Where the owner of a motor vehicle seized under the provisions of the chapter requests a preliminary hearing within 12 hours after the seizure of the motor vehicle, the watch commander or any supervising officer must conduct a preliminary hearing within 24 hours after the request for a preliminary hearing is received by the city; provided that if the date for the hearing falls on a Saturday, Sunday or legal holiday, the preliminary hearing will be held on the next business day following the Saturday, Sunday or legal holiday. For purposes of this section, the following shall apply.
(A) All interested persons shall be given a reasonable opportunity to be heard at the preliminary hearing.
(B) The formal rules of evidence shall not apply at the hearing, and hearsay testimony will be allowed and shall be admissible.
(C) If, after the conclusion of the hearing, the watch commander or supervising officer determines that there is probable cause to believe that the vehicle was used as hereinabove provided in § 70.35 above and that no driver fulfilling all of the criteria set forth in § 70.37 above was available to remove the motor vehicle from the scene of the traffic stop, the watch commander or supervising officer shall order the continued impoundment of the vehicles, unless the owner of the vehicle posts a cash bond with the city in the amount of $500, plus the towing and storage costs.
(D) If the watch commander or supervising officer determines that there is not probable cause to believe that the vehicle was used as hereinabove provided in § 70.35 above, or that an alternative driver fulfilling all of the criteria set forth in § 70.37 above was available to safely remove the motor vehicle from the scene of the traffic stops, then the motor vehicle shall be returned to the owner of record of the vehicle without any penalty or other costs.
(Ord. 2015-09-0557O, passed 9-22-2015)