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2012-05 AMENDING CITY CODE - CHAPTER 34 - TRAFFIC AND PARKING
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2012-05 AMENDING CITY CODE - CHAPTER 34 - TRAFFIC AND PARKING
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8/25/2015 3:16:41 PM
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Resolution/Ordinance
Res Ord Num
2012-05
Res Ord Title
AMENDING CITY CODE - CHAPTER 34 - TRAFFIC AND PARKING
Department
Legal
Approved Date
2/6/2012
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Chapter 34 <br /> hearing, the City's hearing officer determines by a preponderance of the <br /> evidence that the vehicle was not used in the commission of a violation of <br /> Section 10 of Chapter 73 of the City Code or a violation of Sections 37 <br /> (M) through 37 (W) inclusive of this Chapter, or that the vehicle was <br /> stolen prior thereto, said hearing officer shall enter an order dismissing <br /> the proceedings and the vehicle or cash bond shall be returned without <br /> payment or deduction of any penalty and any towing or storage fees paid <br /> by the owner shall be reimbursed by the City. Any penalty imposed <br /> hereby on the owner of record of any vehicle shall be a debt due and owed <br /> to the City and may be enforced and collected as provided by law. <br /> (vii) In addition to the hearing provided for in the immediately preceding <br /> subsections hereof, every owner who has his or her vehicle impounded for <br /> a violation of Section 10 of Chapter 73 of the City Code or Sections 37 <br /> (M) through 37 (W) inclusive of this Chapter shall be entitled to a <br /> probable cause hearing before a police shift commander, or his designee, <br /> on the question of whether the vehicle was used in violation of said <br /> provision. This hearing must be requested, in writing, within twenty four <br /> (24) hours of the impoundment of the vehicle, and the hearing shall be <br /> held within three (3) days of receipt of such request by the City, excluding <br /> Saturdays, Sundays and holidays. The formal rules of evidence shall not <br /> apply at said hearing and hearsay evidence shall be admissible. If, after <br /> the hearing, the police shift commander, or his designee, determines that <br /> there is probable cause to believe that the vehicle was used in the <br />
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