If the owner of record of a vehicle impounded pursuant to this subchapter desires to appeal the impoundment, the owner must make a request for hearing within 24 hours of the impoundment, excluding Saturdays, Sundays and village holidays. The request shall be in writing and filed with the Chief of Police or his or her designee, who shall conduct the preliminary hearing within 48 hours after receipt of the request, excluding Saturdays, Sundays and village holidays. All interested persons shall be given a reasonable opportunity to be heard at the preliminary vehicle impoundment hearing. The formal rules of evidence shall not apply at the hearing and hearsay evidence shall be admissible only if it is the type commonly relied upon by reasonably prudent persons in the conduct of their affairs. If, after the hearing, the Chief of Police or his or her designee determines there is probable cause to believe that the vehicle is subject to impoundment pursuant to this subchapter, he or she shall order the continued impoundment of the vehicle as provided in this subchapter, unless the owner of the vehicle posts with the village a cash bond in the amount of $500 and pays the tower any applicable towing and storage fees. If the Chief of Police or his or her designee determines that there is no probable cause, the vehicle will be returned without penalty or other fees.
(Ord. 2038, passed 4-21-2011; Ord. 2576, passed 11-5-2020)