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85-2641 Reso 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: See, 44-42. Penalties generally, Yft~e88_efteeftep_pefte~~~-i8-e~ppe88~1-ppevieee-~~-~aWT-evep~ A person, as defined in See, 1-2 who is convicted of a violation of any provision of this chapter 8fte~~ 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 Cit the Parkin S stems Su ervisor or his desi nee 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, H), 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: See, 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 m~ftieipe~ county court or traffic violations bureau, or if any person fails or refuses to deposit - 1 - OFFICE OF THE CITY ATTORNEY. 1700 CONVENTION CENTER DRIVE. MIAMI BEACH. FLORIDA 33139 bail as required and within the time permitted by this chapter, the clerk of the m~ftiei~a~ county court shall forthwith fta~e issue a criminal complaint entered against such person and ~ant to the court's direction issue a warrant for his arrest. As a cumulative civil remedy. a person failin~ to comply with the notice requirement of this section may have his motor vehicle immobilized after the requirements of Sec. 44-50,1 are ~ 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 m~ft*e*~a~ 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 44-50,1 of the Code of the City of Miami Beach, Florida be and the same is hereby created to read: See, 44-50,1 Motor vehicle immobilizin~ devices; towing, (A) The city's parkin~ systems supervisor or his desi2nee is hereby authorized to attach a "Denver boot" or other non-destruc- tive device which prevents a vehicle from bein2 moved under its own power, to a ~otor vehicle under the followin~ conditions: (1) Any motor vehicle with the same license tag number has on at least seven rior occasions been found sto ed 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 b the license ta has failed or refused to res ond b requesting an ~dministrative hearing before the parking systems su ervisor or his desi nee or a court date to contest the arkin tickets or b a in the civil enalties indicated u on the ark- ing tickets; and (2) The registered owner of the motor vehicle, as determined b the license ta number has been iven notice b 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 recei t of the notice, the owner shall a the civil enalties 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- ond to the notice described in subsection (2) b a in such civil penalties or providing adequate proof that the registered owner has re uested a court date for the ur ose of contestin 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 h~ve 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 immob1i1ized, 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 - OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE. MIAMI BEACH, FLORIDA 33139 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 subsectio~ (A)(l) 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 not 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 t his 6th day of February , 1985, ~ ~/4 j/~~~:?,t'- MAYOR "'" , :::;::::::> ATTEST: ~J~d3~/ CITY CLERK Words ft~r~ek-~ftre~gft have been deleted, Words underlined have been added, LDH:ro 1155 1st Reading - January 23, 1985 2nd Reading - February 6, 1985 i'on: ; """'u. .~-; . i., ~, I 1: t '_~' :. ,~_.i ~'~F r;:~ . ,..~. ...'. ' gy' l .~_ Date j Jfjfj./~ _, - 4 - OFFICE OF THE CITY ATTORNEY .1700 CONVENTION CENTER DRIVE. MIAMI BEACH. FLORIDA 33139