A. Definitions: For the purpose of this section, a "motor driven scooter" is defined as any electric or gas driven wheeled scooter, motor driven cycle or other similar motor driven vehicle for which the state of Illinois does not issue a title document, and does not issue license plates or registration documents.
B. Operation Of Motor Driven Scooters Restricted: No person shall operate a motor driven scooter upon any public street, sidewalk, parking lot, bike path, park or on any other public property within the village of Broadview.
C. Exemptions: The following shall be exempt from the prohibitions contained in this section:
1. Any police vehicle, fire vehicle, municipal vehicle, special district vehicle, county vehicle or forest preserve district vehicle operated by an employee in the course of his or her duties.
2. Motorized wheelchairs. For purposes of this section, a "motorized wheelchair" means any motorized vehicle designed for and used by a person with disabilities.
3. Electronic personal assistive mobility devices, as defined in section 5/1-117.7 of the Illinois vehicle code 1 .
D. Violations: Any person eighteen (18) years of age or older who violates any of the provisions of this section shall be subject to a fine of not less than seventy five dollars ($75.00) nor more than seven hundred fifty dollars ($750.00) for each offense. An offense committed by a minor under the direct control or with the consent of a parent or guardian may subject the parent or guardian to the penalties provided in this subsection. (Ord. 2004-23, 11-1-2004)
CHAPTER 4.1
VEHICLE IMMOBILIZATION
(Rep. by Ord. 09-66, 12-21-2009)
CHAPTER 4.2
TOWING AND IMPOUNDMENT
SECTION:
7-4.2--1: Motor Vehicles Subject To Towing And Impoundment
7-4.2--2: Violations Or Offenses
7-4.2--3: Conflict Of Law
7-4.2--4: Approval Of Towing Company Fees
7-4.2--5: Theft Of Motor Vehicle
7-4.2--6: Towing/Seizure Of Motor Vehicle
7-4.2--7: Preliminary Hearing
7-4.2--8: Notice Of Hearing
7-4.2--9: Hearing
7-4.2-10: Unclaimed Motor Vehicles
7-4.2-11: Lienholders
7-4.2-12: Administrative Adjudication
7-4.2-1: MOTOR VEHICLES SUBJECT TO TOWING AND IMPOUNDMENT:
Any motor vehicle operated, used, or in the physical control of any person with the express or implied permission of the owner of record (as registered with the secretary of state of Illinois or any applicable state), on any public highway within the village of Broadview during the commission of or in furtherance of any offense or violation set forth herein, shall be subject to seizure and impoundment by the village of Broadview, and the owner of record of said motor vehicle shall be liable to the village for an impoundment fee in an amount of five hundred dollars ($500.00) plus the payment of the actual costs charged to the village by the towing company for towing fees, and the payment of a storage fee of twenty dollars ($20.00) for each day of storage or the actual cost charged to the village if not stored by the village (whichever fee is greater). (Ord. 09-39, 9-8-2009)
7-4.2-2: VIOLATIONS OR OFFENSES:
A. The arrest of the operator of a motor vehicle for the following violations or offenses shall subject a motor vehicle to seizure and impoundment:
1. | 720 ILCS 5/11-14 | Prostitution. |
720 ILCS 5/11-15 | Soliciting for a prostitute. | |
720 ILCS 5/11-15.1 | Soliciting for a juvenile prostitute. | |
720 ILCS 5/11-18 | Patronizing a prostitute. | |
720 ILCS 5/11-18-1 | Patronizing a juvenile prostitute. | |
2. | 720 ILCS 5/12-4.2 | Aggravated battery with a firearm. |
3. | 720 ILCS 5/24-1 | Unlawful use of weapon. |
720 ILCS 5/24-1.2 | Aggravated discharge of a firearm. | |
4. | 720 ILCS 550/4(c) – 550/4(g) | Possession of cannabis punishable as a class A misdemeanor or higher. |
5. | 720 ILCS 570/401 – 570/413 | Possession of a controlled substance. |
6. | 625 ILCS 5/6-303 | Driving while driver's license, permit, or privilege to operate a motor vehicle is suspended or revoked, excluding emissions suspension when the emissions suspension is the sole reason for the suspension. |
7. | 625 ILCS 5/11-501 | Driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof. |
8. | 625 ILCS 5/11-204 | Fleeing or attempting to elude a peace officer. |
625 ILCS 5/11-204.1 | Aggravated fleeing or attempt to elude a peace officer. | |
9. | 625 ILCS 5/11-503 | Reckless driving, aggravated reckless driving. |
10. | 625 ILCS 5/11-506 | Street racing, aggravated street racing. |
11. | Operator of a motor vehicle who is also the owner of record of the motor vehicle has an outstanding arrest warrant. | |
12. | The use of a motor vehicle as a part of the commission of a felony. | |
13. | Operator of the motor vehicle never having been issued a driver's license. | |
(Ord. 09-39, 9-8-2009)
7-4.2-3: CONFLICT OF LAW:
The provisions of this chapter shall be in addition to and shall not replace or otherwise abrogate any existing state or federal law or village ordinance that relates to the seizure and/or impoundment of motor vehicles, and any penalty provided herein shall be in addition to any and all penalties that may be assessed or imposed by a court for violation of any criminal offense or local ordinance violation offense. (Ord. 09-39, 9-8-2009)
7-4.2-4: APPROVAL OF TOWING COMPANY FEES:
Any and all fees incurred for towing and/or storage of a motor vehicle seized under this chapter shall be those approved by the chief of police for all towing companies authorized to operate in the village. (Ord. 09-39, 9-8-2009)
7-4.2-5: THEFT OF MOTOR VEHICLE:
The provisions of this chapter shall not apply if at the time of the offense the motor vehicle was stolen and the theft was reported to the appropriate police authority within twenty four (24) hours after the theft was discovered. (Ord. 09-39, 9-8-2009)
7-4.2-6: TOWING/SEIZURE OF MOTOR VEHICLE:
Whenever a police officer has probable cause to believe that a motor vehicle subject to seizure and impoundment pursuant to this chapter and the police officer has arrested the operator or person in physical control of the motor vehicle for any of the offenses set forth above herein, the police officer shall provide for the towing of the motor vehicle to a facility authorized by the village. The police officer shall make a reasonable attempt to notify the owner or any person identifying themselves as the owner of the motor vehicle, or any person who is found to be in physical control of the motor vehicle at the time of the alleged offense, of the fact of the seizure and of the motor vehicle owner's right to request a preliminary motor vehicle impoundment hearing to be conducted in accordance with the procedure set forth herein. The motor vehicle shall be impounded pending the completion of the hearings provided for herein, unless the owner of the motor vehicle or someone on their behalf posts with the village a cash bond in the amount of five hundred dollars ($500.00) and pays all applicable towing and storage fees and any existing fines owed to the village on the motor vehicle or owed by the owner of record. (Ord. 09-39, 9-8-2009)
7-4.2-7: PRELIMINARY HEARING:
Where the owner of a motor vehicle seized under the provisions of this chapter, or the designated agent of the owner of the motor vehicle, makes a request to the chief of police and/or his authorized officer for a preliminary hearing within twenty four (24) hours after the seizure of the motor vehicle, the chief of police and/or his authorized officer must conduct a preliminary hearing within three (3) business days after the request for preliminary hearing is received by the village; not including Saturdays, Sundays, or legal holidays. In order for a designated agent to request a preliminary hearing on behalf of the owner of the motor vehicle, the designated agent must present a written authorization authorizing the designated agent to act and which is signed by the owner of the motor vehicle and which is notarized by a notary public. For purposes of this chapter, the following shall apply:
A. All interested persons will be given a reasonable opportunity to be heard at the preliminary hearing.
B. The formal rules of evidence will not apply at the hearing, and hearsay testimony will be allowed, and shall be admissible.
C. If, after the conclusion of the hearing, the chief of police and/or his authorized officer determines that there is probable cause to believe that the motor vehicle was used as described in section 7-4.2-2 of this chapter, the chief of police and/or his authorized officer shall order the continued impoundment of the motor vehicle, unless the owner of the motor vehicle posts a cash bond with the village in the amount of five hundred dollars ($500.00), plus any towing and storage cost plus existing fines owed to the village on the motor vehicle or owed by the owner of record.
D. If the chief of police and/or his authorized officer determine that there is not probable cause to believe that the motor vehicle was used as described in section 7-4.2-2 of this chapter, the motor vehicle will be returned to the owner of record of the motor vehicle after the owner of record pays the towing and storage fees. (Ord. 09-39, 9-8-2009)
7-4.2-8: NOTICE OF HEARING:
Within ten (10) days of the motor vehicle's impoundment, the village shall notify the owner of record of the motor vehicle by United States mail and/or certified mail, return receipt requested, postage prepaid, of his/her right to a full hearing before the hearing officer to contest the impoundment; and that, in the event that the owner of record would like a hearing, he/she must file a request for such hearing in writing with the village of Broadview police department. If a written request is not received within thirty (30) days of the mailing of the notice by the village, then the owner is defaulted ("default date"). If the motor vehicle owner fails to pay the impoundment fee, towing charges and storage fees on or before the thirty first day after the expiration of the default date, then the motor vehicle can be disposed of in the manner provided by law for the disposition of unclaimed motor vehicles under the Illinois vehicle code. (Ord. 09-39, 9-8-2009)
7-4.2-9: HEARING:
For purposes of this section, the following shall apply to the owner's hearing:
A. Unless continued by order of the hearing officer, the hearing shall be held within thirty (30) days but not more than forty (40) days after a request for hearing is received by the village of Broadview police department.
B. All interested persons will 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 motor vehicle was used as described in section 7-4.2-2 of this chapter the hearing officer shall order the continued impoundment of the motor vehicle until the owner of the motor vehicle pays to the village a penalty in the amount of five hundred dollars ($500.00), plus the towing and storage costs, plus existing fines owed to the village on the motor vehicle or owed by the owner of record. This amount shall be a debt due to the village.
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 village, which order shall require the payment to the village of an administrative penalty of five hundred dollars ($500.00) plus the towing and storage costs.
E. If the hearing officer determines that the motor vehicle was not used as described in section 7-4.2-2 of this chapter, the motor vehicle will be returned to the owner of record of the motor vehicle without any penalty; and, if a cash bond had previously been posted, the cash bond shall be returned. (Ord. 09-39, 9-8-2009)
7-4.2-10: UNCLAIMED MOTOR VEHICLES:
If the administrative penalty and applicable towing and storage fees are not paid within thirty five (35) days after the expiration of time in which administrative review of the hearing officer's final determination may be sought, or within thirty (30) days after an action seeking administrative review has been resolved in favor of the village, whichever is applicable, the motor vehicle shall be deemed unclaimed and shall be disposed of in the manner provided by law for the disposition of unclaimed motor vehicles under the Illinois vehicle code. (Ord. 09-39, 9-8-2009)
7-4.2-11: LIENHOLDERS:
Whenever a person or other entity with a lien of record against an impounded motor vehicle has proof of commenced repossession proceedings, and also provides the village with a hold harmless letter, possession of the motor vehicle shall be given to that lienholder upon payment of the five hundred dollar ($500.00) impoundment fee and all towing and storage costs. (Ord. 09-39, 9-8-2009)
7-4.2-12: ADMINISTRATIVE ADJUDICATION:
Other than for the preliminary hearing, section 7-4.2-7 of this chapter, the code hearing department identified in title 1, chapter 13 of this code shall be charged with the adjudication of all claims under this chapter. (Ord. 09-39, 9-8-2009)
Notes
| 1 | 1. 625 ILCS 5/1-100 et seq. |