Chapter 10.56



VEHICLE IMPOUND RELEASE FEE

10.56.010 Purpose.
10.56.020 Definitions.
10.56.030 Fees.
10.56 040 Criteria.
10.56.050 Exceptions.


10.56.010 Purpose.


It is the intent of this chapter to recover the costs involved in the lawful impounding of private vehicles pursuant to the specific California Vehicle Code sections which result from some unlawful act or omission by the owner or driver. This would be accomplished by establishing a fee to obtain a vehicle impound release from the police division. The vehicle impound release is evidence that the police division has removed its hold on the vehicle. The form will be required to obtain the release of the vehicle from the towing company. Through the enactment of a vehicle impound release fee, it is hoped that the persons having their vehicle impounded by the police division as a result of their disobedience of the law, will correct the unlawful conditions causing the impound and eliminate the need for further enforcement. By doing so, existing police resources can be more effectively and efficiently deployed toward higher priority safety situations. (Ord. 4971 º 2, 1991: prior code º 19-90)

10.56.020 Definitions.


Any term defined in this chapter shall have the meaning contained therein for the purpose of this chapter unless otherwise expressly stated or the content clearly indicates a different intention. (Ord. 4971 º 3, 1991: prior code º 19-90.1)

10.56.030 Fees.


There is imposed a fee upon any vehicle's current registered owner, the legal owner, or his or her designate, seeking to obtain a vehicle impound release from the police division where such vehicle has been impounded pursuant to the provisions of the California Vehicle Code. Such a vehicle impound release indicates to the towing company in possession of the impounded vehicle that the police division no longer has a hold on the vehicle and that it is cleared to be released. Such vehicle impound release fee shall be set forth by resolution. (Ord. 4971 º 4, 1991: prior code º 19-90.2)

10.56.040 Criteria.


Vehicles deemed as "impounded" by the police division shall be subject to the imposition of the vehicle impound release fee at the time such release is sought by the owner. (Ord. 4971 º 5, 1991: prior code º 19-90.3)

10.56.050 Exceptions.


The vehicle impound release fee shall not be applied to impounded vehicles which meet any of the following criteria:

A. When the vehicle is a recovered stolen vehicle and the vehicle is being released to the registered owner or his or her designate;

B. When the vehicle was taken as evidence, or as the container of evidence or as a part of a criminal investigation and the owner of the vehicle was a witness to or victim of a crime and not the suspect in such investigation;

C. When the vehicle was impounded in error;

D. When the police division supervision determines after a post-storage hearing where one has been requested, that the facts disclosed at such hearing warrant a waiver of the fee. (Ord. 4971 º 6, 1991: prior code º 19-90.4)