(A) The impounding law enforcement officer shall have the burden of proving, by a preponderance of evidence, that there were reasonable grounds to believe that the vehicle was being operated in violation of ORS 806.010.
(B) If the Judge finds that the impoundment of the vehicle was proper, the Judge shall enter an order supporting the removal and shall find that the owner or person in possession of the vehicle is liable for the usual and customary towing and storage costs. The Judge may also find the owner or person in possession of the vehicle liable for costs of the hearing. Such costs of the hearing shall become a lien upon the vehicle.
(C) If the Judge finds that the impoundment of the vehicle was improper, the Judge shall order the vehicle released to the person entitled to possession and shall enter a finding that the owner or person entitled to possession of the vehicle is not liable for any towing or storage costs resulting from the impoundment; and, if there is a lien on the vehicle for towing and storage charges, the Judge shall order it paid by the City.
(Ord. 539, passed 8-1-1995)