Additional penalties and enforcement to include relocation, immobilization, impoundment, and use of a collection agency

(a)

The parking division, Tampa Police Department, or personnel as designated by the director, or their designee, are authorized to attach a device that is capable of immobilizing a vehicle as described in this chapter when:

(1)

It is determined that the plate number attached to a vehicle or the owner of a vehicle owes one hundred dollars ($100.00) or more to the parking division as a result of tickets which are in delinquent status, according to the records of the parking division;

(2)

A violation of subsection 15-123(c) exists, relating to habitual parking status;

(3)

A violation of section 15-67 exists, relating to detached trailers;

(4)

A violation of section 15-47, relating to motor vehicles of eighty-six (86) inches or more in overall width; and

(5)

Otherwise authorized by Code or law to include F.S. Ch. 316, for violations of Florida's Uniform Traffic Control Laws.

(b)

The parking division, Tampa Police Department, or personnel as designated by the director or their designee, are authorized to attach a "self-releasing" device that is capable of immobilizing a vehicle as described in section 15-125(a).

(1)

"Self-releasing" devices consist of a keypad or touch screen in which a customer is able to enter a code to release the device from the vehicle.

(c)

The parking division, Tampa Police Department, or personnel as designated by the director or their designee, are authorized to immediately remove and/or relocate, without warning and at the owner's expense, a vehicle from a street or city property to the nearest garage or other place of safety or to a garage designated or maintained by the city, for any of the following reasons:

(1)

The vehicle is parked in a reserved space or lot. The vehicle in violation shall also receive a citation for unpaid parking in the new space it was relocated to.

(2)

The vehicle is in violation of section 15-57. The vehicle in violation shall also receive a citation for unpaid parking in the new space it was relocated to.

(3)

The vehicle is in violation of section 15-59. The vehicle in violation shall also receive a citation for unpaid parking in the new space it was relocated to.

(d)

In order to ensure the safety of the vehicle which qualifies for immobilization, a vehicle immobilized between the hours of 8:00 a.m. and 9:00 p.m. shall be impounded if the reason for the immobilization has not been resolved and the immobilization device has not been removed by 9:00 p.m. on the day of the immobilization. A vehicle that qualifies for immobilization between of 9:00 p.m. and 8:00 a.m. may be immediately impounded. Violations of section 15-67, relating to detached trailers, may be immediately impounded, or immobilized for the purpose of immediate impoundment, and shall not be released until any immobilization and impoundment penalties and costs are paid. Nothing herein shall prohibit a vehicle from being immobilized or impounded where otherwise authorized by Code or law.

(e)

The clerk of the circuit court and the county court, or the parking division shall supply the Florida Department of Highway Safety and Motor Vehicles with an electronic data file listing persons who have three (3) or more outstanding parking violations or who have any outstanding violations of F.S. § 316.1955. The provisions of F.S. § 320.03(8) shall apply to each person whose name appears on such lists.

(f)

The city may send all penalties and costs owed under this chapter to collections and where authorized by law, place a lien on real or personal property, to include liens for recovering, towing, or storing vehicles as authorized under F.S. § 713.78.

(g)

Immobilization referred to in this chapter shall be by an immobilization device attached to the vehicle at the place where it is found, except that no vehicle shall be immobilized on private property or within the traveled portion of any street or on any portion of a street when immobilization at such place would create a hazard to the public or to the traffic. At the same time as the immobilizing device is attached to the vehicle, a warning notice shall be affixed to the windshield or other prominent place on the vehicle stating that the immobilizing device has been so attached, cautioning the operator not to attempt to operate the vehicle while the immobilizing device is still attached and informing the operator that the vehicle is under immobilization, the reason for the immobilization, and where the proper person must go in order to arrange for the removal of the immobilization device or request a post-immobilization hearing. Immobilization fees shall be paid to the parking division. A person who wishes to request a post-immobilization hearing in front of a hearing officer shall follow the procedure set out under section 15-128 of this chapter.

(h)

Impoundment of a vehicle under this chapter will require the Tampa Police Department to authorize the vehicle to be removed to a city approved impound lot. A vehicle impounded under this chapter will be subject to all liens and terms described under F.S. § 713.78, in addition to payment of all penalties and costs that are due. A person wishing to challenge the immobilization of a vehicle shall follow the procedure described under F.S. § 713.78. The parking division will establish a procedure for sending notice to the owner that the vehicle has been impounded along with the reason for the impoundment, location of the vehicle, and the process for obtaining the vehicle. In order to secure a lien against the impounded vehicle for towing and storage fees, a notice as required under F.S. § 713.78 shall be sent within the time period required to the registered owner by the wrecker operator upon storage of the vehicle at the wrecker-operator's storage lot. Upon request, a person whose vehicle has been immobilized shall be provided with an itemized list of all penalties and costs owed which resulted in the immobilization. A vehicle impounded as authorized under section 15-125(a)(1), relating to delinquent status, or as authorized under section 15-125(a)(2), relating to habitual parking status, or as otherwise authorized for parking violations, shall be released upon proof of payment of penalties and costs to the parking division or a release from the parking division along with payment of all costs related to the impoundment.

(i)

Relocation of a vehicle under this chapter shall occur if there exists a legal open parking space on any adjacent block face. Should no legal open parking space exist, then the vehicle shall be impounded pursuant to section 15-125(h).

(j)

An owner may request a parking division review of property immobilized or impounded for parking violations by following the same procedures as provided for parking division review under sections 15-121 and 15-122. However, a parking division review for immobilization shall be made by the close of the next business day after the immobilization and the review shall be done prior to the end of the next business day following the request for a parking division review for immobilization. The director or their designee shall establish a procedure for the immediate removal of an immobilization device when a person pays all past due penalties and costs and an immobilization fee as established by resolution, and there are no more tickets in delinquent status.

(k)

It is unlawful for any person to attempt or to remove, damage, destroy, or tamper with an immobilizing device affixed to a vehicle by the city. A violation of this section shall be punished in accordance with Code section 1-6. Release of an immobilized vehicle will take place in accordance with section 15-127.

(Ord. No. 2025-43, § 2 (Exh. A), 4-17-2025)

State Law reference— State uniform traffic control, F.S. ch. 316; Enforcement of parking requirements for persons who have disabilities, F.S. § 316.1955; Registration; duties of tax collectors; International Registration Plan, F.S. § 320.03(8); Liens for recovering, towing, or storing vehicles and vessels, F.S. § 713.78.