Where the owner of a motor vehicle seized under the provisions of this chapter requests a preliminary hearing within twelve (12) hours after the seizure of the motor vehicle in writing and filed with the chief of police or the chief of police's designee, the chief of police or the chief of police's designee must conduct a preliminary hearing within twenty four (24) hours after the request for a preliminary hearing is received by the village; provided that if the date for the hearing falls on a Saturday, Sunday, or legal holiday, the preliminary hearing will be held on the next business day following the Saturday, Sunday or legal holiday. For purposes of this section, the following shall apply:
A. All interested persons shall be given a reasonable opportunity to be heard at the preliminary hearing.
B. The formal rules of evidence shall not apply at the hearing, and hearsay testimony shall be allowed, and shall be admissible.
C. If, after the conclusion of the hearing, the chief of police or the chief of police's designee determines that there is probable cause to believe that the vehicle was used as hereinabove provided in section 6-17-2 of this chapter, he or she shall order the continued impoundment of the vehicle, unless the owner of the vehicle posts a cash bond with the village in the amount of five hundred dollars ($500.00), and pays the towing and storage costs to the applicable tow company.
D. If the chief of police or the chief of police's designee determines that there is not probable cause to believe that the vehicle was used as provided in section 6-17-2 of this chapter, the motor vehicle shall be returned to the owner of record of the vehicle without any fees or other costs, but the owner of record shall be responsible to pay any towing or storage charges to the applicable tow company. (Ord. O2008-45, 8-12-2008)