A. The police department may immobilize a vehicle stopped or parked in violation of any provision of this chapter by placement of a restraint in such a manner as to prevent a vehicle’s operation.

B. Upon immobilization of an eligible vehicle, a notice shall be conspicuously affixed to the vehicle. The notice shall warn that the vehicle is immobilized and that any attempt to move the vehicle may result in its damage. The notice shall state that the unauthorized removal of or damage to the immobilizing restraint is a criminal violation. The notice shall also state that unless arrangements are made for release of the vehicle within five hours of immobilization, the vehicle may be towed and impounded. The notice shall also specify how release of the immobilizing restraint may be had.

C. The police department may have any vehicle upon which an immobilizing restraint has been placed removed and impounded if no arrangements have been made for the release of the vehicle within five hours of immobilization.

D. It is unlawful for any person, without proper authority, to remove or attempt to remove, or for any person to damage, tamper with or deface an immobilizing restraint device that has been attached to a vehicle pursuant to this section, or to relocate or tow any vehicle so restrained.

E. Prior to a hearing on the validity of an immobilization authorized by this section, the registered owner of the immobilized or impounded vehicle or other person entitled to possession of the vehicle shall be permitted to secure release of the vehicle by furnishing evidence of identity and ownership or right of possession and:

F. The registered owner of a vehicle immobilized or other person entitled to possession of the vehicle shall have the right to a hearing to determine whether there was a sufficient factual and legal basis for the immobilization if the owner files a written request for a hearing with the Sedona magistrate court within 14 calendar days of the immobilization. Failure to request or attend a scheduled hearing shall be deemed a waiver of the right to a hearing. In the event of such failure, any bond shall be forfeited. If the court determines that there were insufficient grounds for the immobilization, the bond shall be exonerated. The hearing shall be conducted informally, and the technical rules of evidence shall not apply; provided, that the decision of the Sedona magistrate court shall in all cases be based upon substantial and reliable evidence.

G. The immobilization fee shall be $107.00. The towing and storage fees shall be those applicable to the tow contractor providing the tow service. No fees shall be assessed for any immobilization which has been determined to be without a sufficient factual or legal basis. [Ord. 2022-01 § 1, 3-22-2022; Res. 2022-09 Exh. A, 3-22-2022].