§ 70.041 VEHICLES SUBJECT TO SEIZURE AND IMPOUNDMENT.

   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)

§ 70.042 SEIZURE AND IMPOUNDMENT.

   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)

§ 70.043 EXCEPTIONS.

   (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)

§ 70.044 POSTING A BOND.

   If a bond in the amount of $500 is posted with the city, the impounded vehicle shall be released to the owner of record, upon the payment by the owner of record of the towing and storage costs. If a penalty is imposed for a violation of this subchapter, the bond will be forfeited to the city provided, in the event that a violation of this subchapter is not proven, the bond shall be returned to the person posting the bond. All bond money posted pursuant to this subchapter shall be held by the city until the Hearing Officer issues a decision or, if there is a judicial review, until a reviewing court issues a final decision.

(Prior Code, § 70.044) (Ord. 07-112, passed 12-11-2007; Ord. 2016-001, passed 1-12-2016)