§ 2-104. Impoundment of motor vehicles; controlled substances prostitution, driving under the influence, habitual offender, and driving with permanently revoked license.

(a)

A motor vehicle shall be subject to seizure and impoundment whenever a police officer has probable cause that the vehicle:

(1)

Contains any controlled substance or cannabis as defined in chapter 893, Florida Statutes; or

(2)

Was used in the purchase, attempt to purchase, sale, or attempt to sell such controlled substance or cannabis; or

(3)

Was used to facilitate the commission of an act of prostitution, assignation, or lewdness as defined in and pursuant to section 796.07, Florida Statutes.

(4)

Was being operated by a person driving under the influence as defined in section 316.193, Florida Statutes; or

(5)

Was being operated by a person whose driver's license has been revoked pursuant to section 322.264, Florida Statutes, (habitual offender), as defined in section 322.34(5), Florida Statutes; or

(6)

Was being operated by a person whose driver's license or driving privilege has been permanently revoked as defined in section 322.341, Florida Statutes.

(b)

Upon seizing the motor vehicle, the police officer shall:

(1)

Provide for the towing of the vehicle to a city-owned or city-controlled facility, or to a facility controlled by the city's towing agent; and

(2)

Notify in writing the person determined to be the owner of the vehicle and any person who is found to be in control of the vehicle at the time of the seizure of the fact of the seizure and impoundment of the vehicle as well as of the right to reclaim the vehicle pursuant to section 2-105 and to request a preliminary hearing pursuant to section 2-106.

(c)

The notices to be given pursuant to this section shall be provided by hand delivery at the time of the seizure and impoundment of the vehicle, except if the vehicle owner is not available to receive such notice, or except if neither the vehicle owner nor the person in control of the vehicle at the time of its seizure is available to receive such notice, then notice shall be provided to the vehicle owner by certified mail return receipt requested within forty-eight (48) hours of the time of impoundment excluding Saturdays, Sundays and legal holidays.

(d)

This section shall not apply and the vehicle shall not be seized or impounded if:

(1)

The possession, use or sale of the controlled substance and/or cannabis is authorized by chapter 499 or chapter 893, Florida Statutes; or

(2)

The vehicle was stolen at the time that it was subject to seizure and impoundment; or

(3)

The vehicle was operating as a common carrier at the time it was subject to seizure and impoundment; or

(4)

A law enforcement agency has expressed its intent in writing to institute forfeiture proceedings on the vehicle.

(Ord. No. 97-9, § 1, 5-6-97; Ord. No. 2001-2, § 1, 2-20-01)