(a) Every item of "drug paraphernalia" as defined in section 15-77 of this article found in this village is contraband and shall be subject to seizure, forfeiture and destruction by the village.
(b) Every item of drug paraphernalia located in the village may be seized without process incident to an arrest, or if there is probable cause for determining that the item is contraband.
(c) If, within sixty (60) days after any seizure pursuant to subsection (b) of this section, a person having any property interest in the seized property is charged with an offense, the court which renders judgment upon such charge shall, upon written petition by the village, conduct a forfeiture hearing to determine whether such property was contraband at the time of seizure. Written notice of the date, time and place of such hearing shall be mailed to every such person determined by the village to have any property interest in the seized property by certified mail at least ten (10) days before such date. Every such person may appear as a party and present evidence at such hearing. If the court determines that the seized property was contraband at the time of seizure, an order of forfeiture and disposition of the seized property shall be entered. Forfeited paraphernalia devices shall be received by the chief of police, who shall effect its destruction, except that valuable parts thereof may be liquidated and the resultant money shall be deposited in the general fund of the village. Forfeited money and other things of value shall be received by the chief of police and, upon liquidation, shall be deposited in the general fund of the village. Such order of forfeiture and disposition shall, for the purposes of appeal, be a final order and judgment in a civil proceeding.
(d) If a seizure pursuant to subsection (b) of this section is not followed by a charge pursuant to subsection (c) of this section, or if the prosecution of such charge is permanently terminated or indefinitely discontinued without any judgment of conviction or acquittal, the village attorney may commence an in rem proceeding in the circuit court of Lake County for the forfeiture and destruction of a paraphernalia device, or for the forfeiture and deposit in the General Fund of the Village of any seized money or other thing of value. (Ord. 0-07-05, 2-5-2007)