§ 26-47. Authority to impound vehicles; grounds.

Designated police personnel are authorized to immediately remove, without warning and at the owner's expense, a vehicle from a street to the nearest garage or other place of safety or to a garage designated or maintained by the City, for any of the following reasons:

(1)

When any vehicle is left unattended upon a street and the vehicle constitutes an obstruction to traffic.

(2)

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.

(3)

When a vehicle is found being operated upon a street and is not in a safe operating condition.

(4)

When any vehicle is left unattended upon a street, is parked illegally and constitutes a definite hazard to the normal movement of traffic.

(5)

When any vehicle is left unattended upon a street continuously for more than 72 hours and may be presumed to be abandoned. Factors which shall be considered when determining abandonment are:

a.

The vehicle is not registered to a nearby residence;

b.

Deflated or missing tires;

c.

Unlocked doors;

d.

Visible items in vehicle;

e.

Ownership cannot be determined;

f.

Expired or missing license tag;

g.

Overall appearance of vehicle (condition, including cleanliness of paint);

h.

Length of time car has been unattended.

(6)

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

(7)

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

(8)

When a vehicle is parked in a tree line or right-of-way that has not been designated for parking, and has been ticketed for at least 24 hours.

(9)

When a vehicle is unlawfully displayed for sale, hire, or rental in violation of F.S. § 316.1951, as amended. A violation of this subsection will subject the owner of such vehicle to a citation and a fine as required by F.S. § 318.18, as amended. A Police Officer should affix a warning notice to the vehicle providing the vehicle's owner with 24 hours to correct the violation, unless the same vehicle owner has received another warning notice within a 12-month period, the parked vehicle endangers public safety or constitutes a hazard, the vehicle reasonably appears to be a stolen vehicle, or other extraordinary conditions exist, in which case the vehicle may be immediately towed without warning. For the purposes of determining violations of F.S. § 316.1951, as amended, the public street immediately adjacent to private real property shall be both sides, where permitted, of the public street abutting the real property for the length of the block on which the real property is located.

(Code 1973, § 27-126; Code 1992, § 26-46; Ord. No. 204-G, § 1, 8-10-1995; Ord. No. 650-G, § 3, 3-4-2004; Ord. No. 1003-G, § 1, 11-4-2010)