§ 22-30. Removal of vehicles.

(a)

The police department hereby is authorized to remove a motor vehicle (hereafter "vehicle") from a public street, way or alley to a storage garage or other place of safety, or to a garage designated or maintained by the police department, or by the city, under the circumstances hereinafter enumerated:

(1)

When any vehicle is left unattended upon any bridge, causeway or viaduct, or where such vehicle constitutes an obstruction to traffic.

(2)

When a vehicle is so disabled as to constitute an obstruction to traffic, or the person or persons in charge of the vehicle are, by reason of intoxication or illness or arrest or physical injury, incapacitated to such an extent as to be unable to provide for its custody and safe removal.

(3)

When a vehicle is reported stolen or is blocking a private driveway or is blocking a fire hydrant.

(4)

When any vehicle is left unattended upon a public street 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 public street continuously for more than twenty-four (24) hours and it is presumed to be abandoned.

(6)

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

(7)

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

(b)

No vehicle impounded in an authorized garage as herein provided shall be released therefrom until the charges for towing such vehicle into the garage and any storage charges have been paid. The charge for towing or removal of any such vehicle and the storage charges shall be fixed by ordinance. Such charge or charges shall be posted for public inspection in the police department and in the authorized garage.

(c)

The owner or legal custodian of any such vehicle removed from any public place by the police department shall be entitled to a prompt post-seizure hearing before the public safety committee of the city council into the factual basis for the removal and towing of the vehicle. The police department shall have the burden of establishing probable cause for the removal and continued detention of the vehicle. If the committee determines that the removal, towing and detention is unlawful, the vehicle shall be immediately released and the city shall be responsible for any towing and storage charges with respect to such vehicle.

(d)

Police officers (as defined in F.S. ch. 316) of the city are hereby authorized to remove a vehicle from any public street, park, lawn or parkway or from any private alley, drive, driveway or other privately owned property and to cause the vehicle to be impounded in the nearest garage or other place of safety, or in a garage designated or maintained by the police department or otherwise maintained by the city, under the following circumstances:

(1)

When any vehicle shall be parked on any public park, lawn, parkway or in front of or so as to block entrances or driveways into public or private property from streets, avenues, highways or boulevards.

(2)

When any vehicle shall be parked in any private alley, drive, driveway or on other privately owned property without the permission or consent of the owner of such private alley, drive, driveway or property.

(3)

When any vehicle is left unattended and parked illegally upon a street.

(4)

When any vehicle is left unattended in violation of any ordinance of the city or regulation of the city manager limiting the time for parking of vehicles on designated streets or parts of streets within the city.

(5)

When a vehicle is so disabled as to constitute an obstruction to traffic or a hazard to persons or property and the persons in charge of the vehicle are by reason of physical injury or condition incapacitated to such an extent as to be unable to provide for its custody or removal.

(Code 1959, § 22-11; Ord. No. 1996-23, § 1, 10-7-96; Ord. No. 2005-07, § 1, 5-2-05)