A. Upon request, a hearing shall be conducted before the Municipal Court within seventy-two (72) hours after the receipt of the owner’s request, excluding weekends and holidays. The failure of the owner to request or to attend a scheduled hearing shall satisfy the hearing requirement of this section. The sole issue before the Municipal Judge shall be whether there was probable cause to impound the vehicle in question. The burden of proof shall be on the Police Department to establish probable cause for the impoundment.

B. “Probable cause to impound” means such a state of facts as would lead a person of ordinary care and prudence to believe there was sufficient violation of this chapter to grant legal authority for the removal of the vehicle.

C. The Municipal Judge shall conduct the hearing in an informal manner and shall not be bound by technical rules of evidence. The Municipal Judge may conduct this hearing by telephone, Internet or other method of electronic communication. The person demanding the hearing shall have the burden of establishing that such person has the right to the possession of the vehicle. At the conclusion of the hearing, the Municipal Judge shall prepare a written decision. A copy of such decision shall be provided to the person demanding the hearing and the registered owner of the vehicle (if not the person requesting the hearing). The Municipal Judge’s decision shall not affect any criminal proceeding in connection with the impound in question, and any criminal charges in such proceeding may only be challenged in a court of competent jurisdiction. The decision of the Municipal Judge shall be final, subject only to the right to appeal the decision to the District Court as provided by Colorado law.

D. The Municipal Judge shall only determine that there was or was not probable cause to impound the vehicle. If the Municipal Judge finds that there was no probable cause, the vehicle shall be released to its owner and all towing and storage fees shall be paid by the Town. If the owner fails to present the decision of the Municipal Judge to the operator having custody of the vehicle within twenty-four (24) hours of its receipt, excluding such days when the operator is not open for business, the owner shall assume liability for all subsequent storage charges. (Ord. 558 §1, 2007)