O87-29ORDINANCE NO. 87-~__~
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, AMENDING ARTICLE III, "ABANDONED,
PROPERTY"; BY AMENDING SECTION 10-50,
"DEFINITIONS"; BY REPEALING IN ITS ENTIRETY
SECTION 10-51, "ABANDONMENT OF PROPERTY OR WRECKED
OR INOPERABLE MOTOR VEHICLES ON PUBLIC PROPERTY
PROHIBITED AND DECLARED A NUISANCE"; BY CREATING A
NEW SECTION 10-51, "PROCEDURE FOR ABANDONED OR
LOST PROPERTY ON PUBLIC PROPERTY"; PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING A SAVINGS
CLAUSE AND PROVIDING AN EFFECTIVE DATE.
BE IT:ORDAINED BY THE CITY COUNCIL OFT HE CITY OF BOYNTON
BEACH, FLORIDA, AS.FOLLOWS:
SECTION 1. That Chapter 10-50, of the Code of
Ordinances of the City of Boynton Beach, Florida is hereby
amended by adding the words and figures in underlined type
and .by deleting the words and figures shown in
struck-through type as follows:
10-50 Definitions. For the purposes of this article,
the following words and phrases shall have the meaning set
forth herein. According to context, words used in the
present tense include the future, singular words include the
plural, plural words inClude the singular, and masculine
words shall include the feminine gender.
(1) "Abandoned property" means all tangible personal
property which does not have an identifiable owner and
which has been disposed on public property in a
wrecked, inoperative, or partially dismantled condition
or which has no apparent intrinsic value to the
rightful owner. However, vessels determined to be
derelict by the Department of Natural Resources in
accordance with the provisions of Sec. 823.11, Florida
Statutes, shall not be included in this definition.
(2) "Antique Motor Vehicle" is any motor vehicle
of thirty-five (35) years or more which is registered
with the State of Florida pursuant to Florida Statutes
Section 320.086.
(3) "City" is the City of Boynton'~ B'each, 'Florida.
(4) "Enforcement Officer" means those employees or
other agents of the City designated by ordinance, or
duly authorized and appointed by the City Manager,
whose duty it is to enforce City Codes. This
definition shall include law enforcement officers.
(5) "Inoperable Motor Vehicle" a Motor Vehicle shall
be deemed inoperative and/or abandoned if a valid and
current motor vehicle license is not affixed thereto in
excess of thirty (30) calendar days; provided however,
that this shall not apply to motor vehicles located on
private property owned or leased by automobile dealers,
new or used, possessing a current, valid, occupation
license; nor shall this definition apply to any antique
or collector vehicle which is registered with the State
of Florida, pursuant to Fla. St. Sec. 320.086.
(6) "Law Enforcement Officer" means any full-time
police officer employed by the City.
(7) "Lost property" means all tangible personal
property which does not have an identifiable owner and
which has been mislaid on public proDerty,uDon a Dublic
conveyance, on premises used at the time for business
purposes, or in parks, places of amusement, public
recreation areas, or other places open to the public in
a substantially operable, functionin~ condition or
which has an apparent intrinsic value to the rightful
owner.
(8) "Motor Vehicle" is a vehicle or conveyance which
is self propelled and designed to travel along the
ground, and includes, but is not limited to,
automobiles, buses, mopeds, motorcycles, trucks,
tractors, go-carts, golf carts, campers, motorhomes and
trailers.
(9) "Private Property" is any real property within the
City which is privately owned and which is not defined
as public property herein.
(10) "Public Property" means lands and improvements
owned by the Federal government, the State of Florida,
a County or a municipality and includes sovereignty
submerged lands located adjacent to the County or
municipality, buildings, grounds, parks, playgrounds,
streets, sidewalks, parkways, rights-of-way, and other
similar property.
(11) "Wrecked Motor Vehicle" is any motor vehicle the
condition of which is wrecked, dismantled, partially
dismantled, incapable of operation by its own power on
a public street, or from which the wheels, engine,
transmission or any substantial part thereof have been
removed.
SECTION 2. That Section 10-51 "Abandonment of
property or wrecked or inoperable motor vehicles on public
property prohibited and declared a nuisance" of the Code of
Ordinances of the City of Boynton Beach, Florida is hereby
repealed in its entirety.
SECTION 3. That a new section 10-51
"Procedure for Abandoned or Lost Property on
Property" is hereby enacted to read as follows:
entitled
Public
(a) Whenever a law enforcement of~icer of the City of
Boynton Beach ascertains that an article of lost or
abandoned property is present on public property and is of
such nature that it can be easily removed, the officer shall
take such article into custody and shall make a reasonable
attempt to ascertain the rightful owner or lienholder
pursuant to the provisions of this section.
(b) Whenever a law enforcement officer ascertains that
an article of lost or abandoned property is present on
public property and is of such nature that it cannot be
easily removed, the officer shall cause a notice to be
placed upon such article in substantially the following
form:
NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE
ATTACHED PROPERTY. This property, to wit: (setting forth
brief description) is unlawfully upon public property known
as (setting forth brief description of location) and must be
removed within 5 days, otherwise, it will be removed and
disposed of pursuant to chapter 705, Florida Statutes. The
owner will be liable for the costs of removal, storage, and
publication of notice. Dated this: (setting forth the date
of posting of notice), signed: (setting forth name, title,
address and telephone number of law enforcement officer).
Such notice shall be not less than 7 inches by 10 inches and
shall be sufficiently weatherproof to withstand normal
exposure to the elements. In addition to posting, the law
enforcement officer shall make a reasonable effort to
ascertain the name and address of the owner. If such is
reasonably available to the officer, he shall mail a copy of
such notice to the owner on or before the date of posting.
If the property is a motor vehicle as defined in Sec.
320.01(1), Florida Statutes, or a vessel as defined in Sec.
327.02(27), Florida Statutes, the law enforcement agency
shall contact the Department of Highway Safety and Motor
Vehicles or the Department of Natural Resources,
respectively, in order to determine the name and address of
the owner and any person who has filed a lien on the vehicle
or vessel as provided in Sec. 319.27(2) or (3) or Sec.
328.15(1), Florida Statutes. On receipt of this
information, the law enforcement agency shall mail a copy of
the notice by certified mail, return receipt requested, to
the owner and to the lienholder, if any. If, at the end of
5 days after posting the notice and mailing such notice, if
required, the owner or any person interested in the lost or
abandoned article or articles described has not removed the
article or articles from public property or shown reasonable
cause for failure to do so, the following shall apply:
(1) For abandoned property, the law enforcement agency
may retain any or all of the property for its own use or for
use by the state or unit of local government, trade such
property to another unit of local government or state
agency, donate the property to a charitable organization,
sell the property, or notify the appropriate refuse removal
service.
(2) For lost property, the officer shall take custody
and the agency shall retain the property for 90 days and
publish notice of the agency's intended disposition of the
property.
a. If the agency elects to retain the property for
use by the unit of government, donate the property to a
charitable organization, surrender such property to the
finder, sell the property or trade the property to
another unit of local governmen~or state agency,
notice of such election shall be given by an
advertisement published once a week for 2 consecutive
weeks in a newspaper of general circulation in the
county where the property was found.
b. If the agency elects to sell the property, it must
do so at public sale by competitive bidding. Notice of
the time and place of the sale shall be given by an
advertisement of the sale published once a week for 2
consecutive weeks in a newspaper of general circulation
in the county where the sale is to be held. The notice
shall include a statement that the sale shall be
subject to any and all liens. The sale must be held at
the nearest suitable place to that where the lost or
abandoned property is held or stored. The
advertisement must include a description of the goods
and the time and place of the sale. The sale may take
place no earlier than 10 days after the final
publication. If there is no newspaper of general
circulation in the county where the sale is to be held,
the advertisement shall-be posted at the door of the
courthouse and at three other public places in the
county at least 10 days prior to sale. Notice of the
agency's intended disposition shall describe the
property in a manner reasonable adequate to permit the
rightful owner of the property to identify it.
(c.) If the property is sold at public sale pursuant to
subparagraph (b)(2)b., the agency shall deduct from the
proceeds the costs of transportation, storage, and
publication of notice, and any balance of proceeds shall be
deposited into an interest-bearing account not later than 30
days after the date of the sale and held there for 1 year.
The agency shall provide a bill of sale clearly stating that
the sale is subject to any and all liens. The rightful
owner of the property may claim the balance of the proceeds
within 1 year from the date of the above stated deposit by
making application to the agency. If no rightful owner
comes forward with a claim to the property within the
designated year, the balance of the proceeds shall be
deposited into the state school fund.
(d.) The owner of any abandoned or lost property who,
after notice as provided in this section, does not remove
such property within the specified period shall be liable to
the law enforcement agency for all costs of removal,
storage, and destruction of such property, less any salvage
value obtained by disposal of the property. Upon final
disposition of the property, the law enforcement officer
shall notify the owner, if known, of the amount owed. In
the case of an abandoned boat or motor vehicle, any person
who neglects or refuses to pay such amount is not entitled
to be issued a certificate of registration for such boat or
motor vehicle, or any other boat or motor vehicle, until
such costs have been paid. The law enforcement officer
shall supply the Department of Natural Resources with a list
of persons whose boat registration privileges have been
revoked under this subsection and the Department of Motor
Vehicles with a list of persons whose motor vehicle
privileges have been revoked. Neither department nor any
other person acting as agent thereof shall issue a
certificate of registration to a person whose boat or motor
vehicle registration privileges have been revoked, as
provided by this subsection, until such costs have been
paid.
(e.) Whoever opposes, obstructs, or resists any law
enforcement officer or any person authorized by the law
enforcement officer in the discharg~ of his duties as
provided in this section upon conviction is guilty of a
misdemeanor of the second degree, punishable as provided in
Sec. 755.083, Florida Statutes.
(f.) Any law enforcement officer or any person
authorized by the law enforcement officer is immune from
prosecution, civil or criminal, for reasonable, good faith
trespass upon real property while in the discharge of duties
imposed by this section.
(g.) The rightful owner shall be liable for the law
enforcement agency's costs for transportation and storage of
lost or abandoned property and the agency's cost for
publication of notice of disposition of lost property. If
the rightful owner does not pay such costs within 30 days of
making claim to the property, title to the property shall
vest in the law enforcement agency.
Section 4. That all ordinances or parts of
ordinances in conflict herewith be and the same are hereby
repealed.
4
Section 5: Should any section or provision of this
ordinance or portion hereof, any paragraph, sentence, or
word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the remainder of
this ordinance.
Section 6.
on the 1st day of October,f 1987.
FIRST READING this .j day of
COND, FINAL READING AND PASSAGE this /~
That this ordinance shall become effective
· 1987.
day of
CITY OF BOYNTON BEACH, FLORIDA
Vice M~or
commissioner
ATTEST:
Commissioner
(Corporate Seal)