3845ORDINANCE NO. 3845
AN ORDINANCE RELATING TO PROSTITUTION; MAKING
FINDINGS; CREATING A NEW SECTION OF THE CODE OF
THE CITY OF SANFORD; PROVIDING FOR THE
IMPOUNDMENT OF MOTOR VEHICLES USED TO
FACILITATE THE CRIME OF PROSTITUTION; PROVIDING
FOR AN ADMINISTRATIVE CIVIL PENALTY FOR THE USE
OF A MOTOR VEHICLE TO FACILITATE THE CRIME OF
PROSTITUTION; PROVIDING EXCEPTIONS TO
IMPOUNDMENT; PROVIDING FOR NOTICE OF
IMPOUNDMENT; PROVIDING FOR ADMINISTRATIVE
ACTIONS RELATING TO TITLE OF MOTOR VEHICLES;
PROVIDING FOR NOTICE OF IMPOUNDMENT TO THE
MOTOR VEHICLE OWNER; PROVIDING FOR
ADMINISTRATIVE REVIEW OF THE IMPOUNDMENT
DECISION; PROVIDING FOR PROTECTION FOR
INNOCENT OWNERS; PROVIDING FOR JUDICIAL REVIEW
OF THE ADMINISTRATIVE DETERMINATION; PROVIDING
FOR THE RETURN OF IMPOUNDED MOTOR VEHICLES;
PROVIDING A PROCEDURE FOR DISPOSITION OF
UNCLAIMED MOTOR VEHICLES; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the crime of prostitution adversely affects the quality of life in areas
where it is committed; and
WHEREAS, the crime of prostitution adversely affects property values and
economic development in areas where it is committed; and
WHEREAS, the crime of prostitution adversely impacts community development and
the implementation of historic downtown restoration and revitalization; and
WHEREAS, the crime of prostitution provides an opportunity for, and an inducement
to agree to, unprotected sexual activity, which can spread communicable diseases
including, but not limited to, syphilis, gonorrhea, genial genital herpes, and acquired
immune deficiency syndrome (AIDS); and
WHEREAS, motor vehicles are frequently used during the course of and to facilitate
the commission of the crime of prostitution; and
WHEREAS, the crime of prostitution constitutes a real and direct threat to the
health, safety and welfare of the citizens of the City of Sanford and adversely reflects upon
the City of Sanford as a whole; and
WHEREAS, the impoundment of motor vehicles used to facilitate prostitution or are
otherwise involved in the crime of prostitution will deter and discourage such usage; and
WHEREAS, imposition of a civil penalty for the use of motor vehicles to facilitate the
crime of prostitution will also deter such usage and the frequency of the crime itself.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
SANFORD, FLORIDA:
SECTION 1: LEGISLATIVE FINDINGS. The foregoing findings set forth in the
recitals are incorporated herein by reference and made a part hereof.
SECTION 2: USE OF A MOTOR VEHICLE TO FACILITATE PROSTITUTION:
IMPOUNDMENT OF MOTOR VEHICLE: CIVIL PENALTY. A new section of the Code of
the City of Sanford is hereby created to read:
(a) Incidental to an arrest for commission of prostitution, lewdness, or
assignation, as defined in Section 796.07, Florida Statutes, a police officer may impound
a motor vehicle whenever the officer has probable cause to believe that the motor vehicle
has been used in the course of or to facilitate the alleged crime. The term "motor vehicle"
means and includes the definition of the term as set forth in Section 320.01, Florida
Statutes.
(b) Use of a motor vehicle to facilitate prostitution, lewdness, or assignation shall
result in the impoundment of the motor vehicle and shall be punishable by an
administrative civil penalty in the amount of Five Hundred Dollars ($500.00).
(c) This Section shall not apply, and no motor vehicle shall be impounded
pursuant to this Section, if:
(1)
The motor vehicle was stolen at the time that it was otherwise subject
to impoundment; or
(2)
The motor vehicle was operating as an on-duty common carrier at the
time that it was otherwise subject to impoundment; or
(3)
The motor vehicle was owned by a motor vehicle rental agency and
the motor vehicle had been rented for a term of thirty (30) consecutive
Ordinance No. 3845
Page 2
(d)
(e)
days or less, at the time it was otherwise subject to impoundment; or
(4)
A law enforcement agency has seized the motor vehicle pursuant to
the Florida Contraband Forfeiture Act; or
(5)
If the arresting officer determines that the impoundment of motor
vehicle would likely result in a detriment to the public in that the
condition of the motor vehicle is such that the vehicle is of
questionable value or determines that the condition of the motor
vehicle could reasonably threaten the security of the public area at
which motor vehicles are impounded.
Upon impounding a motor vehicle under this Section, a police officer shall:
Provide for the towing of the motor vehicle to a City-owned facility or
to a facility controlled by a City towing agent; and
(2)
Notify, in writing, the person who was in control of the motor vehicle
at the time of impoundment of the fact of impoundment and his or her
right to request a preliminary hearing pursuant to Subsection 2(e).
The notice shall be provided by hand-delivery at the time of
impoundment. If the person in control of the motor vehicle at the time
of impoundment is not the owner of the motor vehicle, then notice
shall also be sent to the motor vehicle's registered owner by certified
mail, return receipt requested, within twenty-four (24) hours of the
time of impoundment, excluding Saturdays, Sundays, and legal
holidays; and
(3)
Take any and all appropriate actions with regard to the title of the
motor vehicle in order to protect the interests of the public arising
from the impoundment of the motor vehicle.
The following procedures shall apply to the impoundment of motor vehicles
as set forth in this Section.
Within five (5) business days of receipt of the notice described in
Subsection 2(d), the person in control of the motor vehicle at the time
of impoundment, or the owner, may request a preliminary hearing by
delivering to the address provided in the notice a written request for
a preliminary hearing. The written request must actually be received
by the City within the five-day (5) period, or the right to a preliminary
hearing shall be deemed to be waived.
Ordinance No. 3845
Page 3
(2)
(3)
(4)
(5)
(6)
Upon timely receipt of a written request for a preliminary hearing, the
City shall schedule a preliminary hearing to be held within two (2)
business days following the date of receipt of the request. The
person requesting the hearing shall be notified by telephone of the
date, time, and location of the hearing.
The preliminary hearing shall be held before a hearing officer
designated by the City Commission. The sole issue to be considered
by the hearing officer will be whether the police officer has probable
cause to impound the motor vehicle. Formal rules of evidence shall
not apply and hearsay evidence, including any relevant police report,
shall be admissible. The burden of demonstrating probable cause
shall be on the City.
If the City establishes probable cause to support the impoundment,
the hearing officer shall order the continued impoundment of the
motor vehicle pending a final hearing or the payment of the
administrative civil penalty described in Subsection 2(b), plus towing
and associated costs, charges and expenses, if any. Alternatively,
the owner may secure release of the motor vehicle by posting a cash
bond (money order or certified check) in the amount of Five Hundred
Dollars ($500.00), plus towing and associated costs, charges and
expenses, if any. If no probable cause is found by the hearing officer
at the preliminary hearing, the motor vehicle shall be released to the
owner or designee as soon as practical without the imposition of any
penalty or costs, charges or expenses whatsoever.
If the preliminary hearing is not held within the required time, through
no fault of the motor vehicle owner, the motor vehicle shall be
released to the owner or designee as soon as practical without the
imposition of any penalty, costs, charges or expenses whatsoever.
Within ten (10) business days of the date a motor vehicle is
impounded, or within three (3) business days of finding of probable
cause following a preliminary hearing, whichever is later, the City
shall notify, by certified mail, the owner of the motor vehicle of the
date, time and location of a final hearing. The final hearing shall be
held, unless waived by the motor vehicle owner or continued by order
of the hearing officer, no later than thirty (30) calendar days after the
date of impoundment. The City shall have the burden of proof to
show by a preponderance of the evidence that the motor vehicle was
Ordinance No. 3845
Page 4
(f)
(g)
used in the course of or to facilitate prostitution, lewdness, or
assignation. The City shall also have the burden of proof to show, by
a preponderance of the evidence, that the owner, including a renter
if applicable, knew or should have known, after reasonable inquiry,
that the motor vehicle was employed or was likely to be employed in
a criminal activity.
(7)
If, after the hearing, a finding is made that the motor vehicle is subject
to impoundment as provided herein, and that none of the exceptions
set forth in Subsection 2(c) apply, the hearing officer shall enter an
order finding the owner of the motor vehicle to be liable to the City for
an administrative civil penalty of Five Hundred Dollars ($500.00) and
requiring continued impoundment of the motor vehicle pending
payment of the administrative civil penalty, plus towing and
associated costs, charges and expenses, if any.
(8)
If the hearing officer determines that the City did not meet its burden
of proof, or that one (1) or more of the exceptions set forth in
Subsection 2(c) apply, then the motor vehicle shall be released to the
owner as soon as practical without the imposition of any penalty,
costs, charges or expenses whatsoever. Any cash bond which has
been posted will be returned.
(9)
If a final hearing is not held within thirty (30) days of the date of
impoundment through no fault of the motor vehicle owner, the motor
vehicle shall be released to the owner as soon as practical without
the imposition of any penalty, costs, charges or expenses
whatsoever. The owner shall not be entitled to release of the motor
vehicle for delays in receiving notice of the final hearing, absent a
showing of resulting prejudice.
The owner of a motor vehicle who is found liable to the City for an
administrative civil penalty may seek judicial review of the order by filing a
petition for writ of certiorari in the Circuit Court within thirty (30) days of the
rendition of the order. The City may charge a reasonable fee for preparation
of the record in the case.
Except a provided in otherwise in Subsection 2(e), an impounded motor
vehicle shall be returned to its registered owner, or a person legally entitled
to possess the motor vehicle, upon payment to the City of the administrative
civil penalty, plus towing and associated costs, charges and expenses
unless the motor vehicle has been sold or otherwise disposed of to satisfy
Ordinance No. 3845
Page 5
a judgment or enforce a lien, as provided by law.
(h)
Any motor vehicle that is not claimed within sixty (60) days from the date of
an order of a hearing officer subjecting the owner of the motor vehicle to the
the administrative civil penalty shall be treated as unclaimed evidence
pursuant to Section 705.101(6), Flodda Statutes. Such unclaimed motor
vehicle shall then be disposed of by the City pursuant to Section 705.105,
Florida Statutes, provided that prior to final disposition unclaimed motor
vehicles subject to a perfected lien shall be subject to the lienholder notice
provisions of Section 705.103(2), Flodda Statutes.
SECTION 3: CODIFICATION. It is the intention of the City Commission of the
City of Sanford, Florida, and it is hereby ordained that the provisions of this Ordinance
shall become and be made a part of the Code of Ordinances of the City of Sanford,
Florida; that the Sections of this Ordinance may be renumbered or relettered to accomplish
such intention; that the word, "Ordinance," may be changed to "Section," "Article," or other
appropriate word; provided, however, that Sections 3, 4, 5 and 6 shall not be codified. The
Code codifier is hereby granted liberal authority to codify this Ordinance.
SECTION 4: SEVERABILITY. If any section or portion of a section of this
Ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to impair
the validity, force or effect of any other action or part of this Ordinance.
SECTION 5: CONFLICTS. All ordinances or parts of ordinances in conflict
herewith be and the same are hereby revoked.
SECTION 6: EFFECTIVE DATF
immediately upon passage and adoption.
This Ordinance shall become effective
PASSED and ADOPTED this 23rd day of F,~,~,ry, ~.~ /~
Brady Lessard, WIAYOR
A'FI'EST:
~anet R. Dougherty,~;ITY CLERK
Ordinance No. 3845
Page 6
CERTIFICATE
I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify
that a true and correct copy of the foregoing Ordinance No. 3845 PASSED AND
ADOPTED by the City Commission of the City of Sanford, Florida, on the 23rd day of
February, 2004, was posted at the front door of the City Hall in the City of Sanford, Florida,
on thed-~L~ day of ,~.~.Z/Z,~,,. ,2004.
~ the City Clerk of tl~ City
of Sanford, Florida
Ordinance No. 3845
Page 7