A. Violations Authorizing Seizure: A motor vehicle operated with the permission, express or implied, of the owner of record, that is used in connection with any of the following violations shall be subject to seizure and impoundment by the village:
1. Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense for which a motor vehicle may be seized and forfeited pursuant to section 36-1 of the criminal code of 2012; or
2. Driving under the influence of alcohol, another drug or drugs, an intoxicating compound or compounds, or any combination thereof, in violation of section 11-501 of the Illinois vehicle code; or
3. Operation or use of a motor vehicle in the commission of, or in the attempt to commit, a felony or in violation of the cannabis control act; or
4. Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of the Illinois controlled substances act; or
5. Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of section 720 ILCS 5/24-1, 24-1.1, 24-1.2, 24-1.5, 24-1.6, 24-1.7, 24-1.8, 24-2.1, 24-2.2, 24-3, 24-1.2-5, 24-3.1, 24-3.2, 24-3.3, 24-3.4, 24-3.5, 24-3.6, 24-3.7, 24-3.8, 24-3.9 or 24-33A of the criminal code of 1961 or the criminal code of 2012, 625 ILCS 5/11-204 or 624 ILCS 5/11-204.1;
6. Driving while a driver’s license, permit, or privilege to operate a motor vehicle is suspended or revoked pursuant to section 6-303 of the Illinois vehicle code; except, that vehicles 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; or
7. Operation or use of a motor vehicle while soliciting, possessing, or attempting to solicit or possess, an unlawful amount of cannabis, or a controlled substance, as defined by the cannabis control act or the Illinois controlled substances act; or
8. Operation or use of a motor vehicle with an expired driver’s license, in violation of section 6-101 of the Illinois vehicle code, if the period of expiration is greater than one year; or
9. Operation or use of a motor vehicle without ever having been issued a driver’s license or permit, in violation of section 6-101 of the Illinois vehicle code, or operating a motor vehicle without ever having been issued a driver’s license or permit due to a person’s age; or
10. Operation or use of a motor vehicle by a person against whom a warrant has been issued by a circuit clerk in Illinois for failing to answer charges that the driver violated section 6-101, 6-303, or 11-501 of the Illinois vehicle code; or
11. Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of article 16 of the criminal code of 1961 or the criminal code of 2012.
12. Any vehicle that is used in the commission of prostitution as defined in the Illinois criminal code, 720 Illinois Compiled Statutes 5/11 et seq., solicitation of a sexual act, promoting prostitution, promoting juvenile prostitution, patronizing a prostitute or patronizing a minor engaged in prostitution, as defined in said code.
13. Any vehicle which is used by a person during the aiding or abetting or commission of a misdemeanor, felony or forcible felony, as those terms are defined in the Illinois criminal code, 720 Illinois Compiled Statutes 5/2-11, 5/2-7, and 5/2-8, respectively.
B. Driving While Intoxicated; Standard Of Evidence: A sworn report of a police officer, prepared in conformity with 625 Illinois Compiled Statutes 5/11-501.1, establishing that a person has refused testing or has submitted to a test that discloses a blood alcohol concentration of 0.08 or more, or any amount of a drug, substance, or intoxicating compound in the person’s breath, blood or urine resulting from the unlawful use or consumption of cannabis listed in the cannabis control act, controlled substance listed in the controlled substances act, or an intoxicating compound listed in the use of intoxicating compounds act, shall constitute prima facie evidence under this division sufficient to establish a finding of the vehicle owner’s liability under this division. The presumption may be rebutted by clear and convincing evidence. (Ord. 14-29, 9-16-2014; amd. 2016 Code; Ord. 20-06, 1-21-2020; Ord. 20-52, 10-6-2020; Ord. 22-19, 4-19-2022)