(A) The owner of record of any motor vehicle that contains any illegal fireworks shall be subject to seizure and impoundment pursuant to this section.
(B) Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this section, the police officer shall provide for the towing of the vehicle to a facility controlled by the city or its agents when the vehicle is towed, the police officer shall notify the person who is found to be in control of the vehicle at the time of the alleged violation, if there is such a person, of the fact of the seizure and of the vehicle owner’s right to request a preliminary hearing to be conducted under this chapter.
(C) This section shall not apply if:
(1) The vehicle used in the violation was stolen at the time and the theft was reported to the appropriate police authorities within 24 hours after the theft was discovered or reasonably should have been discovered;
(2) The vehicle is operating as a common carrier and the violation occurs without the knowledge of the person in control of the vehicle;
(3) The alleged owner provides adequate proof that the vehicle had been sold to another person prior to the violation; or
(4) The owner proves that the presence of the fireworks was permissible pursuant to division (F) below.
(D) The provisions of this section shall apply whenever a motor vehicle is seized and impounded pursuant to this chapter.
(E) As used in this section, the OWNER OF RECORD of a vehicle means the record titleholder.
(F) Nothing contained in this section dealing with fireworks shall be construed as applying to the transportation of any article or thing shipped in conformity with the regulations prescribed by the Interstate Commerce Commission, nor as applying to the military or naval forces of the United States.
(Prior Code, § 73.08) (Ord. 05-O-1837, passed 7-3-2005) Penalty, see § 73.99