HomeMy WebLinkAboutO-2000-048 ORDINANCE NO. 2000-048
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING ARTICLE VI OF CHAPTER 20 OF THE
CITY CODE OF ORDINANCES, WHICH ARTICLE IS ENTITLED
"VEHICLES USED TO FACILITATE CERTAIN CRIMES"; PROVIDING FOR
AN INCREASE IN THE TIMES WITHIN WHICH NOTICES ARE TO BE
ISSUED AND OBSERVED IN CONNECTION WITH THE IMPOUNDMENT
PROCESS; PROVIDING FOR CLARIFICATION OF THE BURDEN OF
PROOF IN ADMINISTRATIVE HEARINGS; PROVIDING FOR VARIOUS
CLARIFICATIONS; PROVIDING FOR CONFLICTS; PROVIDING A
SEVERANCE CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, THAT:
Section 1: Certain provisions of Article VI of Chapter 20 of the Dania Beach Code
of Ordinances are amended to read as follows:
ARTICLE VI. VEHICLES USED TO FACILITATE CERTAIN CRIMES
Sec. 20-78. Notice.
1. Upon seizing a motor vehicle pursuant to Sec. 20-76, the law
enforcement officer shall notify in writing the person in control of the motor
vehicle and the City shall notify in writing the person determined to be the
owner of the motor vehicle (if the person determined to be the owner of the
motor vehicle is different from the person in control of the motor vehicle)that
the motor vehicle has been seized and impounded and that the person
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determined to be the owner of the motor vehicle at the time of the seizure
has the right to request a preliminary hearing pursuant to Sec. 20-80.
2. The notice to be given pursuant to subsection 1 of Sec. 20-78
shall be provided by hand delivery at the time of the seizure and
impoundment of the vehicle to the owner of the motor vehicle, or if the owner
of the motor vehicle is not available to receive such notice, then notice shall
be provided by certified mail return receipt requested within 2^_ hours five 5
days of the time of impoundment, excluding Saturdays, Sundays and Iega-I
holidays observed by the City.
Sec. 20-80. Preliminary Hearing.
(a) If the owner of the motor vehicle whose motor vehicle has been
seized and impounded pursuant to Sec. 20-76, or his or her agent or
authorized representative, makes a written request for a preliminary hearing
within thr�five 5 days of receiving notice of entitlement to a preliminary
hearing pursuant to Section 20-78, then within forty eight (48)ninety-six(96)
hours .of receipt by the City of the written request, excluding Saturdays,
Sundays and legal-holidays observed by the City, a preliminary hearing shall
be held before a Special Master written notice of which shall be given by the
•
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. City (date, time and location) to the owner by hand delivery, facsimile
transmission or overnight mail delivery.
(b) At the preliminary hearing the City shall have the burden to
show that (1) there was probable cause to seize and impound the motor
vehicle under Section 20-76 (2) that none of the exceptions set forth in
Section 20-79 apply; and (3)that the person in control of the motor vehicle at
the time of seizure was the owner of the motor vehicle or the owner knew or
had reason to know that the motor vehicle would be used in a manner which
would subject it to seizure and impoundment under Section 20-76. The
formal rules of evidence shall not apply at the hearing and hearsay evidence
is admissible.
(c) If after the preliminary hearing the Special Master determines
concludes that there was probable cause to seize and impound the motor
vehicle under Sec. 20-76, that none of the exceptions set forth in Section
20-79 apply, and that the person in control of the motor vehicle at the time of
seizure was the owner of the motor vehicle or the owner knew or had reason
to know that the motor vehicle would be used in a manner which would
subject it to seizure and impoundment under Section 20-76, the Special
Master shall order the continued impoundment of the motor vehicle unless:
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• (a1) The vehicle owner or his or her agent or authorized
representative pays the City an administrative civil peGa4y fee of $500.00
plus and pays the accumulated towing and storage costs to the towing and
storage entity or (b2) posts with the City a Gas# bond (payable in cash, by
cashier's or certified check or money order) in the amount of $500.00 plus
and pays the accumulated costs of towing and storing the motor vehicle to
the towing and storage entity.
(d) If after the preliminary hearing the Special Master�+e+�i^es
concludes that there was not probable cause to seize and impound the motor
vehicle under Sec. 20-76, or that one of the exceptions provided in Section
• 20-79 apply, or the PerSen in Gentrol of he-motes veh�vGle as
pp Y, the-time-of,
seizure was that the owner of the motor vehicle or kReW OF did not know
or have reason to know that the motor vehicle would be used in a manner
which would subject it to seizure and impoundment under Section 20-76,
then the Special Master shall order the City to release the motor vehicle
forthwith to the owner of the motor vehicle or his or her agent or authorized
representative without the imposition of pena#ies costs or fees.
Sec. 20-81. Final Hearing.
(a) Within five (5) days of the date that a motor vehicle is seized
and impounded pursuant to Section 20-76, excluding Saturdays, Sundays
and holidays observed by the City whether or not a preliminary hearing is
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requested, the City shall notify (by certified mail, return receipt requested)the
owner of the motor vehicle w",tee—m-ter vehiGle hasbeen seized and
+mpee of the date, time and location of a final
hearing to be conducted pursuant to this Sec. 20-81. The final hearing shall
be scheduled and held, unless waived by the owner of the motor vehicle or
continued by order of the Special Master, no later than 30 forty-five (45)days
after the date that the vehicle was seized and impounded pursuant to Sec.
20-76.
(b) At the final hearing, the City shall have the burden to show by
a preponderance of the evidence that, at the time it was
seized and impounded, the motor vehicle:
(a1) ncontained a controlled substance or cannabis as
defined in Chapter 893 of the Florida Statutes; or
(�2) Wwas used in the purchase, attempt to purchase, sale,
or attempt to sell a controlled substance or cannabis; or
(a3) Wwas used to facilitate the commission of an act of
prostitution, assignation or lewdness as defined in Section 796.07 of the
• Florida Statutes.
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The formal rules of evidence will not apply at the final hearing.
Hearsay evidence will not, standing alone, constitute
sufficient evidence that the motor vehicle was properly seized and
impounded.
(c) If after the final hearing the Special Master dots
concludes that the City showed by Glear and GGRViRGiRg a preponderance of
the evidence that the motor vehicle was subject to seizure and impoundment
pursuant to Section 20-76, and that none of the exceptions set forth in
Section 20-79 apply, and that the person in control of the motor vehicle at
the time of seizure was either the owner of the motor vehicle or the owner
knew or had reason to know that the motor vehicle would be used in a
manner which would subject it to seizure and impoundment under Section
20-76, then the Special Master shall enter an order finding the owner of the
motor vehicle civilly liable to the City for an administrative peRafty fee of
$500.00, plus and providing for payment of towing and storage costs to the
towing and storage entity.
(d) If after the final hearing the Special Master determines that the
City did not show by Glear and GG Rvi nGtiPg_q_preponderance of the evidence
that the motor vehicle was subject to seizure and impoundment pursuant to
Section 20-76, or that one or more of the exceptions set forth in Section 20-
79 apply, or the person in control of the motor vehicle at the time of seizure
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• was the owner of the motor vehicle or that the owner knew or had reason to
know that the motor vehicle would be used in a manner which would subject
it to seizure and impoundment under Section 20-76, then the Special Master
shall order the City to release the motor vehicle forthwith to the owner of the
motor vehicle or his or her agent or authorized representative, without the
imposition of penalties costs or fees, along with any cash bond posted.
Sec. 20-82. Administrative Dn Fee
If the Special Master enters an order finding the owner of the motor
vehicle civilly liable to the City for an administrative penalty fee and
responsible for payment of the towing and storage costs to the towing and
storage entity, such administrative pepa4 fee and towing and storage costs
shall constitute a debt due and owing to the City and to the towing and
storage entity, respectively. The obligation of the owner of the motor vehicle
to pay such debt to the City shall be independent of the Gity's-return or
release of the vehicle by the towing and storage entity. If a cash bond has
been posted pursuant to Sec. 20-80(3)(b), the bond shall be applied towards
payment of the administrative penafty fee.
Sec. 20-84. Return of Vehicle
1. An impounded motor vehicle shall be returned to its owner
to the perSGR who is legally eRtitled to possess the , upon payment of
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• the administrative penalty fee to the City and towing and storage fees to the
Oify towing and storage entity, unless the motor vehicle has been sold, or
otherwise disposed of to satisfy an order of the Special Master, pursuant to
Section 20-85.
2. If the owner of the motor vehicle or the City appeals an order of
the Special Master under Section 162.11, Florida Statutes, an impounded
motor vehicle shall be returned to its owner, or+„ the persn_n ,e,he is legally
entitlod to nnssess it, pending the outcome of the appeal.
Sec. 20-85. Unclaimed Vehicles
Any motor vehicle that is not reclaimed within sixty 60) days from the
date of the order of the Special Master subjecting the owner of the motor
vehicle to an administrative civil per lty fee of$500.00 pursuant to Section
20-81 shall become unclaimed evidence pursuant to Section 705.101(6) of
the Florida Statutes. Such unclaimed motor vehicle shall then be disposed
of by the City pursuant to Section 705.105 of the Florida Statutes.
Sec. 20-86. Definitions
(a) Motor Vehicle. When used in this Article VI the wafd term
"motor vehicle" shall mean an automobile, motorcycle, truck, trailer, semi-
trailer, tractor or any other vehicle powered by motor.
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•
(b) Special Master. When used in this Article VI the word term
"Special Master" shall mean toe. any Special Master designated by the City
pursuant to Section 162.03 of the Florida Statutes to hold hearings and
acseSs assess fines under this Article VI.
(c) Owner of the Motor Vehicle. When used in this Article VI the
wsrd term "downer of the Mmotor Vvehicle" or "the owner" shall mean the
person or persons legally entitled to possession of the motor vehicle ;
whether Gr nn+ registered eF titie d by virtue of vehicle registration or a lease
issued in the name of such person or persons at the time of seizure and
•
impoundment under Section 20-76, including all co-owners.
Section 2. If any section, clause, sentence or phrase of this ordinance is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this ordinance.
Section 3. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are repealed.
Section 4. This ordinance shall take effect immediately at the time of its passage.
,PASSED AND ADOPTED on first reading on November 14th , 2000.
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PASSED AND ADOPTED on second reading on November 28" , 2000. f
I
ATTEST: APPROVED:
9HERYL C14APMAN C.K. MCEL%EA
ACTING CITY CLERK MAYOR-COMMISSIONER
ROLL CALL:
MAYOR MCELYEA- YES
VICE-MAYOR BERTINO-YES
COMMISSIONER CALI-YES
COMMISSIONER ETLING-YES
COMMISSIONER MIKES-YES
APPROVED AS TO FORM AND
CORRECTN SS:
n,
THOM�S AN�BRO
CITY ATTORNEY
- 10 - ORDINANCE NO. 2000-048
SUN - SENTINEL
PUBLISHED DAILY
FORT LAUDERDALE, BROWARD COUNTY, FLORIDA
BOCA RATON, PALM BEACH COUNTY, FLORIDA
MIAMI, MIAMI DADE COUNTY, FLORIDA NOTICE OF HEAHIHV
',','BEFORE CITY COMMISSION
CITY OF"DANIA BEACH FLORIDA REGARDING
ADOPTION OF THE FOLLbWING PRdPOSED pRDI-
INANCES:
STATE OF FLORIDA NOTICE IS HEREBY GIVEN that the City'Commission
of the City of Dania Beach, Florida,on November 28,
COUNTY OF BROWARD/P M BEACH/MIAMI DADE 2000 at 7 30 PM or as soon thereafter oven matter
be BEFORE U ED AUTHORITY, PERSONALLY APPEARED Comm ssionheard,
�ooim ofll the he Daniaduct a bBeach City Hall 10
West Dania Beach Boulevard,Dania Beach,Florida too consider the proposed adoption of the following Ordi-
WHO, ON OATH, SAYS THAT nances entitled:
HE E I ULY AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED THENCITY OF DANIA BEACH,FLORIDA HECITY MAMENDING
ARTICLE VI OF CHAPTER"20 OPTHE:CI`rY:.CODE OF
D AND OBSERVED
D ARTMENT OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED ORDINANCES
UStE WHICH ACILI RATE CE IS RTAIN CRIMEED BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT PROVIDING FOR AN INCREASE IN THE TIMES WITHIIJ
ATTACHED COPY OF ADVERTISEMENT, BEING A: IN"CONNEc CONCES NECTION IMPOUNDMENTH�TBHES PRO-
CESS; PROVIDING FOR CLARIFICATION OF-THE
PROVIDING GEN F ORV VARF IN IOUS ADMINISTRATIVE
HEARINGS-
NOTICE & R -
VIDING FOR CONFLICTS;PROVIDING A SEVEAANCE
CLAUSE;FURTHERTE. ,PROVIDING�. R'AN EFFECTIVE
IN THE MATTER OF: FLORIDA .O �AAA ND NGT CEtIAPTERFFT3bINI! ,N�ENS)TLCED
NANCES'ON TAND HE CITY B'CREPLAC NGDTHE BERM
Chapter 20 'iEALTH`OFFICER'WITlI CODE OFFICE9,1.fSEOTION
13-22)•'REPLACING'37Ht>TERM"$'CITYrMANiAGaER'
WITH;tHE PERM-CODE'OFFICER'•(SECTION 12123b)
IN THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN THE RDCORD`A�SUBCE TION O'( AL PROVIDE CITFORY
ISSUES OF: A PRIORITY
COT ON TO`LIENSEGTIOSN 18i32,`,TW'AU`fHORIZE
THE PITY TO FORECLOSE•UPON PUBLIC^iNORKS,LI-
ENS PLACED UPON'PROPERTY FORyIOLATIONS OF
11/17,1 10127478 CHAPTER.13 PROVIDING FOR CONFLICTS PROVID-'
1ING FOR SEVERABILI Y FURTr�ER, NG OR
AN EFFECTIVEDATE +, r ,y
�A opy�frthese prdposed Ord nn ri e are on file in
AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSP the. ffice dt,Admipis rative Services:;City Hail;-too
W@st Dama;BeaGh.Boulevard Dania Beach Foorida
PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FL and maybe Inspected by the pubiic;:durmg nprmaf
Working flours
AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUO 1�tbrested arty a "pL �`F° 5
P y ppearV the aforesaid meek=
i" PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FL V,,rs1n ho'decrd,with respect to he;proposed)Any
person yvho,decldgs p appeal ny decision made by the
EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT CItyG,h rrlisswnwrtti especttoanymat;teeconsidered
ats his earn►gywlllit ed-a,record'of+the.p r' clings
POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FLOlandj0r such`purposemayneedtoensurethata;irerba-
tim�`i ecord ot,the proceedings]s�nede ygltich record in-
FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATI Gudes the testimpny,gnd ev encede,:w hi h or a
peal isso pe' aced�F s P-
ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS Iri ccordi nce ith the A :erican yith s bili6es
Act;-'persons-hee g:asslstanpe to participate In any of HE/SHE HAS NEITHER PAID, NOR PROMISED,ANY PERSON, FIRM, OR the.�pfoceedingssh'ould contadt$he I�haphtan'n
CORPORATION,ANY DISCOUNT, REBATE,COMMISSION,OR REFUND, in it'CrtyClej, t00 West Dania beach-ouleva>d' ania
8each�.lorlda3300:,'"9 4,9 4- 3,0" tlea't4� ',urs
PURPOSE F SE THIS ADVERTISEMENT FOR PUBLICATION IN RrlorYo theYlteetifig
/s'f,ChaTrleneidohnsofi.
NEWSP NDo emtiert '
7W0N.:
E OF AFFIANT)
RN TO AND SUBSCRIBED BEFORE ME
E 17-November-2000 , A.D.
(SIGNA URE OF NOTARY PUBLIC)
i ara L.Bezak
MY COMMISSION A CC638935 EXPIRES
July 20.2001
BONDED THRU TROY FAIN INSURANCE,INC.
(NAME OF NOTARY,TYPED, PRINTED OR OR STAMPED)
PERSONALLY KNOWN OR
PRODUCED IDENTIFICATION