HomeMy WebLinkAboutO-08327AA ORDINANCE A'.iEiJDI.NCY ART1CI,E 1:1, SE1 T1 OU i .•
34,26 AND 34-. 21 OF Tt1E CODE OP:THE CITY OF
MiNiI f: PROVIii1NC; FOR. THE Ir.11'OtJtdt)M1 N"C OF
VC I'.>LJ S-YH tl Atl`NIOIUZFb ANb rOR THE NOTICE
OF IMPottNbtNr• 1;EP1?.LLt G ALL Ot DTNANCCl7, C0t)1E
SEC"TZ.!:).N:; .'►'t EREOF 1 PI CONI'LIC`1', INSOFAR
nS TtIy ARE iN . CONFLICT, AND ,ON'I'\.I P 1 N:; A
sEVERt\t311.,ITY PROVISION; PRoV.tDIWCi f'OR AN L;1'L'L:C-
`I'I VE DATE,
WHEREAS, the City of Miami can better utilixo City
property by entering into contraa:,t.s with private to i►ict f tr.tnn
to; provide for towing service Sand auto storage: sand
..WHEREAS , towing and auto ''service in the future is to
be accomplished on a contractual basis; and
WHEREAS, in order to enter into contracts with private
companies for towing . services and auto storage, it is necessary
to amend Sections 34.20 and 34.. 21 t' E the City Code;
NOW, THEREFORE, DE 1T .Op :i INTL, t3l' FILE CaaMt.11S i ON .0F.
THE CITY OF MTAMI, FLORIDA:
Section 1. Section 34720 of the Cod.. oi' the City of
Miami is hereby repealed and a new Section 34-2.: is enacted to
'read as follows: l/
"Sec. 34-20 Impoundment of vehicles -When authorized.
(a) Members of the police department ar hereby
authorized to direct the removal to an authorized
garage, of a vehicle from a street to the nearest
garage or .other place of safety, or to a gar,ago de-
signated or maintained by the police department, or
by the city, under the circumstancos hero i n after
enumerated:
(1) When any vehicle in left upon
any bridge, ` causeway or v.iaaclaact=, :'' I in any tunnel or
subway, where such vehicle constitutes on obstruction
to traffic.
(2) When a vehicle upon a street i;. no disabled
as to constitute ;tn obstruction to traffic, or the
person is, by reason of physi c..1 injury, i ncataraci tat.ud
to such. an extent as to he unable to provide for its
custody anc? removal.
(3) When a Valli ele is roUnt t,oihq, driven,
ut)on the street.:; cittti 1. rtot i 9 proper condition to
be -driven',
(4) When :I[tyv' ricl i l c: Left- Unattended upon
a' streeL -and is so parked a.-, to canstitUtc
a definite hazard or obstruction to: the normal Move• meht of traffic:
(5) 'Witen'any vchicio..is .1.e': t. unsat;tended .Upon
a street continuously for Mori t h.tn tc onty-four
hours and may'be pi r SUned tc�; t�.� ,t,.trtdoned
(6) When the driver of such vehicle i.s taken
into custody by the police .dop ar.t.'mant and :;ur:h
vehicle would thereby be left unat..tended upon �a
street.
(7) When removal is necessary in the ititeretit,
of public safety becuase of fire, flood, storm or
other -emergency reason
(b) Any violator taken into custody put-: uant to sec-
tion 34-19 may, at the discretion of the police,
chief, be released without porting bond if the
violator agrees to the impounding; in a garage
authorized by this chapter of the vehicle owned and
driven by the violator or to surrender his driver's
license to insure the violator's appearance in the
municipal.. court to answer the. charges against him,
and pay such fine as may he assessed against the
violator.
(c) No vehicle impounded in an authorized garage as
herein provided shall be released therefroit until the
charges for towing such vehicle into the garage and
storage charges ha e been paid. The charge for tow-
ing or removal of any such vehicle and storage charges
shall be approved by the city manager,
Such charge sh.t11 be posted for public inspection in
the office of the city clerk and in any authorized
garage. "
Section 2. Section 34-21 of the Coda of the City of
Miant.i is h:,reby repealed ,►nd. a now Section 34-2l is enacted to
read as follows:
1/
ec, 34- 1 : ;;atfit -f, st..i co of Impoutianc period. Vehic 16s
to I.)e 1 6i)t.; retch tc tnotc_r Ve iel'e c�ivisiot�=
(a) t�itytho k ah 6Ctic9r dtrcrts,.,,tho reffOttai of a
Vehicle from a street, as 'iiut.hotied in, t_hia article,
and :the officer knows o.r i s rifle to' ascot taih the
name and address' of the owner thereof,. such officer
may immediately give or'cause to' be given notice in.
writing to . s Bch owner, of the fact of such removal and
the. reasons thet:efor, and place to t;hich such
Vehicle has been removezn the'event any such
Vehicle is stored ,in' an authorized. garatje a copy of:
such notice shall be given' to the proprietor of such,
garage.
(b) :,Vehicles seized
under the provisions of this article shall be kept and.
maintained in an authorized:garage for a period of
forty-five days from the date of such seizure and
during such period .of forty-five days, the ,police_ .
- department shall inake every effort to notify the owner,
of any such vehicle thz:t the same is being retained
under the provisions ,of -this 'articleand shall,' through--
out.such period of..fcr.t"y-five days, permit the owner
-to regain possession thereof upon 'proof of ownership
and upon:payment of storage charges and:costs connected
with ' the seizuar-e aztta stxorrye of the vehic]_e .,
(c) At the expiration of forty --five days, , if ' the police
are unable to 'notify the . owner . of the vohicle or for
any other reasons 'are. not able to give notice to the
owner' as herein provided, the' police shall immediately
send or cause.to be'sent a'writzen report of such'
removal by nai1 to the motor 'vehicle division of. the
state department of public safety, and shall file a
copy of such notice'with the proprietor of any,
authorized garage' in- which the vehicle may be stored.
Stich notice -shall include a complete, description of
the vehicle, the date, time and the place from.Which
removed, the reason for' such removal and the name of -
the -garage -or place where the vehicle is. stored
Section 3. All ordinances, code sections of parts
thereof in'conflict herewith, insofar as they are in conflict,
are hereby repealed.
Section 4. 'If any- ::oction, sentence,:clause, se, phrase',
or word of this ordinance
-for any reason held or declnrpd
to be unconstitutional;inoperative or
void, such holding or
1
t ' shall.l• not, Eec t
rd i ttanc': ; laid it
Blaini p-) Li ono
of t hi !3
t d to have heel t.f► i nt c=I'll,
rtitc:)uuni :I53 ior; F the Ci t of Miami to pasli
U ►t- ond1. L.i renal , invalid; c)r. .tIltti17t.1: a1 1 t't! r;IL t" t h 1'C!'.111,
this o ' itiri i,:.e,,, af1er, Lht.! t': C`11.!'9t.Cslt t)1 t1C:11
atYd L110 remaindtia: (IL
part:, or par La :,hall be deemed alld he d to ixe. :1t►( h
l:a1t,
had not: burr 1y i.nciuded +:l7ei 'i.ii:
t..y t The 'tit na,':1 'Y2 ='!i:'.i` t?t t 17.1 .`,i c)rdi rl.lil.•r, :;li t 1I
t:l.l,tlll .) t,
December 7 ��7�1 `
t;�t`lame c.1fL•ective on
PASSEL) AND ADOPTED . BY 3 TLE ONLY this 1Oth
.� play caf
1. ci 74 .
PASSED AND ADOPTED ON SECOND AND FINi'1L READING' BY TITTLE
ith November
ONLY Lids day of
MAURICE A FERRE
H.D. SOUTHERN
Ci ty CI.erk
074.
inEo `e ted Will take 1164dce that oh bn jt t ,
NOVedber 1.9 ' r the Colt tni,tbitth cif the. City of
�ti tit , `:1brida adopted an dYdittanee Ezriti tlecl u.
AN ORDINANCE AMENDING 2flTICL! II, SECTIONS
34.20 'AND 34.21 oi; THE CODE 01:"PHE CITY OF
MIAMI r. PROVIDING FOR THE IMPOUNDr ENT OF
VEHICLES -SHEET AUTHORI7ED. AND FOR THE NOTICE
OF IMPOUNDING; REPEALING ALL ORDINANCES ; CODE
SECTIONS OR PARTS THEREOF, 'IN CONFLICT, INSOFAR
AS THEY T.RE. IN CONFLICT, AND CONTAINING A
SEVLFA13ILITY PROVISION; PROVIDING . FOR AN EFFEC-
TIVE VE DATE.
which is designated Ordinance iio. 8327.
ii. D . SOUTHERN
CITY CLERK
CITY OF MIAMI , FLORIDA
to I-lcstiorable i14+_tril-itrs of
The: City C;tilturtisF it
P. \Vs Andrews
City Manager
cr C1' i' . iiii��i.!!i f l C3i�ID.•
tt:1%.
t
LtICLOW.015.5:
SEP. I t 1:174
rtl r
Presently, the: City of Miami engages the services of towing cotn1,anieS to.
'provide towing service to the City owned and operated auto pound.
It is anticipated that during the 19`7405 13udget Fear, the City will 're-...
quire the,use of the property presently occupied by the auto pound as a
site for a solid Waste collection station. The relocation of the auto
• pound to a remote site is not feasible.
As an alternative, th'City" Administration has e. tplorecl the possibility of
advertising and receiving competitive bids for the provision of towing
"service and auto storage by commercial companies; thereby, elinhinating
the need for maintenance oC an.auto.pound. It should be noted that the City
will maintain a small auto pound facility to accommodate i elhicles impound
. ed in felony arrests.
For the City Commission to give the'authority to they City Manager, it will
• be necessary to amend Article 2, Sections 34'. 20 and 34. 21; Article 3,`
Sections 43. 20 through 43. 25 of the City Code. Accordingly, the attached
proposed ordinance{s'haVc been prepared for City Commission consideration.
The'City Manager -recommends adoption ofthe proposed ordinances.
cc: Honorable
Honorable
IIonorable
IIonorable
IIonorable
Maurice A. Ferre, Mayor
Manolo Reboso, ' `'ice Mayor,
Theodore R. Gibson
Rose Gordon .
3. L. Plummer, Jr.
MIAMI VIEW
ARiB. BAML'I hfeotb
Published befit kept Sdthrdrtyi Suhtioy anti
L60,16140
�ritmti; bdrle t;nuhty, PInririn.
§tAtt fit L6t IHA
tolif `V bP bAbt:
botOte the llndertigned authority personally ap•
bebped Martha brbbnle, who bfi bath say§. that .She
i3 the V.P.x Legal Ads of the Mierni Review and -
Daily. Record, a daily teitcept Saturday. Sunday and
• Legal ,Holidays). newspaper published at Mianni In
Dade County Florida;that the attached Copy at advet•
there -sent, being a Legal Advertisement or Notice In
the Metter b
eitV 'bt Miami P1oi ida
Re!
ottbINANcN No. 812,
th the R'kbt
Court.
was published In Said newspaper in the is•,ues bt
NoVembe1 13 r 1974
AiHant further Says that the said Miami Review
and Daily Record Is n newspaper puhlisbad at Miami,
In said Dade County, Florida, end that the said newt -
paper has heretofore been continuously published Iri
said Dade County Florida, each day (except Saturday,
Sunday
ec secant! classLmail matter at and has
offifce In Miami,
In said Dade County, Florida. for a period of one year
next preceding the first publication of the attached
copy of advertisement; inn affiant further ra)•s that
sho has neither paid nor promised any person. firm
or corporation any discount. rebate. commission or
rotund for the pi - ring this advertisement
for pubiicatio per,
., i ':L' ::2i....4-
i
rr Sworn to and sub rib e • e: ro nie this
13tftl,>, 11o/emb
D. 19..-7 4
ya.Pyrtq �n,Iafl�
`�,Dal`V"State
,.nl 15, 1977.
f Florida at Largo
t't7rt'IP !IKON,
itAbf: ti ht 5 tt 1 t•f.ttkffi.t
Lf:tiAi, \tj'i ft'i•
Mt intc`ri±Sted • Will take :Millet
that an the ith rtai• nt 'kr- ent-
het•, 1974i ., the. Crithhtiratnh nt Ile'
City nt 111iffini. F`Inrid+r. ndobted
art atdininu:e ehtitied •
ASt otitt't4Mt•:
iNc; Att'r1c L1; ; it;
rtC1Ns 31.2i1 AND 14.21 OF
`I'ttt•' COOP: OF: •riii: ctr1-'
OF• Mt.Mt._ PROV1f)Itd ?
I.OR THE tMPOt:`DMENT
0: t•F:IttCLtS-WHEN AU-
TilUtttZF t'' ANt) FOR'.TI4KK 1
N0TtCP:0F1MIPoutsMtNcti;
ttt:t F ALINti ,ALL ORt)t,
t\NCa:.S. cot* SF:c`,•11ONS
OR PAI4TS " 1 H RF:OF IN
CUNFI.tCT. INSOFAR AS
'r1IP:Y ARM 1N CONFLICT.-
ANT) CONT.UNINGA SF:V-,
'
F:tt,liilLITY,. PROVISION:
PROVIDING FOR. AN' EF-
FECTIVE 1)A'I•F:.
which 'is- deniunated Ordinance
Nn. 8327.
it.'1), Sot1T11ERN
CITY CLERK
CI'1'V OF M1.1ML
FLORIDA
1'uhiii•ntion of thiF notice nn
th•• 13111 day' of Nav'mbet. 1971,
ft/13 NI 11103
1
Meleb
9.i0= 4
ORDINANCE
AN ORDINANCE AMENDING ARTICLE Ito SECTIONS
34s2O AND i4$21 OF THE CODE oP Ti#E CITY OF
MIAMIt PROVIDING FOR THE IMPOUNDMENT oP
VEHICLES -WHEN AETNORI= AND.FOR THE NOTICE
oP IMPODNDINO; REFEALINO ALL ORDINANCES, CODE
SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR.
AS TfitY ARE "IN CONFLICT, AND CONTAINING A
SEVERABILITt PROVISION;"PROVIDING FOR AN EFFEC-
TIVE DATE .
WHEREAS, the City of Miami can better utilize. City
property by entering into contracts with private towing firms
to provide for towing service and auto storage; and
WHEREAS, towing and auto service in the future is to
be accomplished on a contractual basis; and
WHEREAS, in order to enter into contracts with private
companies for towing services and,auto storage, it is necessary
to amend Sections 34.20 and 34.21 of the City Code;
NOW, THEREFORE, BE. IT ORDAINED ]3Y THE COMMISSION OF
THE CITY OF MIAMI, FLORIDA:
Section 1. Section 34-20 of the Code of the City of
Miami is hereby repealed and a new Section34-20 is enacted to
read as follows: 1/
"Sec. 34-20. Impoundment of vehicles -When authorized.
(a) Members of the police department are hereby
authorized to rei.eve direct the removal to an authorized
garage, of a vehicle from a street to the nearest
garage or other place of safety, or to a garage de-
signated or maintained by the police department, or
by the city, under the circumstances hereinafter
enumerated
(1) When any vehicle is left unattended upon
any bridge,causeway or viaduct, or in any tunnel or
subway, where such vehicle constitutes an obstruction
to traffic.
(2) When a vehicle upon a street is so disabled
as to constitute an obstruction to traffic, or the
person is, by reason of physical injury, incapacitated
to such an extent as to be unable to provide for its
custody and removal.
( 3) When a vehicle is found being driveh.
Upon the streets and is tint in proper cofditioh to
be driwens
(4) When any vehicle is left Unattehded upon
a street and is so parked illegally as to constitute
a definite hazard or obstruction to the normal move
meatof traffic.
(5) When any vehicle is left unattended upon
a street continuously for more than twenty-four
hours and may be presumed to be abandoned.
(6) When the driver of such vehicle is taken
into custody by the police department and such
vehicle would thereby be left unattendedupon a
street.
(7).When removal is necessary in the interest
of public safety becuase of fire, flood, storm or
other emergency reason.
(b) Any violator taken into custody pursuant to sec-
tion 34-19 may, at the discretion of the police
chief, be released without posting bond, if the
violator agrees to the impounding in a garage..
authorized by this chapter of the vehicle owned and
driven by the violator or to surrender his driver's
license to insure the violator's appearance in the
municipal court to answer the charges against him,
and pay such fine as may be assessed against the
violator.
(c) No vehicle impounded in an authorized garage as
herein provided shall be released therefrom until the
charges for towing such vehicle into the garage and
storage charges have been paid. The charge fortow-
ing or removal of any such vehicle and storage charges
shall be ..€}ited approved by the city manager, sush
elaaFges-te-be-Based-4pes-a-eemputa44ea-ef-all-aetual
expenses-eater}lig-iRte-the-euFEent-eest-e6-sseli-seEse}ees.
Such charge shall be posted for public inspection in
the office of the city clerk and in any authorized
garage. "
Section 2. Section 34-21 of the Code of the City of
Miami is hereby repealed and a new Section 34-21 is enacted to
read as follows; 1/
"Sec: 14.41% Same t otice of impounding; period .vehicles
to be kept; report to motor vehicle diviSioh:.
(a) Whenever an officer Tdireots the reinoVeeal'of a
vehicle from a street,, as authorized in this article,
and the officer knows or is able to ascertain the
narne and address of the owner thereof, such officer
tttay immediately give or causeto be given notice in
writing to such owner of the fact of such removal, and
the reasonstherefor, and of the place to which such
vehicle has been removed in the event any such
vehicle is stored in an authorized garage, a copy of
such notice shall be given to the proprietor of such
garage.
(b) The-e}4y-shall-keep-a144-malntaln Vehicles seized
under the provisions of this article shall be kept and
maintained in an authorized garage for a period of
forty-five days from the date of such seizure and
during such period of forty-five days, the police
department shall make every effort to notify the owner
of any such vehicle that the same is being retained
under the provisions of this article and shall, through-
out such period of forty-five days, permit the owner
to regain possession thereof upon proof of ownership
and upon payment of storage charges and costs connected
with the seizure and storage of the vehicle.
(c) At the expiration of forty-five days, if the police
are unable to notify the owner of the vehicle or for
any other reasons are not able to give notice to the
owner as herein provided, the police shall immediately
send or cause to be sent .a written report of such
removal by mail to the motor vehicle division of the
state department of public safety, and shall file a
copy of such notice with the proprietor of any
authorized garage in which the vehicle may be stored.
Such notice shall include a complete description of
the vehicle, the date, time and the place from which
removed, the reason for such removal and the name of
the garage or place where the vehicle is stored.
Section 3. All ordinances, code sections of parts
thereof in conflict herewith, insofar as they are in conflict,
are hereby repealed,
Section 4. If any section, sentence, clause, phrase,
or word of this ordinance is for any reason held or declared
to be unconstitutional, inoperative or void, such holding or
invalidity than hot affect the rettaihihc portionof thie
ordinance; and it shall be construed to have been the intent
of The Commission of the City of Miafii to pass this ordihafde
Without such unconditional, invalid, or inoperative part therein:.
and the refiainder of this ordinance, after the exclusion of such
part or parts shall be deemed and held to be valid as if such
parts had not been included therein.
Section 5.
The provisions of this ordinance shall
become effective on oe., f ► 1974.
PASSED AND ADOPTED BY TITLE ONLY this 10 day of
1974.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE
ONLY this day of /re, 4, 1974.
O CTOBE R
Attest:
PREPARED AND.. APPROVED BY:
Mikele Carter
Assistant City Attorney
MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
2
John S. Lloyd
ty Attorney
1/ Words stricken through shall be deleted. Underscored
words constitute the amendment proposed, Remaining'
provisions are now in effect and remain unchanged..
City Clerk