Impoundment of motor vehicles, controlled substances, prostitution, and illegal dumping of waste

(a)

A motor vehicle shall be subject to seizure and impoundment whenever a police officer has probable cause to believe that the vehicle:

(1)

Contains any controlled substances or cannabis as defined in Chapter 893, Florida Statutes;

(2)

Was used in the purchase, attempt to purchase, sale, or attempt to sell such controlled substances or cannabis;

(3)

Was used to facilitate the commission of any act of prostitution, assignation or lewdness as defined in F.S. § 796.07; or

(4)

Was used to dump litter in any manner as prohibited in F.S. § 403.413(4) (1997), in an amount exceeding 15 pounds in weight or 27 cubic feet in volume, but not exceeding 500 pounds in weight or 100 cubic feet in volume and not for commercial purposes; or

(5)

Was used to dump litter as prohibited in F.S. § 403.413(4) (1997) in an amount exceeding 500 pounds in weight or 100 cubic feet in volume or in any quantity for commercial purposes, or dumps litter which is hazardous waste.

(b)

Upon seizing the motor vehicle, the police officer shall:

(1)

Provide for the towing of the vehicle pursuant to the city rotational wrecker system and all applicable towing procedures; and

(2)

Provide written notice of such seizure and impoundment to all persons whom the city knows, or with reasonable investigation should know, have a legal interest in the subject property. The written notice shall advise the persons of the following:

a.

The right to request a preliminary hearing pursuant to section 42-122 to contest the seizure and impoundment of the vehicle;

b.

The right to request a preliminary hearing pursuant to section 42-122 to contest the seizure and impoundment of the vehicle and immediately retrieve the vehicle from the towing facility upon the posting with the city of a cash bond in the amount of $500.00, plus towing and storage costs; or

c.

The right to waive the preliminary hearing and immediately retrieve the vehicle from the towing facility upon the payment of the $500.00 administrative penalty, plus towing and storage costs.

(c)

The required notices to be given pursuant to this section shall be provided by hand delivery at the time of the seizure and impoundment of the vehicle to the person in control of the vehicle and all other persons whom the city knows, or with reasonable investigation should know, have a legal interest in the subject property by certified mail, return receipt requested, within 48 hours of the time of the impoundment excluding Saturdays, Sundays, and legal holidays.

(d)

This section shall not apply and the vehicle shall not be seized or impounded if:

(1)

The possession, use or sale of the controlled substance and/or cannabis is authorized by F.S. ch. 893 or ch. 499;

(2)

The vehicle was reported stolen at the time that it is subject to seizure and impoundment;

(3)

The vehicle was operating as a common carrier at the time it was subject to seizure and impoundment;

(4)

A law enforcement agency has expressed its intent, in writing, to institute state forfeiture proceedings on the vehicle; or

(5)

The vehicle is rented from a company engaged in the business of renting vehicles.

(Ord. No. 11445, § 2, 2-20-97; Ord. No. 11592, § 1, 1-13-97; Ord. No. 11621, § 2, 3-10-98; Ord. No. 11700, § 2, 9-28-98; Ord. No. 13088, § 2, 9-24-09; Ord. No. 13146, § 2, 3-11-10)