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11B - ORDINANCE NS-2679
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11B - ORDINANCE NS-2679
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Last modified
1/3/2012 4:57:12 PM
Creation date
3/1/2005 11:23:31 AM
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City Clerk
Doc Type
Agenda Packet
Item #
11B
Date
3/7/2005
Destruction Year
2010
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<br />Sec. 10-608. <br /> <br />Vehicles not subject to forfeiture. <br /> <br />(a) A vehicle is not subject to the 30 day impoundment or forfeiture and <br />the City shall release a vehicle to the registered owner or legal owners or <br />to an authorized agent under any of the following circumstances: <br /> <br />(1) When the vehicle was a stolen vehicle. <br />(2) When the vehicle is subject to bailment and was driven by an <br />employee of the bailee; such as a parking lot attendant or a garage <br />mechanic. <br /> <br />(b) A vehicle is not subject to forfeiture if a community property interest <br />existed in such vehicle prior to the act giving rise to the nuisance under this <br />chapter and the community property interest owner meets all of the <br />following requirements: <br /> <br />(1) The community property interest owner requests release of the <br />vehicle from the Chief of Police prior to disposal of the vehicle by <br />forfeiture. <br />(2) The community property interest owner submits proof to the Chief of <br />Police that a community property interest existed prior to the date of <br />the act giving rise to the nuisance. <br />(3) The community property interest owner submits proof to the Chief of <br />Police that the vehicle is the only vehicle available to them and that <br />the vehicle is one that may be operated with a class C driver's <br />license. <br />(4) The community property interest holder submits proof to the Chief of <br />Police that he or she, or an authorized driver other than a defendant <br />in any criminal trial arising out of the act giving rise to the nuisance, <br />is properly licensed and that the seized vehicle is properly registered <br />and insured pursuant to the California Vehicle Code. <br />(5) The community property interest holder is not a criminal suspect in a <br />police investigation of the act giving rise to the nuisance under this <br />chapter. <br />(6) All towing and storage charges related to the seizure and <br />impoundment and any administrative charges authorized by law are <br />paid. <br />(7) The community property interest owner signs a stipulated vehicle <br />release agreement, in consideration for which the vehicle will not be <br />forfeited. This requirement applies only if the community property <br />owner requests release of the vehicle under this section. <br /> <br />8 <br />11 B-8 <br />
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