Sec. 8-28. Hearing.
(a) Right to hearing. The owner of a vehicle that is towed and impounded pursuant to this Chapter, or any other local, state or federal law, may request a post-impoundment hearing to determine whether there was cause to impound the vehicle. To perfect the right to the hearing, the owner shall file a written demand for the hearing with the Town Clerk within ten (10) days of the date the vehicle was impounded (as reflected in the Town’s records). Failure to request a hearing within such time shall be deemed a waiver of the right to the hearing.
(b) Conduct of hearing.
(1) A hearing shall be conducted before the Municipal Judge within thirty (30) days of receipt by the Town Clerk of the owner’s written demand therefor. The hearing may be scheduled beyond the thirty-day period, if the Municipal Court is not in session in the thirty-day time period from the date the demand for hearing was filed with the Town Clerk. The sole issue at the hearing shall be whether there was cause to impound and tow the vehicle.
(2) Cause to impound and tow means a state of facts that would lead a person of ordinary care and prudence to believe that the vehicle was parked, stopped or stored in such a manner to authorize the Town to impound and tow the vehicle pursuant to the provisions of this Chapter, other provisions of this Code or local, state or federal laws.
(3) The hearing shall be conducted on the record. The owner and the appropriate employee or representative of the Town may provide testimony, evidence and argument, though the formal rules of evidence shall not apply to the proceeding, which is deemed to be civil in nature.
(4) In the event the owner fails to appear at the hearing, he or she is deemed to have waived his or her right to a hearing and the matter shall be dismissed.
(c) Decision. At the conclusion of the hearing, the Municipal Judge shall determine only that either:
(1) There was cause to impound and tow the vehicle, in which case the owner shall be ordered to pay all costs associated with the impoundment and towing of the vehicle in the manner to be determined by the Municipal Judge; or
(2) There was no cause to tow and impound the vehicle, in which case the owner shall not be ordered to pay the costs associated with the impoundment and towing of the vehicle. (Ord. 950 §2, 2008)