A. A vehicle impounded pursuant to section 9.19.030 shall be released to the registered owner, or the registered owner's agent, prior to the end of the impoundment period under any of the following circumstances:
1. The driver of the impounded vehicle was arrested without probable cause;
2. The vehicle is a stolen vehicle;
3. The vehicle is subject to bailment and was driven by an unlicensed employee of a business establishment, including a parking service or repair garage;
4. The driver of the vehicle is not the sole registered owner of the vehicle and the vehicle is being released to another registered owner of the vehicle who agrees not to allow the driver to use the vehicle until after the end of the impoundment period;
5. The registered owner of the vehicle was neither the driver nor passenger of the vehicle at the time of the alleged violation, or was unaware that the driver was using the vehicle to engage in activities subject to Sections 266h, 266i, 647(b), or 374.3(h) of the California Penal Code; or
6. A spouse, registered domestic partner, or other affected third party objects to the impoundment of the vehicle on the grounds that it would create a hardship if the subject vehicle is the sole vehicle in a household, and that hardship outweighs the seriousness and severity of the act in which the vehicle was used.
B. Notwithstanding any other provision of law, if a motor vehicle is released prior to the end of the impoundment period because the driver was arrested without probable cause, neither the arrested person nor the registered owner of the motor vehicle shall be responsible for the towing and storage charges.
C. Except as provided herein in subsection 9.19.060(B), the registered owner or his or her agent shall be responsible for all towing and storage charges related to the impoundment of the vehicle.
(Ord. 2558)