§ 39.30. Removing, Impounding and Immobilization of Vehicles Bearing Outstanding Citations.

(1)

Any motor vehicle found parked at any time upon any street or in any off-street parking facility in the City of Orlando against which there is one (1) outstanding parking violation notice for parking in a space designated for parking for persons who have disabilities or three (3) or more outstanding parking violation notices for other parking violations, for which no hearing has been requested within the requisite time period, and for which a Notice of Summons has been mailed, may, by or under the direction of a parking enforcement specialist, be immobilized in such a manner as to prevent its operation. No such vehicle shall be immobilized by any means other than by the use of a device or other mechanism which will cause no damage to such vehicle unless it is moved while such device or mechanism is in place.

(2)

If, after contacting the appropriate state agency which acts as custodian of vehicle registration and license tag records for the state from which the license tag attached to the motor vehicle was issued, the Parking Bureau is unable to determine the motor vehicle owner's address, the motor vehicle may be immobilized in accordance with the provisions of the preceding subsection (1), except it shall not be necessary for the Parking Bureau to mail Notice of Summons before the motor vehicle may be immobilized.

(3)

It shall be the duty of the parking enforcement specialist immobilizing such motor vehicle, or under whose direction such vehicle is immobilized, to post on such vehicle, in a conspicuous place, notice sufficient to inform the owner or operator of the vehicle that:

(a)

such vehicle has been immobilized pursuant to and by the authority of Section 39.30 of the Orlando City Code; and

(b)

the owner of such immobilized vehicle, or other duly authorized person, shall be permitted to repossess or to secure the release of the vehicle upon compliance with either of the following alternative procedures:

(i)

payment to the Parking Bureau of the City of Orlando of the applicable fee for removal of the immobilization device listed in Section 39.68 of this Code and all civil penalties for outstanding parking violation notices; or

(ii)

posting with the Parking Bureau of the City of Orlando of a cash or surety bond or other adequate security equal to the amount of the applicable fee listed in Section 39.68 of this Code. If, during the hearing on the outstanding parking violation notices which necessitated the immobilization of the vehicle, the City prevails on any or all of the outstanding violations, the cash or surety bond shall be forfeited to the City of Orlando.

(4)

It shall be unlawful for anyone, except those persons authorized by the Parking Bureau Chief, to remove or attempt to remove, tamper with, or in any way damage or alter the immobilization device.

(5)

Any vehicle immobilized pursuant to Sections 39.14 and 39.30 shall be subject to impoundment as authorized by Section 39.29 of the City Code.

(Ord. of 10-21-2002, § 8, Doc. #021021706)