9-12-100 Drifting.

   (a)   No person who operates a motor vehicle shall engage in drifting, as defined in Section 9-4-010, on any street, highway or other public way within the City. In addition to any other penalty provided by law, any person who violates this section shall be subject to a fine of not less than $5,000.00 nor more than $10,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.

   (b)   The owner of record of the motor vehicle used in a violation of this section shall be subject to an administrative penalty of $500 plus any towing and storage fees applicable under Section 9-92-080. Any such motor vehicle shall be subject to seizure and impoundment pursuant to this section.

   (c)   Whenever a police officer who is present at the time of the alleged violation 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 themselves as the owner of the vehicle at the time of the alleged violation or the person who is found to be in control of the vehicle at the time of the alleged violation, if there is such person, 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 by serving such person with a copy of the vehicle impoundment seizure report.

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

(Added Coun. J. 7-24-19, p. 2674, § 3; Amend Coun. J. 4-21-21, p. 29728, § 3; Amend Coun. J. 7-20-22, p. 50827, § 4)

9-12-105 Authority to impound vehicles previously used in a drifting violation.

   (a)   A police officer may seize and impound a vehicle previously used in violation of Section 9-12-100 when the operator or owner of the vehicle is not present, provided that the requirements of this section are met. Before any seizure or impoundment under this section, the Department of Police shall send to the owner of record of the vehicle to be seized and impounded, either by first class mail or by messenger to the address of the owner of record as indicated in state registration records, a notice of intent to seize and impound the vehicle that includes: (i) a statement that the an operator of the vehicle violated Section 9-12-100 by engaging in drifting as defined in Section 9-4-010; (ii) the date, approximate time and approximate location of the alleged violation; (iii) a description of the vehicle, including the vehicle make and color, and the vehicle's license plate number with the issuing state; and (iv) the owner's opportunity to contest eligibility for impoundment. A copy of the notice shall be forwarded to the Department of Administrative Hearings. A notice is presumed to be delivered upon being deposited with the United States Postal Service with proper postage affixed.

   (b)   An owner of record who receives a notice pursuant to this section may contest eligibility for impoundment by written request delivered to the Department of Administrative Hearings, postmarked within 14 days after the delivery of the notice. The Department of Administrative Hearings shall set a date for a hearing on the eligibility of the vehicle for impoundment, and shall notify the owner of the date, time, and place of the hearing. The hearing date must be no more than 30 days after a request for a hearing has been filed. At the hearing the Department's evidence of probable cause shall be considered prim a facie correct. In order to disprove the vehicle's eligibility for impoundment, the owner of record must prove that:

      (1)   at the time and date of the alleged violation as described in the notice, the described vehicle was not operated within the City; or

      (2)   the vehicle used in the violation was stolen at the 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; or

      (3)   the license information described in the report does not match the listed make of the described vehicle.

   If the owner of record prevails, the notice of intent to impound the owner's vehicle shall be withdrawn and the vehicle shall not be eligible for impoundment under this section.

   (c)   If a vehicle owner receives a notice pursuant to this section and: (i) fails to contest eligibility or; (ii) does not prevail in the contest of eligibility, the vehicle described in the notice shall be eligible for impoundment if found on the public wav within 12 months following the conclusion of the contest, if a contest was requested, or following the last date to request a contest, if none was requested. Provided, however, if the owner of the vehicle that is eligible for impoundment under this subsection pays the administrative penalty provided in subsection (d) any time before such vehicle is impounded, the vehicle shall not be eligible for impoundment.

   (d)   The owner of a vehicle eligible for impoundment under this section shall be subject to an administrative penalty of $500. If such vehicle is impounded, the owner of the vehicle shall be subject to the administrative penalty plus the applicable cost of towing and storage of the vehicle under Section 9-92-080.

(Added Coun. J. 7-20-22, p. 50827, § 5)

9-12-110 Non-highway vehicles.

   It is unlawful for any person to drive or operate a non-highway vehicle upon any street, highway, roadway, or any public property in the City; provided, however, that this prohibition shall not apply to any non-highway vehicle used for government or public safety purposes, or to any non-highway vehicle used in connection with any activity or event when the City license or permit issued for such activity or event specifically allows for the use of such vehicles. In addition to any other penalty provided by law, any person who violates this section shall be subject to a fine of not less than $500 nor more than $1,000 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.

   The owner of record of the non-highway vehicle used in a violation of this section shall be subject to an administrative penalty of $500 plus any towing and storage fees applicable under Section 9-92-080. Any such motor vehicle shall be subject to seizure and impoundment pursuant to this section.

   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 themselves as the owner of the vehicle at the time of the alleged violation or the person who is found to be in control of the vehicle at the time of the alleged violation, if there is such person, 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 by serving such person with a copy of the vehicle impoundment seizure report.

   Section 2-14-132 shall apply whenever a non-highway vehicle is seized and impounded pursuant to this section.

(Added Coun. J. 4-21-21, p. 29728, § 4)