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ORDINANCE NO. 99-0-07
AN ORDINANCE OF THE CITY COUNCIL OF
EDGEW ATER, FLORIDA; TO AMEND CHAPTER 17
(TRAFFIC) BY ADDING ARTICLE IV (TOWING OR
IMPOUNDING OF VEHICLES) OF THE CODE OF
ORDINANCES, CITY OF EDGEW ATER, FLORIDA;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
CODIFICATION, AN EFFECTIVE DATE AND FOR
ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. The City has become aware of outstanding safety hazards regarding vehicles that are
left unattended, obstruction of traffic and a vehicle that is being operated and not in the proper
condition to be driven according to Florida Statute 316.215.
2. The City of Edgewater Code of Ordinances currently does not authorize Police
Officers to cause the removal of vehicles from streets, right-of-ways, sidewalks, alleyways or other
public property.
3. In an effort to minimize the hazards caused by vehicles that are considered to be
unattended, obstruction of traffic or an unsafe/inoperable vehicle, it would be in the best interests
of the citizens of Edgewater to enact this ordinance.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
AMEND CHAPTER 17 (TRAFFIC) BY THE ADDITION OF
ARTICLE IV (TOWING OR IMPOUNDING OF VEHICLES) OF THE
CODE OF ORDINANCES, CITY OF EDGEW ATER, FLORIDA.
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Chapter 17 Article IV is added as follows:
ARTICLE IV.
TOWING OR IMPOUNDING OF VEHICLES.
Sec. 17-28. Towing or Impounding of Vehicles.
ill Police Officers may authorize to have a vehicle removed from a street. right-of-way.
sidewalk. alleyway. or any public property to a public or private garage so designated by the
city of Edgewater. or other place of safety. under the circumstances hereinafter enumerated:
W When any vehicle is left unattended upon any bridge. causeway. viaduct. or where
such vehicle constitutes an obstruction to the regular flow of traffic.
(Q). When a vehicle upon a street or right-of-way is so disabled as to constitute an
obstruction to traffic. or the person(s) in charge of the vehicle are by reason of
physical injury incapacitated to such an extent as to be unable to provide for its
custody and removal.
(0 When a vehicle is being driven upon the streets and is not in proper condition to be
driven. as defined in Florida Statutes 316.215.
@ When any vehicle is left unattended upon a street. right-of-way. alleyway or public
property and is so parked illegally as to constitute a definite hazard or obstruction to
the normal movement of traffic.
W When any vehicle has been parked or stored upon a street or public right-of-way for
a period exceeding forty-eight (48) hours subsequent to placing notice of the vehicle.
ill When the driver of such vehicle is taken into custody by the police and such vehicle
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would thereby be left unattended upon a street or public right-of-way: provided.
however. that the police department may. in its discretion. allow the vehicle to
remain in place. if lawful. Neither the city nor the individual officer shall be held
liable for any damage whatsoever to a vehicle when owner of said vehicle or the
driver has elected in writing to allow the vehicle to remain in place.
(g) When removal is necessary in the interest of public safety due to fire. flood. storm
or other emergency reason. or for the protection of property loss to the vehicle owner.
@ The vehicle is in imminent danger. due to rising water. vandalism. or theft.
ill The vehicle is being or has been used in the commission of a felony and is needed
for evidentiary purposes.
ill When removal is necessary due to the vehicle being parked illegally in an area which
official traffic control signs designate a tow-away zone.
ill When at any given time a parked. unattended. abandoned. disabled or inoperable
vehicle is parked in a right-of-way for a period of forty-eight (48) hours subsequent
to placing a notice on the vehicle. (A vehicle shall be deemed inoperable if it cannot
be immediately started and legally driven and shall include abandoned and/or
wrecked vehicles or vehicles that do not display a valid tag.)
ill When a vehicle is parked. stopped. or standing in violation of any city ordinance or
the state traffic control law.
ill The provisions of this section shall be in addition to and shall not limit the powers of law
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enforcement officers to authorize the removal of vehicles under state law.
Sec. 17-29. Owner of vehicle presumed to be violator.
In the case where a competent operator is present as (b). (c). and (:0 above. the Department
shall. prior to towing or impounding a vehicle. afford the owner or driver at his or her option. a
reasonable opportunity in which to provide for the removal ofthe vehicle within a reasonable length
of time. In lieu of impounding the vehicle. in cases where neither the driver nor the owner elects to
provide for the removal ofthe vehicle. or in cases where neither the driver nor the owner can provide
for the removal ofthe vehicle within a reasonable length of time. the owner or the driver may elect
in writing to allow the vehicle to remain in place. iflawful. Neither the City of Edgewater nor its
employees or agents shall be held liable for any damage to such vehicle. Prior to the impounding
of such vehicle pursuant to this subsection. the police officer shall inform the owner or the driver of
said vehicle ofthe various alternatives to impounding. and. the officer. upon request. shall provide
the owner or the driver with the requisite form upon which he or she may elect to allow the vehicle
to remain in place. For purposes of this subsection. the driver ofthe vehicle shall be conclusively
presumed to be the authorized agent of the owner.
Sec. 17-30. Investi2ation.
No vehicle impounded to a garage or compound as herein provided shall be released
therefrom until the information necessary to complete any traffic citations and investigations has
been provided to the Police Department and the towing. impoundment and storage charges have been
paid by the owner and/or driver.
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Sec. 17-31. Fees.
Charges for towing. removal. impoundment and storage shall be established by resolution
of the City Council and shall be posted for public inspection in the designated towing service office
and the Police Department.
Sec. 17-32. Cancellation.
In the event a vehicle owner or operator returns to the vehicle after the Police Department
has summoned a wrecker service. the department will so advise the wrecker service. who will cancel
the response to that call. In the event that the wrecker service has arrived at the scene. as the owner
or operator returns to the vehicle. the wrecker service will retain the option to collect a service charge
at that time.
Sec. 17-33. Form.
When vehicles are towed by police request. the police officer will complete a towing form
which reflects circumstances. general physical description of the car. and inventory of readily
observable accessories and property in plain view in or on the vehicle. Items of value will either be
secured in the vehicle. its trunk. or removed to the Police Department Evidence Section. The City
assumes no liability for the safeguarding. including the vehicle.
Sec. 17-34. Notification.
In the case of all vehicles towed and unclaimed after seventy-two (72) hours. the Police
Department or the Contracted Wrecker Company/Service will attempt to determine the legal owner
of the vehicle and advise such owner of the location of the vehicle and actions necessary to effect
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release.
PART B.
CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of
Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish
such intention; provided, however, that Parts B through F shall not be codified.
PART C.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART D.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PARTE.
EFFECTIVE DATE.
This Ordinance shall take effect upon adoption.
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PARTF.
ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilman Gornto, the vote on the
first reading of this ordinance held on April 5, 1999, was as follows:
Mayor Randy G. Allman
AYE
Councilman Jim Gornto
AYE
Councilman Myron F. Hammond
ABSENT
Councilman Gary W. Roberts
AYE
Councilwoman Judy Lichter
AYE
After Motion by Councilman Hammond and Second by Councilwoman Lichter, the vote on
the second reading of this ordinance was as follows:
Mayor Randy G. Allman
AYE
Councilman Jim Gornto
AYE
Councilman Myron F. Hammond
AYE
Councilman Gary W. Roberts
ABSENT
Councilwoman Judy Lichter
AYE
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PASSED AND DULY ADOPTED this 19th day of April, 1999.
ATTEST:
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99-O-07
CITY COUNCIL OF THE
CITY OF ED WATE FLORIDA
B 4'� �,
(/Ra¢dy G. Allman
Mayor
APPROVED FOR FORM
AND CORRECTNESS:
Nikki Clayton
City Attorney