§ 13-45. Conditions permitting impoundment.

(a)

Law enforcement officers may authorize a vehicle to be removed from any street to the nearest rotation wrecker service in service, municipal compound or other place of safety under the circumstances hereinafter enumerated:

(1)

When any vehicle is left unattended upon any public right-of-way or way of passage open to the general public; or where such vehicle constitutes an obstruction to the regular flow of traffic;

(2)

When a vehicle upon a street 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 or intoxication, incapacitated to such an extent as to be unable to provide for its custody and removal;

(3)

When a vehicle is found upon the streets and is not in proper condition to be driven;

(4)

When a vehicle is parked, stopped or standing in violation of any city ordinance or the state traffic-control law;

(5)

When any vehicle is left unattended upon a street and is so parked illegally as to constitute a definite hazard or obstruction to the normal movement of traffic;

(6)

Where such vehicle has been parked or stored on the public right-of-way for a period exceeding twenty-four (24) hours, in other than designated parking areas;

(7)

When removal is necessary in the interest of public safety because of fire, flood, storm or other emergency reason, or for the protection of property loss to the vehicle owner;

(8)

When the vehicle is being or has been used in the commission of a felony and is needed for evidentiary purposes;

(9)

When the vehicle has been seized as part of a forfeiture procedure pursuant to Chapter 895, Florida Statutes (1987).

(b)

When the driver of a vehicle subject to this section is taken into custody by the police, and such vehicle would thereby be left unattended upon the streets, the police department shall, except when the vehicle is seized under the authority of subsections 13-45(a)(8) or 13-45(a)(9), prior to impounding the vehicle, afford the owner or the driver at his/her option a reasonable opportunity, in light of the circumstances, in which to provide for the removal of the vehicle within a reasonable length of time.

In lieu of impounding the vehicle, in a case 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 the individual officer shall be held liable for any damage whatsoever to a vehicle when the owner of said vehicle or the driver has elected to allow the vehicle not to be removed.

(c)

Prior to impounding any vehicle pursuant to this 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 a requisite form upon which he may elect to allow the vehicle to remain in place.

(d)

For purposes of this section, the driver of the vehicle shall be conclusively presumed to be the authorized agent of the owner.

(Ord. No. 88-09, § 1, 6-28-88)