Sec. 804.1105. - Release of motor vehicle from impoundment.

(a) Unless the vehicle is impounded pursuant to Section 804.1101 (b), the owner of an impounded motor vehicle may secure the release of the motor vehicle from impoundment upon requesting the release and presenting proof of ownership satisfactory to the custodian of the place where the motor vehicle is stored. If the custodian is satisfied that the person making the request is the owner or his authorized agent, he shall release the motor vehicle to the owner or his agent upon payment of the accrued towing and storage charges, if the owner requests a hearing pursuant to this Part upon posting, with the custodian of the vehicle, a cash or surety bond in the amount of the accrued towing and storage charges. At the same time as the owner or his agent requests release of the impounded motor vehicle and if the request is made within 40 days after the owner receives a copy of the notice of impoundment, the Sheriff shall provide him an opportunity to make a request for a hearing on the propriety of the impoundment and on the amount and his liability for the towing and storage charges occasioned by impoundment; provided, that, if the owner or his agent requests release of the impounded motor vehicle more than 40 days after the owner receives a copy of the notice of impoundment, no hearing may be requested on the impoundment or on the towing and storage charges and the owner shall be conclusively presumed to have consented to the impoundment and to the amount of and his liability for the towing and storage charges. (b) If the ownership of the impounded motor vehicle is evidenced by a title certificate issued by the State Department of Highway Safety and Motor Vehicles, the owner or his agent may secure the release of the motor vehicle from impoundment without the payment of towing or storage charges or the deposit of security for the payment thereof. If the ownership of the impounded motor vehicle is evidenced by a foreign title instrument or if the jurisdiction in which title is recorded is not evident from the document establishing ownership, the owner or his agent, before the custodian of the place where the motor vehicle is stored authorizes release of the motor vehicle from impoundment, shall deposit with the custodian cash in the amount of the towing and storage charges to the date of the request. If the owner or his agent refuses to provide the cash deposit, the custodian shall not authorize release of the impounded motor vehicle but if the request is timely made, a date shall be set for the hearing on the impoundment and charges. (Ord. 78-476-182, § 1; Ord. 83-591-400, § 1; Ord. 85-1335-745, § 2) Note— Former § 312.1105.