(A) Whenever a police officer has reason to believe that a motor vehicle is subject to seizure and impound pursuant to § 8-8-2, the police officer shall order that the vehicle be seized and impounded. The Carol Stream Police Department shall utilize the services of a private towing company. If towed, the motor vehicle must be impounded and stored in a secure facility owned, leased or operated by the private towing company.
(B) The police officer shall, at the time the vehicle is towed, notify or make a reasonable attempt to notify the owner, lessee or 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 offense of the following:
(1) The seizure and impound of the vehicle;
(2) The owner’s right to retrieve the vehicle by payment of the administrative and public safety fee to the village and towing and storage fees and costs to the private towing company;
(3) The availability of posting a bond in the full amount of the administrative and public safety fee;
(4) The date, time and place of the initial hearing before an Administrative Hearing Officer to determine whether or not there was probable cause for the seizure and impound; and
(5) The vehicle will remain impounded pending the administrative hearing unless the owner or lessee posts a bond in an amount equal to the administrative and public safety fee.
(C) If a properly licensed person authorized by the owner or the operator of the motor vehicle is present and capable to provide for the lawful immediate removal of the motor vehicle, and said motor vehicle is not required to be held as evidence in regard to the violation, subject to forfeiture pursuant to 720 ILCS 5/36-1, or otherwise subject to impound pursuant to state law, the police officer shall allow that individual to promptly remove the motor vehicle without it being subject to seizure and impound. The police officer shall not be under any duty or requirement to:
(1) Inform the person being arrested that he or she may contact another person to remove the vehicle from the scene of the incident;
(2) Allow a driver being arrested to make or send a telephone call, electronic message or other attempt to contact a person to drive the vehicle from the scene of the arrest; and
(3) Initiate such call, message or contact another person on behalf of the arrestee.
(E) The imposition of the administrative and public safety fee shall not apply if the vehicle driven by a person arrested in connection with the offenses identified in § 8-8-2, was stolen at that time and the theft was reported to the appropriate police authorities within 24 hours after the theft was discovered or reasonably should have been discovered.
(Ord. 2010-01-02, passed 1-19-2010; Ord. 2012-02-02, passed 2-6-2012)