(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CANNABIS (MARIJUANA). Shall be as defined in the Cannabis Control Act, ILCS Ch. 720, Act 550.
CONTROLLED SUBSTANCES. Shall be defined as in the Controlled Substances Act, ILCS Ch. 720, Act 570.
OWNER OF RECORD. Of a vehicle, means the record title holder.
PROSTITUTION, PANDERING and SOLICITING FOR A PROSTITUTE and a SOLICITATION OF SEX ACT have the same meanings given them in the Illinois Criminal Code as amended.
PUBLIC PLACE. Any street, sidewalk, bridge, alley or alleyway, plaza, park, driveway, parking lot, or transportation facility or the doorways and entrance-ways to any building which fronts on any of the aforesaid places, or any other public way.
(B) Any person who remains or wanders in a public place and repeatedly beckons to or repeatedly attempts to engage, passers-by in conversation, or repeatedly interferes with the free passage of the other persons, for the purpose of prostitution or of soliciting for a prostitute, or solicitation of sex act shall be guilty of a violation of this section.
(C) Any person who remains or wanders about in a public place and repeatedly beckons to, or repeatedly stops, or repeatedly attempts to stop, or repeatedly attempts to engage passers-by in conversation , or repeatedly stops or attempts to stop motor vehicles, or repeatedly interferes with the free passage of other persons, for the purpose of pandering shall be guilty of violation of this section.
(D) Prostitution–impoundment.
(1) A motor vehicle that is used [with the knowledge of the owner of record] in the violation of this section, or in the commission of prostitution as defined in ILCS Ch. 720, Act 5, §§ 11 through 14 of the Criminal Code of 1961, or solicitation of a sex act as defined in ILCS Ch. 720, Act 5, §§ 11 through 14.1 of such Code, soliciting for a prostitute as defined in ILCS Ch. 720, Act 5, §§ 11 through 15 of such Code, soliciting for a juvenile prostitute as defined in ILCS Ch. 720, Act 5, §§ 11 through 15.1 of such Code, or patronizing a juvenile prostitute as defined in ILCS Ch. 720, Act 5, §§ 11 through 18.1 of such Code shall be subject to seizure and impoundment under this division. The owner of record of such vehicle shall be liable to the village for a penalty of $500 in addition to fees for the towing and storage of the vehicle.
(2) 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 controlled by the village or its agent. When the vehicle is towed, the police officer shall notify the person who is found to be in control of the vehicle at the time of the alleged violation, if there is such a person, of the fact of the seizure and of the vehicle owner's right to request a hearing to be conducted under this section.
(3) The owner of record of the vehicle seized and impounded pursuant to this division may request a hearing. An administrative hearing officer of the village shall conduct the hearing. If after the hearing, the administrative hearing officer determines by a preponderance of evidence that the vehicle was used in the commission of any of the violations described in subsection (1), the administrative hearing officer shall enter an order requiring the vehicle to continue to be impounded until the owner pays a penalty of $500 plus fees for the towing and storage of the vehicle. The penalty and fees shall be a debt due and owing the village. However if a cash bond has been posted the bond shall be applied to the penalty. If the hearing officer determines that the vehicle was not used in such violation, he or she shall order the return of the vehicle or cash bond. Notwithstanding any other provision of this section, whenever a person with a lien of record against a vehicle impounded under this section 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 net proceeds of any foreclosure sale, less any amounts necessary to pay lienholders of record, up to the total amount to penalties and fees imposed under this division.
(4) Any motor vehicle that is not reclaimed with 30 days after expiration of the time during which the owner of record may seek judicial review of the village's action under this section, or the time at which a final judgment is rendered in favor of the village, or the time of a final administrative decision is rendered against an owner of record who is in default may be disposed of as an unclaimed vehicle as provided by law.
(5) Any person who appears in public place and exposes the genitals, vulva, pubis, pubic hair, buttocks, perineum, anus anal region or pubic hair region, or any portion of the female breast at or below the upper edge of the areola, for the purpose of prostitution shall be guilty of a violation of this section.
(6) Any person who responds to the beckoning of a prostitute in a public place by inquiring about, negotiating for, accepting an offer of/or engaging in an act of prostitution, or by allowing another into his or her motor vehicle for purposes of inquiring about, negotiating for, accepting an offer of/or engaging in an act of prostitution, shall be guilty of a violation of this section. The Police Chief shall distribute to local newspapers the names of all persons convicted of violating this section.
(7) A person who violates any provision of this section shall be fined not less than $500. To the extent allowed by law, personnel of the department of police shall prevent and oppose the release of any person charged with a violation of this section on bond secured by that person's own recognizance.
(E) Unlawful drugs–impoundment of motor vehicle and hearing.
(1) The owner of record of any motor vehicle that contains any controlled substance or cannabis, as defined in the Controlled Substance Act, ILCS Ch. 720, Act 570, §§ 100 et seq., and the Cannabis Control Act, ILCS Ch. 720, Act 550, §§ 1 et seq., or that is used in the purchase, attempt to purchase, sale, or attempt to sell such controlled substances or cannabis shall be liable to the village for an administrative penalty of $500 plus any applicable towing and storage fees. Any such vehicle shall be subject to seizure and impoundment pursuant to this section. This subsection shall not apply if the owner proves that the presence of the controlled substance or cannabis was authorized under the Controlled Substances Act or the Cannabis Control Act.
(2) 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 controlled by the village or its agent. When the vehicle is towed, the police officer shall notify the person who is found to be in control of the vehicle at the time of the alleged violation, if there is such a person, of the fact of the seizure and of the vehicle owner's right to request a hearing to be conducted under this section.
(3) An administrative hearing officer of the village shall conduct a hearing after the seizure, if the owner of a vehicle seized pursuant to this chapter has made a written request for a hearing after the seizure, unless the Department of Police determines that it must retain custody of the vehicle under applicable state or federal forfeiture law. All interested persons shall be given a reasonable opportunity to be heard at the hearing. The formal rules of evidence will not apply at the hearing, and hearsay evidence shall be admissible. If, after the hearing, the hearing officer determines that there is probable cause to believe that the vehicle is subject to impoundment and seizure under subsection (1), the hearing officer shall order the continued impoundment of the vehicle as provided in this section unless the owner of the vehicle posts with the village a cash bond in the amount of $500 plus the accumulated costs of towing and storing. If the hearing officer determines that there is no such probable cause, the vehicle will be returned without penalty or other fees.
(4) If after the hearing, the administrative hearing officer determines by a preponderance of evidence that the vehicle was used in the commission of any of the violations described in subsection (1), the administrative hearing officer shall enter an order requiring the vehicle to continue to be impounded until the owner pays a penalty of $500 plus fees for the towing and storage of the vehicle. The penalty and fees shall be a debt due and owing the village. However if a cash bond has been posted the bond shall be applied to the penalty. If the hearing officer determines that the vehicle was not used in such violation, he or she shall order the return of the vehicle or cash bond. Notwithstanding any other provision of this section, whenever a person with a lien of record against a vehicle impounded under this section 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 net proceeds of any foreclosure sale, less any amounts necessary to pay lienholders of record, up to the total amount to penalties and fees imposed under this subsection. No vehicle shall be returned to the owner of record unless and until the village receives notice from the appropriate state or, where applicable federal officials that (i) forfeiture proceedings will not be instituted or (ii) forfeiture proceedings have concluded and there is a settlement or a court order providing that the vehicle shall be returned to the owner of record.
(5) If an administrative penalty is imposed pursuant to this section, such penalty shall constitute a debt due and owing to the village. The record owner's obligation to pay such debt to the village shall be independent of the village's return of any impounded vehicle. If a cash bond has been posted pursuant to this section, the bond shall be applied to the penalty. Except as provided otherwise in this section, an impounded vehicle shall be returned to the record owner, or other person who is legally entitled to possess the vehicle, upon his or her payment to the village of the penalty, plus any applicable towing and storage fees, unless the vehicle has been sold or otherwise disposed of to satisfy a judgment or enforce a lien as provided by law. Notwithstanding any other provision of this section, no vehicle shall be returned to the record owner unless and until the village has received notice from the appropriate state or, where applicable, federal officials that (i) forfeiture proceedings will not be instituted or (ii) forfeiture proceedings have concluded and there is a settlement or court order providing that the vehicle shall be returned to the owner of record.
(6) Any motor vehicle that is not reclaimed within 30 days after expiration of the time during which the owner of record may seek judicial review of the village's action under this section, or the time at which a final judgment is rendered in favor of the village, or the time of a final administrative decision is rendered against an owner of record who is in default may be disposed of as an unclaimed vehicle as provided by law; provided, however that where proceedings have been instituted under state or federal drug asset forfeiture laws, the subject vehicle may be disposed of by the village except as consistent with those proceedings. Where the vehicle is sold by the village and proceeds from the sale are greater than the amount due the village in penalty and towing and storage costs, then the owner of record may obtain those net proceeds by filing a claim with the village.
(Ord. 02-25, passed 7-19-02)