§ 70-125. Procedure for immobilization of vehicles.

(a)

In addition to the enforcement mechanism provided for in section 70-124, where a person has the number of outstanding parking violations specified in F.S. § 316.1967, the city manager shall issue directions to all law enforcement officers and parking enforcement specialists directing immobilization of any motor vehicle registered to the person cited for parking violations. The directions shall specify the registration or tag number of the vehicle, the make or trade name of the vehicle, and, if known, the serial number of the vehicle.

(b)

Any law enforcement officer or parking enforcement specialist who comes into contact with an unoccupied motor vehicle parked on any street or highway, as such terms are defined in F.S. § 316.003(27) and (53), for which vehicle he reasonably believes there to be an outstanding immobilization order, may immobilize the vehicle in a manner prescribed in subsection (c) of this section.

(c)

Immobilization of vehicles pursuant to subsection (b) of this section shall be accomplished by means of a Denver boot or other nondestructive device which prevents the vehicle from moving under its own power. The police officer or parking enforcement specialist who causes the motor vehicle to be immobilized shall attach a notice to the motor vehicle advising the owner of the information necessary to enable the owner to have the immobilization device removed or to request a hearing. The notice shall be signed by the police officer or parking enforcement specialist and indicate his badge number. For a period of 48 hours from the immobilization, the owner of the vehicle shall not be liable for failure to comply with section 70-119.

(d)

A prompt and adequate postimmobilization hearing will be provided upon request to the owner of an immobilized motor vehicle by the city manager enabling the owner to contest the immobilization. In the course of this hearing, the burden will be on the city to prove the parking violations and the legality of the immobilization.

(e)

A motor vehicle which has been immobilized shall be released by the police department within 24 hours of the owner's compliance with the terms of the immobilization order and presentation of proof of such compliance to the agency which immobilized the vehicle.

(f)

If a vehicle is immobilized pursuant to this section and if within 24 hours thereafter the owner neither pays the appropriate fine nor requests a hearing and pays a deposit sufficient to cover such fine plus administrative charges, the vehicle may be removed from its location and impounded by the police department.

(Code 1986, § 63.182)