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

[Ejay]

30-389 is the statute you were cited as violating which resulted in the parking ticket. You must have been towed pursuant to some other section. For now we can address the parking citation.

"It is unlawful for any person to wilfully abandon a motor vehicle upon the public streets and highways"

The agency claims that you abandoned your vehicle. You seem to disagree and I do as well. The Dade County code does not have a definition for "abandon" so it is appropriate to resort to the definition provided by the state.

FS 705.101 (3) “Abandoned property” means all tangible personal property that does not have an identifiable owner and that has been disposed on public property in a wrecked, inoperative, or partially dismantled condition or has no apparent intrinsic value to the rightful owner. The term includes derelict vessels as defined in s. 823.11.

Clearly the vehicle was not abandoned according to this definition. You can likely use this defense to contest the parking ticket

The state has stringent rules for declaring property abandoned, some of which were not followed. You can also use this as an additional defense if you'd like.

 

[Zigner]

He left a non-operative vehicle on the side of the road for several weeks. Yes, it certainly can be considered as abandoned.

 

[Ejay]

According to which law?

It simply had a flat tire and was parked in one spot for two weeks. It wasn't abandoned. I have this sneaking suspicion it was an eye sore but that doesn't give the agency authority to order a tow.

The vehicle had a registered owner, had value, was sell-able, was properly registered, had a registered owner who was available yet not contacted, otherwise functioned and was legally parked. It was not "wrecked, inoperative, or partially dismantled condition or has no apparent intrinsic value to the rightful owner." The state has specific guidelines to be followed in order to declare a vehicle abandon. They failed to follow those guidelines.

I'm not sure if the burden is on the defendant or the agency or otherwise to prove the vehicle was/wasn't "abandoned" because sometimes a parking citation itself satisfies the necessary presumptions of the citation but either way the defendant can easily prove the vehicle was not abandoned and the agency has made an incorrect determination of such.

This is a relatively easy argument to make that will save the OP the $30 parking ticket.

The tow is the biggie but he needs to figure out why he was towed first.

 

[not2cleverRed]

According to which law?

It simply had a flat tire and was parked in one spot for two weeks. It wasn't abandon. I have this sneaking suspicion it was an eye sore but that doesn't give the agency authority to order a tow.

The vehicle had a registered owner, had value, was sell-able, was properly registered, had a registered owner who was available yet not contacted, otherwise functioned and was legally parked. It was not "wrecked, inoperative, or partially dismantled condition or has no apparent intrinsic value to the rightful owner." The state has specific guidelines to be followed in order to declare a vehicle abandon. They failed to follow those guidelines.

I'm not sure if the burden is on the defendant or the agency or otherwise to prove the vehicle was/wasn't "abandon" because sometimes a parking citation itself satisfies the necessary presumptions of the citation but either way the defendant can easily prove the vehicle was not abandon and the agency has made an incorrect determination of such.

This is a relatively easy argument to make that will save the OP the $30 parking ticket.

The tow is the biggie but he needs to figure out why he was towed first.

Walks like a duck, talks like a duck... What, pray tell, is your definition of "abandoned"?

 

[Ejay]

Have you read my posts?

Florida Statutes 705.101 (3) and various stautes of that chapter effectively define what an abandoned vehicle is.

I found no other definition in the county or municipal codes. I feel like I am repeating myself though.

 

[not2cleverRed]

...And maybe it really looked abandoned. Even OP admits that it might have appeared to be abandoned.

We do not know if OP was clearly identifiable as the owner - whether the car was current in its registration, or OP's current address known to the DMV.

We do not know if the car was operable. Generally, when a car gets a flat, you don't leave it sitting around on the flat. You at least put on the spare. And while OP was able to sell the car, we don't know for how much, or for what purpose. It could have been just for parts.

 

[FlyingRon]

705.101 only applies to section 705.

Despite what the poster keeps attempting to assert, 705.103 does NOT limit what the local authorities can do about their own ordinances. It just provides a blanket state ordinance they could use in the absence of nothing else.

As I posted in one of my earliest responses here, the local ordinances allow booting or towing pretty much at the discretion of the police if a car is illegally parked. The only argument is what constitutes abandoned. A car left undrivable (he said it had a flat tire) for several days likely would be considered such.

 

[grego.gs]

I am going to responde for your interrogations : The car was old and I recognize could be considered as abandoned. It still worked though. She said the car is not supposed to stay at the same spot more than 48h. The car was registered to my name and current address. I asked her about the DMV and she said that they don't have access to that and since I wasn't registered with Miami Beach parking department they didn't have further informations. So they just put a yellow notice on the side of my car. After retrieving it, I saw 48h before towing, the rest wasn't really readable because of the rain. It's more the towing process I want to fight,which cost me 400$, the time range didn't seem respected. I'm waiting for further receipts and records soon I will let you know.

 

[grego.gs]

As I posted in one of my earliest responses here, the local ordinances allow booting or towing pretty much at the discretion of the police if a car is illegally parked. The only argument is what constitutes abandoned. A car left undrivable (he said it had a flat tire) for several days likely would be considered such.

Where did you see any local ordinances saying that cars can be towed right away or at the discretion of the police when abandoned vehicles? The Miami Dade codes only say that's possible when on the premises of private property or within tow away zone, or unincorporated areas which isn't the case at all.

 

[Ejay]

705.101 only applies to section 705.

I cited 705.101 as a reference for the definition of "abandoned" since both the local code and the county code do not define it. Absent another applicable definition, the hearing officer should consider this one as it is the most relevant. Furthermore, it is quite likely that local vehicle law must also coincide with state vehicle law. OP to verify. This is the case elsewhere.

 

[Zigner]

Where did you see any local ordinances saying that cars can be towed right away or at the discretion of the police when abandoned vehicles? The Miami Dade codes only say that's possible when on the premises of private property or within tow away zone, or unincorporated areas which isn't the case at all.

Your car was non-operable due to the flat tire, and it was parked on a public road.

 

[grego.gs]

Your car was non-operable due to the flat tire, and it was parked on a public road.

Ordinance codes ? Not parked on the road but within a free parking spot.

 

[Zigner]

Ordinance codes ? Not parked on the road but within a free parking spot.

The parking spot is on the roadway.

 

[grego.gs]

The parking spot is on the roadway.

Did you find any ordinances in Miami Beach/ Miami Dade saying something different than the 5 days notice for abandoned vehicle prevailing in the Florida statutes ?

 

[Zigner]

Did you find any ordinances in Miami Beach/ Miami Dade saying something different than the 5 days notice for abandoned vehicle prevailing in the Florida statutes ?

I didn't find any notice requirement at all. Where did you find a 5-day notice requirement?