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The Chief of Police, or the Chief's designee, shall keep a record in duplicate of all vehicles impounded by manufacturer's trade name or make, body type, model and license number, the names of the owners of such vehicles if the same are known, and the names and addresses of all persons claiming the same, and such other descriptive matter as may identify such vehicle, the nature and circumstances of the impounding thereof, and the violation, if any, an account of which such vehicles were impounded, the date of such impounding, the name and address of any person to whom any such vehicle is released, a record of all notices given with respect to the impounding and sale of such vehicle and a record of the sale thereof, if any. Whenever such vehicle has been sold as provided in this Chapter, one of the copies of such record shall be filed with the City Recorder with the certificate of sale and a copy of the affidavit of the giving of notice upon the impounding and sale of such vehicle.
(1979 Code § 10.76.110; amd. Ord. 94-60, 11-15-1994)
The Mayor or the Chief of Police, if so designated by the Mayor shall designate such vehicle pounds and appoint such vehicle pound keepers to have charge thereof as may be necessary or convenient to carry out the provisions of this Chapter, and agree with such pound keepers as to the terms of their service.
(1979 Code § 10.76.120; amd. Ord. 94-60, 11-15-1994)
A. Request: If a person holding an ownership interest in an impounded vehicle requests an administrative hearing pursuant to the provisions of subsection 10-8-3A2 of this Chapter, a hearing shall be conducted in accordance with the provisions of Title 4, Chapter 4, Article A of this Code.
B. Determination: The hearing examiner shall determine whether the City had probable cause, pursuant to City, State and Federal laws, to impound the vehicle in question. In appropriate cases, the hearing examiner may determine whether fees and charges should be reduced in the interest of justice. If the hearing examiner determines the impound was justified pursuant to City and state enactment, the owner or agent shall be responsible for the impound and storage fees accrued and accruing on the vehicle.
(1979 Code § 10.76.140; Ord. 94-60, 11-15-1994)
Neither the impounding or the sale of a vehicle, nor the payment of the impounding fee, storage charges and other expenses, as provided in this Chapter, shall prevent or preclude the institution and the prosecution of criminal proceedings against the owner or operator of the impounded vehicle for any public offense or prevent or preclude the imposition of civil penalties under Chapter 6 of this Title.
(1979 Code § 10.76.130; amd. Ord. 94-60, 11-15-1994)
If the City uses a vehicle impound yard established by the State, wherein the reclamation, noticing and sale of impounded vehicles is performed by the State, the requirements of Sections 10-8-2 through 10-8-6 of this Chapter shall not be followed. A person holding an ownership interest in an impounded vehicle may still request a hearing under Section 10-8-8 of this Chapter to determine whether there was probable cause to impound the vehicle.
(1979 Code § 10.76.150; amd. Ord. 94-60, 11-15-1994)