(A) Whenever a police officer has probable cause to believe that a motor vehicle is subject to seizure and impoundment pursuant to this chapter, the police officer shall cause the motor vehicle to be removed or towed to a facility authorized by the city. When the motor vehicle is removed or towed, the police officer shall notify any person identifying himself or herself as the owner of record of the motor vehicle, or any person who is found to be in control of the motor vehicle at the time of the alleged violation(s), if there is such a person, that the motor vehicle has been seized and that the owner of record has a right to request a preliminary hearing as provided in this chapter. The motor vehicle shall be impounded pending the completion of the hearings provided for in this chapter, unless the owner of record of the motor vehicle posts a cash bond with the city as set forth in § 78.04 of this chapter.
(B) A police officer who has probable cause to believe that a motor vehicle is subject to seizure and impoundment pursuant to this chapter shall first ascertain whether the seizure and impoundment is necessary and reasonable under the circumstances. Before a vehicle is towed, if in the judgment of the police officer then present, a person authorized by the owner or operator of the vehicle is present and able to provide for the lawful immediate removal of the vehicle, the vehicle will be released to that person for prompt removal, and if the prompt removal occurs, no administrative penalty will be imposed upon that vehicle.
(Ord. 09-23, passed 11-10-09)