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

[Ejay]

No. A legal parking spot, by definition, is not part of the roadway.

In just about every state including FL:

Roadway - The actual traveled portion of the road, not including the shoulders and parking spots.

Highway - Also referred to as "street" this is the entire paved area from curb to curb which is used by vehicles . This does include parking spots adjacent to the roadway and also bike lanes.

Many states have very strict towing laws if a vehicle is within the roadway as it creates an immediate hazard and disrupts the normal flow of traffic. Grego's vehicle was not in the roadway.

Grego,

You need to determine, from the agency that ordered it, why you were towed. They will tell you, I am sure of it. From there we can determine if it was lawful. It is a waste of time, and frankly quite confusing, to speculate as there are dozens of laws that could potentially warrant a tow.

 

[Zigner]

No. A legal parking spot, by definition, is not part of the roadway.

(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.

I was using roadway in the general sense. In this case, I should have used highway.

 

[Ejay]

Got it.

Regardless that section pertains only to the parking violation and on it's own doesn't warrant the tow. Even if it did or some other section does speculating how Grego could go about defending it, without knowing for certain which section he is defending, is silly.

 

[FlyingRon]

705.103 of the state code lets them tow abandoned vehicles after five days. However, this was not used as the basis to tow his vehicle, so it is irrelevant. The question is whether MB could tow a car parked in violation of the ordinance that he was cited for. I suspect the answer is yes, because they did. He can certainly go to court and try to fight it and make them justify the authority, but I don't see anything in the state/county/city ordinances that say they can't.

 

[grego.gs]

Here is the sticker left on my car. The problems are the dates because I checked the car after those 2 dates and I'm pretty sure it wasn't there. Furthermore, I find that suspicious last time she knew the codes of the ordinance while I was filling out the request. I wanted it printed out but I got nothing. Finally, my car got towed the 25th, wasn't it supposed to be the 17th as noticed on the removal order date section ? It's getting difficult for me now. Hard to prove, I'm going to appear crazy.

 

[Ejay]

I believe you have your vehicle was impounded pursuant to Dade County Code 30.384 (a) 3.

(a)  Police officers or such other employees as may be designated by the County Manager are authorized to remove a vehicle to the nearest garage or other place of safety, or to a garage designated or maintained by the County or by a municipality under the circumstances hereinafter enumerated.

(1)  When any vehicle is left unattended upon any bridge, causeway, or viaduct, or where such vehicle constituted an obstruction to traffic.​

(2)  When a vehicle upon a street is so disabled as to constitute an obstruction to traffic, or the person or persons in charge of the vehicle are by reason of physical injury incapacitated to such an extent as to be unable to provide for its custody and removal.​

(3)  When a vehicle is found upon the streets or the public right-of-way and is not in proper condition to be driven.​

(4)  When any vehicle is left unattended upon a street and is so parked illegally as to constitute a definite hazard or obstruction to the normal movement of traffic.​

(5)  Where such vehicle has been parked or stored on the public right-of-way for a period exceeding forty-eight (48) hours, in other than designated parking areas, and is within thirty (30) feet of the pavement edge....​

That would be the agency's best bet, that being said you have the right to know why your vehicle was towed and you have the right to contest the stated reasoning. That notice does not say why you were towed unless you were towed pursuant to 30-389, which is unlawful.

 

[Ejay]

Grego,

Check out (d) of that same section?

"(d)  Whenever an officer removes a vehicle from a street as authorized in this section, and the officer knows or is able to ascertain the name and address of the owner thereof, such officer shall within twenty-four (24) hours give or cause to be given notice in writing to such owner of the fact of such removal, and the reasons therefor, and of the place to which such vehicle has been removed. In the event such vehicle is stored in an authorized facility, a copy of such notice shall be given to the proprietor of such facility."

Did you receive this? You can also try asking the tow facility for it.

The following is applicable for your parking ticket:

"Sec. 30-389.2. - Failure to comply with summons attached to illegally parked vehicle.

All violators with past due unpaid parking complaints shall be noticed to appear at the Clerk's Parking Violations Bureau for the purpose of administrative disposition to ascertain whether the alleged violator desires to waive a Court hearing and pay the prescribed fine. All persons requesting a court hearing will execute a written request at the Parking Violations Bureau and the Clerk will schedule a hearing date before the Court. Any person requesting dismissal of a parking complaint without a court hearing may execute a notarized petition for dismissal, which the Clerk shall submit to the Court for review."

I believe the tow and the parking violation you were issued were unlawful. Your rights have been violated and they have failed to follow the law. At this point you need to decide if you want to pursue it further. If your goal is to recoup the cost and it is strictly a monetary decision I would quit now. I'm not sure how you value your time but at any reasonable rate the value of the amount of time your are going to spend fighting this will likely exceed the amount of money you have paid. If you are fed up with the county/city towing on their own discretion and want to contest based on principal proceeding may be satisfactory. Even if you lose at least you will have voiced your opinion to the judge.

If you do decide to continue I am willing to give my opinion. I would.

 

[grego.gs]

Grego,

Check out (d) of that same section?

"(d)  Whenever an officer removes a vehicle from a street as authorized in this section, and the officer knows or is able to ascertain the name and address of the owner thereof, such officer shall within twenty-four (24) hours give or cause to be given notice in writing to such owner of the fact of such removal, and the reasons therefor, and of the place to which such vehicle has been removed. In the event such vehicle is stored in an authorized facility, a copy of such notice shall be given to the proprietor of such facility."

Did you receive this? You can also try asking the tow facility for it.

There is a (e) for this same section in the case that officer can't ascertain the name of the owner. That's what they told me, they don't have access to DMV files, if I have no registration with their city parking department then they can't know. Do you think the sticker/notice should have displayed the ordinance 30-384 also ? Can there be a possible defense for the fact that removal order date differs from the towing date (the 25th)

 

[Zigner]

Can there be a possible defense for the fact that removal order date differs from the towing date (the 25th)

No, not at all. The car doesn't HAVE to be towed on that date, it can be towed at any time after.

 

[grego.gs]

No, not at all. The car doesn't HAVE to be towed on that date, it can be towed at any time after.

Ok. Despite that, the removal order date is 5 days after the notice date. Like they wanted to respect the Florida statutes that I noticed them during my request. I should have taken pictures of the car every 2 days to make sure the notice wasn't there. And even that may be irrelevant for the court.

 

[Zigner]

You're really grasping at straws here.

 

[not2cleverRed]

Here is the sticker left on my car. The problems are the dates because I checked the car after those 2 dates and I'm pretty sure it wasn't there. Furthermore, I find that suspicious last time she knew the codes of the ordinance while I was filling out the request. I wanted it printed out but I got nothing. Finally, my car got towed the 25th, wasn't it supposed to be the 17th as noticed on the removal order date section ? It's getting difficult for me now. Hard to prove, I'm going to appear crazy.

"This vehicle is in violation of ordinance 30-389 (abandoned) and will be towed away if not removed within 48 hours."

Dated 8/12/18.
Removal order date 8/17/18.
And you are crying foul because it was removed the 25th.

It seems pretty clear that the vehicle was removed because it was deemed "abandoned".

No, it was not wrongfully towed, and you do not have a compelling argument to contest the towing fee (which is a bigger issue than the fine).

 

[Ejay]

Ron,

The question is whether MB could tow a car parked in violation of the ordinance that he was cited for.I suspect the answer is yes, because they did He can certainly go to court and try to fight it and make them justify the authority, but I don't see anything in the state/county/city ordinances that say they can't.

It's the other way around, there needs to be something in the state/county/city ordinances that says they can, not the contrary. 389.1 allows them to issue a parking citation for violation of 389 but there is nothing in the code that permits them to tow pursuant to this violation.

not2clever,

You clearly have not read the law or this thread.

That ticket does not specify why the vehicle was towed and what section it was done pursuant to. The sanction for violating 30-389 is the issuance of a parking ticket not a tow. There is no provision in any of the codes that allow a vehicle to be towed with 48 hour notice because it was abandoned. If it was towed as you say; "because it was deemed abandoned" than the tow was unlawful. No doubt about it.

Obviously the agency is wise enough to not draw the conclusions you have and they aren't going to tow the vehicle in this manner. Likely it was impounded in the manner we are discussing or towed for some other reason we do not yet know.

Grego,

That's what they told me, they don't have access to DMV files,

If the vehicle was impounded pursuant to 384, it had to have been done so by a police officer. I highly doubt that police officer doesn't have access to DMV files. That sounds like BS to me. I have never heard of a department anywhere in the US not having access to DMV files.

if I have no registration with their city parking department then they can't know.

They told you that in order to receive an official notice regarding your vehicle you need to register it with the municipality?!?

This is more BS.

I doubt a judge will find that acceptable. Drivers are free to drive throughout the state without the need to worry about registering their vehicle with each municipality.

Do you think the sticker/notice should have displayed the ordinance 30-384

They need to tell you why your vehicle was towed! Whether it s a window sticker or a mailed notice, or an oral notice, or otherwise. This is one of your rights as a citizen of this country. They don't just get to tow your vehicle and not say why.

Can there be a possible defense for the fact that removal order date differs from the towing date (the 25th

No. The tow was ordered to be done on the 17th and was actually done on the 25th. There's no defense there. As a side note it seems as though they did give you more than 2 days notice if the original notice was given 12th and tow was 25th. I am a bit confused about the actual timeline here.

 

[grego.gs]

Ejay , yes I certify you that is the truth. Miami Beach seems working like a ....
That's why I have doubt on their dates because a lot of people had bad experiences about the parking department there and their towing associates.
I can't proof that the sticker wasn't there, are we supposed to put a video surveillance 24h around our cars seriously?
There is no other receipts, records or codes relating the tow Ejay.
It's considered as abandoned because it stayed more than 48h at the same spot as noticed on Miami Dade ordinance posted previously.
The sticker notice is followed with the details like left flat tire, car locked, no spare tire etc..

If the vehicle was impounded pursuant to 384, it had to have been done so by a police officer. I highly doubt that police officer doesn't have access to DMV files. That sounds like BS to me. I have never heard of a department anywhere in the US not having access to DMV files.
They told you that in order to receive an official notice regarding your vehicle you need to register it with the municipality?!?
This is more BS.
I doubt a judge will find that acceptable. Drivers are free to drive throughout the state without the need to worry about registering their vehicle with each municipality.

The front desk agent told me that, it's hard for the municipal officer to have access to DMV, they usually can notice people if they have them on their file (city parking department). Maybe he doesn't know what he's talking about. The section (e) is made to ease the process for them, no need to do deep search obviously..

 

[PayrollHRGuy]

E I can't proof that the sticker wasn't there, are we supposed to put a video surveillance 24h around our cars seriously?

No you are not supposed to leave your non-functioning cars out on the street,