§ 71.092. IMMOBILIZATION OF VEHICLES BY THE CITY TO COLLECT OUTSTANDING PARKING FINES.

(A)

Any police officer employed by the City is hereby authorized to attach a "Denver boot" or other nondestructive device, which prevents a vehicle from being moved under its own power, to a motor vehicle under the following conditions:

(1)

The motor vehicle has, on at least five (5) prior occasions, been found stopped, standing or parked on any street, alley or thoroughfare within the City in violation of a State law or City ordinance for which parking tickets have been issued and to which the registered owner has failed or refused to respond by requesting an administrative hearing before the City Manager's designee or a court date to contest the parking tickets or by paying the civil penalties indicated upon the parking tickets or imposed by court order. A parking ticket issued for parking in a handicapped parking space shall count as three (3) occasions or tickets for the purposes of this Section.

(2)

The registered owner of the motor vehicle has been given written notice by mail (to the address listed by the Florida Department of Highway Safety and Motor Vehicles) or otherwise that the provisions of this Section will be enforced against the motor vehicle unless, not more than ten (10) calendar days from the date of receipt of the notice, the owner shall pay the civil penalties for all such outstanding parking tickets, or request an administrative hearing before the City Manager's designee to determine whether the immobilization of the vehicle is warranted or notifies the City that he has requested a court hearing for the unpaid tickets; and

(3)

The registered owner of the motor vehicle has failed or refused to respond to the notice described in Section (A)(2) above by paying such civil penalties or requesting an administrative hearing or court hearing; and

(4)

If the owner or operator of such vehicle requests an administrative hearing, the City Manager's designee shall grant an administrative hearing within ten (10) working days from the date of such request. Immobilization shall be warranted if the City Manager's designee finds that the City has correctly followed the notice procedures of this Section and there are a sufficient number of outstanding parking tickets. The owner or operator may appeal the City Manager's designee's decision to the City Manager.

(B)

The City shall maintain a current list of all motor vehicles to which an immobilizing device may be attached pursuant to this Section.

(C)

The immobilizing device shall be attached to the motor vehicle at any location within the City where the motor vehicle may be found, if the 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 when immobilization at such place would create a hazard to the public or to traffic.

(D)

At the time that an immobilizing device is attached to a motor vehicle, a notice shall be affixed to the windshield and to the left front window (driver's side) stating that the immobilizing device has been attached and cautioning 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 that the motor vehicle is immobilized because of civil penalties assessed due to unpaid citations, that a removal charge for removal of the immobilizing device has been incurred, 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)

Except as provided in Subsection (F) below, 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 immobilized, plus the removal charges, or upon the authorization of the City Manager's designee. Payment may be made in the form of cash, cashier's check, money order, MasterCard or Visa. Payment shall be made at the City of Delray Beach Police Department, 300 W. Atlantic Avenue, Delray Beach.

(F)

The owner or operator of a vehicle which has been immobilized with an immobilizing device shall have the right to request the City Manager's designee to conduct an administrative hearing for the purpose of determining whether such vehicle was properly immobilized in accordance with the terms of this Section. The hearing shall be held during normal business hours (Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding holidays) and within twenty-four (24) hours of such a request being made if the City Manager's designee is available. If said immobilization occurs after normal City business hours (Monday through Friday, 8:00 a.m. to 5:00 p.m.) said hearing will be scheduled within twenty-four (24) hours of the opening of the business. The owner or operator 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 City Manager's designee determines that the vehicle was properly immobilized in accordance with the terms of this Section, the owner or operator, in order to obtain the removal of the immobilizing device, shall pay the City the amount indicated in subsection (E). If the City Manager's designee determines that the vehicle was not properly immobilized, the immobilizing device shall be removed as soon as possible. The owner or operator may appeal the decision of the City Manager's designee to the City Manager.

(G)

The removal charge for the authorized removal of an immobilizing device is hereby established in the amount of twenty-five dollars ($25.00).

(H)

As an additional remedy, if an immobilizing device remains on a motor vehicle for more than twenty-four (24) hours, any motor vehicle described in subsection (A) may 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.

(I)

This Section shall be applied retrospectively so that any outstanding citation or summons shall be includable in determining whether the requirements of subsection (A)(1) have been met.

(J)

The City Manager shall have the right to appoint the parking management specialist or another designee to conduct the administrative hearings.

(K)

If the immobilizing device is destroyed or damaged while placed on a motor vehicle, the owner of the motor vehicle shall be responsible for the costs to repair such damage or to replace the immobilizing device if destroyed. However, in no event shall such charges exceed five hundred dollars ($500.00). Such charges shall be paid prior to the release of the motor vehicle. If an immobilizing device is placed on a motor vehicle and the motor vehicle is moved without returning the immobilizing device, the owner of the motor vehicle shall then be responsible for the replacement cost of the immobilizing device.

(Ord. No. 14-02, § 1, passed 5/21/02; Ord. No. 19-03, § 1, passed 7/22/03)