[Amended 10-11-2021 by Ord. No. 74-2021; 3-25-2024 by Ord. No. 18-2024]
A. Penalties. The penalty for a violation of this section relating to the operation of motorized devices and all-terrain vehicles shall be forfeiture of the vehicle. Automatic forfeiture shall apply to all subsequent violations of this section.
B. Notices of violation and a seizure notice shall be issued by the Police Department. Contested charges shall be resolved, penalties shall be imposed, and payments shall be collected and processed by the Police Department.
C. Seizure. In addition to the notice of violation, whenever a police officer has probable cause to believe a vehicle has been used or is being used in violation of this section, the officer may seize the vehicle. The vehicle shall be stored at a secure location as determined by the Public Works and Police Departments until the final adjudication of the offense.
D. Forfeiture. Forfeiture, other than voluntary forfeiture (as set forth below) by the owner, of the impounded vehicle shall be approved or rejected by the Code and License Appeals Board though an appeal by the defendant or vehicle owner. If an appeal hearing is not requested within 30 days of the date of the seizure notice, the Police Department shall issue a list of vehicles with a copy of the violation notices and seizure notices to the Code and License Appeals Board for approval or rejection.
(1) If forfeiture is not awarded, the Police Department shall return the vehicle to the owner after:
(a) The owner pays all penalties and fees for the seizure, tow and storage of the vehicle defined herein; and
(b) The owner provides proof of registration, title and proof of insurance.
(2) If forfeiture is awarded, the Police Department shall dispose of the vehicle in an appropriate manner which may include destruction of the vehicle to reduce the opportunity for the vehicle to be used in any manner that would violate this section.
(3) If the Police Department cannot identify the legal owner of the impounded vehicle within 45 days, the Department shall file a request for forfeiture that includes the methods used to determine the ownership of the vehicle with the Code and License Appeals Board. The Board shall approve or reject the request at their next meeting. If the request is approved the vehicle(s) shall be immediately destroyed.
E. Voluntary Forfeiture. Any person to whom a ticket is issued may, if he provides proof that he is the registered owner of the vehicle, within 45 days of the date of the seizure notice, agree to forfeit the vehicle in lieu of contesting the violation and in lieu of other fines and penalties or file an appeal with the Code and License Appeals Board.