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2017-09 Amending City Code Chapter 34 - Traffic
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2017-09 Amending City Code Chapter 34 - Traffic
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2/8/2017 4:52:04 PM
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2/8/2017 4:52:03 PM
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Resolution/Ordinance
Res Ord Num
2017-09
Res Ord Title
Amending City Code Chapter 34 Traffic
Department
City Manager
Approved Date
2/6/2017
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impounded for a violation of Section 10 of Chapter 73 of the City <br /> Code or Sections 37 (J)through 37 (V) inclusive of this Chapter shall <br /> be entitled to a probable cause hearing before a police shift <br /> commander, or designee, on the question of whether the vehicle was <br /> used in violation of said provision. This hearing must be requested, in <br /> writing,within twenty four(24)hours of the impoundment of the <br /> vehicle, and the hearing shall be held within three (3) days of receipt <br /> of such request by the City, excluding Saturdays, Sundays and <br /> holidays. The formal rules of evidence shall not apply at said hearing <br /> and hearsay evidence shall be admissible. If, after the hearing,the <br /> police shift commander, or designee, determines that there is probable <br /> cause to believe that the vehicle was used in the commission of a <br /> violation of Section 10 of Chapter 73 of the City Code or Sections 37 <br /> (J)through 37 (V) inclusive of this Chapter, he shall order the <br /> continued impoundment of the vehicle unless the owner, lessee or <br /> lienholder of the vehicle posts a cash bond with the City in the amount <br /> of Two Hundred Fifty Dollars ($250.00). If the police shift <br /> commander, or designee, determines that there is no such probable <br /> cause,the vehicle will be returned without penalty or other fees. <br /> (viii)Notwithstanding any other provisions of this Section,whenever a <br /> person with a lien of record against a vehicle impounded under this <br /> subsection has commenced foreclosure proceedings,possession of the <br /> vehicle shall be given to that person if he or she agrees in writing to <br /> refund the City the net proceeds of any foreclosure sale, less any <br /> amounts necessary to pay all lien holders of record, up to the total <br /> amount of penalties and fees imposed elsewhere herein. <br /> (ix) Any motor vehicle impounded under this subsection that is not <br /> reclaimed within thirty(30) days after the expiration of the time during <br /> which the owner of record may seek judicial review of the City's <br /> action, or the time at which a final judgment is rendered in favor of the <br /> City, or the time a final administrative decision is rendered against an <br /> owner of record, may be disposed of as an unclaimed vehicle as <br /> provided by law. <br /> (x) Fees for towing and storage of a vehicle under this subsection <br /> shall be the same as those charged per the applicable contract for <br /> towing service with the City in effect at the time of the violation. <br /> 70. IMMOBILIZATION AND IMPOUNDMENT. <br /> H. No person shall move or cause to be moved any vehicle that has an <br /> immobilization device attached thereto except as authorized by the City of <br /> Decatur and its employees. Further,no person shall tamper with, damage, <br /> remove or cause to be removed from any vehicle an immobilization device <br /> placed thereon under the authority of the City of Decatur and its <br /> employees except as authorized to do so by the City. Further, it shall be <br /> unlawful to interfere with or hinder any officer or employee of the City, or <br />
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