A. Seized Vehicles.
1. Notwithstanding the provisions of this Chapter, the Police Department shall return a seized vehicle, and that vehicle shall not be subject to forfeiture, upon the determination of any of the following circumstances:
(a) The vehicle was actually stolen, provided that:
(1) The theft was reported to a law enforcement agency prior to the reporting of the vehicle’s use in violation of this Chapter to the Police Department or other City department;
(2) The identity of the registered owner can be reasonably ascertained; and
(3) The registered owner redeems the vehicle within thirty (30) days of the seizure.
(b) The vehicle is owned by a bona fide rental car agency, provided that the vehicle’s use in violation of this Chapter was made without the agency’s knowledge and consent.
(c) The vehicle is owned by the employer of the person who used it in violation of this Chapter, provided that:
(1) The use was made without the employer’s knowledge and consent;
(2) The use did not provide a direct benefit to the employer’s business; and
(3) The use did not further or advance the employer’s business interests in any way, and the use was of such nature that had the employer known, the use would have resulted in termination or substantial discipline.
(d) The vehicle is legally owned as community property, provided that:
(1) The vehicle is the sole vehicle available to the immediate family of the driver or possessor from whom the vehicle was seized that may be operated with a Class C driver’s license;
(2) The community property interest owner, other than the driver or possessor from whom the vehicle was seized, enters into a written, stipulated vehicle release agreement pursuant to Section 9.80.100.B. as consideration for the non-forfeiture of the vehicle;
(3) The community property interest owner submits written proof of that interest, presents his or her valid driver’s license or a valid driver’s license for an authorized driver, presents proof of valid registration and insurance and pays all towing and storage fees or reimburses the City for any and all towing and/or storage fees incurred; and
(4) The vehicle was not used in a street race that directly resulted in the death or serous injury of any person.
B. Stipulated Vehicle Release Agreement.
1. The City Attorney shall prepare the stipulated vehicle release agreement. The agreement, at minimum, shall provide for the following:
(a) Consent of the community property interest owner signing the agreement to the automatic future seizure and forfeiture of, and transfer of title to the City, of the vehicle identified in the agreement upon any subsequent use of the vehicle in violation of this Chapter.
(b) Seizure pursuant to this Section shall be made with a seizure order issued by the Superior Court. The supporting affidavit or declaration shall include a copy of the agreement and a certified copy of this Chapter; and
(c) Any other provision deemed appropriate in the sole discretion of the City Attorney.
2. The City Attorney shall send written notice to the Department of Motor Vehicles, Registration Operations Division, Involuntary Transfer Section within ten (10) business days of the date the vehicle is seized.
C. Vehicles that have not been Seized. Notwithstanding the provisions of this Chapter, vehicles subject to seizure and forfeiture that have not been seized, and which otherwise meet the criteria set forth in Section 9.80.100.A., shall not be the subject of any seizure order, petition for forfeiture or forfeiture proceeding.