§ 26-49. Procedures for appeal and recovery of vehicle.

(a)

Promulgation of regulations. The Chief of Police is hereby authorized and directed to establish and promulgate any and all reasonable administrative rules and regulations necessary to carry out this division.

(b)

Notice of opportunity for hearing. When a vehicle is impounded pursuant to this division, and the motor vehicle registration address of the registered owner is known or ascertainable, the police department shall, in accordance with F.S. § 713.78, as amended, provide the registered owner with notice of an opportunity for hearing at which the registered owner may contest the lawfulness of the impoundment and/or the towing and storage charges incurred by the impoundment. Such notice shall be in substantially the following form:

Date of Notice:________

Notice of Opportunity for Hearing

You are hereby notified that a ___________ (description of vehicle) _______ motor vehicle registered in your name was towed on ________ (date) ________ to ________ (describe place) _______ as directed by _______ (impounding officer's name) ___________ of the Police Department of the City of St. Petersburg, Florida, because _______ (cite lawful reason or authority for impoundment) _______.

Your car is located at: _______

Contracted wrecker service located at _______.

Phone Number _______.

You have a right to contest the lawfulness of this removal, impoundment and/or the towing, and storage charges, if your vehicle has been impounded for any reason set forth in violation of City Code section 26-47, by filing a complaint in the county court of the county in which the vehicle is stored within ten days after the time you had knowledge of the location of your vehicle, in accordance with section 713.78, Florida Statutes, as amended.

(c)

Written impoundment release. Prior to authorizing the release or other disposition of any vehicle impounded pursuant to this division, the police department shall first determine that the vehicle is not needed by law enforcement authorities as evidence and that it is not subject to forfeiture under other applicable laws, statutes, or ordinances. When any person seeks to recover possession of an impounded vehicle, the police department shall also determine and ascertain, from proof provided by that person that the person reasonably appears to be the registered owner of the vehicle. Upon making the determinations required by this section, the police department shall issue a written impoundment release authorizing the recovery or disposition of the vehicle, but such release shall be subject to all other applicable laws and ordinances. In addition to requiring the Police Department written impoundment release, a vehicle removed under section 26-47(9) shall not be released from an impound or towing and storage facility before a release form prescribed by the Department of Highway Safety and Motor Vehicles has been completed verifying that the fine has been paid to the City.

(d)

Recovery of vehicle. After receipt of a written impoundment release (and a release form prescribed by the Department of Highway Safety and Motor Vehicles, if the impoundment is pursuant to section 26-47(9)), the registered owner of any motor vehicle impounded pursuant to this division shall have the right to immediately recover the vehicle during normal business hours at the impoundment facility where the vehicle is located by presenting the written impoundment release and by doing one of the following:

(1)

Recovery of vehicle when no hearing has been requested. If no hearing has been requested pursuant to this section, the registered owner may recover the vehicle by appearing, within the time prescribed by F.S. § 713.78, at the vehicle impoundment facility with proof of ownership and the police department impoundment release (and the release form prescribed by the Department of Highway Safety and Motor Vehicles, if the impoundment is pursuant to City Code section 26-47(9)), and by paying the accrued impoundment, towing, administrative and storage charges.

(2)

Prehearing recovery of vehicle when hearing has been requested . If a hearing has been requested pursuant to this section, the registered owner may recover the vehicle prior to the hearing or adjudication therein by appearing at the vehicle impoundment facility with proof of ownership, the police department impoundment release the release form prescribed by the Department of Highway Safety and Motor Vehicles, if the impoundment is pursuant to section 26-47(9), and a certificate from the clerk of court stating that the owner has posted with the court a cash or surety bond or other adequate security equal to the amount of the charges for towing and storage or lot rental amount.

(3)

Posthearing recovery of vehicle when hearing has been requested. If a hearing has been requested pursuant to this section and the registered owner has not recovered the vehicle prior to the adjudication therein, the registered owner may recover the vehicle following such adjudication in accordance with the provisions of F.S. § 713.78, as amended.

(e)

Disposition of unrecovered vehicles. Where no hearing has been requested, or where the impoundment has been adjudicated through the hearing process, unrecovered vehicles shall be disposed of in accordance with F.S. § 713.78.

(Code 1973, § 27-129; Code 1992, § 26-49; Ord. No. 204-G, § 2, 8-10-1995; Ord. No. 650-G, § 6, 3-4-2004; Ord. No. 1003-G, § 2, 11-4-2010; Ord. No. 12-H, § 1, 12-15-2011)