2013-O-05 ORDINANCE NO. 2013-0-05
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA, AMENDING ARTICLE IV (TOWING OR
IMPOUNDING OF VEHICLES) OF CHAPTER 17
(TRAFFIC); PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR AN EFFECTIVE DATE, ADOPTION
AND CODIFICATION.
WHEREAS, the City Council of the City of Edgewater, Florida, has the following
determinations:
WHEREAS, Article IV (Towing or Impounding of Vehicles) of Chapter 17 (Traffic) has
not been modified since April 1999 (Ordinance#99-0-07).
WHEREAS, amending Article IV (Towing or Impounding of Vehicles) of Chapter 17
(Traffic) will correct various scriveners errors and bring the Chapter into compliance with
updates and various modifications to be consistent with City policies and regulations.
NOW, THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
PART A. AMENDING ARTICLE IV (TOWING OR IMPOUNDING
OF VEHICLES) OF CHAPTER 17 (TRAFFIC) OF THE
CITY OF EDGEWATER CODE OF ORDINANCES, CITY
OF EDGEWATER, FLORIDA.
Amending Article IV (Towing or Impounding of Vehicles) of Chapter 17 (Traffic) of the
City of Edgewater Code of Ordinances, Edgewater, Florida as set forth in Exhibit "A" which is
attached hereto and incorporated herein.
PART B. 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ordinance, are hereby superseded by this ordinance to the extent of such conflict.
1
Strike Str-ike4hrough passages are deleted.
Underlined passages are added.
#2013-0-05
PART C. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void by a court of competent jurisdiction, 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 by a court of competent jurisdiction,
such holding shall not affect its applicability to any other person, property, or circumstance.
PART D. 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 E. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART F. ADOPTION.
After Motion to approve by Councilwoman Bennington with Second by Councilman
Ignasiak, the vote on first reading/public hearing of this ordinance held on June 3, 2013, was as
follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
Councilwoman Gigi Bennington X
Councilman Michael Ignasiak X
Councilman Gene Emter X
2
Str-ike4hfough passages are deleted.
Underlined passages are added.
#2013-0-05
After Motion to approve by ' • • ' Ry� ,with Second by LIANA t'r r(PLk-r.r ,
the vote on second reading/public hearing of this ordinance held on September 9, 2013, was as
follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power A
Councilwoman Gigi Bennington X
Councilman Michael Ignasiak
Councilman Gene Emter X
PASSED AND DULY ADOPTED this 9th day of September, 2013.
ATTEST: CITY COUNCIL OF THE
CI YOFEDG • • T51, F 0'. IA
&dYlf LLQ (1')o ct ID I;y: ...ai..a ittA
Bonnie Wenzel Mike Thoo s .
City Clerk ayor
Robin L. Matusick
Paralegal
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 9th day of
legality by: Aaron R. Wolfe, Esquire September, 2013 under Agenda Item No. 8 GL .
City Attorney
Doran, Sims, Wolfe&Kundid
3
Strike-through passages are deleted.
Underlined passages are added.
#2013-0-05
Exhibit "A"
ARTICLE IV (TOWING OR IMPOUNDING OF VEHICLES)
Chapter 17 (TRAFFIC)
Article IV. TOWING OR IMPOUNDING OF VEHICLES is hereby amended as follows:
Sec. 17-28. Towing or impounding of vehicles.
(1) Police officers or code enforcement officers may authorize to have a vehicle removed
from a street or highway, right-of-way, sidewalk, alleyway, parking lot,er any public property or
private property to a public or private garage so designated by the eCity of Edgewater, or other
place of safety, under the circumstances hereinafter enumerated:
(a) When any vehicle is left unattended upon any bridge, causeway, viaduct, or where
such vehicle constitutes an obstruction to the regular flow of traffic.
(b) 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.
(c) When a vehicle is being driven upon the streets and is not in proper condition to be
driven, as defined in F.S. § 316.215.
(d) 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.
(e) When any vehicle has been parked or stored upon a street or public right-of-way for
a period exceeding 48 hours subsequent to placing notice of on the vehicle.
(f) When the driver of such vehicle is taken into custody by the police and such vehicle
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 my 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.
(h) The vehicle is in imminent danger due to rising water, vandalism, or theft.
(i) A police officer has probable cause to suspect Tthe vehicle is being or has been used
in the commission of a feleny crime and is needed for evidentiary purposes or
seizure under the Florida Contraband Forfeiture Act as outlined in F.S. §932.701.
(j) When removal is necessary due to the vehicle being parked illegally in an area which
official traffic control signs designate a tow-away zone.
(k) When at any given time a parked, unattended, abandoned, disabled or inoperable
vehicle is parked in a right-of-way for a period of 48 hours subsequent to placing a
notice on the vehicle. A vehicle shall be deemed inoperable if it cannot be
4
Strike Stfike-tlifeugh passages are deleted.
Underlined passages are added.
#2013-0-05
immediately started and legally driven and shall include abandoned and/or wrecked
vehicles or vehicles that do not display a valid tag.
(1) When a vehicle is parked, stopped, or standing in violation of any city ordinance or
the state traffic control law.
(m) When a vehicle is parked for the principal purpose and intent of displaying the motor
vehicle thereon for sale, hire or rental pursuant to F.S. 016.1951.
(2) The provisions of this section shall be in addition to and shall not limit the powers of law
enforcement officers to authorize the removal of vehicles under state law.
(3) Nothing herein shall preclude a police officer or code enforcement officer from taking
other enforcement action, not limited to, issuing of a civil citation pursuant to Sec. 17-45.
Sec. 17-29. Owner of vehicle presumed to be violator.
In the case where a competent operator is present as [specified in] (b), (c), and (f) 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 of the 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 of the vehicle, or in cases where neither the
driver nor the owner can provide for the removal of the vehicle within a reasonable length of
time, the owner or the driver may elect in writing to allow the vehicle to remain in place, if
lawful. Neither the city 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 sub-section, the police officer
shall inform the owner or the driver of said vehicle of the 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 of the vehicle shall be conclusively presumed to be the authorized agent of
the owner.
Sec. 17-30. Investigation.
No vehicle impounded to a garage or compound as herein provided shall be released
there from 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.
Sec. 17-31. Fees.
Charges for towing, removal, impoundment and storage shall be established by resolution
or pursuant to an agreement for services relating to towing/impounding of vehicles 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
officer or code enforcement officer has summoned a wrecker service, the officer department will
5
Strikgh passages are deleted.
Underlined passages are added.
#2013-0-05
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 as outlined in F.S.
§715.07.
Sec. 17-33. Form.
When vehicles are towed by a police officer or code enforcement officer's 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
personal property, including the vehicle.
Sec. 17-34. Notification.
In the case of all vehicles towed and unclaimed after 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 release.
6
Strike through passages are deleted.
Underlined passages are added.
#2013-0-05