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(A) The registered owner of a vehicle immobilized, towed or impounded under this subchapter shall have the right to a prompt hearing without the requirement of payment of outstanding fines and penalties for which final determinations have been made.
(B) (1) When the vehicle is immobilized, the Police Department shall place a notice on the vehicle advising the owner of his or her right to a hearing to contest the validity of the immobilization. If the vehicle is subsequently towed or impounded, the Traffic Compliance Administrator shall mail a post-immobilization/tow notice to the vehicle’s registered owner which includes the following information:
(a) Date of immobilization, towing and/or impoundment;
(b) Location of vehicle; and
(c) The vehicle was immobilized under this section for five or more unpaid final determinations of vehicular standing, parking, compliance or automated traffic law enforcement violations.
(2) The registered owner may contest the validity of the immobilization/tow by disproving liability for the unpaid final determinations of parking, standing, compliance or automated traffic law violations listed on the notice.
(3) A hearing to contest the validity of the vehicle immobilization/tow can be requested by submitting a written request for hearing to the Traffic Compliance Administrator within 14 days of the vehicle immobilization or impoundment, whichever is later. The request for hearing shall be deemed filed upon receipt by the Traffic Compliance Administrator.
(C) Upon receipt of a post-immobilization/tow hearing request, the Traffic Compliance Administrator shall schedule a hearing no later than the next regularly scheduled monthly administrative adjudication or parking/compliance hearing date. Notice of the hearing shall be sent by first class mail, postage paid, to the address as set forth on the hearing request. Service of the notice shall be complete on the date it is placed in the United States mail.
(D) If, after the hearing, the Traffic Compliance Administrator determines that the registered owner is not liable for five or more of the unpaid final determinations that provided the basis for the immobilization/tow, the vehicle in question shall be released to the owner and no immobilization, towing or storage fees shall be due. If, however, the Traffic Compliance Administrator determines that the registered owner is liable for five or more of the unpaid final determinations cited in the notice, the vehicle in question shall not be released until all fines, penalties, immobilization, towing and storage charges are paid.
(E) An order entered after the hearing to contest the validity of the immobilization, tow or impoundment is a final administrative decision within the meaning of § 3-101 of the Illinois Code of Civil Procedure (735 ILCS 5/3-101).
(Prior Code, § 70.026) (Ord. 2013-238, passed 7-23-2013; Ord. 2016-001, passed 1-12-2016)
If no post-impound/tow hearing is requested, the vehicle in question shall be released to the registered owner only after all fines, penalties, immobilization, towing and storage charges are paid.
(Prior Code, § 70.027) (Ord. 2013-238, passed 7-23-2013; Ord. 2016-001, passed 1-12-2016)
This subchapter shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. A full, true and complete copy of this subchapter shall be published in pamphlet form, by authority of the City Council as corporate authorities.
(Prior Code, § 70.028) (Ord. 2013-238, passed 7-23-2013; Ord. 2016-001, passed 1-12-2016)
SEIZURE AND IMPOUNDMENT
OF VEHICLES
OF VEHICLES
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGGRAVATED ASSAULT and AGGRAVATED BATTERY. A violation of 720 ILCS 5/12-2 and 720 ILCS 5/12-3.05, respectively.
ARMED ROBBERY. A violation of 720 ILCS 5/18-2.
BURGLARY and RESIDENTIAL BURGLARY. A violation of 720 ILCS 5/19-1 and 720 ILCS 5/19-3, respectively.
CONTROLLED SUBSTANCE. Any substance as defined and included in the schedules contained in Art. II of the Illinois Controlled Substance Act (720 ILCS 570/101 et seq.), as amended from time to time.
CRIMINAL DAMAGE TO PROPERTY. A violation of 720 ILCS 5/21-1.
DRIVING UNDER THE INFLUENCE. Any violation as defined in § 11-501 of the Illinois Vehicle Code (625 ILCS 5/11-501), as amended.
DRIVING WHILE LICENSE, PERMIT OR PRIVILEGE TO OPERATE A MOTOR VEHICLE IS SUSPENDED OR REVOKED. Any violation as defined in § 6-303 of the Illinois Vehicle Code (625 ILCS 5/6-303), as amended.
DRUG PARAPHERNALIA. Any equipment, product and/or materials as defined in § 2 of the Drug Paraphernalia Control Act (720 ILCS 600/2).
HEARING OFFICER. A licensed attorney who is not an officer.
OPERATION OF MOTOR VEHICLE WITHOUT A VALID DRIVER’S LICENSE. A violation of §§ 6-101 and/or 6-303 of the Illinois Vehicle Code (625 ILCS 5/6-101 and 625 ILCS 5/6-303), as amended from time to time, where the driver’s license or driving privileges have been suspended, revoked, canceled, never obtained or previously had been obtained and have been expired for not less than six months.
OWNER OF RECORD. The record titleholder to a motor vehicle.
RETAIL THEFT. A violation of 720 ILCS 5/16-26.
UNLAWFUL USE OF WEAPONS. A violation of § 24-1 of the Criminal Code of 1961 (720 ILCS 5/24-1), as amended.
(Prior Code, § 70.040) (Ord. 07-112, passed 12-11-2007; Ord. 2016-001, passed 1-12-2016; Ord. 2020-019, passed 5-26-2020)
A motor vehicle shall be subject to seizure and impoundment under this subchapter where such motor vehicle is used in the commission of any of the following:
(A) The unlawful possession or delivery of a controlled substance, drug paraphernalia or cannabis;
(B) Driving while under the influence;
(C) Driving while license, permit or privilege to operate a motor vehicle is suspended or revoked except a person whose driver’s license, permit or privilege to operate a motor vehicle is suspended only for a violation of the Emissions Inspection Law, 625 ILCS 5/13 et seq.;
(D) Operation of a motor vehicle without a valid driver’s license;
(E) The unlawful use of weapons;
(F) Retail theft, when the value of the merchandise exceeds $150;
(G) Aggravated assault, aggravated battery, armed robbery, burglary, residential burglary and criminal damage to property; and
(H) Any other offense under Illinois law. currently delineated and as amended from time to time, for which seizure and impoundment are permitted or mandated.
(Prior Code, § 70.041) (Ord. 07-112, passed 12-11-2007; Ord. 2016-001, passed 1-12-2016; Ord. 2020-019, passed 5-26-2020)
Whenever a police officer has probable cause to believe that vehicle is subject to seizure and impoundment pursuant to this chapter, and none of the circumstances delineated in § 70.043 of this chapter are present, the police officer shall cause the motor vehicle to be towed to a facility controlled by the city or its agents. When the vehicle is towed, the police officer shall notify any person identifying himself or herself as the owner of the vehicle or any 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 preliminary hearing as provided in the subchapter.
(Prior Code, § 70.042) (Ord. 07-112, passed 12-11-2007; Ord. 2016-001, passed 1-12-2016)
(A) Where a motor vehicle is subject to seizure and impoundment pursuant to this subchapter, a police officer shall cause the motor vehicle to be seized and impounded, unless:
(1) The owner or operator of the motor vehicle furnishes proof of valid, current motor vehicle insurance and the owner of the motor vehicle, who was not operating the motor vehicle at the time of the traffic stop nor involved in the commission of any of the crimes specified in § 70.041 of this chapter, appears on the scene of the traffic stop within 15 minutes, furnishes a current, valid driver license and is willing to and capable of safely and lawfully removing the motor vehicle; or
(2) The owner/operator of the motor vehicle furnishes proof of valid, current insurance, the operator has a passenger with a current, valid driver license in the motor vehicle, and the owner/operator of the vehicle executes an indemnification agreement, holding the city harmless for releasing the motor vehicle into the custody of said passenger, who is willing to and capable of safely and lawfully removing the motor vehicle.
(B) In such cases, the police officer is vested with discretion to determine if, under the totality of the circumstances, the motor vehicle is capable of being operated in a safe manner by either a properly-licensed owner of the motor vehicle or a properly-licensed passenger where the owner indemnifies the city for any damages resulting from the release of the motor vehicle to a properly-licensed passenger within said 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 or passenger in accordance with the regulations and procedures specified herein.
(Prior Code, § 70.043) (Ord. 07-112, passed 12-11-2007; Ord. 2016-001, passed 1-12-2016)
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