§ 4-14.10. Forfeiture trial.

With the respect to a vehicle for which forfeiture is sought and as to which forfeiture is contested, the City shall have the burden of proving by a preponderance of the evidence that the vehicle was used to participate in a motor vehicle speed contest as this crime is defined in this chapter. The presiding judge of the Superior Court shall assign actions brought pursuant to this chapter for trial.

(a)

Trial of the forfeiture proceeding shall be in accordance with the following procedures:

(1)

If a verified claim is filed, the forfeiture trial shall be set on a day not less than one hundred twenty (120) days from the date of service of the last timely claim opposing forfeiture is filed with the court and served upon the City Attorney;

(2)

The trial shall be before the court or a jury;

(3)

The provisions of the Code of Civil Procedure shall apply to proceedings under this chapter unless otherwise inconsistent with the provisions or procedures set forth in this chapter. However, there shall be no joinder of actions or coordination of actions, except for forfeiture proceedings, or cross-complaints and the issues shall be limited strictly to questions related to this chapter.

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