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NS-2679
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Last modified
1/3/2012 1:00:54 PM
Creation date
3/16/2005 9:21:10 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-2679
Date
3/7/2005
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<br />Sec. 10-608. Vehicles not subject to foñeiture. <br /> <br />(a) A vehicle is not subject to the 30 day impoundment or forfeiture and the City shall <br />release a vehicle to the registered owner or legal owners or to an authorized agent <br />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 employee of the <br />bailee; such as a parking lot attendant or a garage mechanic. <br /> <br />(b) A vehicle is not subject to forfeiture if a community property interest existed in <br />such vehicle prior to the act giving rise to the nuisance under this chapter and the <br />community property interest owner meets all of the following requirements: <br /> <br />(1) The community property interest owner requests release of the vehicle from the <br />Chief of Police prior to disposal of the vehicle by forfeiture. <br />(2) The community property interest owner submits proof to the Chief of Police that a <br />community property interest existed prior to the date of the act giving rise to the <br />nuisance. <br />(3) The community property interest owner submits proof to the Chief of Police that <br />the vehicle is the only vehicle available to them and that the vehicle is one that <br />may be operated with a class C driver's license. <br />(4) The community property interest holder submits proof to the Chief of Police that <br />he or she, or an authorized driver other than a defendant in any criminal trial <br />arising out of the act giving rise to the nuisance, is properly licensed and that the <br />seized vehicle is properly registered and insured pursuant to the California <br />Vehicle Code. <br />(5) The community property interest holder is not a criminal suspect in a police <br />investigation of the act giving rise to the nuisance under this chapter. <br />(6) All towing and storage charges related to the seizure and impoundment and any <br />administrative charges authorized by law are paid. <br />(7) The community property interest owner signs a stipulated vehicle release <br />agreement, in consideration for which the vehicle will not be forfeited. This <br />requirement applies only if the community property owner requests release of the <br />vehicle under this section. <br /> <br />(c) A vehicle is not subject to forfeiture if the registered owner(s) or legal owner(s) of <br />the vehicle is a rental car company and at the time of the seizure of the vehicle it was <br />rented for a period of 30 days or less. The rental car company shall pay all towing and <br />storage charges related to the seizure and impoundment and any administrative <br />charges authorized by law. <br /> <br />(d) Prior to release of a vehicle to a person identified in subsections (a)-(c) of this <br />section, a hold harmless agreement shall be executed by such person. <br /> <br />Ordinance NS-2679 <br />Page 7 of 9 <br />
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