[HISTORY: Adopted by the Mayor and Council of the City of Paterson 1-27-2004
by Ord. No. 03-099. Amendments noted where applicable.]
A.
A motor vehicle shall be subject to seizure and impoundment
whenever a police officer has probable cause to believe that the vehicle was
used to facilitate the commission of any acts of prostitution, assignation
or lewdness in violation of N.J.S.A. 2C:34 or any violations of N.J.S.A. 2C:35
as to controlled dangerous substance offenses.
B.
Upon seizure of a motor vehicle involved in the aforementioned
offense(s), the Police Department shall:
(1)
Provide for the towing and impounding of the vehicle
by the City's authorized towing agent; and
(2)
Notify in writing the person determined to be the owner
of the vehicle and any person who is found in control of the vehicle at the
time of the seizure of: the fact of the seizure and impoundment of the vehicle;
the right of the individuals receiving notice to a preliminary hearing to
be held within five days after receipt of the notice of seizure (Saturdays,
Sundays and legal holidays excluded); and the right to pay a fee of $1,500
or 10% of the blue book value of the automobile, whichever is greater, to
offset the aforesaid costs of the specific law enforcement operation or operations
which resulted in the seizure.
C.
The Department notices to be given pursuant to this section
shall be provided by hand delivery at the time of the seizure and impoundment
of the vehicle to the person in control of the vehicle, or if neither the
owner of record nor the person in control of the vehicle at the time of its
seizure is available to receive such notice, the notice shall be provided
to the owner of record by certified mail, return receipt requested, within
24 hours of the time of the impoundment, excluding Saturdays, Sundays and
legal holidays.
D.
This section does not apply and the vehicle is not to
be seized or impounded if the vehicle was stolen at the time it was subject
to seizure and impoundment. However, the owner of the vehicle or his insurance
company shall be responsible for towing and storage fees.
The City shall set a hearing within five days of seizure (excluding
Saturdays, Sundays and legal holidays) before a special hearing officer of
the City. At the hearing, the City shall have the burden to show that there
is probable cause to believe that the vehicle is subject to impoundment and
seizure. The formal rules of evidence shall not apply at this hearing, and
circumstantial evidence shall be admissible.
At the hearing related to the seizure of a vehicle involved in violations
of these offenses, the Paterson Police Department will provide to the defendant
or his representative an estimated fee of the reasonable calculated costs
to the law enforcement agency that is conducting this specific police operation
in excess of the greater of 10% of the blue book value of the vehicle or $1,500,
plus towing and storage costs. This fee is required before the vehicle is
released. If, after the hearing, the special hearing officer determines that
there is probable cause to believe that the motor vehicle is subject to impoundment
and continued seizure, he shall order the continued impoundment of the vehicle
unless the owner or his agent or authorized representatives pays the City
the above fee or posts with the Municipal Court a cash bond in the above estimated
amount. If, after the hearing, there is a finding of no probable cause, the
vehicle shall be released forthwith to the owner or his agent or authorized
representative without the imposition of fees.
A.
Within five days of the date the motor vehicle is seized
or impounded, the City shall notify the owner of record by certified mail,
return receipt requested, of the date, time and location of a final hearing
to be conducted pursuant to this subsection. The owner of record will also
be notified of his right to pay the fee of the greater of 10% of the blue
book value of the vehicle or $1,500, plus towing and storage costs, in lieu
of a final hearing whereupon the auto will be returned.
B.
A final hearing shall be scheduled and held no later than 30 days after the date that the vehicle was seized and impounded. If the owner or agent appears, the City shall have the burden to show by a preponderance of the evidence that the vehicle was used as set forth in § 466-1A above.
C.
If, after a hearing, it is determined that the vehicle was towed and impounded lawfully, the special hearing officer shall enter an order fording the owner of record civilly liable to the City for the fees mentioned above and forfeiture of the vehicle. If, after a hearing, a finding is made that the City did not meet its burden of proof, or that the exception of § 466-1D above, applies, the vehicle shall be released to the owner along with any cash bond posted or any other amounts paid.
D.
If the driver/owner refuses to pay the respective costs
referred to above, the City may hold the vehicle until the charges pending
against the defendant (driver/owner) are resolved. In the event that the defendant
is found not guilty, he or she will have to pay no penalty. If the fee is
not paid or the vehicle is not retrieved within 180 days from the determination,
the vehicle will be deemed abandoned and may be sold by the City at public
auction.
Except as provided otherwise in § 466-3, an impounded vehicle shall be released to its owner of record or to the person who is legally entitled to possess the vehicle upon his payment to the City of the respective fees recited above. If the fees are not paid, no vehicle will be released until all charges have been completely disposed.
The owner of a motor vehicle that has been the subject of a seizure and impoundment pursuant to § 466-1, 466-2 or 466-3, or the City, may appeal the final ruling or decision of the special hearing officer to the New Jersey Superior Court, Passaic County vicinage, within 30 days of the date of the final order being appealed. The City may charge the appellant a reasonable fee for preparation of the record for purposes of making the appeal.
