(A) (1) Refusal to pay impounding costs; affidavit. Whenever an owner, his agent, or representative fails or refuses to pay expenses of removal and storage of a vehicle impounded, in addition to and separate from the penalty incurred by him, the police officer discovering the vehicle parked or left standing, illegally, shall file or cause to be filed, in any court having jurisdiction, an affidavit charging the owner, his agent, or representative with the committed offense. The person so charged shall be cited to appear on a certain day and hour to answer and stand trial upon the charge. The police officer shall be present and assist in the prosecution of the charge.
(2) Pending a hearing upon the charge, the owner, his agent, or representative may obtain possession of the impounded vehicle by filing a bond with the clerk of the court of $25, or in another reasonable sum fixed by the judge of the court, conditioned upon the appearance of the owner, his agent or representative before the court at the day and hour set for trial, to answer the charge in the affidavit.
(3) In the event the judge finds the vehicle to have been parked illegally, the judge shall, in all instances, not only assess the penalty prescribed herein, or by law for the violation, but in addition thereto, shall determine and assess against the defendant whatever amount, within the limits prescribed by this chapter, the judge finds from the evidence is a fair and equitable reimbursement to the city or other persons, for the removal expense and for impounding and storage of the vehicle. However, in no event, shall the sum assessed for impounding be more than the maximum amount in this chapter, but the charge shall be additional to the assessment of the reasonable charges for the storage of the vehicle, not exceeding the storage charges herein provided for.
(B) Returning car to owner. In the event that the judge finds from the evidence that the vehicle was not parked or left standing in violation of any provisions of this code, or other ordinance or statute, as charged in the affidavit, the judge shall order the car restored to the owner, agent or representative without any penalty or the assessment of any charges made against him.
('67 Code, § 71.04) (Ord. 10-1964, passed 9-21-64) Penalty, see § 75.99