§ 26-164. Vehicles parked on public and private property; towing.

(a)

It shall be unlawful to stop, stand or park an unauthorized vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or the direction of a law enforcement officer or official traffic-control device, in any public parking lot or parking area during hours when such parking lot or area is closed to the general public or upon any other public property where parking is restricted or prohibited.

(b)

It shall be unlawful for any person to park a motor vehicle, upon a public street or highway, a public parking lot, or other public property, or upon private property where the public has the right to travel by motor vehicle, for the principal purpose and intent of displaying the motor vehicle thereon for sale, hire, or rental unless the sale, hire, or rental of the motor vehicle is specifically authorized on such property by this Code, and the person is in compliance with all city licensing requirements.

(1)

The provisions of subsection (b) above do not prohibit a person from parking his or her own motor vehicle or his or her other personal property on any private real property for which the person owns or leases or on private real property which the person does not own or lease, for which he or she obtains the permission of the owner, or on the public street immediately adjacent thereto, for the principal purpose and intent of sale, hire, or rental.

(c)

A vehicle is subject to immediate removal without warning if it bears a telephone number that has been displayed on three (3) or more vehicles offered for sale within a twelve-month period.

(d)

Law enforcement officers, parking enforcement specialists, and code compliance officers are hereby authorized to issue a citation and cause to be immediately removed at the owner's expense any motor vehicle found in violation of subsections (b) and (c) above, except as provided in section (b)(1) above, and the owner shall be assessed a penalty as provided in F.S. § 318.18(21).

(e)

Law enforcement officers, parking enforcement specialists, and code compliance officers are hereby authorized to direct the removal of any vehicle stopped, standing or parked in violation of this section if signs have been posted indicating that the parking lot, parking area or public property is a location from which vehicles will be removed if they are parked illegally.

(f)

Removal of vehicles from public property, parking lots or parking areas pursuant to this section shall be accomplished in accordance with the following procedure:

(1)

The law enforcement officer or parking enforcement specialist shall attempt to locate the owner or operator of the illegally parked vehicle within the immediate vicinity of the vehicle before causing the vehicle to be towed or removed.

(2)

Once the vehicle is removed, a description of the vehicle shall be forwarded to the police department which shall, as soon as practicable, attempt to ascertain the identity of the owner of the vehicle. Within twenty-four (24) hours, the city shall attempt to contact the owner of the vehicle to notify him of the removal and location of the vehicle.

(3)

If the city is unable to contact the owner or operator of the vehicle or if the vehicle remains unclaimed for forty-eight (48) hours, written notice of the towing and location of the vehicle shall be mailed to the registered owner of the vehicle.

(4)

Upon payment of the costs of towing and storage, a vehicle removed and impounded pursuant to this section will be released to the owner or operator.

(5)

An owner may secure the release of his vehicle without first paying the costs of towing and storage by posting a bond as provided by law.

(6)

Should the owner or operator of an illegally parked vehicle contesting the parking citation prevail in an administrative appeal conducted pursuant to section 26-113 or in a court of competent jurisdiction, the costs of removal and storage of the vehicle shall be borne by the city. If such an owner or operator has paid the towing and storage costs to obtain the release of his vehicle prior to prevailing in the administrative appeal or judicial proceeding, the city shall reimburse the owner or operator the full amount of such charges.

(Ord. No. C-14-50 , § 1, 12-17-14; Ord. No. C-16-17 , § 1, 9-7-16)