8387-93 Amending Article 4 of Chapter 13 Prohibitinf the use of Motor Vechices purposes of patronizing , Promoting and/or the commission of prostitution

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• (b) Conduct prohibited. A motor vehicle that is knowingly used in the commission of prostitution as defined in I .0 35-45-4-2, patronizing a prostitute as defined in I .C. 35-45-4-3, or for promoting prostitution as defined in I .C. 35-45-4-4 shall be subject to seizure and impoundment under this section. (c) Seizure and impoundment. Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this section, the police officer shall provide for the towing of the vehicle to a facility controlled by the City or its agents . This subsection shall not apply if the vehicle used in the violation of subsection (b) was stolen at the time of the alleged violation and the theft was reported to the appropriate police authorities within seventy-two (72) hours after the theft was discovered or reasonably should have been discovered. (d) Notice. Within twenty-four (24) hours after a vehicle is seized and impounded, the police department shall notify the owners of record and any person who is found to be in control of the vehicle at the time of the alleged violation of the fact of the seizure and of their right to request a vehicle impoundment hearing to be conducted under this section. Notice shall be provided by certified mail . Notice shall be sent to the owners of record and to any person who is found to be in control of the vehicle at the time of the alleged violation. (e) Request for hearing. A request for a hearing must be made within thirty (30) days of the seizure and impoundment of this vehicle. The request for a hearing must be made in writing to either the South Bend Police Department or the South Bend City Attorney' s office. A request for a hearing may be made by theowners of record and/or any person found to be in control of the vehicle at the time of the alleged violation. (f) Failure to request hearing. If a request for a hearing is not made within thirty (30) days of the seizure and impoundment of this vehicle, the vehicle shall be deemed abandoned and shall be disposed of in the manner provided by law for the disposition of abandoned vehicles .' The vehicle shall be released to the owners of record, however, when a penalty of $500 . 00 is paid to the City plus any applicable towing and storage fees have been paid to the towing agent . 1 State law reference: I .C. 9-13-2-1; Abandoned Vehicles; and I .C. 9-22-1-1 et seq. ; Abandoned Motor Vehicles .