A. Provisions:
1. Grundy County does herewith impose a fee for the administrative and processing costs associated with the investigation, arrest, and detention of an offender, or the removal, impoundment, storage and release of a properly impounded vehicle except that no fee shall be charged upon verifiable proof that a seized vehicle was stolen at the time the vehicle was impounded.
2. The fee established hereby may be charged for the following violations:
a. 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 section 36-1 of the Criminal Code of 2012; or
b. Driving under the influence of alcohol, another drug or drugs, an intoxicating compound or compounds, or any combination thereof, in violation of section 11-501 of the Illinois Vehicle Code; or
c. 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; or
d. 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; or
e. Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of section 24-1, 24-1.5, or 24-3.1 of the Criminal Code of 1961 or the Criminal Code of 2012; or
f. Driving while a driver's license, permit, or privilege to operate a motor vehicle is suspended or revoked pursuant to section 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; or
g. 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; or
h. Operation or use of a motor vehicle with an expired driver's license, in violation of section 6-101 of the Illinois Vehicle Code, if the period of expiration is greater than one (1) year; or
i. Operation or use of a motor vehicle without ever having been issued a driver's license or permit, in violation of section 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; or
j. 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 section 6-101, 6-303, or 11-501 of the Illinois Vehicle Code; or
k. 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; or
l. Operation or use of a motor vehicle in the commission of, or in the attempt to commit, any other misdemeanor or felony offense in violation of the Criminal Code of 1961 or the Criminal Code of 2012, when so provided by local ordinance; or
m. Operation or use of a motor vehicle in violation of section 11-503 of the Illinois Vehicle Code:
(1) While the vehicle is part of a funeral procession; or
(2) In a manner that interferes with a funeral procession.
3. The following conditions shall apply to the administrative fees authorized by this chapter:
a. All administrative fees and towing and storage charges shall be imposed on the registered owner of the motor vehicle or the agents of that owner.
b. The fees shall be in addition to: 1) any other penalties that may be assessed by a court of law for the underlying violations; and 2) any towing or storage fees, or both, charged by the towing company.
c. The fees shall be uniform for all similarly situated vehicles.
d. The fees shall be collected by and paid to the County or municipality imposing the fees.
e. The towing or storage fees, or both, shall be collected by and paid to the person, firm, or entity that tows and stores the impounded vehicle.
4. Any vehicle properly impounded pursuant to the provisions of this chapter shall be released to the owner of record, lessee, or lienholder of record upon payment of all administrative fees and towing and storage fees.
5. The lawful possessor of any vehicle properly impounded pursuant to this chapter shall have the right to a hearing as provided in 625 Illinois Compiled Statutes 5/11-208.3(b)(4) and the following further provisions:
a. Whenever a police officer has cause to believe that a motor vehicle is subject to impoundment, the officer shall provide for the towing of the vehicle to a facility authorized by the County.
b. At the time the vehicle is towed, the County shall notify or make a reasonable attempt to notify the owner, lessee, or person identifying himself or herself as the owner or lessee of the vehicle, or any person who is found to be in control of the vehicle at the time of the alleged offense, of the fact of the seizure, and of the vehicle owner's or lessee's right to an administrative hearing.
c. The County shall also provide notice that the motor vehicle will remain impounded pending the completion of an administrative hearing, unless the owner or lessee of the vehicle or a lienholder posts with the County or municipality a bond equal to the administrative fee as provided by ordinance and pays for all towing and storage charges.
6. The registered owner or lessee and lienholder of record shall be provided with notice of hearing as required by this chapter. The notice shall:
a. Be served upon the owner, lessee, and any lienholder of record either by personal service or by first class mail to the interested party's address as registered with the Secretary of State;
b. Be served upon interested parties within ten (10) days after a vehicle is impounded by the municipality; and
c. Contain the date, time, and location of the administrative hearing. An initial hearing shall be scheduled and convened no later than forty five (45) days after the date of the mailing of the notice of hearing.
7. The hearing provided hereby shall include the following requirements:
a. Administrative hearings shall be conducted by a Hearing Officer who is an attorney licensed to practice law in this State for a minimum of three (3) years;
b. At the conclusion of the administrative hearing, the Hearing Officer shall issue a written decision either sustaining or overruling the vehicle impoundment;
c. If the basis for the vehicle impoundment is sustained by the Administrative Hearing Officer, any administrative fee posted to secure the release of the vehicle shall be forfeited to the County or municipality;
d. All final decisions of the Administrative Hearing Officer shall be subject to review under the provisions of the Administrative Review Law, unless the County or municipality allows in the enabling ordinance for direct appeal to the Circuit Court having jurisdiction over the County or municipality;
e. Unless the Administrative Hearing Officer overturns the basis for the vehicle impoundment, no vehicle shall be released to the owner, lessee, or lienholder of record until all administrative fees and towing and storage charges are paid; and
f. If the Administrative Hearing Officer finds that a County or municipality that impounds a vehicle exceeded its authority under the Illinois Vehicle Code, the County or municipality shall be liable to the registered owner or lessee of the vehicle for the cost of storage fees and reasonable attorney's fees.
8. Vehicles not retrieved from the towing facility or storage facility within thirty five (35) days after the Administrative Hearing Officer issues a written decision shall be deemed abandoned and disposed of in accordance with the provisions of article II of chapter 4 of the Illinois Vehicle Code.
9. Unless stayed by a court of competent jurisdiction, any fine, penalty, or administrative fee imposed under this chapter which remains unpaid in whole or in part after the expiration of the deadline for seeking judicial review under the Administrative Review Law may be enforced in the same manner as a judgment entered by a court of competent jurisdiction.
10. The administrative fee provided in this chapter shall not exceed five hundred dollars ($500.00).
11. This chapter shall become effective on the first day of the month following passage. (Ord. 2016-019, 12-13-2016)