§ 30-389.4. Parking enforcement procedures.

(a)

When it appears to the Clerk of Court that five (5) or more summonses or citations (or one (1) or more summons or citation involving a violation of Section 30-447) have been issued to the same motor vehicle owner without regard to whether the summonses or citations bear a date prior to or subsequent to the effective date of this section, and said motor vehicle owner has failed to respond or to appear in Court as required by Section 30-389.3 and Section 30-385, the Clerk shall send to the motor vehicle owner notification that an order authorizing either impoundment or immobilization will be issued because of the five (5) outstanding summonses or citations (or one (1) or more summons or citation involving a violation of Section 30-447) issued to the same motor vehicle owner. This notification shall be sent by certified mail to the address which appears on the records of the Department of Motor Vehicles. If, after contacting the Department of Motor Vehicles, the Parking Violations Bureau is unable to determine the motor vehicle owner's address, it shall not be necessary for the Clerk to mail notice before the motor vehicle may be immobilized in accordance with subsection (f) of this section. If the motor vehicle owner fails to account for his parking violations pursuant to this Code within ten (10) days of the sending of the letter of notification, or if the Clerk is advised that the address of the registered owner of the motor vehicle is unknown, the Clerk shall notify the Chief Judge or his designee.

(b)

The Chief Judge or his designee, upon receipt of notice from the Clerk of Court, pursuant to subsection (a), may issue an order to all law enforcement officers and parking enforcement specialists in the Eleventh Judicial Circuit for the State of Florida, commanding such law enforcement officers and parking enforcement specialists to impound or immobilize any motor vehicle registered to the person to whom the notice was directed. The order to impound or immobilize shall specify the registration or tag number(s) of said vehicle(s), the make(s) or trade name(s) of the vehicle(s), and if known, to the Court, the serial number(s) of the vehicle(s). Any vehicle having a tag that has been reported by the registered owner of the tag, in a sworn affidavit, as stolen or unauthorized for use prior to the issuance of a parking citation shall be immobilized, without notice, in accordance with this subsection and in the manner prescribed in subsection (f).

(c)

At intervals to be determined by the Chief Judge, the Clerk of Court shall publish and transmit to all police and parking enforcement departments within Miami-Dade County a list of motor vehicles which have been ordered impounded or immobilized pursuant to the preceding subsection.

(d)

Any law enforcement officer or parking enforcement specialist who comes into contact with an unoccupied parked motor vehicle which he reasonably believes to be a vehicle for which there is outstanding an impoundment or immobilization order, shall impound the vehicle in the manner prescribed in subsection (e), or immobilize the vehicle in the manner prescribed in subsection (f).

(e)

Impoundment of vehicles pursuant to subsection (b) shall be accomplished by means of removal of the vehicle to the nearest facility or other place of safety, or to a facility designated or maintained by the County or by a municipality.

(f)

Immobilization of vehicles pursuant to subsection (b) shall be accomplished by means of a Denver boot or other nondestructive device which prevents the vehicle from moving under its own power or by the removal of the license tag. The police officer or parking enforcement specialist who causes the motor vehicle to be immobilized shall attach a notice to the motor vehicle, on the form prescribed by the County Court, advising the owner of the motor vehicle of the information necessary to enable the owner to have the immobilization device removed or license tag returned. The notice shall be signed by the police officer or parking enforcement specialist and indicate his/her badge number. For a period of forty-eight (48) hours from the removal of the license tag, the owner of the vehicle shall not be liable for failure to comply with Section 30-367 of the Code of Miami-Dade County.

(g)

A prompt and adequate post impoundment or post-immobilization hearing will be provided to the owner of an immobilized motor vehicle, enabling him/her to contest the impoundment or immobilization as being unjustified. In the course of this hearing, the burden will be on the County to prove the parking violations and the legality of the impoundment or immobilization in the usual way.

(h)

During the course of this hearing, the owner of the vehicle can obtain the release of the vehicle or the license tag by posting bond as required by the County Court.

(i)

A motor vehicle which has been impounded or immobilized shall be released by the police or parking enforcement agency involved when the owner or operator has complied with the terms of the impoundment or immobilization order and presented proof of such compliance to the agency which impounded or immobilized the vehicle.

(Ord. No. 81-62, § 6, 6-2-81; Ord. No. 86-7, § 4, 2-4-86; Ord. No. 87-15, § 1, 4-7-87; Ord. No. 01-64, § 3, 3-20-01)