§ 6.25.260. Authorization to seize food vending vehicles as evidence.

A.

The chief of police or his or her designee may seize any food vending vehicle as described in this chapter that is found operating within the City of Delano in violation of this chapter, and hold such vehicle as evidence until such case is adjudicated by the courts, or until such vehicle is licensed with the City of Delano and the payment of all applicable fees associated with such permit, vehicle inspection, and all costs associated with the storage of the vehicle by the City of Delano.

B.

All food vending vehicles seized as evidence for any violation of this chapter shall be stored by the City of Delano until otherwise released by court order or at the direction of the chief of police, and only after all applicable fees have been paid to the City of Delano. A daily storage charge shall be assessed by the finance director to the owner of the seized vehicle at a rate of fifty dollars per day for each day, or partial day, the vehicle is held by the city.

C.

In all cases where perishable food items are stored within the vehicle to be seized, the chief of police or his designee shall allow the owner or operator a reasonable period of time not to exceed thirty minutes to have the perishable items removed by the owner or operator to further safeguard the items for spoilage, but not before such items are photographed by the officer ordering such vehicle seized as evidence.

D.

The City of Delano shall not be responsible for the spoilage of any item that the owner or operator fails to remove from the ice cream truck prior to it being removed by the police department to the storage location.

(Ord. No. 2012-1251, § 1(exh. A), 1-22-2013)