(A) Opportunity for hearing. The owner of a vehicle towed as an immediate tow, by or pursuant to the authority of the Police Department as set forth herein, shall be provided the opportunity for a post-tow hearing to determine the validity of such tow and any towing or storage charges. The hearing will not be determinative of, or adjudicate, any citation issued relative to any towed vehicle.
(B) Nature of the hearing and hearing officer. The nature of the hearing and the appointment of the hearing officer shall be the same as set forth above in § 90.33(D) and (E) of this chapter.
(C) Schedule of post-tow hearings. Hearings shall take place as follows.
(1) In those instances where the vehicle has been released upon the deposit of the full payment currently owed for towing and storage charges, and the owner has properly requested a hearing, the hearing shall take place within 15 days after the release of such vehicle, unless the owner requests a later date convenient to all parties.
(2) In those instances where the vehicle remains impounded, the hearing shall take place, at the option of the owner:
(a) On the next day after an owner’s demand for such hearing, excluding Saturdays, Sundays and holidays; if such demand is made after 1500 hours (3:00 p.m.), or if the unavailability of a necessary witness or evidence creates a particular difficulty in conducting the hearing on the next calendar day, then a hearing shall be held on the second day following the request, excluding Saturdays, Sundays and holidays; or
(b) If acceptable to the owner, within 15 days of said request on a date convenient to all parties.
(D) Conduct of post-tow hearing. The Hearing Officer shall review all evidence presented by the vehicle owner and the Police Department or other municipal employees, and shall make a finding based upon the preponderance of the evidence presented, as to the lawful authority for the towing and storage of the vehicle. The municipality must establish such authority by a preponderance of the evidence.
(E) Post-tow hearing decision. For each hearing, the Hearing Officer shall complete a post-tow hearing decision and attach such decision to the Police Department’s original vehicle towing report, and supply a copy of the decision to the owner by personal delivery if the owner is present, otherwise by mail. The decision and findings shall be substantially as stated in the form for the post-tow hearing decision, set forth in Appendix A, § 3, of this chapter.
(F) Reports and documents to be retained; contesting decisions. All originals or copies of the notices, post- tow hearing decisions, towing reports and any associated police reports or documents shall be retained by the Police Department for a period of at least five years after each hearing or after each tow if no hearing was requested or held. The municipality or the owner may contest the decision of the Hearing Officer in any manner provided by law.
(G) Towing services subject to this subchapter. Notwithstanding any other ordinance or statutory provisions to the contrary, any towing service operator authorized to perform tows on behalf of the municipality must perform its services subject to the provisions of this subchapter. If a tow or the charge for a tow is found by a court to be illegal and the towing service operator is required to return the charge for the tow to the owner of the vehicle, the municipality shall not be liable to reimburse the operator for the towing charges.
(Prior Code, § 90.30) (Ord. 85-O-1183, passed 7-3-1985)