§ 35-199. Release procedures.

(a)

After the impoundment of any motor vehicle under the provisions of this division, the vehicle shall be surrendered to the owner or person lawfully entitled to custody after all of the following:

(1)

In cases involving a vehicle hold ordered by the police department, presentation of the following to the police department auto release division:

a.

Proof of ownership of the vehicle or proof of lawful entitlement to the vehicle;

b.

Proof of insurance on the vehicle as required by the laws of the state; and

c.

Proof of current registration of the vehicle as required by the laws of the state;

(2)

In cases not involving a vehicle hold ordered by the police department, presentation of the following to the tow company:

a.

Proof of ownership of the vehicle or proof of lawful entitlement to the vehicle;

b.

Proof of insurance on the vehicle as required by the laws of the state;

c.

Proof of current registration of the vehicle as required by the laws of the state;

(3)

Payment of storage charges and towing fees incurred in the removal and impounding of the vehicle and any publication costs incurred by the public agency; and

(4)

If the vehicle was removed and impounded pursuant to section 35-196(c)(5), payment of the outstanding parking fines plus court costs plus the immobilization device removal fee.

(b)

If a person seeking release of a motor vehicle impounded under the provisions of this division does not present proof of insurance or proof of current registration, both as required by the laws of the state, the vehicle will not be released to be driven away from the tow lot, but a vehicle may be released to be towed from the tow lot after all of the following:

(1)

In cases involving a vehicle hold ordered by the police department, presentation to the police department auto release division of proof of ownership of the vehicle or lawful entitlement to the vehicle. In cases not involving a vehicle hold ordered by the police department, presentation to the tow contractor of proof of ownership of the vehicle or lawful entitlement to the vehicle.

(2)

Payment of storage charges and towing fees incurred in the removal and impounding of the vehicle and any publication costs incurred by the public agency; and

(3)

If the vehicle was removed and impounded pursuant to section 35-196(c)(5), payment of the outstanding parking fines plus court costs plus the immobilization device removal fee.

(c)

Payment of charges for towing and storage shall not be required for any motor vehicle which was towed and impounded under section 35-196(c)(5).

(Code 1964, § 36-154(5); Code 1988, § 35-153; Ord. No. 53410, § 1, 1-7-1975; Ord. No. 55191, § 6, 8-3-1976; Ord. No. 63655, § 1, 1-12-1981; Ord. No. 63953, § 4, 7-1-1982; Ord. No. 64921, § 1, 12-5-1985; Ord. No. 64942, § 1, 12-19-1985; Ord. No. 65297, § 3, 4-7-1988; Ord. No. 66164, § 11, 10-17-1996; Ord. No. O-90-07, § 1, 11-15-2007)