Sec. 23-56.01. Early release of vehicle.
A. The Police Department shall release a vehicle to the owner, owner’s spouse, or owner’s agent before the end of the thirty day immobilization or impoundment period under any of the following circumstances:
1. If the vehicle is a stolen vehicle.
2. If the vehicle was subject to bailment and was driven by an employee of a business establishment, including a parking service or repair garage.
3. All of the following apply:
A. The owner, owner’s spouse, or owner’s agent was not present at the time of impoundment and was not the person arrested pursuant to Section 23-52(A)(1) or (A)(2) or Section 13-3214, Arizona Revised Statues [Statutes].
B. The owner or the owner’s agent is in the business of renting motor vehicles without drivers.
C. The vehicle is registered pursuant to Section 28-2166, Arizona Revised Statutes.
D. There was a rental agreement in effect at the time of the immobilization or impoundment.
B. A vehicle shall not be released pursuant to Subsection A of this Section except pursuant to an immobilization or poststorage hearing under this Section or if all of the following are presented to the Police Department:
1. The owner’s or owner’s spouse’s current valid driver license issued by this State of the owner’s or owner’s spouse’s state of domicile.
2. Proof of current vehicle registration or a valid salvage or dismantle certificate of title.
3. Proof that the vehicle is in compliance with the financial responsibility requirements of Title 28, Chapter 9, Article 4, Arizona Revised Statutes.
4. If the person is required by the Department of Transportation Motor Vehicle Division to install a certified ignition interlock device on the vehicle, proof of installation of a functioning certified ignition interlock device in the vehicle. The Police Department, storage yard, facility, person or agency having physical possession of the vehicle shall allow access during normal business hours to the impounded vehicle for the purpose of installing a certified ignition interlock device. The Police Department, storage yard, facility, person or agency having physical possession of the vehicle shall not charge any fee or require compensation for providing access to the vehicle or for the installation of the certified ignition interlock device.
C. The owner or the owner’s spouse if the vehicle is released to the owner’s spouse is responsible for paying all immobilization, towing and storage charges related to the immobilization or impoundment of the vehicle and any administrative charges established pursuant to Section 23-56.02 unless the vehicle is stolen and the theft was reported to the appropriate law enforcement agency or if the vehicle was subject to bailment.
D. The Police Department shall release a vehicle to a person, other than the owner, identified on the Department of Transportation Motor Vehicle Division record as having an interest in the vehicle before the end of the thirty day immobilization or impoundment period if all of the following conditions are met:
1. The person is either of the following:
A. In the business of renting motor vehicles without drivers and the vehicle is registered pursuant to Section 28-2166, Arizona Revised Statutes.
B. The person is a motor vehicle dealer, bank, credit union or acceptance corporation or any other licensed financial institution legally operating in this State or is another person who is not the owner and who holds a security interest in the vehicle.
2. The person pays all immobilization, towing and storage charges related to the immobilization or impoundment of the vehicle and any administrative charges established pursuant to Section 23-56.02 unless the vehicle is stolen and the theft was reported to the appropriate law enforcement agency or if the vehicle was subject to bailment.
3. The person presents foreclosure documents or an affidavit of repossession of the vehicle.
4. The person requesting release of the vehicle was not present at the time of the removal and immobilization or impoundment.
E. The storage charges relating to the impoundment of a vehicle pursuant to this Section shall be subject to a contractual agreement between the City and a towing firm for storage services pursuant to Section 28-1108, Arizona Revised Statutes, but shall not exceed fifteen dollars for each day of storage, including any time the vehicle remains in storage after the end of the thirty day impoundment period.
F. For the purposes of this Section, "certified ignition interlock device" has the same meaning prescribed in Section 28-1301, Arizona Revised Statutes. (Ord. No. G-5002, § 3, 2007)