Where the owner of record of a motor vehicle seized under the provisions of this chapter makes a request, in writing and filed with the Chief of Police or the Chief of Police’s designee, for a preliminary hearing within 12 hours after seizure of the motor vehicle, the Chief of Police or the Chief of Police’s designee must conduct a preliminary hearing within 24 hours after the request for a preliminary hearing is received by the city, provided that if the date of the preliminary 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 preliminary hearing, and hearsay testimony shall be allowed, and shall be admissible;
(C) If, after the conclusion of the preliminary hearing, the Chief of Police or the Chief of Police’s designee determines that there is a probable cause to believe that the motor vehicle was used as provided in § 71.22(A) and (B), the Chief of Police or the Chief of Police’s designee shall order the continued impoundment of the motor vehicle, unless the owner of record of the motor vehicle posts a cash bond with the City in the amount of $250 for Class 1 offenses, or $500 for Class 2 offenses, and pays the towing or storage costs to the applicable tow company, as set forth in § 71.23 and § 71.25; and
(D) If the Chief of Police or the Chief of Police’s designee determine that there is not probable cause to believe that the motor vehicle was used as provided in § 71.22, 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 tow company.
(Ord. 2684, passed 4-24-2017)