(A) Vehicle seizure and impoundment. The use of motor vehicles in certain criminal and traffic offenses is hereby declared to constitute a public nuisance. Except as otherwise provided, any motor vehicle operated, used, or in the physical control of any person, with the express or implied permission or consent of the owner of record (as registered with the Secretary of State, State of Illinois), on any public highway within the village during the commission of or in furtherance of any offense or violation set forth in division (B)(1) below, shall be subject to seizure and impoundment by the village, and the owner of record of the vehicle shall be liable to the village for an administrative fee in the amount of $500, in order to cover the costs incurred by the village in ensuring that the motor vehicle is properly removed from the scene of the incident, that the vehicle and personal property enclosed therein is secured, and to reimburse the village for costs associated with issuing notices and conducting any requested hearings as provided for herein. The $500 administrative fee shall be in addition to any towing and storage fees as hereinafter provided.
(B) (1) Violations or offenses subjecting vehicle to seizure and impoundment.
(a) The commission or attempted commission of any felony offense;
(b) The commission or attempted commission of any Class A misdemeanor;
(c) The commission or attempted commission of any lesser offenses (Class B or Class C misdemeanors or petty offenses), insofar as such lesser offenses are explicitly enumerated in this division (B)(1);
(d) Any of the following enumerated offenses:
1. Driving without a valid driver’s license in violation of ILCS Ch. 625, Act 5, § 6-101 or driving while driver’s license, permit, or privilege to operate a motor vehicle is suspended or revoked under ILCS Ch. 625, Act 5, § 6-303 or similar statute or local ordinance, excluding a suspension for an emission violation;
2. Driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof in violation of ILCS Ch. 625, Act 5, § 11-501 or similar local ordinance;
3. Fleeing or attempting to elude a police officer in violation of ILCS Ch. 625, Act 5, § 11-204 or aggravated fleeing or attempt to elude a police officer in violation of ILCS Ch. 625, Act 5, § 11-204.1 or similar local ordinance;
4. Street racing in violation of ILCS Ch. 625, Act 5, § 11-505 or similar local ordinance;
5. Unlawful use of a weapon in violation of any provision of Article 24 of the Illinois Criminal Code of 2012, as amended, ILCS Ch. 720, Act 5, §§ 24-1 et seq., or Chapter 44, Title 18 of the United State Code, as amended, 18 U.S.C §§ 921 et seq., or similar local ordinance;
6. Possession or delivery of a controlled substance in violation of the Illinois Controlled Substance Act, ILCS Ch. 720, Act 570, §§ 101 et seq., ILCS Ch. 720, Act 570, § 401, ILCS Ch. 720, Act 570, § 401.1, or ILCS Ch. 720, Act 570, § 402, or drug paraphernalia, as such term is defined in ILCS Ch. 720, Act 600, § 2;
7. Possession of cannabis in excess of ten grams in violation of ILCS Ch. 720, Act 550, § 4(c) or similar local ordinance;
8. Unlawful possession or transportation of alcohol in violation of ILCS Ch. 625, Act 5, § 11-502(a) or (b) or similar local ordinance;
9. Trafficking in persons in violation of ILCS Ch. 720, Act 5, § 10-9 or similar local ordinance;
10. Commission of a prostitution-related offense, including but not limiting to solicitation, promotion, patronage of a prostitute or prostituting in violation of Subdivision 15 of Article 11 of the Criminal Code of 2012, ILCS Ch. 720, Act 5, §§ 11-14 et seq., or similar local ordinance;
11. Disorderly conduct, including the commission of any act in such unreasonable manner as to provoke, make, or aid in making a breach of peace, any unreasonable or offensive act, utterance, gesture or display which, under the circumstances, creates a clear and present danger of a breach of peace or imminent threat of violence pursuant to ILCS Ch. 720, Act 5, § 26-1, or any similar state statute or local ordinance;
12. Falsely representing one’s self as a police officer in violation of ILCS Ch. 720, Act 5, § 32-5.1;
13. The commission of retail theft as defined in ILCS Ch. 720, Act 5, § 16A-3, regardless of the value of stolen merchandise;
14. Operating a motor vehicle not covered by a liability insurance policy or without evidence of same in accordance with ILCS Ch. 625, Act 5, §§ 7-601 and 7-602;
15. Leaving the scene of a motor vehicle accident involving personal injury or death;
16. Reckless homicide or vehicular homicide;
17. Operating a motor vehicle by a person against whom a warrant has been issued by a Circuit Court in Illinois for failing to answer any charge;
18. Speeding more than 26 miles per hour over the applicable speed limit, as set forth in ILCS Ch. 625, Act 5, § 11-601.5(a);
19. Possessing illegal fireworks in violation of ILCS Ch. 425, Act 5, § 2 or any similar local ordinance;
20. Driving recklessly in violation of ILCS Ch. 625, Act 5, § 11-503;
21. Driving a motor vehicle with an obstructed windshield or tinted windows in violation of ILCS Ch. 625, Act 5, § 12-503(a), (a-5), (a-10), (b) or (b-5);
22. Driving a motor vehicle while operating a sound amplification system which can be heard outside the vehicle from 75 or more feet in violation of ILCS Ch. 625, Act 5, § 12-611; or
23. Whenever towing or removal is necessary as an incident to arrest.
(2) Exceptions to vehicle to seizure and impoundment. Where a police officer has probable cause to believe that a motor vehicle is subject to seizure and impoundment pursuant to this chapter, such police officer shall cause the motor vehicle to be seized and impounded in accordance with the procedures set forth herein, unless the police officer, acting in his or her sole discretion and considering the totality of the circumstances, determines that seizure and impoundment is not reasonably necessary to protect public safety because the motor vehicle is capable of being operated in a safe manner by the properly-licensed owner of the motor vehicle. If the police officer so concludes, then a motor vehicle shall not be impounded, but rather be released into the custody of the owner. Such determination may only be made where the police officer finds all of the following:
(a) The owner of the motor vehicle was not operating the motor vehicle at the time of the traffic stop; and
(b) The owner of the motor vehicle was not involved in any manner with the commission of any of the activities set forth in division (B)(1) above; and
(c) The owner of the motor vehicle is available and capable of safely and lawfully removing the motor vehicle from the scene without delay; and
(d) The owner of the motor vehicle furnishes:
1. Proof of valid, current motor vehicle insurance as required by the Illinois Vehicle Code;
2. A valid, current driver’s license; and
(e) The motor vehicle is not needed as evidence of the commission of the underlying offense enumerated in division (B)(1) above.
(C) Existing regulations not abrogated.
(1) The provisions of this section shall be in addition to and shall not replace or otherwise abrogate any existing state or federal law or village ordinance that relates to the seizure and/or impoundment of motor vehicles, and the administrative fee provided herein shall be in addition to any and all penalties that may be assessed or imposed by a court or administrative Hearing Officer for the violation of any underlying criminal or quasi-criminal offense or local ordinance violation.
(D) Exceptions. The provisions of this section shall not apply if at the time of the offense the vehicle was stolen and the theft was reported to the appropriate police authority within 24 hours after the theft was discovered, or the vehicle was otherwise operated without the knowledge and express or implied consent of the registered owner.
(E) Notice; towing; release.
(1) Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this section and the police officer has arrested the operator or person in physical control of the vehicle for any of the offenses set forth in division (B)(1) above, 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 or any person identifying himself or herself as the owner of the vehicle, or any person who is found to be in physical control of the vehicle at the time of the alleged offense, of the fact of the seizure and of the vehicle owners right to request a preliminary vehicle impoundment hearing to be conducted in accordance with division (F)(1) and hearing pursuant to division (F)(2) herein. The vehicle shall be impounded pending the completion of the hearing(s) provided for in division (F)(1) and (2) herein, unless the owner of the vehicle or someone on his or her behalf posts with the village a cash bond in the amount of $500 and pays the towing and storage charges.
(2) Notwithstanding the provisions of division (E)(1) above, the arresting police officer may release the vehicle prior to towing if the vehicle subject to seizure and impoundment was not owned 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 operators 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 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, provided that such other person possesses a valid operators 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.
(F) Hearings.
(1) Preliminary hearing. The owner of record of a vehicle seized and impounded may contest the seizure and impoundment of the vehicle by requesting a preliminary hearing. To be effective, the owner must make a written request for a preliminary hearing within 24 hours of the seizure. The request shall be deemed filed upon delivery to the Bellwood Police Department, directed to the attention of the Chief of Police. The Chief of Police or his or her designee shall conduct the preliminary hearing within 24 hours after receipt of the request, excluding Saturdays, Sundays, or village holidays, in which case the preliminary hearing shall be heard on the next business day after the request. All interested parties shall be given a reasonable opportunity to be heard at the preliminary hearing. The formal rules of evidence shall not apply at the hearing, and hearsay evidence shall be admissible only if it is of the type commonly relied upon by reasonably prudent persons in the conduct of their affairs. The village shall not be required to produce any police officer or other witness at the preliminary hearing. Any and all reports, records, tickets, citations or other documents prepared or maintained in the normal course of village business may be admitted into evidence at the preliminary hearing and such documents shall be considered to be prima facie proof of the truth and correctness of the facts, statements and contents contained therein without the need for any additional foundation or testimony. If, at the conclusion of the hearing, the Chief of Police or his or her designee determines that (i) there is probable cause to believe that the vehicle was operated, used, or in the physical control of any person with the consent of the owner of record of such vehicle, during the commission of any offense enumerated in division (B)(1) above and was therefore properly subject to seizure and impoundment, and (ii) that the impoundment was reasonably necessary as a community caretaking function at the time of impoundment in order to not jeopardize the public safety, then he or she shall order the continued impoundment of the vehicle as herein provided, unless the owner of the vehicle posts with the village a cash bond in the amount of $500 and pays any applicable towing and storage fees. If the Chief of Police or his or her designee determines that there is no such probable cause to believe the vehicle was used or operated during the commission or attempted commission of the offenses set forth in division (B)(1) above, or the Chief of Police or his or her designee determines that the impoundment was not reasonably necessary as a community caretaking function at the time of impoundment, then the vehicle shall be returned to the registered owner without payment of the administrative fee or the posting of any bond.
(2) Notice; procedures; final hearing. Within ten days after a vehicle is seized and impounded, the Chief of Police or his or her designee shall notify the registered owner of record of the seized and impounded vehicle by certified mail, return receipt requested, and first class mail, postage prepaid, of the date, time, and location of a final hearing to be conducted. Notice by certified mail need not be given when the owner of the vehicle has been personally served with notice, in written form, of the time, date and location of the final hearing. Such final hearing shall take place within 45 days of the seizure and impoundment of the vehicle. The owner shall appear at the hearing and enter a determination to contest or not contest the basis of the seizure and impoundment.
(a) If the owner elects not to contest the basis for the seizure, the Hearing Officer shall review the evidence and, if he or she determines by a preponderance of the evidence that the seizure and impoundment was proper, the Hearing Officer shall issue a written order finding the owner of the vehicle liable to the village for an administrative fee in the amount of $500. The village shall not be required to produce any police officer or other witness at the hearing. Any and all reports, records, tickets, citations or other documents prepared or maintained in the normal course of village business may be admitted into evidence at the preliminary hearing and such documents shall be considered to be prima facie proof of the truth and correctness of the facts, statements and contents contained therein without the need for any additional foundation or testimony.
(b) 1. If the owner elects to contest the basis for the impoundment and seizure, a hearing shall be held immediately, unless continued by order of the Hearing Officer. Continuances shall only be granted for good cause shown. 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 the registered owner of the vehicle or the village, direct witnesses to appear and give testimony at the hearing. Subpoenas for the production of witnesses and records may be issued upon request of either party. The formal rules of evidence shall not apply at the hearing, and hearsay evidence shall be admissible only if it is of the type commonly relied upon by reasonably prudent persons in the conduct of their affairs. The village shall not be required to produce any police officer or other witness at the hearing. Any and all reports, records, tickets, citations or other documents prepared or maintained in the normal course of village business may be admitted into evidence at the preliminary hearing and such documents shall be considered to be prima facie proof of the truth and correctness of the facts, statements and contents contained therein without the need for any additional foundation or testimony. If, after the hearing, the Hearing Officer determines by a preponderance of the evidence that the vehicle was used or operated in connection with or during the commission or attempted commission of any offense set forth in division (B)(1) above and that the impoundment was reasonably necessary as a community caretaking function to prevent jeopardizing the public safety, the Hearing Officer shall issue a final, written Findings, Decision and Order finding the owner of record of the vehicle liable to the village for an administrative fee in the amount of $500. The Hearing Officer shall order the vehicle to remain impounded until the owner or someone on the owner’s behalf pays the administrative fee to the village plus any and all fees to the towing entity or village for the towing and storage of the vehicle as the case may be. In the event a $500 bond was posted prior to the hearing, it will be retained by the village as final payment of the administrative fee assessed by the Hearing Officer.
2. If the Hearing Officer determines by a preponderance of the evidence that the vehicle was not used or operated in connection with or during the commission or attempted commission of any offense set forth in division (B)(1) above, or that the operator or person in physical control of the vehicle was not arrested for that offense, or that the vehicle should have been released to the owner pursuant to the written consent and directive of the vehicle owner pursuant to division (B)(2) above, or that the towing and impoundment was otherwise improper, the Hearing Officer shall issue a final, written Findings, Decision and Order finding the owner of record of the vehicle not liable to the village, decline to assess an administrative fee, order the immediate release of the vehicle, if still impounded, and a return of the $500 bond, if such bond was posted by the owner prior to the hearing.
(c) If, after proper service of notice, the owner of record fails to appear at the hearing, the Hearing Officer shall conduct the hearing in absentia. The village shall not be required to produce any police officer or other witness at the hearing. Any and all reports, records, tickets, citations or other documents prepared or maintained in the normal course of village business may be admitted into evidence at the preliminary hearing and such documents shall be considered to be prima facie proof of the truth and correctness of the facts, statements and contents contained therein without the need for any additional foundation or testimony. After reviewing the evidence and confirming the propriety of the towing and impoundment by a preponderance of the evidence, the Hearing Officer shall issue a written order of default finding the owner of the vehicle liable to the village for an administrative fee in the amount of $500, a copy of which default order shall be sent to the registered owner via certified mail, return receipt requested, and first class mail, postage prepaid.
(G) Administrative fee. If the vehicle owner is found liable for the administrative fee by the Hearing Officer, such administrative fee shall constitute a debt due and owing to the village. The administrative fee shall be paid into the General Corporate Fund of the village. If a cash bond has been posted, the bond shall be applied to the administrative fee. If a vehicle is still impounded at the time that the administrative fee is imposed, the village may seek to enforce such judgment against the vehicle or its owner as provided by law. Except as may otherwise be provided in this section, all vehicles shall continue to be impounded until (i) cash bond is posted and any applicable towing and storage fees are paid to the towing entity or the village, as the case may be, in which case possession of the vehicle shall be given to the person who is legally entitled to possess the vehicle, or (ii) the administrative fee is paid to the village and any applicable towing and storage fees are paid to the towing entity or village, as the case may be, in which case possession of the vehicle shall be given to the person who is legally entitled to possess the vehicle, or (iii) the vehicle is sold or otherwise disposed of to satisfy a judgment and lien as provided by law. If bond is not posted or the administrative fee and applicable towing and storage fees are not paid within 30 days after the expiration of time in which review of the Hearing Officer’s determination may be sought, or within 30 days after an action seeking administrative review has been resolved in favor of the village, whichever is applicable, the vehicle shall be deemed unclaimed and shall be disposed of in the manner provided by law for the disposition of unclaimed vehicles under the Illinois Vehicle Code.
(H) Vehicle possession. Except as may otherwise be provided by law or by order of the Hearing Officer, no owner, lien holder of record, or other person shall be legally entitled to take possession of a seized and impounded vehicle until the bond, administrative fee and towing and storage fees have been paid. The foregoing notwithstanding, whenever a person or entity with a lien of record against an impounded vehicle has commenced foreclosure or repossession proceedings, possession of the vehicle will be given to that person or entity if such person or entity agrees in writing to refund to the village the amount of the net proceeds of any foreclosure sale or other sale of the repossessed vehicle, less any amounts required to pay all lien holders of record, not to exceed the sum of the administrative fee.
(Ord. 8-76, passed 8-20-08; Am. Ord. 15-3, passed 1-21-15)