(A) Definitions. As used in this section:
(1) BUSINESS DAY. Any day in which the offices of city hall are open to the public for a minimum of seven hours.
(2) LEVEL 1 ADMINISTRATIVE FEE. Two hundred dollars.
(3) LEVEL 2 ADMINISTRATIVE FEE. One hundred dollars.
(4) MOTOR VEHICLE. Every vehicle which is self-propelled, including, but not limited to, automobiles, trucks, vans, motorcycles, and motor scooters.
(5) OWNER OF RECORD. The record titleholder(s) of the motor vehicle as registered with the secretary of state, state of Illinois; or if not registered in Illinois, the particular state where the motor vehicle is registered.
(B) Violations authorizing impoundment.
(1) (a) Any motor vehicle, operated with the express or implied permission of the owner of record, that is used in connection with the following violations that is operated or used in the commission of, or in the attempt to commit, an offense for which a motor vehicle may be seized or forfeited pursuant to Section 36-1 of the Criminal Code of 2012, shall be subject to seizure and impoundment by the city, and the owner of record of said motor vehicle shall be liable to the city for a level 1 administrative fee, as provided for in this section, in addition to any towing and storage fees as hereinafter provided.
State Statute | Violations |
State Statute | Violations |
625 ILCS 5/6-303 | Driving while license revoked |
625 ILCS 5/11-204 | Fleeing or attempting to elude a peace officer |
625 ILCS 5/11-501 | Driving under the influence of alcohol/drugs |
625 ILCS 5/11-503 | Reckless driving or aggravated reckless driving |
625 ILCS 5/11-506 | Street racing |
625 ILCS 5/11-601.5 | Speeding in excess of 40 mph class A misdemeanor |
720 ILCS 5/11-6 | Indecent solicitation of a child |
720 ILCS 5/12-2 | Aggravated assault |
720 ILCS 5/12-4 | Aggravated battery |
720 ILCS 5/12-4.2 | Aggravated battery with a firearm |
720 ILCS 5/12-4.3 | Aggravated battery of a child |
720 ILCS 5/12-4.6 | Aggravated battery of a senior citizen |
720 ILCS 5/16A-3 | Retail theft of merchandise exceeding $150 value |
720 ILCS 5/18-1 | Robbery |
720 ILCS 5/18-2 | Armed robbery |
720 ILCS 5/19-1 | Burglary |
720 ILCS 5/19-3 | Residential burglary |
720 ILCS 5/20-1 | Arson |
720 ILCS 5/20-1.1 | Aggravated arson |
720 ILCS 5/20-2 | Possession of explosives or incendiary devices |
720 ILCS 5/21-1 | Criminal damage to property |
720 ILCS 5/25-1 | Mob action |
720 ILCS 570/401 | Manufacture or delivery unauthorized controlled substance |
720 ILCS 570/401.1 | Controlled substance trafficking |
720 ILCS 570/402 | Unauthorized possession under the controlled substances act |
720 ILCS 550/4 | Possession of more than ten grams of any substances containing cannabis |
720 ILCS 550/5 | Manufacture or delivery of cannabis |
720 ILCS 550/5.1 | Cannabis trafficking |
720 ILCS 550/5.2 | Delivery of cannabis on school grounds |
720 ILCS 570/407.1 | Person 18 or older using, engaging or employing persons under 18 to deliver controlled, counterfeit, or look-alike substances |
720 ILCS 570/407.2 | Delivery of a controlled substance to a pregenant woman |
720 ILCS 5/24-1.5 | Reckless discharge of a firearm |
625 ILCS 5/6-101 | Drivers must have licenses or permits only: * if the period of expiration is greater than one year ** of the operation or use of motor vehicle, if the driver has not been issued a driver’s license or permit *** if the person who is operating a motor vehicle without ever having been issued a driver’s license or permit due to a person’s age |
720 ILCS 550/5.3 | Unlawful use of cannabis-based product manufacturing equipment |
720 ILCS 550/9 | Calculated criminal cannabis conspiracy |
720 ILCS 570/401.5 | Chemical breakdown of illicit controlled substance |
720 ILCS 570/404 | Look-alike substances; manufacture, distribution, advertisement of possession |
720 ILCS 570/405 | Calculated criminal drug conspiracy |
720 ILCS 570/405.2 | Street gang criminal drug conspiracy |
720 ILCS 570/406 | Miscellaneous violations |
720 ILCS 570/406.2 | Unauthorized possession of prescription form |
720 ILCS 570/407 | Delivery of controlled counterfeit or look-alike substances; persons under 18; truck stops or safety rest areas; school property; places of religious worship |
720 ILCS 550/8 | Unauthorized production or possession of cannabis sativa plant |
720 ILCS 5/24-1 | Unlawful use of weapons |
720 ILCS 5/24-3.1 | Unlawful possession of firearms and firearm ammunition |
720 ILCS 5/24-3.3 | Unlawful sale or delivery of firearms on the premises of a school |
(b) The following types of motor vehicles shall be subject to seizure and impoundment by the city, and the owner of record of said motor vehicle shall be liable to the city for a Level 1 administrative fee, as provided for in this section, in addition to any towing and storage fees as provided herein: any motor vehicle, operated with the express or implied permission of the owner of record and where:
1. The operation or use of the motor vehicle is 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 Section 6-101, 6-303, or 11-501 of the Illinois Vehicle Code.
2. The operation or use of the motor vehicle is by a person using the motor vehicle in the commission of, or in the attempt to commit, an offense used in violation of Article 16 or 16A of the Criminal Code of 1961 or the Criminal Code of 2012.
(2) For any motor vehicle, operated with the express or implied permission of the owner of record, that is used in connection with any custodial violations not listed in division (1) of this division, but still results in seizure and impoundment by the city, the owner of record of said motor vehicle shall be liable to the city for a Level 2 administrative fee, as provided for in this section, in addition to any towing and storage fees as hereinafter provided.
(3) If a bond in the amount equal to the applicable administrative fee is posted with the police department, the impounded motor vehicle shall be released to the owner of record, unless an administrative hearing is requested, in which case the bond requirements under division (D)(6) apply.
(C) Seizure and impoundment.
(1) Whenever a police officer has reason 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 motor vehicle to a facility approved by the city. This section shall not apply if the motor vehicle used in the violation was stolen at the 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.
(2) The police officer shall notify any person identifying himself as the owner of the motor vehicle or any person who is found to be in control of the motor vehicle at the time of the alleged violation, if there is such a person, of the fact of the seizure and of the motor vehicle owner’s right to request an administrative hearing to be conducted under this section.
(D) Administrative hearing.
(1) At the time of impoundment or within five business days after a motor vehicle is seized and impounded pursuant to this section, the city shall notify by personal service or by certified mail to the owner of record of the owner’s right to request a hearing before the city Municipal Court to challenge the legality of the seizure. The owner of record seeking a hearing must file a written request for a hearing before the city Municipal Court with the chief of police, or his designee, no later than five business days, if the notice was served by personal service; and no later than ten business days if the notice was mailed. The hearing date must be scheduled for the following month’s regular scheduled Municipal Court day. All interested persons shall be given a reasonable opportunity to be heard at the hearing. The formal rules of evidence shall not apply at the hearing and hearsay evidence shall be admissible.
(2) All hearings conducted pursuant to this section shall be held by the Municipal Court Judge (hereinafter, “hearing officer”) at the city Municipal Court, except for matters that are subject to judicial review.
(3) If, after the hearing, the hearing officer determines by a preponderance of the evidence that the motor vehicle was used in violation of state statute as enumerated and set forth under division (B)(1) above or was legally seized in connection with any custodial violation, as set forth and described under division (B)(2) above, then the hearing officer shall enter an order finding the owner of record of the motor vehicle liable to the city for the applicable administrative fee plus costs of the Municipal Court.
(4) If, after a hearing, the hearing officer does not determine by a preponderance of the evidence that the motor vehicle was used in such a violation, or was not legally seized, the hearing officer shall enter an order finding for the owner and for the return of the motor vehicle.
(5) If the owner of record requests a hearing but fails to appear at the hearing or fails to request a hearing in a timely manner, the owner of record shall be deemed to have waived his or her right to a hearing and the hearing officer shall enter a default judgement in favor of the city in the amount of the administrative fee plus costs of the Municipal Court and shall order the owner of record to pay to the city said administrative fee, plus costs of the Municipal Court. However, if the owner of record pays such administrative fee plus costs of the Municipal Court and the motor vehicle is returned to the owner, no default order needs to be entered if the owner is informed of his or her right to a hearing in which case an order of liability shall be deemed to have been made when the city receives proof that the owner was notified of his/her right to a hearing.
(6) If a bond in the amount equal to the applicable administrative fee plus costs of the Municipal Court is posted with the police department, the impounded motor vehicle shall be released to the owner of record. The owner of the motor vehicle shall still be liable to the towing agent for any applicable towing fees.
(7) If an administrative fee plus costs of the Municipal Court are imposed by the hearing officer against the owner of record, any bond posted will be forfeited to the city; however if a violation of law, as set forth in division (B)(1) above, or if the legality of the seizure, as set forth in division (B)(2) above is not proven by preponderance of the evidence, the bond will be returned to the person posting the bond. All bond money posted pursuant to this section shall be held by the city until the hearing officer issues a decision, or, if there is a judicial review, until the court of jurisdiction issues its orders.
(E) Disposition of impounded motor vehicle.
(1) An administrative fee imposed pursuant to this section plus any applicable Municipal Court costs, that are imposed, shall constitute a debt due and owing the city. A motor vehicle impounded pursuant to this section shall remain impounded until:
(a) The administrative fee is paid to the city and all applicable towing fees are paid to the towing agent, in which case the owner of record shall be given possession of the motor vehicle unless, the owner of record has made a request for a hearing before the Municipal Court, in which case the owner of record shall pay the bond as set forth in this division (E), under division (b) below.
(b) A bond in an amount equal to the applicable administrative fee, plus Municipal Court cost of $100 is posted with the police department and all applicable towing fees are paid to the towing agent, at which time the motor vehicle will be released to the owner of record; or
(c) The motor vehicle is deemed abandoned in which case the motor vehicle shall be disposed of in the manner provided by law for the disposition of abandoned motor vehicles.
(F) Motor vehicle possession. Any motor vehicle that is not reclaimed within 30 days after the expiration of the time during which the owner of record may seek judicial review of the city’s action under this section, or the time at which a final judgement is rendered against an owner of record who is in default, may be disposed of as an unclaimed motor vehicle as provided by law, provided, however, that where proceedings have been instituted under state or federal drug asset forfeiture laws, the subject motor vehicle may not be disposed of by the city except as consistent with those proceedings.
(G) Towing agency.
(1) It shall be the duty of the towing or storage company in possession of the motor vehicle to obtain documentation issued by the police department confirming compliance with the foregoing requirements, and retain photocopies of that documentation in their files for a period of not less than six months following release of the motor vehicle. The foregoing information shall be made available to the authorities of the city for inspection and copying, upon their request, by the towing or storage company. The towing or storage company is prohibited from releasing any motor vehicle they may tow within the city until and unless they obtain documentation as aforesaid.
(2) The towing or storage company shall be entitled to receive a reasonable fee from the owner or person entitled to possession of any such motor vehicle prior to the release of the motor vehicle. The fee shall be to cover the cost of removing said motor vehicle and, in addition thereto, the cost of storage of said motor vehicle for each day or fraction thereof that said motor vehicle shall have remained stored.
(3) The fees and costs mentioned in this section shall be in addition to any fee levied or assessed against the owner or operator of said motor vehicle by reason of violation of any ordinance or statute and any arrest which may have resulted from such violation.
(H) Deposits of administrative fees and Municipal Court costs.
(1) The administrative fees collected herein shall be deposited in the city’s Police Department Fund.
(2) The Municipal Court costs collected herein shall be deposited in the city’s Municipal Court Fund.
(I) Refund of administrative fee. In the event a judgement of not guilty is entered by a court of competent jurisdiction on all underlying charges that could have resulted in the impoundment of a motor vehicle, then within 30 days upon presentation of a certified copy of said judgement to the city Police Department, any administrative fees or posted bonds obtained by the city shall be refunded to the paying party.
(Ord. 21-1026-269, passed 10-26-2021)