Ord 34-03ORDINANCE NO. 34-03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DRLRAY BEACH, FLORIDA, ENACTING
CHAPTER 73, "IMPOUNDMENT", OF THE CODE OF
ORDINANCES OF THE CITY OF DF.I.RAY BEACH,
FLORIDA, BY ENACTING SECTION 73.01, "VEHICLE
IMPOUNDMENT," SECTION 73.02, RETURN OF
VEHICLE PRIOR TO ADMINISTRATIVE HEARING,"
SECTION 73.03, "HEARINGS; ADMINISTRATIVE
PENALTY," SECTION 73.04, "ADMINISTRATIVE
PENALTY; COSTS," SECTION 73.05, "RETURN OF THE
VEHICLE PRIOR TO ADMINISTRATIVE HEARING,"
SECTION 73.06, "APPEAL," SECTION 73.07, "UNCLAIMED
VEHICLES", PROVIDING FOR IMPOUNDMENT OF
MOTOR VEHICLES UTILIZED IN VIOLATION OF STATE
LAWS AND PROCEDUKES REGARDING SAME AND
SECTION 73.08, "ADMINISTRATIVE FEES", PROVIDING
FOR PAYMENT TO POLICE DEPARTMENT LAW
ENFORCEMENT TRUST FUND; PROVIDING A SAVINGS
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, it has come to the attention of the City Commission of the City of Delray
Beach that a vehicle impoundment ordinance is necessary in order to effectively deal with vehicles
being utilized in violation of certain state laws; and
WHEREAS, the City Commission of the City of Dekay Beach, Florida, desires to adopt
such an ordinance 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 D~Y BEACH, FLORIDA:
Section 1. That Tide VII, '~Fraffic Code", Chapter 73, "Impoundment", Section 73.01,
"Vehicle Impoundment", of the Code of Ordinances of the City of Delray Beach, be, and the same
is hereby enacted to read as follows:
Section 73.01 Vehicle Impoundment.
Impoundment of motor vehicles: controlled substances, prostitution, driving under the
influence, habitual offender, and ckiving with permanently revoked license.
(A) A motor vehicle shall be subject to seizure and impoundment whenever a
police officer has probable cause to believe that the vehicle:
1. Contains any controlled substance or cannabis as defined in Chapter
893, Florida Statutes: or
2. Was used in the purchase, attempt to purchase, sale. or attempt to sell
such controlled substance or cannabis: or
3. Was used to facilitate the commission of an act of prostitution.
assignation, or lewdness as defined in and pursuant to Section 796.07. Florida Statutes. or
4. Was being operated by a person driving under the influence as
defined in Section 316.193. Florida Statutes: or
5. Was being operated by a person whose driver's license has been
revoked pursnant to Section 322.264. Florida Statutes .(habitual offende[~ as defined in
Section 322.34(.5) Florida Statutes: or
6. Was being operated by a person whose driver's license or drivine
privileges were permanently revoked as defined in Section 322.341. Florida Statutes.
.(13) Upon sei~ing the motor vehicle, the police officer shall:
1. Provide for the towing of the vehicle in a City-owned or City-
controlled facility, or to a facility controlled by the City's towing agent: and
2. Notify in writing the registered owner of the vehicle and any person
who is found to be in control of the vehicle at the time of the impoundment of the facts of
the impoundment as well as of the owner's right to reclaim the vehicle pursuant to Section 2
and to request a preliminnry hearing pursuant to Section 73.03.
(.a) The notices to be ~ven pursuant to this section shall be
pr0vidcd by h~nd delivery, at the time of the seizure and impoundment of the vehicle, except
if the vehicle owner is not available to receive such notice, or if neither the vehicle owner
nor the person in control of the vehicle at the time of its seizure is available to receive such
notice, then notice shall be mailed to the vehicle owner by certified mail. return receipt
requested, within forty-eight (.48) hours of the time of the impoundment excludin~
Saturdays. Sundays and legml holidays.
2 ORD. NO. 34-03
(C) This section shall not apply and the vehicle shall not be seized or impounded
1. The possession, use or sale of the controlled substance and/or
cannabis is authorized by Chapter 499 or Chapter 893. Florida Statutes. or
2. The vehicle was stolen at the time that it was sub!ect to seizure and
impoundment and it was reported mithin 24 hours after the vehicle was discovered or reasonably should
have been discomred, or
3. The vehicle was o?mting as a common carder at the time it was
sub}ect to seizure and impoundment: or
4. A law enforcement agency, has expressed its intent in writing to
institute forfeiture proceedin~ on the vehicle.
Section 2. That Tide VII. "Traffic Code". Chapter 73. "Impoundment". Section 73.02.
"Return of Vehicle Prior to Administrative Hoaring", be, and the same is hereby enacted to read as
follows:
Section 73.02 Return of Vehicle Prior to Administrative Hearing_.
If the owner of the motor vehicle, or his/her agent or authorized representative pays
tO the City, an administrative civil penalty, of two b~mctred fifty, dollars ($250.01~ plus the
towing and storage costs, or posts with the City. a bond in the form of a money order or a
certified check in the amount of two hundred fifty, dollars ($2S0.00) plus the towing and
storage costs, the vehicle shall be released to the owner or his/her agent or authorized
representative prior to the administrative hearln~s held pursuant to Section 73.03. The
payment shall be held by the City. pending the aclrn~nist~ative hearing(s). If. at the preliminary.
hearing, there is a finding of probable cause, the City. shall retain the collected funds. If no
probable cause is found, the money shall be returned to the person who remitted same.
Section 3. That Tide VII. "Traffic Code"- Chapter 73. "Impoundment". Section 73.03.
"H~?rinLgs; _h clmini~trative penalty.", be. and the same is hereby enacted to read as follows:
Section 73.03 Flearln?s: Administrative Penalty_.
(A) Preliminary. Hearln~. If the owner of the motor vehicle, or his/her agent
or authorized representative has made a written request for a prelimina~, heating then:
1. The City. shall hold such hearing within seven lTD days of receipt of
the written request, excluding Saturdays. Sundays. and legal holidays, before a special master
3 ORD. NO. 344)3
or alternate special master of the City. of Delray Beach. At the hearing, the City. shall have
the burden to show that there is probable cause to believe that the motor vehicle is sub!eet
to impoundment and continued seizure under Section 73.01. The formal rules of evidence
shall not apply at the heating and hearsay evidence is admissible.
2. If. after the preliminary, heating, the special master or alternate special
master determines that there is probable cause to believe that the motor vehicle is sub!ect to
impoundment and continued seizure, he/she shall order the continued impoundment of the
vehicle unless the vehicle owner or his/her agent or authorized representative pays the City.
an administrative civil penalty, of two hundred fifty, dollars (.$250.00) plus the towing and
storage costs, or posts with the City. a bond in the form of a money order or a certified check
in the amount of two hundred fifty, dollars (.$250.0(~ plus the accumulated costs of towing
and storing the vehicle. If. after the hearing, there is a finding of no probable cause, the
vehicle or posted bond shall be released forthwith to the owner or his/her agent or
authorized representative without the imposition of penalties or fees along with any accrued
towing and/or storage fees.
.(B) Final Heating_. Within twen .ty (.20) days of the date that the motor vehicle
is seized and impounded pursuant to Section 73.01 and whether or not a prelimina~, heating
is requested, the Ci.ty shall notify, by certified mail. return receipt requested, the vehicle
owner of record of the date. time. and location of a final hearing to be conducted pursuant
to this subsection. The final hearing shall be scheduled and held. unless waived by
vehicle owner or continued by order of the special master or alternative special master, no
later than foray-five (.45) days after the date that the vehicle was seized and impounded.
formal rules of evidence w'dl not apply at the final heating. The Ci.ty shall have the burden to
show by a preponderance of the evidence that the vehicle was used as set forth in any of the
sub-sections in Section 73.01 (A) (1). (2)- (.3). (.4) and (.5). If. after ~h¢ hearing, a finding is
made that the vehicle is subject to impoundment and seizure pursuant to Section 73.01, and
that none of the exceptions set forth in Section 73.01(C) apply, then the special master or
alternative special master of the Ci.ty of Delray Beach shall enter an order finding the owner
of record of the vehicle civilly liable to the City. for an administrative penalty, of two hmadred
fif~. dollars ($250.0Q}. plus towing and storage costs. If. after the hearing, a finding is made
that the City. did not meet its burden of proof as set forth in this subsection, or that one of
the exceptions of Section 73.01(C) apply, the vehicle and any bond posted shall be returned
to the owner, along with any accrued towing and/or storage fees.
Section 4. That Title VII. "Traffic Code". Chapter 73. "Impoundment", Section 73.04.
"Administrative Penalty: Costs". be. and the same is hereby enacted to read as follows:
Section 73.04 Administrative Penalty: Costs.
4 ORD. NO. 3403
If an administrative penalty., towing and storage costs and/or heating costs
imposed pursuant to Section 73.03. such penalty, and costs shall constitute a debt due and
owing to the City.. The vehicle's record owner's obligation to pay such debt to the City shall
be independent of the Ci .ty's return or release of the vehicle. If cash or a cash bond has been
posted pursuant to Section 73.02. the bond shall be applied toward payment of the penalty
and costs.
Section 5. That Tide VII. "Traffic Code". Chapter 73. "Impoundment". Section 73.05,
"Return of the Vehicle". be. and the same is hereby enacted to read as follows:
Section 73.05 Return of the Vehicle.
Except as provided otherwise in Section 73.03. an impounded vehicle shall be
returned to its record owner, or to the person who is legally entitled to possess the vehicle
upon his/her payment of the administrative penalty, and costs to the City.. plus any towing
and storage fees. unless the vehicle has been sold or othemrise disposed of to satisfy a
!ud_mnent or enforce a lien as provided by law.
Section 6. That Tide VII. "Traffic Code". Chapter 73. "Impoundmenf'. Section 73.06.
"Appeal". be. and the same is hereby enacted to read as follows:
Section 73.06 Anoeal.
The owner of the motor vehicle that has been the subject of a seizure and
impoundment pursuant to Section 73.01.73.02 and 73.03. or the City. may appeal the rulin~
and decisions of the special master or alternate special master of the City. of Dekay Beach by
writ of certiorari to the Circuit Court of the Fifteenth Judicial Circuit of Palm Beach G0unty,
within thirty. (.30) days of the date of the order being appealed. The City. may charge a
reasonable fee for the preparation of the record for purposes of making the appeal.
Section 7. That Tide VII. "Traffic Code". Chapter 73. "Impoundment". Section 73.07,
"Unclaimed Vehicles". be. and the same is hereby enacted to read as follows:
Section 73.07 Unclaimed Vehicles,
Any motor vehicle that is not reclaimed within six .ty (.6Q3 days from the date of the
final order of the special master or alternate special master of the City. of Delray Beach
subjecting the owner of the motor vehicle to an administrative civil penalty of $250.00,
becomes unclaimed evidence pursuant to Section 705.101(.6), Florida Statutes. Such
unclaimed vehicle shall then be disposed of by the City. pursuant to Section 705.105, Florida
Statutes.
5 ORD. NO. 34-03
Section 8. That Title VII. "Traffic Code". Chapter 73. "Impoundmen¢'. Section 73.08.
"Administrative Fees". be. and the same is hereby enacted to read as follows:
Section 73.08 Administrative Fe¢~.
The proceeds of any sale of an impounded motor vehicle as provided in sections
73.01 through 73.07. after paying all the costs actually expended for towing and storage, shall
be deposited into the Police Dep~mxent's Law Enforcement Trust Fund.
Section 9. 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 10. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 11. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in rega~l~r session on second and final reading on this the
day of ,2003.
A'IT~',ST:
MAYOR
CITY CLERK
First Reading
Second Reading
6 ORD. NO. 34-03
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~__~
AGENDA ITEM # ~x.~ - REGULAR MEETING OF OCTOBER 7. 2003
ORDINANCE NO. 34-03 (ENACTING CHAPTER 73 "VEHICLE
IMPOUNDMENT")
OCTOBER 3, 2003
This ordinance is before Commission for second reading to enact Chapter 73, "Vehicle
Impoundment", to the City Code of Ordinances to provide for administrative penalties for vehicle
impoundment.
At the first reading on September 23, 2003, the Commission passed Ordinance No. 34-03.
Recommend approval of Ordinance No. 34-03 on second and final reading.
S:\Cit~ Clerk\agenda memos. Oral 34.03.Vehicle Impoundment 10.07.03
CITY OF DELRrlY BEACH
CITY ATTORNEY'S OFFICE
k, wdi,,d POLICE LEGAL ADVISOR
1993
300 W. ATLANTIC AVENUE ,, DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7823 · FACSIMILE 561/243-7815
POLICE LEGAL ADVISOR
MEMORANDUM
To:
From:
Date:
Re:
Mr. David Harden, City Manager
Catherine M. Kozol,f I ~.,
Police Legal Advisor~/v
August 18, 2003
City Vehicle Impoundment Ordinances
I have enclosed 2 ordinances for your review and for placement either on
an agenda for first reading unless you believe there is need for a workshop first.
The first ordinance is an updated ordinance from the old Section 71.070
through 71.073 to a new Chapter 73.15 through 73.18. The ordinance remains
unchanged with the exception of 73.15{C), in which we added that prior to the
removal of a vehicle, procedures must be followed in accordance with Section
90.02(B) of the Code.
The second ordinance, Section 73.01 through Section 73.07 is an entirely
new ordinance dealing with administrative penalties for vehicle impoundment of
vehicles involved with violations of certain State laws. This ordinance will allow a
police officer with probable cause of a violation of the various enumerated crimes
to impound a car and charge an administrative penalty of $250.00. Upon
impoundment, the owner can request, in writing, a preliminary hearing, to
determine probable cause. The hearing would have to be held within seven (7)
days from the date of the request. Between 20 and 45 days, a final hearing to
determine whether the vehicle
Page Two
David Harden, City Manager
August18,2003
was impounded according to one of the cited crimes by preponderance of the
evidence will have to be completed. The owner can waive this hearing if he so
chooses. It should be noted that the owner may post a bond of $250.00 and
have a vehicle returned to him as soon as he posts the bond. The hearing would
determine whether the City keeps or returns the bond.
If you have any questions or concerns, please do not hesitate to call me.
CMK/ath
Encs.
cc: Susan Ruby, City Attorney
Terrill Pyburn, Asst. City Attorney
Chief Larry Schroeder
2
ORDINANCE NO. 3~' -03
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ENACTING CHAPTER 73,
"IMPOUNDMENT", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, BY ENACTING SECTION
73.01, '¥EHICLE IMPOUNDMENT," SECTION 73.02, RETURN
OF VEHICLE PRIOR TO ADMINISTRATIVE HEARING," SECTION
73.03, "HEARINGS; ADMINISTRATIVE PENALTY," SECTION
73.04, "ADMINISTRATIVE PENALTY; COSTS," SECTION 73.05,
"RETURN OF THE VEHICLE PRIOR TO ADMINISTRATIVE
HEARING," SECTION 73.06, "APPEAL," SECTION 73.07,
"UNCLAIMED VEHICLES", PROVIDING FOR IMPOUNDMENT OF
MOTOR VEHICLES UTILIZED IN VIOLATION OF STATE LAWS
AND PROCEDURES REGARDING SAME AND SECTION 73.08,
"ADMINISTRATIVE FEES", PROVIDING FOR PAYMENT TO
POLICE DEPARTMENT LAW ENFORCEMENT TRUST FUND;
PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, it has come to the attention of the City Commission of the City of Delray
Beach that a vehicle impoundment ordinance is necessary in order to effectively deal with
vehicles being utilized in violation of certain state laws; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to adopt
such an ordinance 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 73.01,
"Vehicle Impoundment", of the Code of Ordinances of the City of Delray Beach, be, and the same
is hereby enacted to read as follows:
Section 73.01 Vehicle Impoundment.
Impoundment of motor vehicles; controlled substances, prostitution, driving under the
influence, habitual offender, and drivin.q with permanently revoked license.
(A) A motor vehicle shall be subiect to seizure and impoundment whenever a
police officer has probable cause to believe that the vehicle:
1. Contains any controlled substance or cannabis as defined in Chapter
893, Florida Statutes; or
2. Was used in the purchase, attempt to purchase1 sale, or attempt to
sell such controlled substance or cannabis; or
3. Was used to facilitate the commission of an act of prostitution,
assignation, or lewdness as defined in and pursuant to Section 796.07, Florida Statutes, or
4. Was beinq operated by a person drivinq under the influence as
defined in Section 316.193, Florida Statutes; or
5. Was being operated by a person whose driver's license has been
revoked pursuant to Section 322.264, Florida Statutes (habitual offender) as defined in
Section 322.34(5) Florida Statutes; or
6. Was being operated by a person whose driver's license or drivinq
privileges were permanently revoked as defined in Section 322.341, Florida Statutes.
(B) Upon seizing the motor vehicle, the police officer shall:
1. Provide for the towing of the vehicle in a City-owned or City-controlled
facility, or to a facility controlled by the City's towinq agent; and
2. Notify in writing the registered owner of the vehicle and any person
who is found to be in control of the vehicle at the time of the impoundment of the facts of
the impoundment as well as of the owner's riqht to reclaim the vehicle pursuant to Section
2 and to request a preliminary hearing pursuant to Section 73.03.
(a) The notices to be qiven pursuant to this section shall be
provided by hand delivery at the time of the seizure and impoundment of the vehicle,
except if the vehicle owner is not available to receive such notice, or if neither the vehicle
owner nor the person in control of the vehicle at the time of its seizure is available to
receive such notice, then notice shall be mailed to the vehicle owner by certified mail,
return receipt requested, within forty-eight (48) hours of the time of the impoundment
excluding Saturdays, Sundays and legal holidays.
This section shall not apply and the vehicle shall not be seized or impounded
2 ORD. NO.~-~-03
1. The possession, use or sale of the controlled substance and/or
cannabis is authorized by Chapter 499 or Chapter 893, Florida Statutes, or
2. The vehicle was stolen at the time that it was subiect to seizure and
impoundment and it was reported within 24 hours after the vehicle was discovered or
reasonably should have been discovered, or
3. The vehicle was operatinq as a common carrier at the time it was
subiect to seizure and impoundment; or
4. A law enforcement agency has expressed its intent in writing to
institute forfeiture proceedinqs on the vehicle.
Section 2. That Title VII, "Traffic Code", Chapter 73, "Impoundment", Section 73.02,
"Return of Vehicle Prior to Administrative Hearinq", be, and the same is hereby enacted to read
as follows:
Section 73.02 Return of Vehicle Prior to Administrative Hearin.q.
If the owner of the motor vehicle, or his/her agent or authorized representative pays
to the City, an administrative civil penalty of two hundred fifty dollars ($250.00) plus the
towinq and storage costs, or posts with the City a bond in the form of a money order or a
certified check in the amount of two hundred fifty dollars ($250.00) plus the towinq and
storage costs, the vehicle shall be released to the owner or his/her agent or authorized
representative prior to the administrative hearings held pursuant to Section 73.03. The
payment shall be held by the City pending the administrative hearing(s). If, at the
preliminary hearinq, there is a finding of probable cause, the City shall retain the collected
funds. If no probable cause is found, the money shall be returned to the person who
remitted same.
Section 3. That Title VII, "Traffic Code", Chapter 73, "Impoundment", Section 73.03,
"Hearings; Administrative Penalty", be, and the same is hereby enacted to read as follows:
Section 73.03 Hearings; Administrative Penalty.
(A) Preliminary Hearin.q. If the owner of the motor vehicle, or his/her agent or
authorized representative has made a written request for a preliminary hearing then;
1. The City shall hold such hearing within seven (7) days of receipt of the
written request, excludinq Saturdays, Sundays, and legal holidays, before a special master
or alternate special master of the City of Delray Beach. At the hearing, the City shall have
the burden to show that there is probable cause to believe that the motor vehicle is subiect
3 ORD. NO.c~-03
to impoundment and continued seizure under Section 73.01. The formal rules of evidence
shall not apply at the hearin.q and hearsay evidence is admissible.
2. If, after the preliminary hearin.q, the special master or alternate special
master determines that there is probable cause to believe that the motor vehicle is subject
to impoundment and continued seizure, he/she shall order the continued impoundment of
the vehicle unless the vehicle owner or his/her aqent or authorized representative pays the
City an administrative civil penalty of two hundred fifty dollars ($250.00) plus the towin.q
and storaqe costs, or posts with the City a bond in the form of a money order or a certified
check in the amount of two hundred fifty dollars ($250.00) plus the accumulated costs of
towin.q and storin.q the vehicle. If, after the hearinq, there is a finding of no probable cause,
the vehicle or posted bond shall be released forthwith to the owner or his/her aqent or
authorized representative without the imposition of penalties or fees alon.q with any
accrued towinq and/or storage fees.
(B) Final Hearin.q. Within twenty (20) days of the date that the motor vehicle is
seized and impounded pursuant to Section 73.01 and whether or not a preliminary hearing
is requested, the City shall notify by certified mail, return receipt requested, the vehicle
owner of record of the date, time, and location of a final hearing to be conducted pursuant
to this subsection. The final hearing shall be scheduled and held, unless waived by the
vehicle owner or continued by order of the special master or alternative special master, no
later than forty-five (45) days after the date that the vehicle was seized and impounded.
The formal rules of evidence will not apply at the final hearinq. The City shall have the
burden to show by a preponderance of the evidence that the vehicle was used as set forth
in any of the sub-sections in Section 73.01 (A) (1), (2), (3), (4) and (5). If, after the
hearin.q, a finding is made that the vehicle is subject to impoundment and seizure pursuant
to Section 73.01, and that none of the exceptions set forth in Section 73.01(C) apply, then
the special master or alternative special master of the City of Delray Beach shall enter an
order finding the owner of record of the vehicle civilly liable to the City for an administrative
penalty of two hundred fifty dollars ($250.00), plus towinq and storaqe costs. If, after the
hearinq, a findinq is made that the City did not meet its burden of proof as set forth in this
subsection, or that one of the exceptions of Section 73.01(C) apply, the vehicle and any
bond posted shall be returned to the owner, alon.q with any accrued towinq and/or storage
fees.
Section 4. That Title VII, 'q'raffic Code", Chapter 73, "Impoundment", Section 73.04,
"Administrative Penalty; Costs", be, and the same is hereby enacted to read as follows:
Section 73.04 Administrative Penalty; Costs.
If an administrative penalty, towing and storage costs and/or hearinq costs are
imposed pursuant to Section 73.03, such penalty and costs shall constitute a debt due and
4 O .D. O.3t -03
owing to the City. The vehicle's record owner's obligation to pay such debt to the City shall
be independent of the City's return or release of the vehicle. If cash or a cash bond has
been posted pursuant to Section 73.02, the bond shall be applied toward payment of the
penalty and costs.
Section 5. That Title VII, "Traffic Code", Chapter 73, "Impoundment", Section 73.05,
"Return of the Vehicle", be, and the same is hereby enacted to read as follows:
Section 73.05 Return of the Vehicle.
Except as provided otherwise in Section 73.03, an impounded vehicle shall be
returned to its record owner, or to the person who is le.qaily entitled to possess the vehicle
upon his/her payment of the administrative penalty and costs to the City, plus any towing
and storaqe fees, unless the vehicle has been sold or otherwise disposed of to satisfy a
judgment or enforce a lien as provided by law.
Section 6. That Title VII, "Traffic Code", Chapter 73, "Impoundment", Section 73.06,
"Appeal", be, and the same is hereby enacted to read as follows:
Section 73.06 Appeal.
The owner of the motor vehicle that has been the subject of a seizure and
impoundment pursuant to Section 73.01, 73.02 and 73.03, or the City may appeal the
rulings and decisions of the special master or alternate special master of the City of Delray
Beach by writ of certiorari to the Circuit Court of the Fifteenth Judicial Circuit of Palm
Beach County, within thirty (30) days of the date of the order beinq appealed. The City
may charge a reasonable fee for the preparation of the record for purposes of making the
appeal.
Section 7. That Title VII, "Traffic Code", Chapter 73, "Impoundment", Section 73.07,
"Unclaimed Vehicles", be, and the same is hereby enacted to read as follows:
Section 73.07 Unclaimed Vehicles.
Any motor vehicle that is not reclaimed within sixty (60) days from the date of the
final order of the special master or alternate special master of the City of Delray Beach,
subjecting the owner of the motor vehicle to an administrative civil penalty of $250.00,
becomes unclaimed evidence pursuant to Section 705.101(6), Florida Statutes. Such
unclaimed vehicle shall then be disposed of by the City pursuant to Section 705.105,
Florida Statutes.
Section 8. That Title VII, "Traffic Code", Chapter 73, "Impoundment", Section 73.08,
5 ORD. NOcBh -03
"Administrative Fees", be, and the same is hereby enacted to read as follows:
Section 73.08 Administrative Fees.
The proceeds of any sale of an impounded motor vehicle as provided in sections
73.01 through 73.07, after payinq all the costs actually expended for towing and storaqe,
shall be deposited into the Police Department's Law Enforcement Trust Fund.
Section 9. 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 10. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 11. 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
6 ORD. NO~ -03