(A) Unless the news rack and its contents are being held as evidence in a criminal prosecution, the permittee or, if there is no known permittee, a claimant who provides sufficient proof of ownership, of an impounded news rack may, at any time up to and including the 30th day after the impounding, and if a hearing pursuant to this chapter is held concerning the news rack, may, at any time up to and including the 30th day after the decision at such hearing becomes final, obtain a return of the news rack and its contents, upon paying an impound fee of $100 plus the reasonable additional cost, if any, of impounding the news rack in excess of $100.
(B) After a hearing in accordance with this chapter, the Director may order the news rack returned without payment of any impound fee; or, if an impound fee has previously been paid, may order return of any such impound fee.
(C) A court before whom criminal charges concerning an impounded news rack are pending, may, upon dismissal of the charges or a finding of acquittal, at its discretion, order an impounded news rack returned without payment of an impound fee or the return of the impound fee paid.
(D) If a hearing on the impounding of a news rack is not timely requested, or if the requirements for the return of a news rack are not complied with, the Police Chief or the Director or their designates may sell or otherwise dispose of the news rack and its contents, and deposit the proceeds, if any, from any such sale or other disposition, and any moneys contained in the news rack, in the city treasury, in the case of impounding by the police, or in the road fund, in the case of impounding by the Director.
(Ord. 3109 § 2 (part), 2012)