34988504.pdf

\n\n--- Page 1 ---\n\nGAINESVILLE POLICE DEPARTMENT GENERAL ORDER TITLE ACCREDITATION Illegally Parked / Abandoned Vehicle CALEA 61.4.3 Procedures PRIOR REVISIONS 12/1/1998; 6/23/1999; PROPONENT UNIT 1/21/2002 Patrol Support Bureau ATTACHMENT: None NUMBER ISSUE DATE REVISION DATE TOTAL PAGES 61.9 7/1/1998 01/13/2020 4 I. PURPOSE: This Order establishes procedures for noticing and citing non-city vehicles that are illegally parked, dangerous, and/or abandoned. II. POLICE: When necessary to ensure public safety, the Gainesville Police Department shall cite and/or tow vehicles in accordance with this Order, and pursuant to City Ordinance provisions in Article III, Division 5, Chapters 26-136 through 26-141, as well as other pertinent parts, to ensure proper classification and action. III. DEFINITIONS: A. Abandoned Vehicle: A vehicle which appears to be incapable, under its own power, of safe operation upon a public street; and/or any vehicle not having a current vehicle registration tag properly attached. B. Dangerous Vehicle: A vehicle that presents or poses a danger to the public or the vehicle itself by reason of its location or condition (e.g., obstructing vehicular or pedestrian traffic; containing broken glass; leaking flammable liquids, etc.). C. City Property: Any property owned by the City, including all streets, parking lots and rights-of-way. D. Private Property: Property owned by an individual, corporation or other entity (not the City) onto which the general public is not openly invited. E. Quasi-Public Property: Private property onto which the general public is invited (includes parking lots such as those at the Oaks Mall and Wal-Mart, but does NOT include private doctors’ office parking lots, for example). IV. PROCEDURE: A. Illegally Parked Vehicles-Public / Quasi-Public Property: [CALEA 61.4.3.b]\n\n--- Page 2 ---\n\nGAINESVILLE POLICE DEPARTMENT 1. Parking Citations: i. Members may issue citations to vehicles illegally parked on a city street, city right-of-way, thoroughfare, or other location where the public has a right to travel (e.g., parking lot) by motor vehicle. ii. City Ordinance 26-47 allows members to issue parking citations for violations of certain State statutes and municipal codes. 2. Uniform Traffic Citations: Although uncommon, pursuant to Florida Statute 316.1945, members may issue Uniform Traffic Citations to attended vehicles for certain parking violations. (Uniform traffic citations must be issued to a person [the driver]). 3. Towing: When permitted by ordinance (26-53) for parking violations, a member may have an illegally parked vehicle towed from public or quasi-public property [See also G.O. 84.2]. i. Unless the vehicle is posing an immediate danger, the member should: a Attempt to contact the owner prior to towing. b Only tow vehicles posing a hazard as a last resort from quasi-public property; normally, the property owners or their agent should initiate the tow. B. Illegally Parked Vehicles on Private Property: Department members shall not issue a parking citation to a vehicle that is parked on private property. See Section IV.F of this order for information regarding towing. [CALEA 61.4.3.b] C. Dangerous Vehicles: Members may have a dangerous vehicle immediately towed from public or private property. [CALEA 61.4.3.a] 1. City Ordinance 26-139(b) states “The vehicle shall be immediately repaired or removed by either the owner or the city so as to eliminate the danger, and, if necessary, the vehicle may be impounded without prior notice of such impoundment and imposition of costs.” 2. Vehicles on private property not requiring immediate removal shall be referred to Code Enforcement (352) 334-5030. D. Abandoned vs. Illegally Parked Vehicles: A vehicle parked for 72 hours without being moved does not automatically make it an abandoned vehicle. 1. Vehicle Parked In Excess of 72 Hours On Street: If a vehicle has been parked on a public street for more than 72 hours without being moved, you may issue a citation 2\n\n--- Page 3 ---\n\nGAINESVILLE POLICE DEPARTMENT under City Ordinance Sec. 26-47(b)(3). The time a vehicle has been parked normally will be measured by the position of the valve stem of the tire. Chalking tires is no longer allowed. 2. Parking On A Public Right Of Way: If a vehicle has been parked on a public right- of-way, for longer than 72 hours, you may issue a citation under City Ordinance Sec. 26-47(a)(1)k. 3. Vehicles Left for Excessive Periods: i. Vehicles cited after the 72 hours and which continued to remain unmoved for excessive periods, and which do not meet the criteria to be classified as abandoned may only be re-ticketed every 72 hours. ii. Members shall continue to conduct periodic VIN and license checks to ensure subsequent stolen / wanted reports have not been filed regarding the vehicle. E. Abandoned Vehicles: Except in unusual circumstances (i.e. Roadway hazard), the administrative responsibility for noticing owners of, tracking, and keeping accurate records of abandoned vehicles shall rest with the City of Gainesville Code Enforcement. F. Towing [See also General Order 84.2]: Department members shall ensure that the requirements of applicable ordinances and statutes, as well as of this Order, are met before ordering a tow of any vehicle. 1. Public Property: City Ordinance 26-136 authorizes members to tow dangerous vehicles from public property. Abandoned vehicles shall be handled by Code Enforcement. 2. Private Property: i. Department-Initiated Tows: Department members shall not tow vehicles from private property unless: a The vehicle is stolen, evidence, instrumentality of a crime, etc. b The vehicle is determined to be dangerous and immediate removal is indicated. NOTE: Code Enforcement will follow up on abandoned or dangerous vehicles when circumstances indicate that notice is required. ii. Owner-Initiated Tows: A property owner may contact a towing service of his/her choice to remove a vehicle from his/her private property. iii. Member Responsibility for Non-Tows: If the vehicle is not towed, members shall 3\n\n--- Page 4 ---\n\nGAINESVILLE POLICE DEPARTMENT a Conducting a Check: 1) Conduct a vehicle registration and wanted inquiry to ensure the vehicle is not stolen or connected to a crime. 2) Members may ask the complainant if he/she is familiar with the registered owner’s name(s) but may not provide other registration information. b Referral to Code Enforcement: Refer abandoned vehicles on private property to Code Enforcement. 3. Documentation: [CALEA 61.4.3.c] i. Tow Report: A Tow Report will be completed by the Department member ordering a tow. See G.O. 84.2. ii. Tow (Billing) Receipts: The Department member ordering the tow shall sign the tow receipt (supplied by the wrecker personnel), and write the case report number on it. A copy of the tow report will be given to the wrecker personnel. iii. Citations: The defendant’s copy of any citation(s) issued shall also be attached to the defendant’s car. _________________________ By Order of Signed Original on File in the Accreditation Unit __________________________ Tony R. Jones Chief of Police 4