(A)   The city’s Director of the Office of Parking & Intergovernmental Affairs or his/her designee(s) are authorized to attach a “Denver boot,” or other nondestructive device which prevents a vehicle from being moved under its own power, to a motor vehicle under the following conditions:

      (1)   The motor vehicle has, on at least three prior occasions, been found stopped, standing or parked on any street, alley, thoroughfare or public parking space within the city in violation of a state law or city ordinance, for which parking tickets have been issued or, alternatively, has been previously ticketed for one or more disabled parking violations as provided in §§ 72.140 or 72.141 herein, and to which the registered owner has failed or refused to respond by requesting, in a timely manner, a review of the citation before the Director of the Office of Parking & Intergovernmental Affairs or a court date to contest the parking tickets or disabled parking violations or by paying the civil penalties indicated upon the parking tickets or disabled violations; or which were otherwise imposed by court order; and

      (2)   The registered owner of the motor vehicle has been given notice by mail or otherwise that the provisions of this section will be enforced against the motor vehicle unless, not more than ten days from the date of receipt of the notice, the owner shall pay the civil penalties for all such outstanding citations and summonses; and

      (3)   The registered owner of the motor vehicle has failed or refused to respond to the notice described in this section, by paying such civil penalties for all such outstanding citations and summonses or requesting a hearing or court date, in writing, within ten days, for the purpose of contesting the parking tickets.

      (4)   In the event the Director of the Office of Parking & Intergovernmental Affairs or his or her designee(s), after making a reasonable attempt, are unable to obtain sufficient information to give notice to the registered owner, the Director of the Office of Parking & Intergovernmental Affairs or his/her designee(s) may attach an immobilizing device to the vehicle if, prior to immobilization, a notice is placed upon the vehicle in substantially the following form:

NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED VEHICLE. This vehicle, to wit: (brief description) has, on at least three prior occasions, been found stopped, standing or parked on any street, alley, thoroughfare, or public parking space within the City of Hollywood in violation of a state law or city ordinance, for which parking tickets have been issued or, alternatively, has, on at least one prior occasion, parked within the city in violation of §§ 72.140 or 72.141 herein regulating parking in spaces provided for the exclusive use of persons with disabilities, for which a parking ticket has been issued, and to which the registered owner has failed or refused to respond by requesting, in a timely manner, a review of the citation or by paying the civil penalties indicated upon the parking ticket(s) or otherwise imposed by court order. As a result, this vehicle must be removed within five days; otherwise, an immobilizing device will be attached to it. The owner will be liable for the costs of removing the immobilizing device. Dated this: (date of posting of notice), signed: (name, title, address, and telephone number of individual placing notice upon the vehicle).

   Such notice shall be not less than eight inches by ten inches and shall be sufficiently weatherproof to withstand normal exposure to the elements.

   (B)   The Director of the Office of Parking & Intergovernmental Affairs shall maintain a current list of all motor vehicles to which an immobilizing device may be attached pursuant to this section.

   (C)   The immobilizing device shall be attached to the motor vehicle at any location within the city where the motor vehicle may be found, if the location is in a right-of-way or a place where the public is invited to travel or park; except that no motor vehicle shall be immobilized within the traveled portion of any street or in any portion of any street when immobilization at such place would create a hazard to the public or to traffic.

   (D)   At the time that an immobilizing device is attached to a motor vehicle, a notice shall be affixed to the windshield or to the left front window stating that the immobilizing device has been attached and cautioning the operator not to attempt to remove the immobilizing device. The notice shall inform the owner or operator of the motor vehicle of the total amount of civil penalties assessed under the citations for which the motor vehicle is immobilized, plus the removal charge for the removal of the immobilizing device, and the location to which the owner or operator must go in order to pay the civil penalties and removal charge and have the immobilizing device removed from the motor vehicle.

   (E)   (1)   Except as provided in section (E)(2) below, the immobilizing device shall be removed from the motor vehicle only upon payment of the civil penalties assessed under the citations for which the motor vehicle has been immobilized, plus the removal charges, and/or upon the authorization of the Director of the Office of Parking & Intergovernmental Affairs.

      (2)   The owner or operator of a vehicle which has been immobilized with an immobilizing device shall have the right to request the Director of the Office of Parking & Intergovernmental Affairs or his or her designee to conduct an administrative review of the facts for the purpose of determining whether such vehicle was properly immobilized in accordance with the terms of this section. The review shall be held within 24 hours of such a request being made. The owner or operator requesting the review shall receive notice of its date, time and place at the time the request is made. If, upon the conclusion of the review, the Director of the Office of Parking & Intergovernmental Affairs or his or her designee determines that the vehicle was properly immobilized in accordance with the terms of this section, the owner or operator, in order to obtain the removal of the immobilizing device, shall either pay the city the amount indicated in section (E)(1) above, or post a sufficient bond in such amount guaranteeing payment in full within 90 days following the outcome of a hearing in county court which shall be requested by the owner or operator. If the Director of the Office of Parking & Intergovernmental Affairs or his or her designee determines that the vehicle was not properly immobilized, the immobilizing device shall be removed immediately.

   (F)   The removal charge for the authorized removal of an immobilizing device is hereby established as $75.

   (G)   As an additional remedy, if an immobilizing device remains on a motor vehicle for more than 24 hours, any motor vehicle described in section (A) may be towed from any location where it may be found within the city, if the location is in a right-of-way or a place where the public is invited to travel or park, and shall be impounded until the registered owner pays all outstanding civil penalties, the removal charge and the costs of towing, vehicle storage, and impoundment.

('72 Code, § 34-139.5) (Ord. O- 87-08, passed 2-18-87; Am. Ord. O-2001-30, passed 7-11-01; Am. Ord. O-2009-06, passed 5-6-09; Am. Ord. O-2010-26, passed 7-7- 10; Am. Ord. O-2011-28, passed 10-19-11; Am. Ord. O-2021-07, passed 5-5-21)