back from
the Fund the proceeds of the sale, less all the expenses of carinq for such property,
advertisin.q, and the makinq of such sale.
Section 5. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
4 ORD. NO.,'~ ~03
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 7. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,2003.
ATTEST:
CITY CLERK
First Reading
Second Reading
MAYOR
5 ORD. NO.,,.~:~-03