The Police Department may impound vehicles and cause vehicles to be towed, and an administrative fee in the amount of $250 is hereby imposed for the release of properly impounded vehicles, for the following violations:
(A) Driving under the influence of alcohol, another drug or drugs, an intoxicating compound or compounds, or any combination thereof, in violation of § 11-501 of the Illinois Vehicle Code;
(B) Operation or use of a motor vehicle in the commission of, or in the attempt to commit, a felony or in violation of the Cannabis Control Act;
(C) Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of the Illinois Controlled Substances Act;
(D) Driving while a driver’s license, permit, or privilege to operate a motor vehicle is suspended or revoked pursuant to § 6-303 of the Illinois Vehicle Code; except that vehicles shall not be subjected to seizure or impoundment if the suspension is for an unpaid citation (parking or moving) or due to failure to comply with emission testing:
(E) Operation or use of a motor vehicle while soliciting, possessing, or attempting to solicit or possess cannabis or a controlled substance, as defined by the Cannabis Control Act or the Illinois Controlled Substances Act:
(F) Operation or use of a motor vehicle without ever having been issued a driver’s license or permit, in violation of § 6-101 of the Illinois Vehicle Code, or operating a motor vehicle without ever having been issued a driver’s license or permit due to a person’s age;
(G) Operation or use 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 the Illinois Vehicle Code;
(H) Operation or use of a motor vehicle in the commission of, or in the attempt to commit, any felony offense in violation of the Criminal Code of 1961 or the Criminal Code of 2012.
(I) Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense for which a motor vehicle may be seized and forfeited pursuant to § 36-1 of the Criminal Code of 2012;
(J) Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of § 24-1, 24-1.5, or 24-3.1 of the Criminal Code of 1961 or the Criminal Code of 2012;
(K) Operation or use of a motor vehicle with an expired driver's license, in violation of § 6-101 of the Illinois Vehicle Code, if the period of expiration is greater than one year;
(L) Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of Article 16 or 16A of the Criminal Code of 1961 or the Criminal Code of 2012.
(M) (1) A motor vehicle involved in an unlawful attempt to flee or elude a police officer in violation of 625 ILCS 5/11-204.1 of the Illinois Motor Vehicle Code which is not immediately stopped by the police but is located within 120 hours upon public property or a parking lot open to the general public within the Village of Chatham. Notwithstanding the foregoing, if such an offense was committed, the owner of record shall be liable to the village for a penalty of $500 for the first offense and $1,000 for every subsequent offense, in addition to the fees for the towing and storage of the vehicle;
(2) A motor vehicle involved in an unlawful attempt to flee or elude a police officer in violation of 625 ILCS 5/11-204 of the Illinois Motor Vehicle Code which is not immediately stopped but is located within 120 hours upon public property or a parking lot open to the general public within the Village of Chatham, provided an arrest is made for which the person driving or in control of the vehicle is required by law to appear a proper magistrate without unnecessary delay. Notwithstanding the foregoing, if such an offense was committed, the owner of record of such vehicle shall be liable to the village for a penalty of $500 for the first offense and $1,000 for every subsequent offense, in addition to the fees for the towing and storage of the vehicle;
(3) When a vehicle is towed pursuant to division (M)(1) or (M)(2) above, the police officer shall notify the registered owner of the vehicle at the time of the alleged violation, personally or by certified mail, of the fact of the seizure and of the vehicle's owner's right to request a preliminary hearing to be conducted in accordance with village ordinances.
(Ord. 12-14, passed 5-8-12; Am. Ord. 17-18, passed 5-9-17; Ord. 22-01, passed 1-25-22)