§ 802.112. Immobilizing of vehicles.

(a)

The Public Parking Officer or an authorized employee of the Office of Public Parking or authorized personnel of the Disabled Services Division is authorized to attach a device that is capable of immobilizing a motor vehicle so that it cannot be moved under its own power without damage to the motor vehicle:

(1)

When three or more citations for unlawful or illegal parking involving any motor vehicle bearing the license plate that has been cited, have been outstanding for more than 15 days and have not been disposed of by payment of the fine or cancellation of the citations as provided in Section 636.104; or

(2)

When five or more daily parking invoices, any one of which is over 15 days old, have been incurred on any City parking facility and have not been resolved by payment; or

(3)

When the vehicle is not lawfully displaying a license plate in accordance with F.S. § 316.605, or the vehicle identification number is covered in such a manner as to prohibit a law enforcement officer or parking enforcement specialist or authorized personnel of the Disabled Services Division from reading it;

(4)

When the vehicle has an altered registration, license plate, citation, or validation sticker in violation of Section 804.709; or

(5)

As set forth in Section 804.1012.

(b)

The immobilizing device shall be attached to the motor vehicle at the place where it is found, except that no motor vehicle shall be immobilized within the traveled portion of a street or on a portion of a street when immobilization at that place would create a hazard to the public or to traffic on the street. At the same time as the immobilizing device is attached to the motor vehicle, a notice shall be affixed to the windshield or other prominent place on the motor vehicle stating that the immobilizing device has been so attached, cautioning the operator not to attempt to operate the motor vehicle while the immobilizing device is still attached and informing the owner or operator of the motor vehicle of the number and age of and total fines and charges assessable under the citations for which the motor vehicle is immobilized (including the removal charge for removal of the immobilizing device and all citations that are outstanding and incurred at the time of immobilization) and where he must go in order to pay the fines and charges and have the immobilizing device removed from the motor vehicle.

(c)

The immobilizing device shall be removed from the motor vehicle upon correction of any violation and payment to the Public Parking Division of the total fine and charges for which the motor vehicle is immobilized. The Public Parking Officer or his designated assistant may approve the removal of the immobilizing device upon obtaining payment of the fines and charges and upon correction of any violation.

(d)

The Sheriff, Public Parking Officer or his designee may tow or cause to be towed and impounded a motor vehicle immobilized under this Section if payment of fines and charges or satisfactory arrangements in lieu thereof have not been paid or obtained within 24 hours of the attaching of the immobilization device. The Sheriff, Public Parking Officer or his designee may also tow or cause to be towed and impounded a motor vehicle that has been immobilized under this Section if the immobilizing device has been removed without the authorization set forth in this Section. Under certain circumstances, such as the driver or owner threatening to remove the immobilizing device, the Public Parking officer shall have the option of towing the vehicle at the time the vehicle is immobilized. All expenses for towing or impounding shall be borne by the owner of the motor vehicle. All towing or impounding hereunder shall be done in accordance with Chapter 804.

(e)

It shall be unlawful and a class D offense for a person, except for the Public Parking Officer or his designee, to remove or cause to be removed the immobilizing device. A fine imposed pursuant to this Section, in addition, may include all costs of repairs of an immobilizing device that has been damaged by being removed.

(Ord. 78-861-460, § 1; Ord. 83-591-400, § 1; Ord. 86-805-446, § 1; Ord. 86-1429-819, § 1; Ord. 98-182-E, § 8; Ord. 2000-22-E, § 3; Ord. 2005-59-E, § 2; Ord. 2007-319-E, § 2; Ord. 2012-674-E, § 3)

Note— Former § 310.111.