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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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