Ordinance 85-2461 r
ORDINANCE NO. 85-2461
AN ORDINANCE OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING SECTION 44-42 AND 44-49
OF THE CODE OF THE CITY OF MIAMI BEACH , FLORIDA
BY ADDING A CUMULATIVE REMEDY TO THE ENFORCEMENT
OF THE PARKING ORDINANCE OF THE MUNICIPALITY ;
BY AMENDING SECTION 44-50 OF THE CODE OF THE CITY
OF MIAMI BEACH, FLORIDA TO NOTICE PARKING VIOLA-
TORS THAT APPEARANCE BEFORE THE ADMINISTRATIVE
HEARING OFFICER IS NOT A WAIVER OF THE REQUIREMENT
TO APPEAR IN COUNTY COURT ; BY CREATING SECTION
44. 50-1 OF THE CODE OF THE CITY OF MIAMI BEACH,
FLORIDA, AUTHORIZING THE USE OF AN IMMOBILIZING
DEVICE UPON ANY MOTOR VEHICLE FOUND WITHIN THE
CITY FOR WHICH SEVEN OR MORE PARKING TICKETS ARE
OUTSTANDING AND FOR WHICH THE OWNER HAS FAILED TO
PAY THE APPLICABLE CIVIL PENALTIES OR OTHERWISE
RESPOND TO NOTICE; PROVIDING FOR A LIST OF VEHI-
CLES THAT MAY BE IMMOBILIZED; PROVIDING FOR ATTACH-
MENT OF IMMOBILIZING DEVICES AND PROCEDURES FOR
REMOVAL; PROVIDING FOR A RIGHT TO AN ADMINISTRATIVE
HEARING FOLLOWING THE IMMOBILIZATION OF A VEHICLE ;
AUTHORIZING THE TOWING AND IMPOUNDMENT OF ANY SUCH
MOTOR VEHICLE IF AN IMMOBILIZING DEVICE REMAINS ON
SUCH MOTOR VEHICLE FOR MORE THAN 24 HOURS ; AND
MAKING IT UNLAWFUL FOR A PERSON , LOCKSMITH OR TOWER
TO INTERFERE WITH AN IMMOBILIZING DEVICE ; REPEALING
ALL ORDINANCES IN CONFLICT HEREWITH ; PROVIDING FOR
SEVERABILITY ; PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA:
Section I:
That Section 44-42 of the Code of the City of Miami Beach,
Florida, be and the same is hereby amended to read :
Sec . 44-42 . Penalties generally .
Uftiess-atter=her-pe$aIty-}s-expressy-ptev4de4- y-iftw -evePy
A person, as defined in Sec . 1-2 who is convicted of a violation
of any provision of this chapter stall may be punished by a fine
of not more than one thousand dollars , or by imprisonment for not
more than ninety days , or by both such fine and imprisonment for
not more than ninety days , or by both such fine and imprisonment .
As a cumulative remedy to the enforcement of the parking ordi-
nances of this City, the Parking Systems Supervisor or his designee
may order an immobilizing device to be placed upon a motor vehicle
after following the procedure as set forth in Sec . 44-50 . 1.
(Ord . No . 1041 , §1) .
Section II .
That Section 44-49 of the Code of the City of Miami Beach,
Florida , be and the same is hereby amended to read :
Sec. 44-49. When complaint to be issued or immobilizing
device to be attached.
In the event any person fails to comply with a notice
given to such person or attached to a vehicle with the same license
tag number or fails to make an appearance pursuant to a summons
directing an appearance in the txttft a pal county court or traffic
violations bureau, or if any person fails or refuses to deposit
- 1 -
s
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
r
bail as required and within the time permitted by this chapter ,
the clerk of the men e4pa1 county court shall forthwith have
issue a criminal complaint entered against such person and
pursuant to the court ' s direction issue a warrant for his
arrest . As a cumulative civil remedy , a person failing to comply
with the notice requirement of this section may have his motor
vehicle immobilized after the requirements of Sec . 44-50 . 1 are
met .
Section III.
That Section 44-50 of the Code of the City of Miami Beach,
Florida, be and the same is hereby amended to read :
Sec. 44-50 . Offenders may be required to appear in
court or before an administrative officer .
In any violation of this chapter , the city may refuse to
accept the payment of a fine under the terms and provisions of this
article and instead , require the offender to appear in mate+e pai
county court for trial. The appearance before the administrative
hearing officer as set forth more fully in Sec . 44-50 . 1 shall not
constitute a waiver of the requirement to appear in county court .
Section IV:
That Section 44-5b. 1 of the Code of the City of Miami
Beach, Florida be and the same is hereby created to read :
Sec . 44-50. 1 Motor vehicle immobilizing devices ; towing.
(A) The city' s parking systems supervisor or his designee
is hereby authorized to attach a "Denver boot" or other non-destruc-
tive device which prevents a vehicle from being moved under its own
power , to a motor vehicle under the following conditions :
(1) Any motor vehicle with the same license tag
number has on at least seven prior occasions been found stopped ,
standing or parked on any street , alley or thoroughfare within
the city in violation of state law or city ordinance , for which
parking tickets have been issued and to which the registered owner
as indicated by the license tag has failed or refused to respond by
requesting an administrative hearing before the parking systems
supervisor or his designee or a court date to contest the parking
tickets or by paying the civil penalties indicated upon the park-
ing tickets; and
(2) The registered owner of the motor vehicle , as
determined by the license tag number has been given notice by mail
or hand delivered a notice that the provisions of this section will
be enforced against the motor vehicle with the same tag number
unless , not more than five (5) calendar days from the date of
receipt of the notice , the owner shall pay the civil penalties , as
enumerated in Sec . 44-43 , for all such outstanding citations and
summonses ; and
(3) The registered owner of the motor vehicle , as
determined by the license tag number has failed or refused to res-
pond to the notice described in subsection (2) by paying such civil
penalties or providing adequate proof that the registered owner
has requested a court date for the purpose of contesting the
parking tickets . Adequate proof shall be an affidavit from
the Clerk of the Dade County Court or his deputies that a court date
has been requested.
- 2 -
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
(B) The parking system supervisor or his designee
shall maintain a current list of all motor vehicles tag num-
bers to which an immobilization device may be attached pursuant
to this section. Said list shall be updated every two weeks and
a copy given to the Police Chief and the City Manager .
(C) The immobilizing device shall be attached to the
motor vehicle with the same license tag number at any location
within the city where the motor vehicle with the same license
tag number may be found , if that location is in a right-of-way or a
place where the public is invited to travel ; except that no
motor vehicle shall be immobilized within the traveled portion of
any street or in any portion of any street or in any portion of any
street when immobilization at such place would create a hazard
to the public or to traffic .
(D) At the time that an immobilizing device is at-
tached to a motor vehicle , a notice shall be affixed to the front
windshield on the passenger ' s side or to the left front window
stating that the immobilizing device has been attached and caution-
ing the operator not to attempt to operate the motor vehicle or
to attempt to remove the immobilizing device. The notice shall
inform the owner or operator of the motor vehicle , as determined
by the tag number , of the total amount of civil penalties assessed
under the citations for which the motor vehicle is immobilized , plus
the removal charge for removal of the immobilizing device , the hours
which the parking systems office shall be open and the location to
which the owner or operator must go in order to pay the civil
penalties and removal charge and have the immobilizing device
removed from the motor vehicle.
(E) (1) The immobilizing device shall be removed
from the motor vehicle only upon payment of the civil penalties
assessed under the citations for which the motor vehicle has been
immoblilized , plus the removal charge, and upon the authorization
of the parking systems supervisor of the city or his designee or
the City Manager .
(2) The registered owner of a vehicle which has
been immobilized with an immobilizing device shall have the right
to request the parking systems supervisor or his designee to con-
duct an administrative hearing for the purpose of determining whether
such vehicle was properly immobilized in accordance with the terms
of this ordinance. The hearing shall be held within twenty-four
(24) hours of such a request being made, or at such other time as
may be requested by the owner , excluding weekends and City holidays .
The owner requesting the hearing shall receive notice of its date ,
time and place at the time the request is made. If , upon the
conclusion of the hearing , the parking systems supervisor or his
designee determines that the vehicle was properly immobilized in
accordance with the terms of this ordinance , the owner or operator ,
in order to obtain the removal of the immobilizing device , shall
pay the City the amount indicated in subsection (D) . If the park-
ing systems supervisor or his designee determines that the vehicle
was not properly immobilized , the immobilizing device shall be re-
moved immediately.
(F) The removal charge for the authorized removal of an
immobilizing device is hereby established in the amount of thirty
dollars ($30. 00) .
(G) (1) As an additional remedy if an immobilizing
device remains on a motor vehicle for more than 24 hours , any
- 3 -
f
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
r
motor vehicle , as described in subsection (A) , may , at the dis-
cretion of the parking systems supervisor or his designee, be
towed from any location where it may be found within the City ,
if the location is in a right-of-way or a place where the public
is invited to travel , and shall be impounded until the registered
owner pays all outstanding civil penalties , the removal charge
and the costs of towing and impoundment .
(2) It shall be unlawful for any person. locksmith
or towing company to tamper with an immobilizing device or move
an immobilized vehicle without the express written consent of
the parking systems supervisor or his designee. Anyone found
guilty of tampering with the immobilization device or moving an
immobilized vehicle shall be fined not less than two hundred fifty
dollars ($250. 00) , nor more than five hundred dollars ( $500 . 00) ,
in addition to the value of the immobilizing device .
(H) This ordinance shall be applied retrospectively ,
such that an outstanding citation or summons issued prior to
the effective date hereof shall be includable in determining
whether the requirements of subsection (A) (1) have been met .
(I) Proof of ownership shall be determined by the motor
vehicle license tag number . If said tag has been transferred to
another car , this shall no, relieve the tag owner from liability
under the parking section of the code .
Section V : Repealer
That all ordinances or parts of ordinances in conflict herewith be
and the same are hereby repealed .
Section VI : Severability
If any section, subsection, clause or provision of this Ordinance
is held invalid , the remainder shall not be affected by such
invalidity.
Section VII : Effective Date
This Ordinance shall take effect 10 days after its adoption on
February 16 , 1985 .
PASSED and ADOPTED this 6th day of February , 1985 .
a `
1
'MAYOR
ATTEST :
-t%6
CITY CLERK
Words 9 Leek-thettgh have been deleted .
Words underlined have been added.
LDH: ro FORM APPROVED
1155
1st Reading - January 23, 1985 EG, DEPT.
2nd Reading - February 6, 1985
By, , Li
Date.
- 4 -
s
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
X ro 0 b0X 0 0 I +J
'd •r1 U '0 •H +J •H 0 1-J OW cd 'H F-I •rl
Q) 'd +J r-a 0.0 cd cd bO.0 •H W lJ ,-I I-+ b cd -t W
'0 c 0 cd N 0 3 +J 4..1 ^ 0 .0 H U o 0 N E c\I a
O W a.0 •rl (1) 0 O cd •H •rl P U .O 'd.-+ •H 4-I cd o a) a)
CJ . �. •H -J r .C+ cd d r-I N $ cd ..-I cd 0 ,0 4- HI 0 0 }-I
N 9 U •r 44 c J,J L) r I rel 7.1 a 3 •H Q+ > 0 0) 00 0 Q1 ..0 I LI-I
,.0i•d 0 O a 0 0 O ^•H 0 Q) HU) •rl U 1".a' •H U 1-I O 5.d
+J c0 0 d H G 0 Ln X -0 d H a CO u-1 Ti •rl •H N •H 4-1 a)
rl 4-1 E a) ^J o •H • U o 0 o O a H O 'H › 'd cd > N +-J
—I 4a 1 'd U 4.1 CO cd 4-1 E 4-1 cd J N •ri a) a) S-1 rl >-..'
.O 0 a) N O .r1 CO •rl H �t 0 a) 1-J o 'd ? .0 'd O d •H
-t ^ .0 LJ .+J .O cd Pq •r1 a) 4 "0 (1) (I) U) H 0 E 1H
'•J (3N +J 0 1-1 a) 0 r-I 0 0 .0 •H •H a 00 P N 60 3 0
I N >~ a) N a O •H G U cd 4-J 3 r-1 0 a > 0 H cd .0
cn 1• cd 4.) 1H .0 C.) U a•rl cd 'H 0 P •^ •rl •r1 •H 0 rl
.-1 CO -d' Q) O 4-J 0 0 •H cd 4-J cd „s~ a) b0 a) cd 'd N •^ +J N 4-1 0 i•1 i.
Q pa O +i-I cd 4-1 U •rl 4-1 0 cd .L" N � cd> 0 •H r •H 0 a) Q)
Z .4J cll 4a H 4-1 o a) 0 J QJ •H a S-1 1--1+J H N r-1 cd l a) 3 U
H • 'v •rl U0 • cd 0 4 J U) in 'd o 0 .H o > 1-J 0 .-1 +J 0 •r1
C �+7 Z G E T f cd a) LH a) H 0 0 4-I (-I X 0 U) ,.fl U •r1 +J D
1,-1 cd cd rd CC) O r-I a bO +J by O U) 0 X cd 1-J P •r1 0 E •H o •H U
0414 •H a) 0 ul a 0. 000 0 1-1 U 4-1 0 bO.D 0 0 ,.0 00 H1 'd
O L N X •H 1 cd .rl (ll •rl O •rl Cl) 'd ( O Ek •r1 aJ 0rO
on
14I a)1 TI-1 tt .0 +J Nd a) + +rJ .N .3 d .-)i Ua)) •'d •rl 'dr •_l
.[ 0
Z d' 0 O coy U cd a) 3-I a U 1J O •rl •rl .H •rl 4-1 0 cd (1) €-I cd 1-J •H
H
o b0 bO CU 0 o O N bO C 00 a) 4-I-1 H 0 0 0 0 +-J 4- E '4
WW u •ri G W a) u' X 0 4-1 H cd Sa .0 +J U) cd 0 'd cn H
O 00•rl .-J •H •H U) > 0 1-J •H * R1 (1) 0 a * a) bO E 0 0
O O cd ... 'd •H HI •H P .a N O 0 Q) T a) )-1 O G+ ct O .0
ra
•H r-I P }+ 0 +J 4-I •ri a +J U) ,.0 a •^ Ed E" 0 +J •rl S' 0 0
"I cd
'd a) a) cd +J cd N •^ o Pd •r. +J a) E .0 'd 3 O •^r1
N 1�-1 0 a * F r-4 4 J .ta 4�.1 a) �0+ a) CJ CU. 0) .rl •H +J cUd cd) X H m fes- •r4
U 0 o 0 g 'd 1-J O N O 'J +J cd 1-1 O bO r-I d >~
0 0 � .0 0 > 0 4-4
O O 0 .,`21
> 1�-J •ACJ 0 U 0 1�-J Q+•H
-I 40-1 0 ,0 co!) 0
r
f