Ordinance 124 Disposition & Sale of Abandoned Bicycles & Motor Vehicles
ORDINANCE N0. I24 - 1965
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, FAOVIDING
FOR THE DISPOSITION AND SALE OF ABANDONID BICYCLES AND MOTOR VEHICLES.
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BE IT ORDAINID BY THE VILLAGE COUNCIL OF THE PILLAGE OF NORTH
PALM BEACH, FLORIDA, THAT:
Section 1. Abandoned motor vehicle or bicycle. Duty of police to
take possession; notification of owner if known.
~Nhen any motor vehicle or bicycle shall remain upon any public
street or other public way, public park or other public grounds of the
Village for a continuous period of forty-eight hours or more, such motor
vehicle or bicycle shall be taken possession of by the Chief of Police or
any policeman of the Village and stored at some convenient place. If the
owner of such motor vehicle or bicycle be known, he shall at once be
notified that the motor vehicle or bicycle is in the custody of the police
department and directed to repossess himself of such motor vehicle or
bicycle.
Section 2. Sale of motor vehicle or bicycle; certificate of sale.
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If the residence or address of the owner or any person holding a
lien upon such motor vehicle or bicycle cannot be ascertained, or if the
owner or person holding a lien upon the motor vehicle or bicycle fails to
take possession of the motor vehicle or bicycle within ten days after the
mailing of notice hereinbefore provided for, such motor vehicle or bicycle
shall be sold at public outcry by the Chief of Police at some place within
the Village, but, prior to the sale, a notice of said sale shall be posted
in three conspicuous places in the Village at least ten days prior to the
date of sale. Such notice shall give the time and place of sale and describe
the motor vehicle or bicycle to be sold. A copy of such notice shall be
mailed to the owner and each person holding a lien on such motor vehicle
or bicycle, if their address be known, at least ten days before the date of
such sale. The Village shall not guarantee title to such motor vehicle or
bicycle or to deliver a title of ownership, but shall furnish the purchaser
a certificate in substantially the following form:
• Ordinance No.124-1965 _
Page No. 2
"Certificate No.
CRRTIFICATE OF
Village of North Pa]sn Beach Police Department
North Palm Beach, Florida
THIS TS TO CIItTIFY that the following -
' described motor vehicle/bicycle was =
abandoned on the public highway of
North Palm Beach, Florida, and was placed
in the custody of the Police Department,
where it was held for twenty days, after
which time, it having been impossible to _ _
find the owner of the same, or if found he
failed to repossess same, this motor
vehicle/bicycle was sold to the highest
• bidder after legal advertisement.
This certificate of sale is therefore
issued to ,
residing at ,
1VIake
Year __
Fngine No.
Chassis No.
Dated at North Palm Beach, Florida, this
day of , 19
Chief of Police
N.B. This form to be in duplicate, the
original given to the purchaser and the
duplicate bound in a book."
Section 3. Right of owner to take possession of motor vehicle __
or bicycle prior to sale; expenses.
~e owner or any person having a lien upon such motor vehicle
or 'bicycle may take possession of same at any time prior to the sale,
provided for in Section 2 of this Ordinance, but such person shall
reimburse the Village for all reasonable expenses for storage, advertising
or other expense incurred in connection therewith.
' Section 4. Prima facie evidence of abandonment.
The leaving of any motor vehicle or bicycle on. any public street
or other public way, park or other public place within the Village for a
continuous period of forty-eight hours shall be prima facie evidence that --
such motor vehicle or bicycle has been abandoned. - _
Ordinance No. 1.24-1965
Page No. 3
Section 5. Proceeds of sale to be deposited in the General Fund;
' Village of North Palm. Beach.
If any motor vehicle or bicycle shall be sold as above provided,
the proceeds of such sale after paying all the costs actually expended for
advertising or otherwise in such sale shall be deposited in the General
Fund of such Village. In addition to the expenses actually incurred, the
' Village shall be allowed a commission of five per cent on the gross receipts
of such sale as compensation for his time in caring for such property and
make such sale, which amount shall also be paid into the General Fund of
the Village.
Section 6. Proceeds not to be expended for ninety days; right of
owner to proceeds upon proof of ownership, etc.
The proceeds of any sale paid into the General Fund- shall not be
expended or disbursed for ninety days after the date of such sale, and at
any time during such period the owner or any person having an interest in
th.e motor vehicle or bicycle may, upon making proof of such ownership or
interest, recover back from such fund the proceeds of the sale, less all
the expenses of caring for such motor vehicle or bicycle, advertising and
ma ins such sale.
Section 7. All ordinances ar resolutions, or parts of ordinances
or resolutions in conflict herewith be and the same are hereby repealed.
Section 8. Should any section or provision of this ordinance or
any portion thereof, any paragraph, sentence or word, be declared by a
court of competent jurisdiction to be invalid, such decision shall not
affect the validity of the part not declared to be invalid.
FIRST READING the 21 th day of October, 1965.
SECOND, FINAL RFAnINCxS AND PASSAGE the 26th -day of October , 1965.
N(AYOR
~~T+'AT)
ATTEST:
Village Clerk