(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 Village. When the vehicle is towed, the Village shall notify or make a reasonable attempt to notify the owner of record, lessee, or person identifying himself or herself as the owner or lessee of the vehicle, if there is such a person, of the fact of the seizure and of the owner of record's or lessee's right to request a preliminary hearing and to participate in a plea/evidentiary hearing, as provided in this chapter. The Village shall also provide notice that the motor vehicle shall be impounded pending the completion of the hearings provided for in this chapter, unless the owner of record or lessee of the motor vehicle, or a lien holder of record of the motor vehicle, posts with the Village a cash bond and pays all towing and storage fees, as set forth in Section 428.04 below.
(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. If in the judgment of the police officer then present, a person authorized by the owner of record or the operator of the motor vehicle is present and capable to provide for the lawful immediate removal of the motor vehicle, and said motor vehicle is not required to be held as evidence in regard to the violation, the police officer shall allow that individual to promptly remove the motor vehicle without it being subject to seizure and impoundment if seizure and impoundment of the motor vehicle is discretionary pursuant to Section 428.02(h) above or seizure and impoundment of the motor vehicle is contemplated pursuant to Sections 428.02(a) through (g) above.
(Ord. 2011-31. Passed 7-11-11; Ord. 2012-06. Passed 2-27-12.)