A. A vehicle may be seized, towed and impounded by the village police department without prior notice to the registered owner and lienholder thereof, if applicable, when such vehicle or the operator thereof is believed to have caused any of the following violations. The village shall not be liable for any damage to any vehicle which occurs as a result of the towing and storage of any vehicle under the provisions of this chapter. In addition to all applicable towing and storage costs, an administrative penalty of five hundred dollars ($500.00) shall be imposed on the registered owner (but not a vehicle lienholder or vehicle leasing company, in which case, the lessee of the vehicle shall be responsible) of any such vehicle towed or impounded as a consequence of the following violations. Such fee or bond posted in lieu thereof shall be subject to refund or return, as the case may be, in the event of a finding of no violation at a hearing conducted to contest such violation as further prescribed in this chapter.
1. a. 625 Illinois Compiled Statutes 5/6-303 (driving while driver's license, permit or privilege to operate a motor vehicle is suspended or revoked), as amended, except where said violation is in regard to a person whose driver's license, permit or privilege to operate a motor vehicle is suspended only for a violation of the emissions inspection laws as set forth in 625 Illinois Compiled Statutes 5/13C-1 et seq., as amended;
b. 625 Illinois Compiled Statutes 5/11-204 (fleeing or attempting to elude a peace officer), as amended;
c. 625 Illinois Compiled Statutes 5/11-401 (motor vehicle accidents involving death or personal injuries), as amended;
d. 625 Illinois Compiled Statutes 5/11-402 (motor vehicle accident involving damage to vehicle), as amended;
e. 625 Illinois Compiled Statutes 5/11-403 (duty to give information and render aid), as amended;
f. 625 Illinois Compiled Statutes 5/11-404 (duty upon damaging unattended vehicle or other property), as amended;
g. 625 Illinois Compiled Statutes 5/11-501 (driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof), as amended;
h. 625 Illinois Compiled Statutes 5/11-501.8 (a person under age 21 driving with a blood alcohol level greater than 0.00 - zero tolerance), as amended;
i. 625 Illinois Compiled Statutes 5/11-503 (reckless driving or aggravated reckless driving), as amended;
j. 625 Illinois Compiled Statutes 5/11-506 (street racing), as amended; or
k. The stopping of a vehicle driven by a person against whom a warrant has been issued by a circuit court for that person's failure to appear to answer charges that such person was:
(1) Operating a motor vehicle while that person's license was suspended or revoked in violation of 625 Illinois Compiled Statutes 5/6-303, as amended; or
(2) Operating a motor vehicle while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof in violation of 625 Illinois Compiled Statutes 5/11-501, as amended.
2. a. 720 Illinois Compiled Statutes 5/11-6 (indecent solicitation of a child), as amended;
b. 720 Illinois Compiled Statutes 5/12-1 (assault), as amended;
c. 720 Illinois Compiled Statutes 5/12-2 (aggravated assault), as amended;
d. 720 Illinois Compiled Statutes 5/12-3 (battery), as amended;
e. 720 Illinois Compiled Statutes 5/12-4 (aggravated battery), as amended;
f. 720 Illinois Compiled Statutes 5/12-4.2 (aggravated battery with a firearm), as amended;
g. 720 Illinois Compiled Statutes 5/12-4.3 (aggravated battery of a child), as amended;
h. 720 Illinois Compiled Statutes 5/12-4.6 (aggravated battery of a senior citizen), as amended;
i. 720 Illinois Compiled Statutes 5/16A-3 (retail theft), as amended, when the value of the merchandise exceeds one hundred fifty dollars ($150.00);
j. 720 Illinois Compiled Statutes 5/18-1 (robbery);
k. 720 Illinois Compiled Statutes 5/18-2 (armed robbery), as amended;
l. 720 Illinois Compiled Statutes 5/19-1 (burglary), as amended;
m. 720 Illinois Compiled Statutes 5/19-3 (residential burglary), as amended;
n. 720 Illinois Compiled Statutes 5/20-1 (arson), as amended;
o. 720 Illinois Compiled Statutes 5/20-1.1 (aggravated arson), as amended;
p. 720 Illinois Compiled Statutes 5/20-2 (possession of explosives or explosive or incendiary devices), as amended;
q. 720 Illinois Compiled Statutes 5/21-1 (criminal damage to property), as amended; or
r. 720 Illinois Compiled Statutes 5/25-1 (mob action), as amended.
3. a. 720 Illinois Compiled Statutes 570/401 (manufacture or delivery of a controlled substance), as amended;
b. 720 Illinois Compiled Statutes 570/401.1 (controlled substance trafficking), as amended; or
c. 720 Illinois Compiled Statutes 570/402 (possession of a controlled substance), as amended.
4. a. 720 Illinois Compiled Statutes 550/4(d) (possession of more than 30 grams of any substance containing cannabis), as amended;
b. 720 Illinois Compiled Statutes 550/5 (manufacture or delivery of cannabis), as amended;
c. 720 Illinois Compiled Statutes 550/5.1 (cannabis trafficking), as amended;
d. 720 Illinois Compiled Statutes 550/5.2 (delivery of cannabis on school grounds), as amended; or
e. 720 Illinois Compiled Statutes 550/8 (unauthorized production or possession of Cannabis sativa plant), as amended.
5. a. 720 Illinois Compiled Statutes 5/24-1 (unlawful use of weapons), as amended;
b. 720 Illinois Compiled Statutes 5/24-3.1 (unlawful possession of firearms and firearm ammunition), as amended; or
c. 720 Illinois Compiled Statutes 5/24-3.3 (unlawful sale or delivery of firearms on the premises of any school), as amended.
This subsection A5 shall not apply when any of the exemptions set forth in 720 Illinois Compiled Statutes 5/24-2, as amended, are met. (Ord. 2010-07, 3-8-2010)
6. a. 720 Illinois Compiled Statutes 5/11-14 (prostitution), as amended;
b. 720 Illinois Compiled Statutes 5/11-14.1 (solicitation of a sexual act), as amended;
c. 720 Illinois Compiled Statutes 5/11-18 (patronizing a prostitute), as amended; or
d. 720 Illinois Compiled Statutes 5/11-18.1 (patronizing a juvenile prostitute), as amended. (Ord. 2010-07, 3-8-2010; amd. 2012 Code)
7. a. The motor vehicle is otherwise subject to seizure and impoundment pursuant to 720 Illinois Compiled Statutes 5/36-1 (seizure), as amended; or
b. A violation of 625 Illinois Compiled Statutes 5/6-101 (drivers must have licenses or permits), as amended, except where the violation is for a license which has been expired for less than twelve (12) months or for a license which is invalid because of curfew (as in the case of a graduated license); or
c. Any other felony violation, where the vehicle was used in the commission of a crime.
B. The administrative penalty imposed pursuant to this section shall constitute a debt due and owing the village. A vehicle towed and impounded pursuant to this chapter shall remain impounded until:
1. The administrative penalty is paid to the village, and all applicable towing fees at the prevailing rate charged for towing or moving the vehicle to a place of safety or authorized garage, as applicable, are paid to the towing agent; and if applicable, storage charges at the prevailing rate at the garage in which said vehicle is stored are paid; in which case, the owner of record shall be given possession of the vehicle; or
2. A bond in the amount of the administrative penalty is posted with the police department to satisfy the administrative penalty, and all applicable towing fees at the prevailing rate charged for towing or moving the vehicle to a place of safety or authorized garage, as applicable, are paid to the towing agent; and if applicable, storage charges at the prevailing rate at the garage in which said vehicle is stored are paid, at which time, such vehicle will be released to the owner of record thereof; or
3. The vehicle is deemed abandoned pursuant to the definition of "abandoned vehicle" in section 7-7-1 of this chapter, in which case, the vehicle shall be disposed of in the manner provided by law for the disposition of abandoned vehicles; or
4. A finding of impropriety is made at a posttow impoundment hearing as to such towing and impoundment for which such administrative penalty was imposed in accordance with the provisions of this chapter. (Ord. 2010-07, 3-8-2010)