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<br />- -- <br /> <br />ORDINANCE NO. 2011- 3~ <br /> <br />AN ORDINANCE OF THE CITY COMMISSION OF THE CITY <br />OF SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER <br />256 OF THE CODE OF ORDINANCES OF THE CITY OF <br />SUNNY ISLES BEACH TO AUTHORIZE THE CITY TO HAVE <br />TOWED AND TO IMPOUND VEHICLES UNLA WFULL Y <br />DISPLAYED FOR SALE, HIRE, OR RENTAL; PROVIDING <br />FOR PENALTIES AND ENFORCEMENT; PROVIDING FOR <br />SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING <br />FOR INCLUSION IN THE CODE; PROVIDING FOR AN <br />EFFECTIVE DATE. <br /> <br />WHEREAS, curbstoning is a term given to the practice of buying and selling vehicles <br />without a vehicle dealer license and established place of business; and <br /> <br />WHEREAS, those who engage in curbstoning usually park and display their vehicles for <br />sale in high traffic locations, such as on rights of way, on utility or pipeline easements, in public <br />parking lots, or in gas stations, convenience stores, or supermarket parking lots; and <br /> <br />WHEREAS, curbs toning is associated with visual blight and crime, including sales tax <br />fraud; and <br /> <br />WHEREAS, the Florida legislature recently passed House Bill 631, effective July 1, <br />2010, making illegal certain parking and display of vehicles for sale, hire, or rental; and <br /> <br />WHEREAS, House Bill 631, codified at Section 316.1951, Florida Statutes, authorizes <br />any law enforcement agency, code enforcement agency, or the Florida Department of Highway <br />Safety and Motor Vehicles to immediately tow and impound any vehicle in violation of Section <br />316.1951, and to assess the owner of such vehicle a one hundred dollar ($100.00) fine in addition <br />to towing and storage costs assessed by the towing storage operator; and <br /> <br />WHEREAS, the City of Sunny Isles Beach cannot begin to assess the fine until it has <br />adopted an ordinance allowing the towing of vehicles parked in violation of Section 316.1951, <br />Florida Statutes. <br /> <br />NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> <br />Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified <br />and confirmed as being true and correct and are hereby made a specific part by this Ordinance <br />upon adoption hereof. <br /> <br />Page I of5 <br />