Where the owner of a vehicle seized under the provisions of this Chapter requests a preliminary hearing within twelve (12) hours after the seizure of the motor vehicle, the Chief of Police or designee must conduct a preliminary hearing within twenty-four (24) hours after the request for the preliminary hearing is received by the Village; provided that if the date for the hearing falls on a Saturday, Sunday, or legal holiday, the preliminary hearing will be held on the next business day following the Saturday, Sunday or legal holiday. No preliminary hearing shall be required or granted to an owner whose vehicle was not seized or impounded pursuant to this Chapter. For purposes of this Section, the following shall apply:
(A) All interested persons will be given a reasonable opportunity to be heard at the preliminary hearing.
(B) The formal rules of evidence will not apply at the hearing, and hearsay testimony will be allowed, and will be admissible.
(C) If, after the conclusion of the hearing, the Chief or designee determines that there was probable cause to believe that the vehicle was being used in violation of § 75.02, and further determines that the seizure and impoundment of the vehicle was proper under § 75.03, he shall order the continued impoundment of the vehicle unless the owner of the vehicle posts a cash bond with the Village in the amount of Five Hundred Dollars ($500.00). Posting of the bond shall not relieve the owner from paying any applicable towing and storage costs associated with the seizure and impoundment of the vehicle.
(D) If the Chief or designee determines that there was no probable cause to believe a violation of § 75.02 occurred or otherwise determines that the vehicle should not have been seized or impounded pursuant to § 75.03, the motor vehicle will be returned to the owner of record of the vehicle without the posting of the bond and without the costs associated with the seizure and impoundment of the vehicle. A determination that the vehicle should not have been seized or impounded pursuant to § 75.03 has no bearing nor will relieve an owner of responsibility for violating § 75.02 of this Chapter.
(Ord. 11-2813, passed 1-11-11)