15-20-270 Unlawful fireworks in motor vehicle – Impoundment.

   (a)   The owner of record of any motor vehicle that contains any illegal fireworks shall be liable to the city for an administrative penalty of $500.00 plus any towing and storage fees applicable under Section 9-92-080 . Any such vehicle shall be subject to seizure and impoundment pursuant to this section. This subsection shall not apply: (1) if the vehicle used in the violation was stolen at that time and the theft was reported to the appropriate police authorities within 24 hours after the theft was discovered or reasonably should have been discovered; (2) if the vehicle is operating as a common carrier and the violation occurs without the knowledge of the person in control of the vehicle; (3) if the owner proves that the presence of the fireworks was permissible pursuant to Section 15-20-250; or (4) if the only illegal fireworks present in the vehicle are sparklers.

   (b)   Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this section, the police officer shall provide for the towing of the vehicle to a facility controlled by the city or its agents. Before or at the time the vehicle is towed, the police officer shall notify any person identifying himself as the owner of the vehicle or any person who is found to be in control of the vehicle at the time of the alleged violation, of the fact of the seizure and of the vehicle owner's right to request a vehicle impoundment hearing to be conducted under Section 2-14-132 of this Code.

   (c)   The provisions of Section 2-14-132 shall apply whenever a motor vehicle is seized and impounded pursuant to this section.

(Added Coun. J. 6-9-99, p. 5378; Amend Coun. J. 12-15-99, p. 21529, § 1; Amend Coun. J. 9-5-07, p. 6884, § 2)

 

Notes

9-92-080

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