Where the owner of a motor vehicle seized under the provisions of this chapter requests a preliminary hearing within twelve (12) hours after the seizure of the motor vehicle, a city official must conduct a preliminary hearing within seventy two (72) business hours after the request for preliminary hearing is received by the city, not including Saturdays, Sundays, or legal holidays. For purposes of this section, the following shall apply:
A. All interested persons will be given a reasonable opportunity to be heard at the preliminary hearing.
B. The formal rules of evidence will not apply at the hearing, and hearsay testimony will be allowed, and will be admissible.
C. If, after the conclusion of the hearing, the city official determines that there is probable cause to believe that the vehicle was used as hereinabove provided in section 6-6-2 of this chapter, the city official shall order the continued impoundment of the vehicle, unless the owner of the vehicle posts a cash bond with the city in the amount of four hundred dollars ($400.00), plus the towing and storage costs.
D. If the city official determines that there is not probable cause to believe that the vehicle was used as hereinabove provided in section 6-6-2 of this chapter, the motor vehicle will be returned to the owner of record of the vehicle without any penalty or other costs, other than the towing and storage fees. (Ord. 631, 1-14-2013)