HomeMy WebLinkAboutO-11445J-97.79
2/20/97
ORDINANCE NO. 11445
AN ORDINANCE AMENDING CHAPTER 42 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CREATING
ARTICLE VI, SECTIONS 42-82 THROUGH 42-86 TO BE
ENTITLED "VEHICLE IMPOUNDMENT"; SETTING FORTH
CIRCUMSTANCES UNDER WHICH VEHICLES MAY BE
IMPOUNDED; PROVIDING FOR AN ADMINISTRATIVE
PENALTY FOR THE USE OF VEHICLES UNDER CERTAIN
CIRCUMSTANCES, AND A PROCEDURE FOR REVIEW OF THE
IMPOUNDMENT DECISION; CONTAINING A REPEALER
PROVISION AND A SEVERASILITY CLAUSE; PROVIDING FOR
AN EFFECTIVE DATE; AND PROVIDING FOR INCLUSION IN
THE CITY CODE.
WHEREAS, prostitution, drug related crimes and crimes involving driving while
intoxicated are a threat to the health, safety and public welfare of the City of Miami; and
WHEREAS, motor vehicles are routinely used to facilitate the commission of these
crimes; and
WHEREAS, this use is destructive to the rights and values of the citizens of the City
of Miami; and
WHEREAS, the City Commission of the City of Miami finds that it is in the best
interest of the City to impound motor vehicles that are used to facilitate the commission of
drug or prostitution related crimes or crimes involving driving while intoxicated thereby
protecting the health, safety, and welfare of the citizens of the City of Miami;
11445
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NOW, THEREFORE, 8E IT ORDAINED 6Y THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance
are hereby adopted by reference thereto and incorporated herein as if fully set forth in this
Section.
Section 2. Section 42 of the Code of the City of Miami, Florida, as amended, is
hereby amended by creating Article VI, Sections 42-82 through 42-86, to be entitled
"Vehicle Impoundment" and to read and provide as follows:
"ARTICLE VI. VEHICLE IMPOUNDMENT
Sec. 42.82. Impoundment of motor vehicles, controlled substances,
prostitution and driving under the influence.
(a) A motor vehicle shall be subject to seizure and impoundment
whenever a police officer has probable cause to believe that the vehicle:
(1) Contains any controlled substances or cannabis as
defined in Chapter 893, Florida Statutes; or
(2) Was used in the purchase, attempt to purchase, sale, or
attempt to sell such controlled substances or cannabis; or
(3) Was used to facilitate the commission of any act of
prostitution, assignation or lewdness as defined in
Section 796.07, Florida Statutes; or
(4) Was used to facilitate the commission of and/or was an
instrumentality in the commission of the offense of
Driving Under the Influence, as defined in Section
316.193, Florida Statutes.
(b) Upon seizing the motor vehicle, the police officer shall:
(1) Provide for the towing of the vehicle pursuant to the City
Rotational Wrecker System and all applicable towing
procedures; and
(2) Notify in writing the person determined to be the owner
of the vehicle and any person who is found to be in
control of the vehicle at the time of the seizure of the
fact of the seizure and impoundment of the vehicles, as
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11445
well as the right to request a preliminary hearing pursuant
to Section 42-83 or to pay a five hundred dollar
($500.00) administrative civil penalty, plus towing and
storage costs, in lieu of requesting the preliminary
hearing.
(c) The notices to be given pursuant to this Section shall be
provided by hand delivery at the time of the seizure and impoundment of the
vehicle to the person in control of the vehicle, or if neither the record owner
nor the person in control of the vehicle at the time of its seizure is available
to receive such notice, then notice shall be provided to the record owner by
certified mail, return receipt requested, within 24 hours of the time of the
impoundment excluding Saturdays, Sundays and legal holidays.
(d) This Section shall not apply and the vehicle shall not be seized
or impounded if:
(1) The possession, use or sale of the controlled substance
and/or cannabis is authorized by Chapter 893 or
Chapter 499, Florida Statutes; or
(2) The vehicle was stolen at the time that it is subject to
seizure and impoundment; or
(3) The vehicle was operating as a common carrier at the
time it was subject to seizure and impoundment; or
(4) A law enforcement agency has expressed its intent, in
writing, to institute state forfeiture proceedings on the
vehicle.
Sec. 42-83. Hearings, administrative penalty.
(a) If the owner of the motor vehicle, or his/her agent or
authorized representative has made a written request for a preliminary
hearing then:
(1) The City shall hold such hearings within five (5) days of
receipt of the written request, excluding Saturdays,
Sundays, and legal holidays, before a Special Master or
Alternate Special Master of the City of Miami. At the
hearing, the City shall have the burden to show that
there is probable cause to believe that the motor vehicle
is subject to impoundment and continued seizure under
Section 42-82. The formal rules of evidence shall not
apply at the hearing and hearsay and circumstantial
evidence is admissible.
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(2) If, after the hearing, the Special Master or Alternate
Special Master determines that there is probable cause
to believe that the motor vehicle is subject to
impoundment and continued seizure, he/she shall order
the continued impoundment of the vehicle unless the
owner or his/her agent or authorized representative
pays the City an administrative civil penalty of five
hundred dollars ($500.00) plus the towing and storage
cost, or posts with the City a cash bond in the amount
of five hundred dollars ($500.00), plus the accumulated
costs of towing and storing the vehicle. If, after the
hearing, there is a finding of no probable cause, the
vehicle shall be released forthwith to the owner or
his/her agent or authorized representative without the
imposition of penalties or fees.
(b) Within five (5) days of the date that the motor vehicle is seized
and impounded pursuant to Section 42-82, and whether or not a preliminary
hearing is requested, the City shall notify by certified mail, return receipt
requested, the record owner of the date, time, and location of a final hearing
to be conducted pursuant to this subsection. The record owner will also be
notified of the right to pay a five hundred dollar ($500.00) administrative
civil penalty in lieu of the final hearing. The final hearing shall be scheduled
and held unless continued by order of the Special Master or Alternate Special
Master no later than thirty (30) days after the date that the vehicle was
seized and impounded. The City shall have the burden to show by a
preponderance of the evidence that the vehicle was used as set forth in
Sections 42-82(a)(1) - (4). If, after the hearing, a finding is made that the
vehicle is subject to impoundment and seizure pursuant to Section 42-82(d)
apply, then the Special Master oi Alternate Special Master of the City of
Miami shall enter an Order finding the owner of record of the vehicle civilly
liable to the City for an administrative penalty of five hundred dollars
($500.00) plus towing and storage costs. If, after the hearing, a finding is
made that the City did not meet its burden of proof as set forth in the
subsection or that one of the exceptions of Section 42-82(d) applies, the
vehicle shall be returned to the owner along with any cash bond posted.
Sec. 42-84. Administrative penalty.
If an administrative penalty is imposed pursuant to Sections 42-82 and
42-83, such penalty shall constitute a debt due and owing the City and shall
be independent of the City's return or release of the vehicle. If a cash bond
has been posted pursuant to Section 42-83, the bond shall be applied
toward payment of the penalty.
Sec. 42-85. Return of vehicle.
Except as provided otherwise in Section 42-83, an impounded vehicle
shall be returned to its record owner, or to the person who is legally entitled
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11445
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to possess the vehicle, upon his/her payment of the administrative penalty to
the City. plus towing and storage fees, unless the vehicle had been sold or
otherwise disposed of to satisfy a judgment or enforce a lien as provided by
law.
Sec.42-S6. Appeal.
The owner of the motor vehicle that has been the subject of a seizure
and impoundment pursuant to Sections 42-82 and 42-83 or the City may
appeal the final ruling and decisions of the Special Master or the Alternate
Special Master of the City of Miami, to the Circuit Court of the Eleventh
01 th) Judicial Circuit of Dade County, Florida, within thirty (30) days of the
date of the Final Order being appealed. The City may charge the appellant a
reasonable fee for preparation of the record for purposes of making the
appeal.
Section 3. All ordinances or parts of ordinances insofar as they are inconsistent
or in conflict with the provisions of this Ordinance are hereby repealed.
Section 4. If any section, part of section, paragraph, clause, phrase or word of
this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be
affected.
Section 5. It is the intention of the City Commission that the provisions of this
ordinance shall become and be made a part of the Code of the City of Miami, Florida, as
amended, which provisions may be renumbered or relettered and that the word
"ordinance" may be changed to "section", "article", or other appropriate word to
accomplish such intention.
Section 6. This Ordinance shall become effective thirty (30) days after final
reading and adoption thereof.
PASSED ON FIRST READING BY TITLE ONLY this 16th day of January, 1997.
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11445
PASSED AND "ADOPTED ON SECOND AND FINAL READING BY TITLE' ONLY this
I
20th day of February, 1997.
CAROLLO, MAYOR
ATTEST:
}
WALTER MAN
4
CITY CLERK
PREPARED AND APPROVED BY:
AN MA IA PANDO
ASSISTA T CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
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A. Q NN ES, III
CITY. ATT NEY
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CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
re : The Honorable Mayor and Members
of the City Commission
FROMAdZi�u�ez
City Manager
1 WIC I'. i:i.l s _ .: 1.
DATE FM 13
SUBJECT Proposed Ordinance
REFERENCES Vehicle Impoundment
ENCLOSURES
FILE
It is r f lespoctful y recommended that an Ordinance amending Chapter 42, of the Code of the City of
Miami, by creating Article VI, Sections 42-82 to 42-87, setting forth circumstances under which
vehicles may be impounded, be adopted.
BACKGROM:
Prostitution, drug related crimes and crimes involving driving while intoxicated are a threat to the
health, safety and public welfare of the City of Miami. Routinely, motor vehicles are used to
facilitate the commission of these crimes. It is in the best interest of the City of Miami to impound
the motor vehicles that are used in these crimes; thereby, protecting the health, safety and welfare
of the citizens of the City of Miami.
The proposed Ordinance creates specific sections that allow for the impoundment of those vehicles
used in the commission of crimes involving prostitution, drugs and driving while intoxicated. It
establishes an administrative penalty of five hundred dollars ($500.00), plus towing and storage
charges, for the use of vehicles while engaged in these crimes. It also creates a Special Master
who, following a written request from the vehicle owner, will conduct preliminary and final
hearings to determine whether there was probable cause to impound the vehicle. It further
establishes a procedure for the disposition of unclaimed vehicles.
11445 1
MIAMI DAILY BUSINESS REVIEW
Publbiad Daily exoW Saw". Suromy and
*N. oit f Honda.
WATE OF FLOIWA
00UN" OF DADS:
Befara "w WNW6 peed aathortty psrsofally, appeased
Oealms V. Ferbep , who on oath says that shs is the
ReRupsiview, Leo eview Miami flwlew a dollyof y((on pt iSsi�Businesssundsy
am Lapai tea) ffawy OF I pwmww at Mani In Dade
Caagy. Florida; chat pa attached calif► of advertleemenL
bslnp a L490 Admillsomant of Notlea in the matow of
CITY OF MIAMI
ORDINANCE NO. 11445
in the......_...._.. .. _... Cour%
was publlaiad in sold newapapor In the Iosam of
Mar 5, 1997
Affafft ttff4ler ays that Itfe sold Mtiatnl DaNy dusinea
Aslvtow Is a newspaper puNIOW at Miami In BW Dade
bbo011111WO Sly? PW Nalfsd � County. Florlft
aaoh day Nwein gowdafh ifaWoy and LaW IloNdays) and
has been wd&W as second Class man costar at the peat
Wm In Mani In said Della Comfy. Florida, for a period of
am yaw f" Ie 1, the &W pubiitedon of tM snwW
Copy aidwrtgantstsD arW aniant that eM has
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5 March 97
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TRATIVE. PENALTY FIOR THE USE OF VBpf 0 Ufa
CERTAIN 9'fX MMITAfj1l1F.A.: AND A. P409(r'�gXEd FOR
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NO "A : REI EALER -PROVISION AND
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PROYiB10H AND'A SEVERABLIR' _AND PROVID-
03 FOA AN EFfEC FM DATE.
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W&TER.i. FOEU*.:.
C"CLERK
ea•4a+oa�uQ .
NIAMI DAILY BUSINESS REVIEW
Pubs~ Daly exoW Sanarday, &Nfty and
W , Dada C klep
tJx". Fboida.
STATR OF FLOi A
COUNTY OF DADS: Before te undeoWW 2~11ty personally
app*81141
Oetdma Y. ftdM e, who an oath on" that she Is the
Sepevisar. Legal Notion of the Mleml Daily Business
Revilow eW Lpd�NoMdeyq NWN �. sod+ d MsaM. In Daft
county. Florid.: *AV* atlaehed eapy d adverd"nunt.
beings Legal Advetisemart d l-a ll, to the -miler d
CITY OF MIAMI
NOTICE OF PROPOSED
ORDINANCES FEB. 20, 1997
AN ORDINANCE AMENDING
CHAPTER 42 BY CREATING
ARTICLE VI, ETC.
lie ti'm xxxxx Cour%
was published In nid newspelm in the lesm of
Feb 10, 1997
AMW fufAe► Sep the the sold NMI Deily BuOMS
Review to a newspaper published at Miami in sold Dada
County. Ftorift and that the said newspaper has haalOfare
been eortdraroudyp�u�b{N.o�hsd in said Daft County. Ftorfds.
each day �, I pSI iurclay. Sunday and La" HaNdays) eW
hea been srlaasd se monddens mail water at tlne post
online In Mleati In said Deft County. Florida. for a period of
ens year next preceding the fUst ImMomlion d the attached
oapy d ed-mim m I and alUsnt furth r says that dw has
neither paid p+ d any parsom ftrw or corporation
tent' rabab, coraartiado for the purpose
d adveAfssw ubil tMn in the asid
ebto and before no lids
10 Frua 97
4 JANETT LLERENA
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MIAMI DAILY BUSINESS REVIEW OF IM WAAW NNW IIMM MID 1KIRtlrA,A rO $a an Of i
PLkfta Dwy emw Sam*. sw"" and IM®01 M 1te mA nlno" a= E' W A M Of Will� lltwd.ya PNloom cow, FOR Va f okMO Au NO AIMLLY AMME I
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STATS OF FLORIDA FoRceme Am pof ift I00=14. tim A iIlSAI M 4. ,
COUNTY OF DADS FROVpKK A WMAKflY UJIM AND AN w'', � 0M •." c
AND /iICAfTDM1E peOR MfOLAf/ION Mf T1E CITY ®OOit. '
Before the undersigned authority parsonally appeared
Oetehnra V. Ferboyre, who on oath says that she Is the ORdfE11MEE110.
Supervisor. Lopl Notloos of the IlMorni Daily Business
fMvlsw flklo 1flanM 11svMw. a daily (e><capt Saturday. Brarday AN OFONAi/CE Im COOL OF CITY�!F Ir�m
deys) nswapop published st frtlanN in Dade AS M 1. K A00!!D A NOW TTION ph7/ lO+
and Le" lloli
County. Florlds; that the Method copy of advoi senent. CHAFM ! 001W CM OF IM CITY OF IAMI� RCJ%'1*
bebg a l.9" Advardsement of Notlee or the rrrattar d AMENM .T9ilMilf .1 A COMWATE'.C* @64W . _
CITY OF MIAMI PANLYI foRT�OW111 ECFA11YSmo�E i
OR T1400 O.Y Ir IIINWIY1L FIM7f iTY c1Y
NOTICE OF PROPOSED M A II; FQDVI 01111 V 11 0000 C■lreel'r ATM F1rMALT�► rI1O`, .<;
ORDINANCES FEB. 20, 1997 V10M1fi MR A VORL&M PIlOVINON. A 1IMVaNAIM CtA1J/E
AN ORDINANCE AMENDING THE
CODE BY ADDING A NEW
SECTION 2-77 TO CHAPTER 2 M amblvicE ftA10 �II OF 1Ne OfioE OP IM
in the ........»»».»». Court. CITY OF MAIA.1gAfbA. M I)Mk1 M. On M9Q WF AG *MD
11
was pubbshod in sold newspaper in the Issues of TRA�1: fM dlOMIE fC1TON >pM=1 Tfi CVfpE.elpfD Oil f>L! :�
Feb 10, 1997
ANO 'C0M3n IC=W MO. •0MWLniOM *M1111111'. MOM -`
AMiEp10M10 MC71o1f !Je-1r.�lq 01F011116".'OF
` "BfO1OMAL Tarot .: V 01=IaAL
Afflant further says that the said iifiami Duty Business "PROV[v9 M AND Tn
Revbw is a newspaper published at Mimi in said Dodo
County, Florida. and drat the said newspaper has hsrerofors
bean corrtirtrrouMy published Y said Dade County. Florlde. ' AN CRDINAMI E ANN34010 gpAF'TE91-
each day ( �irday. Sunday and Low Ipolidaye) and Ct1Y OF �AMI. FLOfM!l11; A!< 11 +i�►�M TRIO�_6
how4oen anew a second elm mall motterat the poet SE,CTIDNB �t THi10 w:�
offlos In IlI M In sold Deft County, Florida, for a period of NPOUNDamm wMNQ FORTH 1
one vowran preeedkrg the fleet publication of the attsehed WMICH VSWI S ° MAY sB N01M)r.
am of advarbemsrrt; and afllant further aye that lie has ADIAI611TRATIVE PENALTY MR THE:
rieithrer Paid nort any ps Edon
CENIAN CMICIJlA3TANCK A FR 00Mwj 1 Ofr Qii'.;i
out advert) eel d It n thepu wN MpatMeaWff 06COM AND A Ff10C®1J1E F+OR DIIoAMit10N ;
OF UNCLAUM VIE$ CONTAMIG A pM'I�iM.E14 `PINV�IQN"
AND A SEVEIiANLffY CLAIM pf8t1 mhf1G FOR AN &*WINE ;
DATE; AND Fromm FOR NCLl ooN m TFE CITY CODE.
AItt181AlICL� 1lD.
mom before ms this AN CROMfA m ESTAMIimm # MiN 1 RIMD..-
10 Febr QPRDOPAW. AND APED: U,".if` � , A TA •.
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