(A) Subject to seizure/impoundment. Any motor vehicle, which is used in connection with the following illegal activities, shall be subject to seizure and impoundment under this section:
(1) Violation of any provision of the Illinois Cannabis Control Act (ILCS Ch. 720, Act 550, §§ 1 et seq.);
(2) Violation of any provision of the Illinois Controlled Substances Act (ILCS Ch. 720, Act 570, §§ 100 et seq.);
(3) Violation of §§ 11-14, 11-15,11-15.1, 11-16, 11-18, 11-18.1, 11-19 or 1119.1 of the Illinois Criminal Code of 1961 (ILCS Ch. 720, Act 5, §§ 11-14, 11-15, 11-15.1, 11-16, 11-18, 11-18.1, 11-19, 11-19.1) (Prostitution);
(4) Any provision of Article 24 of the Illinois Criminal Code of 1961 (ILCS Ch. 720, Act 5, §§ 24-1 et seq.) (Deadly Weapons); or
(5) Violation of §§ 6-303 or 11-501 of the Illinois Vehicle Code (ILCS Ch. 625, Act 5, §§ 6-303 or 11-501) or the Village of Elwood Vehicle Code (Driving While License Suspended/Revoked, Driving Under the Influence).
(B) Owner. The owner of any motor vehicle seized and impounded under this section shall be liable to the village for an administrative penalty in accordance with the administrative penalty fee schedule set forth in § 130.99 below, in addition to fees for the towing and storage of the vehicle.
(C) Exceptions. For purposes of this section, a motor vehicle is not considered to have been used in a violation that would render the vehicle eligible for seizure and impoundment if any of the following apply:
(1) The motor vehicle used in the violation was stolen at the time and the theft was reported to the appropriate police authorities within 72 hours after the theft was discovered or reasonably should have been discovered;
(2) The motor vehicle was operating as a common carrier and the violation occurred without the knowledge of the individual in control of the vehicle;
(3) The alleged owner provides adequate proof that the vehicle had been sold to another person prior to the violation;
(4) If the motor vehicle is impounded pursuant to division (A)(4) above, this section shall not apply to or affect any of the following:
(a) Peace officers or any person summoned by any such officer to assist in making arrests and preserving the peace, while the person is actually engaged in assisting the officer;
(b) Wardens, superintendents and keepers of prisons, penitentiaries, jails and other such institutions for the detention of persons accused or convicted of an offense, while in the performance of their official duties or while commuting between their homes and places of employment;
(c) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard or the Reserved Officers Training Corps, while in the performance of their official duties; or
(d) Special agents employed by a railroad to perform police functions, or employees of a detective agency, watchperson/guard or patrolperson agency, licensed by the state, while actually engaged in the performance of their duties of employment or while commuting between their homes and places of employment.
(5) Manufacture or transportation of weapons which are not immediately accessible to any person, and sale of weapons to persons authorized under the law to possess them;
(6) Persons licensed as private security contractors, private detectives or private alarm contractors or employed by an agency certified by the Illinois Department of Professional Regulation with documentation on their persons, if their duties include the carrying of a weapon under the provisions of the Private Detective, Private Alarm and Private Security Act of 1993 (ILCS Ch. 225, Act 446, §§ 1 et seq.), while engaged in the performance of their duties of employment;
(7) Persons employed by a financial institution for the protection of other employees and property related to the financial institution, while actually engaged in the performance of their duties, while commuting between their homes and places of employment, or while traveling between sites or properties owned by the financial institution, provided that any person so employed has successfully completed a course of study, approved and supervised by the Illinois Department of Professional Regulation, consisting of not less than 40 hours of training which included theory of law enforcement, liability for acts and the handling of weapons;
(8) Any person employed by an armored car company to drive an armored car, while actually engaged in the performance of their duties;
(9) Members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, while those members are using their firearms on the target ranges;
(10) Licensed hunters or fishers, while engaged in hunting or fishing;
(11) Transportation of weapons broken down in a non-functioning state; or
(12) Other exceptions as approved by the Illinois General Assembly.
(D) Vehicle seizure and impoundment.
(1) Whenever a police officer has probable cause to believe that a motor vehicle is subject to seizure and impoundment pursuant to this section, the police officer shall provide for the towing of the vehicle to a facility controlled or designated by the village or its agents.
(2) Before or at the time the vehicle is towed, the police officer shall notify any person identifying themselves 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 of the fact of the seizure and of the vehicle owner’s right to request a preliminary hearing to be conducted under § 130.03 below.
(Ord. 753, passed 5-19-2004)