Fort Walton Beach Ordinance — 519--Abandoned Vehicles — reading text

ORDINANCE NO. ~/' f AN ORDINANCE PROHIBITING ABANDONMENT OF VEHICLES; RESTRICTING THE DISPOSITION OR KEEPING OF WRECKED, NON- OPERATING, OR DISCARDED VEHICLES ON STREETS OR PRIVATE PROPERTY: PROVIDING FOR IMPOUNDING OF CERTAIN VEHICLES: AND IMPOSING PENALTIES, PROVIDING THE EFFECTIVE DATE THEREOF. WHEREAS, in the City of Fort Walton Beach vehicles are, or may be in the future, abandoned in the streets and other places within the City; and WHEREAS, there are, or may be in the future, dismantled, partially dismantled, wrecked, junked, non- operating or discarded vehicles left about the City other than in City approved junk yards or other appropriate places, and WHEREAS, such conditions tend to impede traffic in the streets or interfere with the enjoyment of and red'J.ce the value of private property ; invite plundering; create fire hazards and other safety and health hazards to children as well as adults; interfere with the comfort and well being of the public; and create, extend, and aggravate urban blight; and WHEREAS, adequate protection of the public health, safety and welfare requires that such conditions be regulated, abated, or prohibited: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA SECTION I The following definitions shall apply in the interpretation and enforcement of this Ordinance: 1) " Person'! shall mean any person, firm, partnership, association, corporation, company, or organization of any kind. Whenever the context so requires, it shall include any combination of the foregoing and ~ he plural if more than one would be applicable. 2) " Police Department" shall mean the Police Department of the City of Fort Walton Beach. J) " Property" shall mean any real property within the City which is not a street or highway and shall include both public and privately- owned lands. 4) " Street!! or " Highway" shall mean the entire width between the boundary lines of every publicly dedicated or publicly- owned right- of- way within the municipal limits of the City of Fort Walton Beach, Florida. 5) " Vehicle" shall mean a machine propelled by power other than human power, designed to travel along the ground by use of wheels, treads, runners or slides and transport persons or property or pull machinery, and shall include without limitation, automobile, truck, trailer, motorcycle, tractor, buggy and wagon. Said terms shall also include such machines or parts of machines that are non- operating, wrecked, junked or partially dismantled. SECTION II - Abandonment of Vehicles It shall be unlawful for any person to keep, dump, store, abandon, place or maintain any partially dismantled, wrecked, derelict vehicle street highway within the junked or on any or property for longer than seventy- two ( 72) hours City or upon any unless: a) The same shall be within an enclosed - ouilding upon such property, or b) Shall be upon the premises of a business enterprise lawfully situated and licensed when necessary to the operation of such business enterprise, or c) In storage places maintained by the City as a depository for such vehicles. SECTION III - Seizure, impoundi~ d : 3torage of vehicle s, bicycles or other personal property - Grounds The Police Department shall seize, impound and store any vehicle, bicycle, or other personal property when the same: to be abandoned street or high'way of a) Appears on any other public place of the City; or b) Is stolen property and the owner cannot be promptly found who claims the smne; or Is street or highway other c) illegally parked on any than an overtime violation in a designated parking space; or d) Is parked on the streets at night in violation of the ordinances of the City; or e) Is a derelict or junk vehicle on any property except where authorized by the Provisions of Section II of this article. SECTION IV - Penalties for violation of article. violating the provisions of this article shall, Any person upon conviction thereof, be fined not more than five hundred dollars ($ 500. 00) or imprisoned not more than sixty ( 60) days, both. Each such violation continues shall be considered or day The tenant of building, structure, a separate offense. owner or any architect, builder, contractor, premises, or part thereof, or any participates in, assi st s in, agent or other person who permit s, or maintains such violation, may be found guilty of a separate offense and suffer the penalties herein provided. Provided, however, if the firm or corporation receiving the notice person, titled " Notification to owner and lienholders" and provided for in subsection VI of this ordinance, executes an agreement in a t_ I' form similar to that attached to this section, the City will arrange for the removal of the vehicle for the party or parties receiving said notice, and no warrant for arrest will be issued. The cost for such removal shall be the minimwTI cost available to the City for such removal at the time and shall be paid to the City by the party or parties at the time of executing such agreement. Agreement - Know all men by these present s, that in consideration of an offer by the City of Fort Walton Beach, Florida, to remove the hereinafter described automobile from certain premises in the City, the undersigned ' vvarrant s ( that he is the owner of the vehicle) , ( that he is the OVlner or occupant of the property where the vehicle is located) and hereby grants bargains, sell s, transfers, and delivers unto the City of Fort Walton Beach, Florida, the following described: AUTOMOBILE: Dated day of 19_ this________ WITNESSES: Owner/ Seller/ Occupant SECTION V - Fees for towing and storing vehicles. The following fees shall be charged for the towing and storage of vehicles by the Police Department: a) ($ 15. 00) when such vehicle is towed from a place within