(A) In a pre-tow hearing required by this section, the Hearing Officer shall only determine that as to the vehicle in question either:
(1) There is probable cause to impound and tow the vehicle; or
(2) There is no such probable cause. In the event that the Hearing Officer determines that there is probable cause to impound and tow the vehicle, the Hearing Officer shall prepare and date a certificate of probable cause which will authorize the Police Department to impound and tow the vehicle. In the event that the Hearing Officer determines that there is no probable cause to impound and tow the vehicle, the Hearing Officer shall prepare and date a certificate of no probable cause which will prohibit the Police Department from impounding and towing the vehicle. Copies of the certificate of probable cause or the certificate of no probable cause, whichever is appropriate, shall be given to the registered owner or person who has legal entitlement to possession of the vehicle and the Police Department.
(B) In a post-tow hearing required by this section the Hearing Officer shall only determine that as to the vehicle in question either:
(1) There was probable cause to impound and tow the vehicle; or
(2) There was no such probable cause. In the event that the Hearing Officer determines that there was probable cause to impound and tow the vehicle, the Hearing Officer shall prepare and date a certificate of probable cause, copies of which shall be given to the Police Department, the commercial towing service having possession of the vehicle, and the owner of the vehicle. Upon receipt of a certificate of no probable cause, the commercial towing service having possession of the vehicle shall release the vehicle to its owner. Upon a finding of no probable cause, the village shall pay the towing and storage fees in accordance with an agreement made between the village and the commercial towing service. If the owner of the vehicle fails to present the certificate of no probable cause to the commercial towing service having possession of the vehicle within 24 hours of its receipt (excluding such days when the commercial towing service is not open for business), the owner of the vehicle shall assume liability for all subsequent storage charges.
(Ord. 535, passed 4-7-1997)