Return of impounded newsracks.
San José Municipal Code § 13.18.080
in effect13.18.080 - Return of impounded newsracks.
A. Except as otherwise provided in this section, an impounded newsrack and its contents may only be returned:
1. To the person whose name appears on the newsrack identification, or, if such person is unknown, a claimant who provides sufficient proof of ownership of an impounded newsrack; and
2. If the request for return is made to the director of neighborhood preservation and the sum in subsection B is paid within thirty days of:
a. The date of impounding if no hearing is held pursuant to this chapter; and
b. The date the decision reached at the hearing becomes final if a hearing is held pursuant to this chapter.
B. The sum referred to in this section shall be the total of the impounded fee established by resolution of council and the reasonable additional cost in excess of the impound fee, if any, of impounding the newsrack and its contents.
C. An impounded newsrack and its contents shall not be returned pursuant to subsection A. during any period of time that it is being held as evidence in a criminal prosecution.
D. If after a hearing is held in accordance with this chapter, it is determined that there exists no violation of this chapter, the director of neighborhood preservation shall:
1. Order the newsrack returned without payment of any impound fee; or
2. Order return of any such impound fee, less the cost of notifying the person referred to in subsection A., if an impound fee has previously been paid.
E. If a criminal prosecution concerning an impounded newsrack and its contents results in a dismissal of or acquittal on all charges, the court hearing the matter may, in its discretion, order:
1. The return of the impounded newsrack and its contents without payment of the sum in subsection B.; or
2. The return of the sum in subsection B. if that sum has already been paid.
(Ords. 20892, 21291, 22240.)
Source: City of San José, Municipal Code (Municode Library, library.municode.com)URL: https://library.municode.com/ca/san_jose/codes/code_of_ordinances?nodeId=TIT13STSIPUPL_CH13.18RENE_13.18.080REIMNEFetched: 11/1/2026