The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1954-03-31
CIRCUIT COURT JUDGE

were legally parked.
The Navy spokesman added:
Sin 1852 the city did an excellent
lob of revising the ordinances and
in drawing up City Code. Any
ordinances that were omitted from
that code were automatically re-
pealed.
apparently" the spokesman
added. 1.-The city police are not
aware that there is no ordinance
prohibiting the parking of cars af-
ter midnight"
Today's Decree
In his order today, Judge Lopez
wrote that he did thereby order,
adiudge and decree that any own
er of an automobile which has been
impounding on the sole grounds that
said automobile was found upon
the streets of defendant city past
midnight and-or all night during
any day or any number of conse-
cutive days, and which automobile
was in all other respects legally
parked, will be awarded posses
sion of said automobile by paying
to the clerk of this court the sum
of money which the said defendant
demands as the cost of removing
said automible from the streets
but not to exceed five dollars per
said automobile from the streets
by said clerk pending the adjuca-
ton of the above law suit"
The order further said that the
car shall be surrendered to its own
er when the owner shows a receipt
signed by the clerk of the Circuit
Court.
Cars Being Held
The Navy spokesman also said
that he knew of two cars belong
ing to enlisted men which were
being held by Sgt. Caraballo's gar
age.
Certified copies of the court or
der will be served On the city and
on Sgt. Carballo today, the Navy
spokesman said.
One of the impounded cars was
parked on South Street and the
other on Grinnell Street, the
spokesman added.
He said neither car was parked
in restricted zone and that both
cars were parked legally.
Petition Presented
In his petition asking for an in
junction to stop the City of Key
West and Sgt. Carballo from tow
ing away legally parked cars, Ems.
Blair wrote that he believed that
the Police Department of said City
of Key West, by and through its
officers, agents, and employees,
has upon several occasions in the
past removed from the streets of
said city and impounded automo-
bile owned by other persons and
which were in all respects legally
and lawfully parked upon said
streets, upon the sole grounds and
for the sole reason that said auto
mobiles were found upon said
streets after the hour of midnight.
The petition further said that two
cars are being withheld from the
owners by the city police and that
the police have refused to surrend-
er the cars until the owners pay
the cost of towing.
Police Stand Cited
"And," added the petition, "said
Police Department has advised
said owners that any automobile
found upon the streets of said city,
after midnight is per Sc, Illegally
parked by virtue of an ordinace of
the City of Key West"
The petition said Sgt. Caraballo
had removed cars from the streets
Eat the request of and as agent
for said Police Department" on the
same grounds that the cars
were parked after midnight.
The petition also said that the
police and other city officers
had "admonished the plaintiff that
the aforementioned ordinance
which forbids the parking of an
automobile upon the streets of the
City of Key West after midnight
is in full force and effect"
Search Of City Code
Ems. Blair in his petition said he
had made "a thorough, exhaus-
tive, and diligent search of the
Code of the City of Key West,
Florida, 1852, and as a result of
said search" could not find an
ordinance or regulation banning
parking after midnight.
In his petition, Ems. Blair also
said he had asked the police to
disclose to him the citation, pub
LEGATION, or whereabouts of such
a law" but that the Police De-
partment "has hitherto utterly
failed, refused and neglected so
to do, yet, contending steadfastly
all the while that such a law,
ordinance, or regulation most as
suredly does exist and is in full
force and effect"
The petition further states that
the plaintiff alleges that no such
law or ordinance exists and that he
may lawfully park his car after
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