(A) A vehicle subject to forfeiture under this chapter may be seized by any peace officer of the city upon process issued by any court having jurisdiction over the vehicle. Seizure without process may be made if any of the following situations exist:
(1) The seizure is incident to an arrest or a search under a search warrant.
(2) There is probable cause to believe that the vehicle was used or is intended to be used for the purpose of acquiring or attempting to acquire a controlled substance, illegal dumping, pandering, pimping, or prostitution.
(3) There is probable cause to believe that the vehicle is directly or indirectly dangerous to the health or safety of persons or property.
(B) The city may notify the Franchise Tax Board of a vehicle seized where there is reasonable cause to believe that the value of the seized vehicle exceeds $5,000.
(C) Receipts for vehicles seized pursuant to this chapter shall be delivered to any person out of whose possession such vehicle was seized, in accordance with Cal. Penal Code § 1412. There shall be a presumption affecting the burden of proof that a person to whom a receipt was issued is the owner thereof. This presumption may, however, be rebutted at the forfeiture hearing specified in § 95.5.09.
(Ord. 1218, passed 11-19-03)