§ 2-22-6. Removal of vehicles.

(a)

In addition to the powers enumerated in section 2-22-5, a law enforcement officer or authorized agent of the county who discovers a motor vehicle that is standing, stopped or parked in violation of this chapter is authorized to have the vehicle removed and stored in such a manner as to comply with all statutory requirements, allowing for a lien to attach upon the motor vehicle for towing, transportation, and storage fees pursuant to Section 713.78, F.S., or any amended or successor statutes.

(1)

State-certified law enforcement officers shall be vested with the authority, and it shall be their duty, to provide for the removal of any unoccupied motor vehicle parked in violation of this chapter or any other parking regulations of the county within unincorporated areas of the county, and to release any such motor vehicle to the duly identified owner (or lessee) thereof, subject, however, to the payment of any applicable penalty and to the payment of storage, towing and other impounding charges.

(2)

Authorized agents of the county shall be vested with the authority, and it shall be their duty, to provide for the removal any unoccupied motor vehicle parked in violation of this chapter or any other parking regulations of the county within or upon property owned or controlled by the county, and to release any such motor vehicle to the duly identified owner (or lessee) thereof, subject, however, to the payment of any applicable penalty and to the payment of storage, towing and other impounding charges.

(3)

Whenever an authorized agent of the county finds a motor vehicle standing, stopped or parked upon a county right-of-way in violation of section 2-22-24 of this chapter, the authorized agent of the county is authorized to require the driver or other person in charge of the motor vehicle to move the same to a position off the county right-of-way.

(b)

State-certified law enforcement officers are hereby authorized to provide for the removal of any unattended motor vehicle to the nearest garage or place of safety, when such motor vehicle is found upon any county right-of-way in the following instances:

(1)

Where such motor vehicle constitutes an obstruction to traffic, or to public use of the right-of-way; or

(2)

Where such motor vehicle has been parked or stored on the county right-of-way for a period exceeding forty-eight (48) hours, except in areas where parking is allowed.

(c)

Pursuant to Section 713.78(4), F.S., the state-certified law enforcement officer or authorized agent of the county removing a motor vehicle described by this section shall be required to report or cause to be reported the same to the Florida Department of Highway Safety and Motor Vehicles within twenty-four (24) hours of such removal. In addition, state-certified law enforcement officers or authorized agents of the county removing such a motor vehicle shall make a prompt, good faith effort to identify and notify the owner or lessee of the motor vehicle of the fact of the removal and of the location of the motor vehicle.

(d)

Payment of fees incurred.

(1)

Neither the county nor the law enforcement agency shall be responsible for the payment of any fees necessary for the release of motor vehicle stored pursuant to this section.

(2)

Any cost incurred by the county or the law enforcement agency in the removal and storage of any unattended motor vehicle shall be paid by the vehicle owner or lessee, upon presentment of a statement of costs incurred. Upon the owner's or lessee's failure or refusal to pay such costs within thirty (30) days of presentment of a statement, the county or the law enforcement agency, or both, may avail themselves of any lawful means of enforcing payment, to include suit in a court of competent jurisdiction. The provisions of this subsection shall not apply if the motor vehicle is determined by the investigating agency to be stolen.

(Ord. No. 18-10 , § 1, 6-12-18)

Editor's note

See the editor's note to § 2-22-1.