A. Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this part and the police officer has arrested the operator or person in physical control of the vehicle for any of the offenses set forth in section 6-19-102 of this part, the police officer shall provide for the towing of the vehicle to a facility authorized by the Village. Prior to or at the time the vehicle is towed, the police officer shall notify or make a reasonable attempt to notify the owner, lessee or any person identifying himself or herself as the owner or lessee of the vehicle, or any person who is found to be in the physical control of the vehicle at the time of the alleged offense, of the fact of the seizure and of the vehicle owner's or lessee's right to request a preliminary vehicle impoundment hearing to be conducted in accordance with subsection 6-19-106A of this part and hearing pursuant to subsection 6-19-106B of this part. The vehicle shall be impounded pending the completion of the hearing(s) provided for in subsection 6-19-106A and B of this part, unless the owner or lessee of the vehicle or someone on his, her or their behalf, or a lienholder, posts with the Village a cash bond in the amount of five hundred dollars ($500.00) and pays the towing and storage charges.
B. Notwithstanding the provisions of subsection A of this section, the arresting police officer may release the vehicle prior to towing if the vehicle subject to seizure and impoundment was not owned or leased by the person placed under arrest and the registered owner or some other person legally authorized to possess the vehicle shall arrive at the scene of the arrest prior to the actual removal or towing of the vehicle and the lawful owner or person lawfully entitled to possession of the vehicle possesses a valid operator's license, proof of ownership or registration, proof of liability insurance and would not, as determined by the arresting police officer, indicate a lack of ability to operate the motor vehicle in a safe manner, or who would otherwise, by operating the motor vehicle, not be in violation of the Illinois Vehicle Code. If the vehicle subject to seizure and impoundment is owned or leased by the person under arrest, the arresting officer may, prior to the actual removal or towing of the vehicle, release the vehicle to another person with the written consent of the owner or lessee, provided that such other person possesses a valid operator's license, proof of liability insurance and would not, as determined by the arresting police officer, indicate a lack of ability to operate the motor vehicle in a safe manner or who would otherwise, by operating the motor vehicle, not be in violation of the Illinois Vehicle Code. (Ord. 2012-48, 6-5-2012)