9.80.040 - Early release of impounded vehicle.

(a)

Notwithstanding Chapter 10 (commencing with Section 22650) of the California Vehicle Code or any other provision of law, an impounding agency shall release a motor vehicle to the registered owner or his or her agent prior to the conclusion of the impoundment period described in Section 9.80.020 under any of the following circumstances:

(1)

If the vehicle is a stolen vehicle.

(2)

If the person alleged to have been engaged in the speed contest, exhibition of speed, or reckless driving exhibition was not authorized by the registered owner of the motor vehicle to operate the motor vehicle at the time of the commission of the offense.

(3)

If the registered owner of the vehicle was neither the driver nor a passenger of the vehicle at the time of the alleged violation pursuant to Section 9.80.020, or was unaware that the driver was using the vehicle to engage in any of the activities described in Section 9.80.020.

(4)

If the legal owner or registered owner of the vehicle is a rental car agency.

(5)

If, prior to the conclusion of the impoundment period, a citation or notice is dismissed under California Vehicle Code Section 40500, criminal charges are not filed by the district attorney because of a lack of evidence, or the charges are otherwise dismissed by the court.

(b)

A vehicle shall be released pursuant to this Section only if the registered owner or his or her agent presents a currently valid driver's license to operate the vehicle and proof of current vehicle registration, or if ordered by a court.

(c)

If, pursuant to Subsection (a)(5) of this Section, a motor vehicle is released prior to the conclusion of the impoundment period, neither the person charged with a violation of California Vehicle Code Sections 23103 or 23109 nor the registered owner of the motor vehicle is responsible for towing and storage charges nor shall the motor vehicle be sold to satisfy those charges.

(Ord. No. 768, § 2, 5-18-2021)