A. Definitions: For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
CONTROLLED SUBSTANCE: Any substance as defined and included in the schedule contained in article II of the Illinois controlled substance act 1 , as amended from time to time, and cannabis as defined in the cannabis regulation and tax act 3 , and section 3 of the Illinois cannabis control act 4 , as amended from time to time.
DRIVING UNDER THE INFLUENCE: Any violation as defined in section 11-501 of the Illinois vehicle code 4 , as amended from time to time.
DRIVING WHILE LICENSE, PERMIT OR PRIVILEGE TO OPERATE A MOTOR VEHICLE IS SUSPENDED OR REVOKED: Any violation as defined in section 6-303 of the Illinois vehicle code 5 , as amended from time to time.
DRUG PARAPHERNALIA: Any equipment, product, and/or materials as defined in section 2 of the drug paraphernalia act 6 , as amended from time to time.
FINAL HEARING OFFICER: A licensed attorney who is not an officer or employee of the city.
HEARING OFFICER: A licensed attorney who is not an officer or employee of the city.
OPERATION OF A MOTOR VEHICLE WITHOUT A VALID DRIVER'S LICENSE: A violation of section 6-101 and/or section 6-303 of the Illinois vehicle code 7 , as amended from time to time, where the driver's license or driving privileges have been suspended, revoked, canceled, never obtained, or previously had been obtained and have been expired for not less than six (6) months.
OWNER OF RECORD: The record title holder to a motor vehicle.
PRELIMINARY HEARING OFFICER: The chief of police or his designee.
UNLAWFUL USE OF WEAPONS: A violation of section 24-1 of the criminal code of 1961 4 , as amended from time to time.
B. Vehicles Subject To Seizure And Impounding: A motor vehicle shall be subject to seizure and impoundment under this section where such motor vehicle is used in any of the following:
1. When any vehicle is used in the possession or delivery of a controlled substance as defined and included in the schedules of article II of the Illinois controlled substance act 9 , of cannabis over ten (10) grams as defined in the cannabis control act 10 , and in violation of the Illinois cannabis regulation and tax act or drug paraphernalia when possessed with the intent to introduce a controlled substance into the human body as defined in the drug paraphernalia control act 11 , unless possessed in conjunction with cannabis as permitted by the Illinois cannabis regulation and tax act;
2. Driving under the influence;
3. Driving while license, permit or privilege to operate a motor vehicle is suspended or revoked;
4. Operation of a motor vehicle without a valid driver's license;
5. The unlawful use of weapons;
6. Any other felony or misdemeanor as defined by the Illinois criminal code.
C. Seizure And Impounding Of Vehicles: Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this section, 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 this section.
D. Posting Of Bond: If a bond in the amount of five hundred dollars ($500.00) is posted with the city, the impounded vehicle will 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 section, the bond will be forfeited to the city; provided, in the event that a violation of this section is not proven, the bond will be returned to the person posting the bond. All bond money posted pursuant to this section will be held by the city until the hearing officer issues a decision, or, if there is a judicial review, until the court issues its final decision.
E. Preliminary Hearing: Where the owner of a motor vehicle seized under the provisions of this section requests a preliminary hearing within twelve (12) hours after the seizure of the motor vehicle, a preliminary hearing officer of the city must conduct a preliminary hearing within twenty four (24) hours after the request for 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. For purposes of this section, the following shall apply:
1. All interested persons will be given a reasonable opportunity to be heard at the preliminary hearing.
2. The formal rules of evidence will not apply at the hearing, and hearsay testimony will be allowed, and will be admissible.
3. If, after the conclusion of the hearing, the preliminary hearing officer determines that there is probable cause to believe that the vehicle was used as provided in subsection B of this section, the preliminary hearing officer shall order the continued impoundment of the vehicle, unless the owner of the vehicle posts a cash bond with the city in the amount of five hundred dollars ($500.00), plus the towing and storage costs.
4. If the preliminary hearing officer determines that there is not probable cause to believe that the vehicle was used as provided in subsection B of this section, the motor vehicle will be returned to the owner of record of the vehicle without any penalty or other costs.
F. Final Hearing:
1. Notice Of Hearing: Within ten (10) days after a vehicle is seized and impounded pursuant to this section, the city shall notify the owner of record of the motor vehicle of the date, time and location of a 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.
2. Hearing: For purposes of this section, the following shall apply to the owner's hearing:
a. Unless continued by order of the final hearing officer, the hearing shall be held within thirty (30) days after the motor vehicle was seized.
b. All interested persons will be given a reasonable opportunity to be heard at the final hearing.
c. If, after the conclusion of the hearing, the final hearing officer determines by a preponderance of the evidence that the vehicle was used as provided in subsection B of this section, 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 five hundred dollars ($500.00), plus the towing and storage costs. The penalty and costs shall be a debt due to the city.
d. If the owner of record fails to appear at the hearing, the final 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 five hundred dollars ($500.00).
e. If the final hearing officer determines that the vehicle was not used as provided in subsection B of this section, the motor vehicle will 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.
G. Unclaimed Vehicles:
1. Any motor vehicle that is not claimed within thirty (30) days after the expiration of the time in which the owner of record may seek judicial review of the action of the city under this section, or the time at which a final judgment is rendered in favor of the city by a court, 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.
2. If the penalty and towing and storage costs are not paid within eighty (80) days after a penalty is imposed pursuant to this section, 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 thirty (30) days after the date of the court's order.
H. Liability For Penalty And Costs:
1. The owner of record of a motor vehicle that is seized or impounded shall be liable to the city for a penalty of five hundred dollars ($500.00) in addition to any fees for the towing and storage of the motor vehicle.
2. 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 will be established by the city administrator or the chief of police.
3. A vehicle impounded pursuant to this section shall remain impounded until the earlier of the following occurs:
a. The penalty is paid to the city, and all towing and storage costs are paid to the towing company; and
b. A bond in an amount equal to the liability of the owner as herein provided in subsection H1 of this section is posted with the city and all applicable towing and storage costs are paid to the towing company; and
c. 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.
d. 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 section until the penalty and all towing and storage costs applicable under this section have been paid in full. (Ord. 05-43-0, 10-26-2005; amd. Ord. 06-48-0, 11-8-2006; Ord. 19-43-0, 12-11-2019)
Notes
| 1 | 1. 720 ILCS 570/201 et seq. |
| 3 | 3. 410 ILCS 705/1 et seq. |
| 4 | 4. 720 ILCS 550/3 |
| 4 | 3. 625 ILCS 5/11-501. |
| 5 | 1. 625 ILCS 5/6-303. |
| 6 | 2. 720 ILCS 600/2. |
| 7 | 3. 625 ILCS 5/6-101 and 303. |
| 4 | 4. 720 ILCS 5/24-1 et seq. |
| 9 | 5. 720 ILCS 570/101 et seq. |
| 10 | 6. 720 ILCS 550/1 et seq. |
| 11 | 7. 720 ILCS 600/2 et seq. |