(A) A motor vehicle that is driven, used or operated, by a person who is reasonably charged or could be charged with any of the following violations shall declared a public nuisance and be subject to seizure and impound by the village. It shall not be necessary for criminal charges to be filed, prosecuted and/or proven in order to demonstrate that one or more of the following violations has/have been committed:
(1) Driving a motor vehicle under the influence of alcohol, other drug or drugs, intoxicating compound(s), or a combination thereof, as prohibited in § 5/11-501(a) of the Illinois Vehicle Code, 625 ILCS 5/11-501(a);
(2) Driving a motor vehicle while driver’s license, permit or privilege to operate a motor vehicle is suspended or revoked, regardless of whether the revocation or suspension was of an Illinois driver’s license or the driver’s license from another state, except that vehicles shall not be subject to seizure or impound if a driver’s license is suspended for unpaid citations (parking or moving) or due to a failure to comply with emission testing;
(3) Driving a motor vehicle without ever having been issued a valid driver’s license;
(4) Driving a motor vehicle when the driver’s license has been expired for more than one year, or the driver’s permit, restricted driver’s permit or other driving privilege has expired, regardless of whether such expired license, permit, restricted driver’s permit or other driving privilege was previously issued by the State of Illinois or another state;
(5) Firearms offenses:
(a) Unlawful use of weapons, 720 ILCS 5/24-1;
(b) Unlawful use or possession of weapons by felons or persons in the custody of the department of corrections facilities, 720 ILCS 5/24-1.1;
(c) Aggravated discharge of a firearm, 720 ILCS 5/24-1.2;
(d) Aggravated discharge of a machine gun or a firearm equipped with a device designed or used for silencing the report of a firearm, 720 ILCS 5/24-1.2-5;
(e) Reckless discharge of a firearm, 720 ILCS 5/24-1.5;
(f) Aggravated unlawful use of a weapon, 720 ILCS 5/24-1.6; and
(g) Unlawful use or possession of ammunition, 720 ILCS 5/24-3.1.
(6) Drug offenses:
(a) Operation or use of a motor vehicle in the commission of, or the attempt to commit, a felony or in violation of the Cannabis Control Act; and
(b) Operation or use of a motor vehicle while soliciting, possessing or possess cannabis or a controlled substance, as defined by the Cannabis Control Act or the Illinois Controlled Substance Act.
(7) Operation of a motor vehicle by a person against whom a warrant has been issued by a Circuit Clerk in Illinois for failing to answer charges that the driver violated §§ 6-101, 6-303 or 11-501 of this code;
(8) Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in the violation of Art. 16 or 16A of the Criminal Code of 1961; and
(9) Any offense for which a motor vehicle can be seized and forfeited pursuant to § 36-1 of the Illinois Criminal Code, 720 ILCS 5/36-1.
(B) No vehicle shall be seized and impounded pursuant to divisions (A)(3) and (A)(4) above, if the driver was driving pursuant to certain exceptions to the licensing requirements, as allowed in the exemption provision, 625 ILCS 5/6-102, of the Illinois Vehicle Code.
(C) In the event a motor vehicle is seized and impounded pursuant to this article, the owner of the motor vehicle shall be liable to the village for an administrative and public safety fee of $500, in order to cover the administrative and processing costs incurred by the village associated with the investigation, arrest and detention of the offender and the removal, impound and release of the vehicle, including ensuring that the motor vehicle is properly removed from the scene of the incident and the vehicle, personal property enclosed therein, is secured and safeguarded, and any passengers in the vehicle, including children are assisted. All owners of a motor vehicle shall be jointly and severally liable for the administrative and public safety fee.
(D) Upon demonstration that it has the right to possession of a seized motor vehicle, a lessor, whether a rental agency or otherwise, or lienholder of a motor vehicle shall have the right to pay the administrative and public safety fee and be issued a release from the Carol Stream Police Department authorizing it to gain possession of the vehicle.
(E) The administrative and public safety fee is separate and distinct from, and in addition to, any fees or costs owed by the owner to a private towing company for the towing and storage of the vehicle.
(Ord. 2010-01-02, passed 1-19-2010; Ord. 2012-02-02, passed 2-6-2012)