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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)
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)
(A) Preliminary hearings.
(1) Where the owner of a motor vehicle seized under the provisions of the subchapter requests a preliminary hearing within 12 hours after the seizure of the motor vehicle, the watch commander or any supervising officer must conduct a preliminary hearing within 24 hours after the request for a preliminary hearing is received by the city; provided that, if the date for the hearing falls on a Saturday, Sunday or legal holiday, the preliminary hearing will be held on the next business day following the Saturday, Sunday or legal holiday.
(2) For purposes of this section, the following shall apply.
(a) All interested persons shall be given a reasonable opportunity to be heard at the preliminary hearing.
(b) The formal rules of evidence shall not apply at the hearing, and hearsay testimony will be allowed and shall be admissible.
(c) If, after the conclusion of the hearing, the watch commander or supervising officer determines that there is probable cause to believe that the vehicle was used as hereinabove provided in § 70.041 of this chapter and that no driver fulfilling all of the criteria set forth in § 70.042 of this chapter was available to remove the motor vehicle from the scene of the traffic stop, the watch commander or supervising officer shall order the continued impoundment of the vehicles, unless the owner of the vehicle posts a cash bond with the city in the amount of $500, plus the towing and storage costs.
(d) If the watch commander or supervising officer determines that there is not probable cause to believe that the vehicle was used as hereinabove provided in § 70.041 of this chapter, or that an alternative driver fulfilling all of the criteria set forth in § 70.042 of this chapter was available to safely remove the motor vehicle from the scene of the traffic stop, then the motor vehicle shall be returned to the owner of record of the vehicle without any penalty or other costs.
(B) Final hearing.
(1) Notice of hearing. Within 45 days after a motor vehicle is seized and impounded pursuant to this subchapter, the city shall notify the owner of record of the vehicle of the date, time and location of a final hearing. Such notice shall be mailed by certified mail, return receipt requested, to the owner of record, as shown on the records of the Illinois Secretary of State. Notice by certified mail need not be given when the owner of the vehicle has been personally served with notice in written form of the time, date and location of the hearing.
(2) Requesting a hearing. A person whose vehicle is seized pursuant to this subchapter may apply for a hearing to assert that he or she or the person driving the vehicle was not in violation of this subchapter at the time the vehicle was seized. The application for a hearing shall be made no later than seven days after notice has been given either personally or by certified mail, whichever is applicable in the given circumstance. The application to request a hearing shall be provided by the city at the time that notice is given. The bond shall be forfeited in the event a hearing is not requested as provided for in this section. After an application for hearing is received by the city, a subsequent notice shall be sent to the person that requested the hearing notifying that person of the date, time and location of the hearing.
(3) Hearing. For purposes of this section, the following shall apply at an owner’s final hearing.
(a) Unless continued by order of the Hearing Officer, the hearing shall be held within 60 days after the motor vehicle was seized.
(b) All interested persons shall be given a reasonable opportunity to be heard at the hearing.
(c) If, after the conclusion of the hearing, the Hearing Officer determines by a preponderance of the evidence that the vehicle was used as hereinabove provided in § 70.041 of this chapter and that no driver fulfilling all of the criteria set forth in § 70.042 of this chapter was available to remove the motor vehicle from the scene of the traffic stop, the Hearing Officer shall order the continued impoundment of the vehicle until the owner of the vehicle pays to the city a penalty in the amount of $500, plus the towing and storage costs. The penalty and costs shall be a debt to the city.
(d) If the owner of record fails to appear at the hearing, the Hearing Officer shall enter an order of default in favor of the city, which order shall require the payment to the city of an administrative penalty of $500.
(e) If the Hearing Officer determines that the vehicle was not used as provided in § 70.041 of this chapter, or that such vehicle was so used but that a driver fulfilling all of the criteria set forth in § 70.042 of this chapter would have been available to safely remove the motor vehicle from the scene of the traffic stop, then the motor vehicle shall be returned to the owner of record of the vehicle without any penalty or other costs, or, if a cash bond had previously been posted, the cash bond shall be returned.
(Prior Code, § 70.045) (Ord. 07-112, passed 12-11-2007; Ord. 2016-001, passed 1-12-2016)
(A) Any motor vehicle that is not claimed within 30 days after the expiration of time in which the owner of record may seek judicial review of the action of the city under this subchapter, or the time at which a final judgment is rendered in favor of the city by a court of proper jurisdiction, or the time at which a final administrative decision is rendered against an owner of record who is in default, may be disposed of as an abandoned or unclaimed vehicle, as otherwise provided by law.
(B) If the penalty and towing and storage costs are not paid within 80 days after a penalty is imposed pursuant to this subchapter, the vehicle shall be deemed to be abandoned and may be disposed of in the manner provided by law for the disposition of abandoned or unclaimed vehicles, unless a petition for judicial review is filed with a court of proper jurisdiction. Where a petition for judicial review of the Hearing Officer’s determination is filed and pending in a court of proper jurisdiction, the vehicle shall not be deemed to be abandoned and shall not be sold. If the petition for judicial review is resolved in favor of the city, the vehicle shall be deemed abandoned and may be disposed of by the city if the penalty and towing and storage costs are not paid within 30 days after the date of the court order.
(Prior Code, § 70.046) (Ord. 07-112, passed 12-11-2007; Ord. 2016-001, passed 1-12-2016)
(A) The owner of record of a motor vehicle that is seized or impounded shall be liable to the city for a penalty and administrative fee of $500 in addition to any fees for the towing and storage of the motor vehicle.
(B) Fees for towing and storage are established by the towing company and not by the city, except where the motor vehicle is stored on city property, in which case the storage cost shall be established by the City Administrator or Chief of Police.
(C) A vehicle impounded pursuant to this subchapter shall remain impounded until the earlier of the following events occurs:
(1) The penalty is paid to the city, and all towing and storage costs are paid to the towing company;
(2) A bond in amount equal to the liability of the owner as herein provided in division (A) above is posted with the city and all applicable towing and storage costs are paid to the towing company;
(3) The vehicle is deemed abandoned, in which case the vehicle shall be disposed of in the manner provided by law for the disposition of abandoned or unclaimed vehicles; and
(4) Except as otherwise specifically provided by law, no owner, lien holder or any other person shall be legally entitled to take possession of a motor vehicle impounded under this subchapter until the penalty and all towing and storage costs applicable under this subchapter have been paid in full.
(Prior Code, § 70.047) (Ord. 07-112, passed 12-11-2007; Ord. 2016-001, passed 1-12-2016)
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