Legislation Details

File #: 24-061    Version: 1 Name:
Type: Ordinance Status: Agenda Ready
File created: 1/31/2024 In control: City Council
On agenda: 2/13/2024 Final action:
Title: Approve Ordinance on First Reading updating Chapter 20, Traffic, Article III, Stopping, Standing and Parking, Division 2, Vehicle Impoundment of the City Code.
Attachments: 1. Ordinance __-2024 _ Impoundment of Illegally Parked Vehicles v.2.pdf, 2. Business Impact Estimate Cocoa (Ordinance XX-2024).pdf
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CITY COUNCIL AGENDA ITEM

Memo Date: January 31, 2024
Agenda Date: February 13, 2024
Prepared By: Anthony Garganese, City Attorney
Through: Stockton Whitten, City Manager
Requested Action:
title
Approve Ordinance on First Reading updating Chapter 20, Traffic, Article III, Stopping, Standing and Parking, Division 2, Vehicle Impoundment of the City Code.
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BACKGROUND:

Chapter 20, Traffic, Article III, Stopping, Standing and Parking, Division 2, Vehicle Impoundment, regulates the circumstances under which the police department is authorized to remove a vehicle from the street and impound said vehicle. City staff desires to install no overnight parking and towing signs at Lee Wenner Park. Based on the review of existing Florida Statutes and the City Code, the City Attorney recommended that the City Code be amended to address Staff's primary objective and update several related provisions of Chapter 20, Traffic, Article III, Stopping, Standing and Parking, Division 2, Vehicle Impoundment.

The proposed revisions to the City Code include:

1. Adding several circumstances when law enforcement can tow and impound vehicles on public streets and property:

a. When any vehicle remains parked on a public street when such parking is prohibited by law or in violation of an official sign or an official traffic control device authorized to be installed or posted on the public street by the traffic engineer.
b. When any vehicle remains parked on public property during times when such parking is prohibited by an official sign or official traffic control device authorized to be installed or posted on the public property by the traffic engineer.
c. When any law enforcement officer reasonably believes that an unoccupied vehicle parked on a public street or public property is subject to five (5) or more unpaid recorded parking citations.
d. When any law enforcement officer determines a vehicle is abandoned as that term is defined by F.S., c...

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