§ 82-35. Seizure and impoundment of vehicles and administrative penalty.

(a)

Violations authorizing seizure. Except as provided in subsection (g), a motor vehicle, operated with the permission, express or implied, of the owner of record, that is used in connection with the violations set forth in (a)(1)—(8) below, shall be subject to seizure and impoundment by the village, and the owner of record of said vehicle shall be liable to the village for an administrative penalty in the amount of $500.00, which shall be in addition to any towing and storage fees charged by the towing firm as provided herein. The administrative penalty shall be assessed to cover costs associated with the investigation, arrest and detention of an offender, or the removal, impoundment, storage, and release of the vehicle. It shall not be necessary for criminal charges to be filed, prosecuted, and/or proven in order to demonstrate that one or more of the following violations has/have been committed:

(1)

A violation of:

a.

Driving with suspended or revoked license, 625 ILCS 5/6-303, except that vehicle shall not be subjected to seizure or impoundment if the suspension is for an unpaid citation (parking or moving) or due to failure to comply with emission testing.

b.

Driving under the influence of alcohol, drugs, any intoxicating compound or a combination of alcohol, drugs, or any intoxicating compound, 625 ILCS 5/11-501(a).

c.

When a motor vehicle is operated by a person against whom a warrant has been issued by a Circuit Court in Illinois, failing to answer charges that the driver violated (a)(1)a. or (a)(1)b. of the above or for a violation of 625 ILCS 5/6-101.

d.

Fleeing or attempting to elude a police officer, third or subsequent offense 625 ILCS 5/11-204(c).

e.

Aggravated fleeing or attempting to elude a police officer, 625 ILCS 5/11-204.1.

f.

Leaving the scene, after involvement in a motor vehicle accident involving death or personal injury, 625 ILCS 5/11-401.

g.

Reckless driving or reckless driving causing bodily harm to a child or school crossing guard, 625 ILCS 5/11-503(a), (b), (b-1), (c) and (d).

h.

Aggravated reckless driving, 625 ILCS 5/11-503(c).

i.

Reckless driving causing great bodily harm or permanent disability or disfigurement to a child or a school crossing guard, 625 ILCS 5/11-503(d).

j.

Street racing, second or subsequent offense; pursuant to 625 ILCS 5/11-506.

k.

Aggravated street racing, 625 ILCS 5/11-506(d)(3).

l.

Illegal transportation of alcohol/driver, 625 ILCS 5/11-502(a).

(2)

A violation of:

a.

Unlawful use of weapons, 720 ILCS 5/24-1.

b.

Unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections Facilities 720 ILCS 5/24-1.1.

c.

Aggravated discharge of a firearm, 720 ILCS 5/24-1.2.

d.

Aggravated discharge of a machine gun or a firearm equipped with a device designed or used for silencing the report of a firearm, 720 ILCS 5/24-1.2-5.

e.

Reckless discharge of a firearm, 720 ILCS 5/24-1.5.

f.

Aggravated unlawful use of a weapon, 720 ILCS 5/24-1.6.

g.

Unlawful possession of firearms and firearm ammunition, 720 ILCS 5/24-3.1.

h.

Unlawful sale or delivery of a firearm on the premises of any school, 720 ILCS 5/24-3.3.

(3)

A violation of:

a.

Indecent solicitation of a child, 720 ILCS 5/11-6.

b.

Aggravated assault, 720 ILCS 5/12-2.

c.

Aggravated battery, 720 ILCS 5/12-3.05.

d.

Theft, 720 ILCS 5/16-1.

e.

Theft of lost or mislaid property, 720 ILCS 5/16-2.

f.

Theft of labor or services or use of property, 720 ILCS 5/16-3.

g.

Theft from coin operated machine, 720 ILCS 5/16-5.

h.

Tampering with communication services; theft of communication services, 720 ILCS 5/16-18.

i.

Retail theft, 720 ILCS 5/16-25.

j.

Robbery, 720 ILCS 5/18-1.

k.

Armed robbery, 720 ILCS 5/18-2.

l.

Burglary, 720 ILCS 5/19-1.

m.

Residential burglary, 720 ILCS 5/19-3.

n.

Arson, 720 ILCS 5/20-1.

o.

Aggravated arson, 720 ILCS 5/20-1.

p.

Possession of explosives or explosive or incendiary devices, 20 ILCS 5/20-2.

q.

Criminal damage to property; 720 ILCS 5/21-1.

r.

Mob action, 720 ILCS 5/25-1.

(4)

The operation or use of a motor vehicle:

a.

In the commission of, or in the attempt to commit, a violation of the Cannabis Control Act, 720 ILCS 550/1 et seq.;

b.

In the commission of, or in the attempt to commit, a violation of the Illinois Controlled Substance Act, 720 ILCS 570/100, et seq.; or

c.

While soliciting, possessing, or attempting to solicit or possess cannabis or a controlled substance, as defined by the Cannabis Control Act 720 ILCS 550/1, et seq., or the Illinois Controlled Substance Act, 720 ILCS 570/100, et seq.

(5)

A violation of:

a.

Prostitution, 720 ILCS 5/11-14.

b.

Solicitation of a sexual act, 720 ILCS 5/11-14.1.

c.

Promoting prostitution, 720 ILCS 5/11-14.3.

d.

Promoting juvenile prostitution, 720 ILCS 5/11-14.4.

e.

Patronizing a prostitute, 720 ILCS 5/11-18.

f.

Patronizing a juvenile prostitute, 720 ILCS 5/11-18.1.

(6)

The motor vehicle is otherwise subject to seizure and impoundment pursuant to 720 ILCS 5/36-1;

(7)

A violation of 720 ILCS 5/11-03 (Reckless Driving) while the vehicle is part of a funeral procession, or in a manner that interferes with a funeral procession; or,

(8)

A violation of 625 ILCS 5/6-10 (Drivers must have licenses or permits), except where the violation is for a license which has been expired for 12 months or less, or for a license which is invalid because of curfew (as in the case of a graduated license).

(b)

Imposition of administrative penalty. The following shall apply to the administrative penalty imposed for costs pursuant to subsection (a):

(1)

All administrative penalties and towing and storage charges shall be imposed on the registered owner of the motor vehicle or the agent of that owner.

(2)

The fees shall be in addition to:

a.

Any other penalties that may be assessed by a court of law for the underlying violation; and

b.

Any towing or storage fees or both, charged by the towing company.

(3)

The administrative penalty shall be collected by the towing firm and paid to the village within ten days of payment being received by the towing firm.

(4)

The towing or storage fees, or both, shall be collected by and paid to the towing firm that tows and stores the impounded vehicles.

(5)

The towing firm shall keep detailed records regarding vehicles towed hereunder, rates charged, fees and penalties paid, and amounts received. Said records shall be available for inspection by the police department upon two days request by the police department.

(c)

Notice. 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 authorized by the village. Before or at the time the vehicle is towed, the police officer shall notify any person identifying himself as the owner of the vehicle or 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 the vehicle and of owner's right to request an administrative hearing, as provided for in subsection (d). Said vehicle shall be impounded pending the completion of the administrative hearing, unless the owner of the vehicle posts with the village a cash bond in the amount of $500.00 and pays the towing and storage charges.

(d)

Preliminary and full hearing. The police chief shall designate from time to time a person within the police department as a preliminary hearing officer. Within 24 hours of any vehicle being seized and impounded pursuant to this section, if requested by any owner of record, lessee, or any lienholder of record, the police department shall conduct a preliminary hearing at which time said owner of record, lessee, or any lienholder of record may present any evidence said person desires which would demonstrate a defense to said seizure and impoundment. If the police department determines that said evidence supports such a defense, the police department may release said vehicle without further process. If the police department determines that said evidence does not support such a defense, then the police department shall deny said preliminary hearing and proceed as outlined in the remainder of this section.

Within ten days after a vehicle is seized and impounded pursuant to this section, the village shall notify by certified mail, return receipt requested, the owner of record, lessee, and any lienholder of record at the address which the interested party is registered with the secretary of state, of the date, time, and location of the administrative hearing that will be conducted pursuant to this section. The initial administrative hearing shall be scheduled for not more than 45 days after the date the above notice is mailed. Notice by certified mail need not be given when the owner of record of the motor vehicle, any lessee and any lien holder of record have been personally served with notice, in written form, of the time, date and location of the hearing. The owner of record, any lessee, and any lienholder of record shall appear at a plea hearing and enter a plea of guilty or not guilty. If a plea of guilty is entered, the case will be disposed of at that time. If the owner of record, any lessee or any lienholder or record pleads not guilty, a final hearing shall be scheduled and held, unless continued by order of the hearing officer, no later than 45 days after the initial administrative hearing. All interested persons shall be given a reasonable opportunity to be heard at the hearing. At any time prior to the hearing date, the hearing officer may, at the request of either party, direct witnesses to appear and give testimony at the hearing. The formal rules of evidence will not apply at the hearing, and hearsay evidence shall be admissible only if it is the type commonly relied upon by reasonably-prudent persons in the conduct of their affairs. After the hearing, the hearing officers shall issue a written decision either sustaining or overruling the vehicle impoundment. If the hearing officer determines by a preponderance of evidence that the vehicle was used in connection with a violation set forth in this section, the hearing officer shall enter an order finding the owner of record of the vehicle civilly liable to the village for an administrative penalty in an amount not to exceed $500.00 and requiring the vehicle to continue to be impounded until the owner pays the administrative penalty to the village (or to the towing firm) plus fees to the towing firm for the towing and storage of the vehicle. If the owner of record, any lessee and any lienholder of record fails to appear at the hearing, the hearing officer shall enter a default order in favor of the village. If the hearing officer finds that no such violation occurred, the hearing officer shall order the immediate return of the owner's vehicle or cash bond without fees.

(e)

Administrative penalty. If an administrative penalty is imposed pursuant to this section, such penalty shall constitute a debt due and owing to the village. If a cash bond has been posted pursuant to this section, the bond shall be applied to the penalty. Unless stayed by a court of competent jurisdiction, any fine, penalty, or administrative fee imposed under this section which remains unpaid in whole or in part after the expiration of the deadline for seeking judicial review under the Administrative Review Law may be enforced in the same manner as a judgment entered by a court of competent jurisdiction. Except as provided otherwise in this section, a vehicle shall continue to be impounded until the penalty is paid to the village and any applicable towing and storage fees are paid to the towing firm, in which case possession of the vehicle shall be given to the person who is legally entitled to possess the vehicle or the vehicle is sold or otherwise disposed of to satisfy a judgment to enforce a lien as provided by law. If the vehicle is not retrieved within 35 days after an administrative hearing officer issues a written decision, the vehicle shall be deemed abandoned and shall be disposed of in the manner provided by law for the disposition of abandoned vehicles, as set forth in Article II, Chapter 4 of the Illinois Vehicle Code.

(f)

Vehicle possession.

(1)

Except as otherwise specifically provided by law, no owner, lien holder, or other person shall be legally entitled to take possession of a vehicle impounded under this section until the administrative penalty and fees applicable under this section have been paid. However, whenever a person with a lien of record against an impounded vehicle has commenced foreclosure proceedings, possession of the vehicle shall be given to that person if he or she agrees in writing to refund to the village the amount of the net proceeds of any foreclosure sale, less any amounts required to pay all lien holders of record, not to exceed the administrative penalty, plus the applicable fees.

(2)

For purposes of this section, the "owner of record" of a vehicle is the record title holder as registered with the secretary of state, State of Illinois.

(g)

General regulations.

(1)

This section shall not replace or otherwise abrogate any existing state or federal laws or village ordinance pertaining to vehicle seizure and impoundment, and these penalties shall be in addition to any penalties that may be assessed by a court for any criminal charges.

(2)

This section shall not apply if the vehicle used in the violation was stolen at that time and the theft was reported to the appropriate police authorities within 24 hours after the theft was discovered.

(3)

Fees for towing and storage of a vehicle under this section shall be those approved by the chief of police for all towers authorized to tow for the police department.

(Ord. No. 2015-01 , § 1, 3-16-2015)