(a) Where the owner of record of a vehicle seized pursuant to this chapter makes a request of the Police Department in person and in writing for a vehicle impoundment hearing within twelve hours after the seizure, the Chief of Police or his or her designee shall conduct a preliminary hearing within twenty-four hours after the request for a preliminary hearing is received, provided that if date for a preliminary hearing falls on a Saturday, Sunday or legal holiday, the preliminary hearing will be conducted no later than the next business day.
(b) All interested persons shall be given a reasonable opportunity to be heard in an informal manner at the preliminary hearing for the purpose of determining if probable cause existed for seizure and impoundment of the vehicle under this chapter.
(c) If, after conclusion of the preliminary hearing, the Chief of Police or his or her designee determines that there is probable cause to believe that the vehicle is subject to seizure and impoundment under this chapter, the Chief of Police or his or her designee shall order the continued impoundment of the vehicle as provided herein, unless the owner of the vehicle posts a cash bond in the amount of five hundred dollars ($500.00), and provides satisfactory proof of payment of applicable towing and storage fees to the tow company.
(d) If the Chief of Police or his or her designee determines that there is not probable cause to believe that the motor vehicle was used as provided in Section 454.01, or was otherwise properly subject to seizure and impoundment, the motor vehicle shall be returned to the owner of record of the motor vehicle without any fees or other costs, but the owner of record shall be responsible to pay any towing or storage charges to the applicable tow company.
(Ord. 1608. Passed 1-25-16; Ord. 1614. Passed 3-14-16; Ord. 1743. Passed 1-25-21.)