6-5-5: PRELIMINARY HEARING:
If the owner of record of a vehicle impounded pursuant to this chapter desires to appeal the impoundment, said owner must make a request for hearing within twenty four (24) hours of the impoundment, excluding Saturdays, Sundays and village holidays. Said request shall be in writing and filed with the chief of police, or his designee, who shall conduct such preliminary hearing within forty eight (48) hours after receipt of the request, excluding Saturdays, Sundays and village holidays. All interested persons shall be given a reasonable opportunity to be heard at the preliminary vehicle impoundment hearing. The formal rules of evidence shall not apply at the hearing and hearsay evidence shall be admissible only if it is the type commonly relied upon by reasonably prudent persons in the conduct of their affairs. If, after the hearing, the chief of police or his designee determines there is probable cause to believe that the vehicle is subject to impoundment pursuant to this chapter, he shall order the continued impoundment of the vehicle as provided in this chapter unless the owner of the vehicle posts with the village a cash bond in the amount of five hundred dollars ($500.00) and pays the tower any applicable towing and storage fees. If the chief of police or his designee determines that there is no such probable cause, the vehicle will be returned without penalty or other fees. (Ord. G-875, 11-25-2008)