§ 4-14.08. Innocent parties; return of vehicle.

Notwithstanding the provisions of this chapter, the Department shall return a seized vehicle upon the filing of a timely claim pursuant to Section 4-14.07, and upon the claimant providing evidence that:

(a)

The vehicle is owned by two (2) or more persons and there is a community property interest in the vehicle by a person other than the person who used or maintained the vehicle for the purpose of participating in a motor vehicle speed contest, and the vehicle is the sole vehicle available to the person's immediate family at the time of the seizure. For purposes of this section, a vehicle is the "sole vehicle available" if the person from whom it was seized, and all other persons in that person's immediate family, did not have legal, equitable or possessory interest in any vehicle other than the seized vehicle at the time of seizure. This exception to forfeiture is not available to persons who previously have had his or her vehicle seized pursuant to this chapter. This exception to forfeiture is also contingent upon the execution of a settlement and release agreement by the person from whom the vehicle was seized and the person having a community property interest in the seized vehicle;

(b)

The vehicle is owned by the employer of the person who used or maintained the vehicle for the purpose of participating in a motor vehicle speed contest; or

(c)

The vehicle is owned by a rental car agency with a duly executed contract with the person who used or maintained the vehicle for the purpose of participating in a motor vehicle speed contest.

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