2003-56 AMENDING CITY CODE CHAPTER 73 - OFFENSES - CHAPTER 34 - TRAFFIC

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the vehicle, then said vehicle shall be released to such owner without payment of any fees. Such a vehicle may also be released to the owner thereof if said owner provides the City with assurance satisfactory to the Legal Department that said owner will pay all towing and storage fees in the event such owner is found guilty by a court of law of the alleged parking violation. B The provisions of this subsection shall be applicable to vehicles removed pursuant to Section 37(k) of this Chapter: �i) The owner of record of a motor vehicle used in the violation of Section 10 of Chapter 73 of the City Code sha11 be subiect to having said vehicle impounded and shall also be liable to the citYfor a fine of Two Hundred Fiftv Dollars � 250 00) in addition to the pavment of any fees for the towin� and stora�e of the vehicle to the�nropriate Cit t�ng,contractor. �ii) Whenever a police officer has reasonable suspicion to believe that a vehicle is subiect to seizure and impoundment pursuant to Section 37(k of this Chapter the police officer sha11 provide for the towin� of the vehicle to a facilitv controlled by the Cit,y or its contractor. When the vehicle is towed, the police officer shall noti the person who is found to be in control of the vehicle at the time of the alleged violation and the owner of said vehicle, if present at the time, of the fact of the seizure and the vehicle owner's right to nost a cash bond as indicated in subsection(rii) hereof to retrieve possession of the vehicle pendin� a hearin� to be held bv a hearin� officer for the City desi nag ted bv the City Mana�er. The notification shall also explain the vehicle owner's ri t to a probable cause hearin� with respect to the alle�ed violation, as provided in subsection(vii)hereof. �rii) Whenever the owner of a vehicle seized pursuant to this subsection wishes to retrieve the vehicle seized prior to the evidentiary hearing, he or she ma��do so b�nostin� a cash bond of Two Hundred Fifty Dollars ($250.00) at the Law Enforcement Center 333 S. Franklin Street, Decatur, Illinois, in addition to the pavment of applicable towing and storage fees to theCity's towin�Lcontractor. �iv) Within ten (10) days after a vehicle is seized and impounded pursuant to this subsection, the Citv sha11 notif� by certified mail return recei�t requested the owner of record of said vehicle of the date, time and location of a hearing that will be conducted pursuant to this subsection B). �v) A hearin� sha11 be scheduled and held, unless continued bv order of the City's hearin� officer, on the first or third Fridav of the month, whichever date first occurs not less than seven(7) davs after notice thereof is mailed. All interested persons shall be Qiven a reasonable opportunity to be heard at the hearin�. The formal rules of evidence shall not applv and hearsav evidence shall be admissible. The hearin�L sha11 be �en to the public and a court reporter shall transcribe the proceedin�s.