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(A) Probable cause. Whenever a police officer has probable cause to believe that a motor vehicle is subject to seizure and impoundment pursuant to this chapter, the police officer shall cause the motor vehicle to be removed or towed to a facility authorized by the village. When the motor vehicle is removed or towed, the police officer shall notify any person identifying himself or herself as the owner of record of the motor vehicle or any person who is found to be in control of the motor vehicle at the time of the alleged violation(s), if there is such a person, of the fact of the seizure as provided in this section. Said motor vehicle shall be impounded pending the completion of the hearing provided for in this section, unless the owner of record of the motor vehicle posts with the village a cash bond as set forth in this Section § 76.03.
(B) Necessary and reasonable. A police officer who has probable cause to believe that a motor vehicle is subject to seizure and impoundment pursuant to this chapter shall first ascertain whether the seizure and impoundment is necessary and reasonable under the circumstances. If in the judgment of the police officer then present, a person authorized by the owner of record or the operator of the motor vehicle is present and capable to legally provide for the immediate removal of the motor vehicle, and said motor vehicle is not required to be held as evidence in regard to the violation, the police officer may allow that individual to promptly remove the motor vehicle without it being subject to seizure and impoundment if seizure and impoundment of the motor vehicle is discretionary pursuant to §76.02 or seizure and impoundment of the motor vehicle is contemplated pursuant to § 76.02.
(C) Posting bond. If a bond in the amount of $200 is posted with the village, the impounded motor vehicle shall be released to the owner of record, upon the payment by the owner of record of the towing and storage costs to the applicable towing company. If an administrative fee is imposed pursuant to § 76.04, the bond will be applied to said fee, provided that in the event that a violation of this chapter is not proven, the bond shall be returned to the person posting the bond. All bond money posted pursuant to this section shall be held by the village until a hearing officer issues a decision, or, if there is a judicial review, until a reviewing court issues a final decision.
(D) Preliminary hearing. Where the owner of a motor vehicle seized under the provisions of this chapter makes a request in writing and files with the chief of police or his/her designee, for a preliminary hearing within 24 hours after the seizure of the motor vehicle, the chief of police or his/her designee must conduct a preliminary hearing within 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:
(1) All interested persons shall be given a reasonable opportunity to be heard at the preliminary hearing.
(2) The formal rules of evidence shall not apply at the preliminary hearing, and hearsay testimony shall be allowed, if it is the type commonly relied upon by reasonably prudent persons in the conduct of their affairs.
(3) If, after the conclusion of the hearing, the chief of police or his/her designee determines that there is probable cause to believe that the motor vehicle was used as provided in § 76.02, the chief of police or his/his designee shall order the continued impoundment of the motor vehicle, unless the owner of record posts a cash bond with the village in the amount of $200 and pays the towing and storage costs to the applicable towing company, as set forth in § 76.04.
(4) If the chief of police or his/her designee determines that there is not probable cause to believe that the motor vehicle was used as provided in § 76.04, the motor vehicle shall be returned to the owner of record of the motor 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 towing company.
(Ord. 14-02, passed 1-13-2014)