§ 30-384. Impounding vehicles.

(a)

Police officers or such other employees as may be designated by the County Manager are authorized to remove a vehicle to the nearest garage or other place of safety, or to a garage designated or maintained by the County or by a municipality under the circumstances hereinafter enumerated.

(1)

When any vehicle is left unattended upon any bridge, causeway, or viaduct, or where such vehicle constituted an obstruction to traffic.

(2)

When a vehicle upon a street is so disabled as to constitute an obstruction to traffic, or the person or persons in charge of the vehicle are by reason of physical injury incapacitated to such an extent as to be unable to provide for its custody and removal.

(3)

When a vehicle is found upon the streets or the public right-of-way and is not in proper condition to be driven.

(4)

When any vehicle is left unattended upon a street and is so parked illegally as to constitute a definite hazard or obstruction to the normal movement of traffic.

(5)

Where such vehicle has been parked or stored on the public right-of-way for a period exceeding forty-eight (48) hours, in other than designated parking areas, and is within thirty (30) feet of the pavement edge.

(6)

When the driver of such vehicle is taken into custody by a law enforcement officer and such vehicle would thereby be left unattended upon a street; provided, however, that the officer shall, prior to impounding a vehicle, afford the owner or the driver at his or her option, a reasonable opportunity in light of the circumstances in which to provide for the removal of the vehicle within a reasonable length of time. In lieu of impounding the vehicle in cases where neither the driver nor the owner elects to provide for the removal of the vehicle or in cases where neither the driver nor the owner can provide for the removal of the vehicle within a reasonable length of time, the owner or the driver may elect in writing to allow the vehicle to remain in place, if lawful. Neither the individual officer nor the officer's employer shall be held liable for any damage whatsoever to a vehicle when the owner of said vehicle or the driver has elected to allow the vehicle not to be removed.

Prior to impounding such vehicle pursuant to this subsection, the police officer shall reasonably attempt to inform the owner or the driver of said vehicle of the various alternatives to impounding, and, the officer, upon request, shall provide the owner or the driver with the requisite form upon which he or she may elect to allow the vehicle to remain in place.

For purposes of this subsection, the driver of the vehicle shall be conclusively presumed to be the authorized agent of the owner.

(7)

When removal is necessary in the interest of public safety because the vehicle is parked on the sidewalk or a bicycle path, or because of fire, flood, storm, or other emergency reason.

(8)

When a vehicle is left unattended in violation of Section 30-447 of this Code or Sections 316.1955(5)(a) or 316.1956(3), Florida Statutes.

(9)

When any vehicle is subject to impoundment pursuant to Section 30-389.4 of this Code in the manner prescribed therein.

(10)

When a vehicle is left unattended in an area in which Miami-Dade County has posted a sign indicating that parking is prohibited and stating "TOW-AWAY ZONE."

(11)

When a vehicle is used by an individual for temporary living quarters on the public right-of-way or other public property not designated and authorized as a campsite. Prior to impounding such vehicle pursuant to this subsection, the police officer shall reasonably attempt to afford the driver or owner of such vehicle the opportunity to remove such vehicle from the public property so as to avoid impoundment of the vehicle. This subsection shall not apply to vehicles occupied or possessed by persons awaiting entrance to sporting events as spectators.

(12)

When a vehicle is used by a person engaging in the commission of a violation of subsections (1) or (2) of Section 21-30.01 of the Miami-Dade County Code relating to graffiti.

(13)

When a vehicle is determined to have been stolen.

(14)

When a vehicle is displayed on a private street, vacant lot, parking lot or private property for the prinicipal purpose of displaying such vehicle or other personal property thereon for sale or rental in violation of Section 30-388.31.1.

(15)

When a vehicle is parked upon any street or within the right-of-way for the principal purpose of displaying such vehicle for sale.

(16)

When a vehicle is parked upon any street or public right-of-way in a residential zone in violation of Section 30-388.31 of this Code.

(17)

When a vehicle is left unattended in violation of Section 30-450 of this Code.

(b)

Any violator taken into custody pursuant to this section may at the discretion of the County Judges be released without posting bond, if the violator agrees to the impounding in a facility authorized by this chapter of the vehicle owned and driven by the violator or to surrender of his or her driver's license to insure the violator's appearance in the County Court to answer the charges against same, and pay such fine as may be assessed against the violator.

(c)

No vehicle impounded in a facility as herein provided shall be released therefrom until the charges for towing such vehicle into the facility and storage charges have been paid. Charges for towing and removal shall be fixed by and posted for public inspection in the office of the Miami-Dade Police and in the facilities affected.

(d)

Whenever an officer removes a vehicle from a street as authorized in this section, and the officer knows or is able to ascertain the name and address of the owner thereof, such officer shall within twenty-four (24) hours give or cause to be given notice in writing to such owner of the fact of such removal, and the reasons therefor, and of the place to which such vehicle has been removed. In the event such vehicle is stored in an authorized facility, a copy of such notice shall be given to the proprietor of such facility.

(e)

Whenever an officer removes a vehicle from a street under this section, and does not know and is not able to ascertain the name of the owner, or for any other reason is unable to give the notice to the owner as hereinbefore provided, and in the event the vehicle is not returned to the owner within a period of three (3) days, then and in that event the officer shall immediately send or cause to be sent written report of such removal by mail to the Motor Vehicle Commissioner of the Miami-Dade Police Department and shall file a copy of such notice with the proprietor of any facility in which the vehicle may be stored. Such notice shall include a complete description of the vehicle, the date, time, and name of the garage or place where the vehicle is stored.

(Ord. No. 71-94, § 1, 12-21-71; Ord. No. 74-56, §§ 1, 2, 7-2-74; Ord. No. 83-22, § 2, 5-3-83; Ord. No. 86-7, § 1, 2-4-86; Ord. No. 88-35, § 1, 5-3-88; Ord. No. 90-146, § 1, 12-18-90; Ord. No. 91-40, § 3, 4-2-91; Ord. No. 91-84, § 1, 7-23-91; Ord. No. 93-77, § 3, 7-29-93; Ord. No. 94-108, § 1, 6-9-94; Ord. No. 95-81, § 2, 5-2-95; Ord. No. 95-211, § 1, 11-21-95; Ord. No. 98-108, § 1, 7-21-98; Ord. No. 01-86, § 2, 5-8-01; Ord. No. 04-24, § 1, 2-3-04)

Cross reference

Abandoned motor vehicle, § 30-389; immobilization of certain motor vehicles, § 30-389.4.