Chapter 10.18 VEHICLE IMPOUND RELEASE FEE

10.18.010 Purpose.

   It is the intent of this chapter to recover the costs involved in the lawful impounding of private vehicles pursuant to the specific California Vehicle Code sections which result from some unlawful act or omission by the owner or driver. This would be accomplished by establishing a fee to obtain a vehicle impound release from the police department. The vehicle impound release is evidence that the police department has removed its hold on the vehicle. The form will be required to obtain the release of the vehicle from the towing company. Through the enactment of a vehicle impound release fee, it is hoped that the persons having their vehicle impounded by the police department as a result of their disobedience of the law, will correct the unlawful conditions causing the impound and eliminate the need for further enforcement. By doing so, existing police resources can be more effectively and efficiently deployed toward higher priority safety situations. (Ord. 92-10 (part), 1992)

10.18.020 Definitions.

   Any term defined in this chapter shall have the meaning contained therein for the purpose of this chapter unless otherwise expressly stated or the content clearly indicates a different intention. (Ord. 92-10 (part), 1992)

10.18.030 Vehicle impound release fee.

   There is imposed a fee upon any vehicle's current registered owner, the legal owner, or his or her designate, seeking to obtain a vehicle impound release from the police department where such vehicle has been impounded pursuant to the provisions of the California Vehicle Code. Such a vehicle impound release indicates to the towing company in possession of the impounded vehicle that the police department no longer has a hold on the vehicle and that it is cleared to be released. The vehicle impound release fee shall be set forth by resolution. (Ord. 92-10 (part), 1992)

10.18.040 Criteria for vehicle impound release fee imposition.

   Vehicles deemed as impounded by the police department shall be subject to the imposition of the vehicle impound release fee at the time such release is sought by the owner. (Ord. 92-10 (part), 1992)

10.18.050 Exceptions to fee imposition.

   The vehicle impound release fee shall not be applied to impounded vehicles which meet any of the following criteria:

   A.   When the vehicle is a recovered stolen vehicle and the vehicle is being released to the registered owner or his/her designate [Vehicle Code Section 22651(c)];

   B.   When the vehicle was taken as evidence, or as the container of evidence or as a part of a criminal investigation and the owner of the vehicle was a witness to or a victim of a crime and not the suspect in such investigation;

   C.   When the vehicle was impounded in error;

   D.   When the chief of police or designate determines after a post-storage hearing where one has been requested, that the facts disclosed at such hearing warrant a waiver of the fee;

   E.   When the vehicle was stored pursuant to injured or ill drivers of an accident [Vehicle Code Section 22651(g)]. (Ord. 92-10 (part), 1992)