§ 9.40.090. Vehicles not subject to forfeiture.

A.

A vehicle is not subject to impoundment or forfeiture and the City shall release a vehicle to the registered owner or legal owner(s) or to an authorized agent under any of the following circumstances:

1.

When the vehicle was a stolen vehicle.

2.

When the vehicle is subject to bailment and was driven by an employee of the bailee; such as a parking lot attendant or a garage mechanic.

B.

A vehicle is not subject to forfeiture if a community property interest existed in such vehicle prior to the act giving rise to the nuisance under this Chapter and the community property interest owner meets all of the following requirements:

1.

The community property interest owner requests release of the vehicle from the City Prosecutor prior to disposal of the vehicle by forfeiture.

2.

The community property interest owner submits proof that a community property interest existed prior to the date of the act giving rise to the nuisance to the City Prosecutor.

3.

The community property interest owner submits proof to the City Prosecutor that the vehicle is the only vehicle available to them and that the vehicle is one that may be operated with a class C driver's license.

4.

The community property interest holder submits proof to the City Prosecutor that he or she, or an authorized driver other than a defendant in any criminal trial arising out of the act giving rise to the nuisance in this Chapter, is properly licensed and that the seized vehicle is properly registered and insured pursuant to the California Vehicle Code.

5.

The community property interest holder is not a criminal suspect in a Police investigation of the act giving rise to the nuisance under this Chapter.

6.

All towing and storage charges related to the seizure and impoundment and any administrative charges authorized by law are paid.

7.

The community property interest owner signs a stipulated vehicle release agreement, in consideration for which the vehicle will not be forfeited. This requirement applies only if the community property interest owner requests release of the vehicle under this Section.

C.

A vehicle is not subject to forfeiture if the registered owner(s) or legal owner(s) of the vehicle is a rental car company and at the time of the seizure of the vehicle it was rented for a period of thirty (30) days or less. The rental car company shall pay all towing and storage charges related to the seizure and impoundment and any administrative charges authorized by law.

D.

A vehicle is not subject to forfeiture if a domestic partnership existed prior to the act giving rise to the nuisance under this Chapter and the domestic partnership meets all of the following requirements:

1.

The domestic partner requests release of the vehicle from the City Prosecutor prior to disposal of the vehicle by forfeiture.

2.

The domestic partner submits proof to the City Prosecutor that the domestic partnership was registered with the State of California or the City of Long Beach prior to the date of the act giving rise to the nuisance.

3.

The domestic partner submits proof to the City Prosecutor that the vehicle is the only vehicle available to the domestic partnership and that the vehicle is one that may be operated with a class C driver's license.

4.

The domestic partner submits proof to the City Prosecutor that he or she is an authorized driver and is not a defendant in any criminal trial arising out of the act giving rise to the nuisance in this Chapter, is properly licensed and that the seized vehicle is properly registered and insured pursuant to the California Vehicle Code.

5.

The domestic partner is not a criminal suspect in a Police investigation of the act giving rise to the nuisance under this Chapter.

6.

All towing and storage charges related to the seizure and impoundment and any administrative charges authorized by law are paid.

7.

The domestic partner signs a stipulated vehicle release agreement, in consideration for which the vehicle will not be forfeited. This requirements applies only if the domestic partner requests release of the vehicle under this Section.

(Ord. C 7862 § 1, 2003; Ord. C 7853 § 1, 2003)