§ 4-14.04. Seizure of vehicles subject to forfeiture; seizure proceedings.

(a)

A vehicle subject to forfeiture under this chapter may be seized by any peace officer upon process issued by any court having jurisdiction over the vehicle. Seizure without process may be made if any of the following situations exist:

(1)

The seizure is incident to an arrest or a search under a search warrant.

(2)

There is probable cause to believe that the vehicle was used or is intended to be used to participate in a motor vehicle speed contest in violation of this chapter.

(b)

The City shall notify the Franchise Tax Board of a vehicle seized where there is reasonable cause to believe that the value of the sized vehicle exceeds Five Thousand and No/100ths ($5,000.00) Dollars.

(c)

Receipts for vehicles seized pursuant to this chapter shall be delivered to any person out of whose possession such vehicle was seized, in accordance with California Penal Code Section 1412. There shall be a presumption affecting the burden of proof that a person to whom a receipt was issued is the owner thereof. This presumption may, however, be rebutted at the forfeiture trial specified in Section 4-14.10.

(§ 1, Ord. 1104, eff. December 14, 2006)