(a) Any law enforcement official who arrests any person engaged in conduct that violates Section 23109.2 of the California Vehicle Code, as may be amended from time to time, shall impound the vehicle for for1
30 days.
(b) Except as specified in California Vehicle Code Section 23109.2(c)-(d), any vehicle impounded under subsection (a), above, shall be released only (1) if the District Attorney fails to charge the registered owner or operator of the vehicle with violating Section 23109 et. seq.1
of the California Vehicle Code, (2) the District Attorney or the court directs the law enforcement official to release the vehicle, or (3) there is no other legal basis to hold the vehicle.
(c) If the District Attorney charges a person with a violation of Section 23109 et. seq.1
of the California Vehicle Code, law enforcement official shall retain the vehicle used in the Vehicle Sideshow at least until the conclusion of the criminal action unless the District Attorney or the court orders the release of the vehicle.
(d) If the defendant is charged with and convicted of violating Section 23109 et. seq.1
of the California Vehicle Code and the defendant’s vehicle was impounded and not subject to return under 23109.2 of the California Vehicle Code, law enforcement officials may either sell the vehicle at a public auction or destroy it if the vehicle has little to no value.
(e) Nothing in this Article 56 shall override any applicable provisions in the California Vehicle Code.
(f) This Article 56 shall be construed and enforced consistent with the First Amendment of the United States Constitution.
CODIFICATION NOTE
1. So in Ord. 239-24.