Sec. 23-98. - Title.

This article and ordinance shall be known as the "Kings County Sheriff's Department Towed Vehicle Recovery Program Fund."

(Ord. No. 622, § 1, 12-23-03)

Sec. 23-99. - Purpose of fund.

The board of supervisors finds and determines as follows:

(1)

County peace officers are authorized to remove vehicles from city and county roads and store such vehicles as provided in Article I of Chapter 10 of the California Vehicle Code, and to establish an administrative cost recovery program for such removal and storage.

(2)

A need exists for a program to establish an orderly procedure for the storage and return of vehicles to their lawful owners and to provide an appropriate method of reimbursement for that government service.

(3)

A special fund is hereby established for the receipt and expenditure of administrative fees collected pursuant to this article. This special fund shall be known and designated as the "towed vehicle fee recovery program fund."

(4)

Balances remaining in the fund at the close of any fiscal year shall be deemed to have been collected for the purposes specified herein and shall be carried forward and accumulated in the fund for those purposes.

(Ord. No. 622, § 1, 12-23-03)

Sec. 23-100. - Establishment of administrative fee.

(a)

A fee to reimburse the Kings County Sheriff's Department for administrative costs incurred in the administration of procedures for removing vehicles shall be charged by the Kings County Sheriff's Department to the owner of a vehicle removed pursuant to Sections 14602.6, 12500(a), 22651(h), 22651(o), or 22651(p) of the California Vehicle Code. Charges shall be in accordance with and by the authority of Section 22850.5 of the California Vehicle Code and Section 53158 of the Government Code.

(b)

Fees to be collected under this article shall be proposed by the Kings County Sheriff or his or her designee, and shall not go into effect until approved by resolution of the board of supervisors. The fee shall not exceed the actual administrative costs incurred by the sheriff's department relating to the removal, impoundment, storage, and release of the vehicle, as determined and fixed by the board of supervisors from time to time.

(c)

The sheriff is hereby authorized to adopt rules, regulations, and procedures as are necessary for the removal, impoundment, storage, and release of impounded vehicles and for the Kings County Sheriff's Department to impose, collect, and administer the fee authorized by this article, subject to the requirements of Sections 22850.3 through 22851.10 of the Vehicle Code.

(Ord. No. 622, § 1, 12-23-03)

Sec. 23-101. - Reimbursement of fee for towed vehicles.

All or any part of a fee collected under this article may be reimbursed to the owner or person in lawful possession of the vehicle, if the fee was incurred because:

(1)

The vehicle was towed and stored at the order of the Kings County Sheriff's Department to examine the vehicle for evidence of a crime;

(2)

The vehicle was towed and stored by the order of the Kings County Sheriff's Department and towing or storage was not authorized by any of the several provisions of the California Vehicle Code;

(3)

Officers, agents, or employees of the Kings County Sheriff's Department erred in the reporting, filing, or recording of the circumstances of the towing and storage of the vehicle; and

(4)

Officers, agents, or employees of the Kings County Sheriff's Department erred in reporting a vehicle as subject to towing or storage or ordering a vehicle towed and stored when in fact the vehicle was not subject to towing and storage.

(Ord. No. 622, § 1, 12-23-03)