Whenever the owner of a motor vehicle seized pursuant to this chapter requests a preliminary hearing, the owner must make a request for said preliminary hearing within 72 hours of the seizure impoundment. The request shall be made in person and in writing at the Lockport Police Department, Monday – Friday, excluding holidays, 8:00 a.m. – 4:30 p.m. using the Tow Hearing Request Form. If the request for a preliminary hearing is timely filed, the Chief of Police or his designee shall conduct such preliminary hearing within 24 hours after the request, or by a date mutually agreeable to the parties, Monday – Friday, excluding holidays, 8:00 a.m. – 4:30 p.m. All interested persons shall be given a reasonable opportunity to be heard at the preliminary hearing. The formal rules of evidence will not apply and hearsay evidence shall be admissible. If, after the preliminary hearing, the Chief of Police or his designee determines there is probable cause to believe that the motor vehicle is subject to seizure and impoundment pursuant to this chapter, the Chief of Police or his designee shall order the continued impoundment of the motor vehicle, as provided in this chapter, unless the owner of the motor vehicle posts with the village a cash bond in an amount equal to the fees as set forth in § 76.03. The Chief of Police or his designee will then set the matter for a hearing as set forth in § 76.07, unless the owner affirmatively waives the right to a hearing. However, if the Chief of Police or his designee finds that no such violation occurred, the Chief of Police or his designee shall order the return of the motor vehicle or cash bond, but the owner shall be responsible for any towing and storage charges.
(Ord. 08-751, passed 1-9-08)