(a) Generally. Any person violating any of the provisions of this chapter and/or any condition or continuing obligation imposed by any taxicab operator’s permit, taxicab driver’s permit, or vehicle permit granted or issued is punishable pursuant to Section 1.08.040 of this code. Where the conduct subject to the violation is of a continuing nature, each day that the conduct continues constitutes a separate and distinct violation.
(b) Rules and Regulations Promulgated by the Director. The director shall have the power and authority to promulgate rules and regulations for the implementation and enforcement of the provisions of this article, and when duly promulgated, such regulations shall be in full force and effect. Violations of such regulations shall constitute a violation of this code and shall be punishable in the same manner and to the same extent as other violations of this code.
(1) If the person from whom the vehicle is impounded is not the owner, the director shall immediately give notice to the owner by first-class mail of the impounding of the vehicle. The notice shall state that the owner may file a written request with the director for a hearing before the city manager, or the city manager’s designee, to determine whether probable cause exists for the vehicle’s impoundment. Such hearing shall be held within forty-eight hours of the director’s receipt of the owner’s request.
(2) The impounded vehicle shall be immediately returned to the owner without cost if the citation issued is not prosecuted or is dismissed, the owner is found not guilty of the offense, or it is determined that the vehicle was used in violation of Section 5.48.010 or Section 5.48.200 of this chapter without the knowledge and consent of the owner. Otherwise, the vehicle shall be returned to the owner upon full payment of the citation.
(3) At any time, the owner of the impounded vehicle may make a motion in municipal court for the immediate return of the vehicle on the ground that there was no probable cause for the impoundment of the vehicle or that there is some other good cause for the return of the vehicle, as determined by the court.
(4) If the city has not received payment in full of the citation or as ordered by the city manager within six weeks of either: the date of the citation; the date of the notice to owner; or the date of any hearing, the city may dispose of the vehicle, in accordance with Section 1411 of the California Penal Code.
(Ord. 788 § 28 (part), 1999)