CITY COUNCIL AGENDA ITEM
Memo Date: April 11, 2024
Agenda Date: April 23, 2024
Prepared By: Anthony Garganese, City Attorney
Through: Stockton Whitten, City Manager
Requested Action:
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Approve Ordinance on Second Reading updating Chapter 20, Traffic, Article III, Stopping, Standing and Parking, Division 2, Vehicle Impoundment of the City Code. End
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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., chapter 705, and located on public property may be impounded by a law enforcement officer in accordance with the procedures established by F.S., chapter 705.
e. When any vehicle parked on a public street or public property does not display a current valid license tag required by law for the particular vehicle.
2. Establishing a definition of vehicle consistent with Florida Statutes related to towing and impounding vehicles and vessels on private property:
a. “Vehicle” means any mobile item which normally uses wheels, whether motorized or not.
b. “Vessel” means every description of watercraft, barge, and airboat used or capable of being used as a means of transportation on water, other than a seaplane or a “documented vessel” as defined in s. 327.02.
3. Establishing requirements for towing signs on public property based substantially on the statutory requirements for towing vehicles on private property. As such, the sign required by the City Code must be prominently placed at each driveway access or curb cut allowing vehicular access to the property. If there are no curb cuts or access barriers, the signs must be posted not fewer than one sign for each 25 feet of lot frontage. The notice must clearly indicate the applicable parking restriction, and in not fewer than 2-inch high, light-reflective letters on a contrasting background, that unauthorized vehicles will be towed away at the owner's expense. The words “tow-away zone” must be included on the sign in not fewer than 4-inch high letters. The sign must also provide the name and current telephone number of the person or firm towing or removing the vehicle, or provide a statement that the vehicle impoundment location can be obtained by contacting the Cocoa Police Department at a current telephone number stated on the sign.
4. Clarifying that the charge for towing or impoundment and removal of any such vehicle from public property and storage charges shall be fixed by contractual arrangements between the City and private business firms for the towing and storage of impounded vehicles. The contracts and fees charged by such firms for the towing and storage of impounded vehicles shall be approved by the city manager.
5. Clarifying the notice requirements by law enforcement.
STRATEGIC PLAN CONNECTION:
Promoting the good and safe management and use of public property and streets for their intended purposes.
BUDGETARY IMPACT:
No direct budgetary impact with the exception that there will be a nominal cost to produce the towing signage required on public property when deemed necessary by the City traffic engineer.
PREVIOUS ACTION:
Based on the legislative history note on Municode, the Council has regulated vehicle impoundment on streets since at least 1963, and these regulations have been modified few times over the years. The proposed ordinance is an update to existing parking and impoundment regulations established by Council.
RECOMMENDED MOTION:
Recommendation
Approve Ordinance amending Chapter 20, Traffic, Article III, Stopping, Standing and Parking, Division 2, Vehicle Impoundment