Florida and Miami Beach same laws for towing on abandoned vehicle?

[grego.gs]

Really? You left it there for "a few weeks" - would you really have noticed a 5 day notice any more than the 48 hour notice?

And yes, a car sitting with a flat tire for "a few weeks" would certainly appear to the casual bystander as "abandoned".

Yes because I noticed just the day after so I would have moved the car somewhere else. I was in process to sell it (sold now) and checked it almost everyday. Anyway this consideration isn't important because the law has to be respected. If the notice has to be 5 days in Florida then no one can tow the car before, that's it.

 

[HighwayMan]

Surely he's referring to FS 705.13

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0705/0705.html

Surely? Why don't you let the guy answer the question himself, instead of assuming?

 

[Ejay]

Grego,

Before we assume the tow was unlawful, I suggest you contact the agency which ordered the tow and seek the information you have a right to know which is: for what parking violation you are being cited for, what code your car was towed pursuant to and how you may go about contesting the parking violation and potentially the tow as well.

Thanks if they don't cooperate what are my possibilities please ? Anyway cities/counties ordinances are valid as long as they don't contradict the state laws right?

If the citing agency refuses to give you legible notice of the violation they are likely violating your right to due process. Be nice to them, they will tell you what happened and what code you were cited for, I doubt they will try and hide.

The FS statutes apply. The Miami Beach municipal coeds apply. The Dade County codes also apply unless it is explicitly stated in the municipal or county code that they do not.

HighwayMan,

Yea maybe I jumped the gun but if you read the law (FS and MBMC) you will find that there is only one section that refers to towing and 5 day notice. Regardless of whether or not it applies here, that is the code he must have been referring to.

Really? You left it there for "a few weeks" - would you really have noticed a 5 day notice any more than the 48 hour notice?

The OP is asking about the legality of the tow and how he can go about contesting it. He is asking about the letter of the law, not the spirit. Whether or not he would have noticed it is irrelevant.

 

[HighwayMan]

Regardless of whether or not it applies here, that is the code he must have been referring to.

It's better not to assume - there are plenty of really stupid people in the world who have no idea what they are talking about. Let posters answer the questions asked of them without putting words in their mouths.

 

[FlyingRon]

The point is well taken, if he was towed over the Dade County "Junked" vehicle parking ordinance, that would appear to not apply to Miami Beach (only unincorporated areas, Miami Beach is an incorporated city within the county). I was not able to find a similar ordinance in the city.

Oh well, absent some details, not much point in furhter conjecture.

 

[grego.gs]

Thank you all for your involvement. I am going to get more informations about the codes. The towing system is sometimes abusive in Miami Beach it's not new. I don't think we should let people abuse their authority when the law isn't respected. When people don't take action that's a reason for them to continue. If Florida prevails 5 days notice there is a reason. 2 days is short, there may be a lot of situation to not check your car for 2 days.

 

[FlyingRon]

You're not getting anywhere arguing that they don't have the authority to tow in less than five days. That statute (unless they invoked it to tow your car) is IRRELEVANT.

 

[Zigner]

Maybe I missed it...

Did we ever learn the actual law/ordinance/whatever that the OP was cited for and which led to the tow?

 

[quincy]

Maybe I missed it...

Did we ever learn the actual law/ordinance/whatever that the OP was cited for and which led to the tow?

No - but there is room for a 5th guess if you want to join in.

 

[Zigner]

I've been trying, but I can't find any rule related to a towing time frame for the OP's stated city. I figure maybe it's better to get it directly from the OP.

 

[FlyingRon]

He doesn't know himself, but is working to figure it out.

 

[grego.gs]

You're not getting anywhere arguing that they don't have the authority to tow in less than five days. That statute (unless they invoked it to tow your car) is IRRELEVANT.

Why would this statute be irrelevant ? Am I wrong saying that cities can make their own ordinances as long as they do not contradict state law ?

 

[quincy]

Have you located the necessary information yet?

 

[grego.gs]

I filled out the public records request form to receive the exact informations and codes. So I'm waiting and will receive them by email.
However, she told me it was about the 30-389 code of ordinances as abandoned vehicles.
I didn't see any ordinances about towing time frame for abandoned vehicles within Miami Beach or Miame Dade.
So Florida statute prevails ?

 

[Zigner]

FINALLY!

§ 30-389. Unlawful to wilfully abandon motor vehicles on the streets of the County; notice; presumptions

(a) It is unlawful for any person to wilfully abandon a motor vehicle upon the public streets and highways including shoulders of the road, within this County.
(b) In any prosecution under this section, proof that the defendant named in the complaint was at the time of such abandonment the registered owner of such vehicle, shall constitute in evidence a presumption that the registered owner of such vehicle was the person who abandoned such vehicle where and at the time when such violation occurred.
(c) The provisions of Sections 30-389.1, 30-389.2 and 30-389.3 shall apply to violations of this section.

(http://miamidade.fl.elaws.us/code/coor_ptiii_ch30_arti_sec30-389)

An inoperable vehicle parked for "weeks" in the same spot may very well be considered to be abandoned.​