(A) Purpose. This section is deemed necessary for the preservation of the public peace, health, and safety and is intended to create safer roadways within the county by deterring drivers from committing certain offenses while offsetting some of the county’s administrative costs associated with these offenses.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADMINISTRATIVE LAW JUDGE. An attorney, other than the state’s Attorney or his or her designee, who is licensed to practice law in the State of Illinois, is in good standing with the Illinois Attorney Registration and Disciplinary Committee, and who has been licensed to practice law in the State of Illinois for three years and whose duty it is to:
(a) Preside at an administrative hearing called to determine by a preponderance of the evidence whether or not a motor vehicle was used in violation of this section;
(b) Hear testimony and accept evidence regarding the commission of the offense;
(c) Preserve and authenticate the record of the hearing and all exhibits and evidence introduced at the hearing; and
(d) Issue and sign a written finding, decision, and order stating whether he or she finds, by a preponderance of evidence, that a violation of the offense existed such that the provisions of this section shall apply.
CERTIFIED FUNDS. A certified check, cashier’s check, money order, or United States currency.
MOTOR VEHICLE. As set forth in the Illinois Vehicle Code for “motor vehicles” in 625 ILCS 5/1-146; said definition is hereby adopted and incorporated herein.
REGISTERED OWNER. The record title holder(s) of the vehicle as registered with the Illinois Secretary of State or, if not registered in the State of Illinois, the Secretary of State of the particular state where the vehicle is registered.
(C) Vehicles subject to seizure and impoundment.
(1) A motor vehicle that is used in connection with any of the following violations may be subject to seizure and impoundment by the county. Regardless of whether the registered owner was driving the motor vehicle at the time of the seizure and impoundment, the registered owner of the motor vehicle shall be liable to the county for an administrative fee of $200 in addition to any other penalties that may be assessed by a court of law for the underlying violations and towing and/or storage fees charged by the towing company.
(2) Those violations are as follows:
(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 § 361 of the Criminal Code of 2012 (720 ILCS 5/36-1);
(b) Driving under the influence of alcohol, another drug or drugs, an intoxicating compound or compounds, or any combination thereof in violation of 625 ILCS 5/11-501 et seq.;
(c) Operation of 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 (720 ILCS 550/1 et seq.);
(d) Operation or use of a motor vehicle in the commission of or in the attempt to commit an offense in violation of the State Controlled Substances Act (720 ILCS 570/1 et seq.);
(e) Operation or use of a motor vehicle in the commission of or in the attempt to commit an offense in violation of §§ 24-1 (unlawful use of a weapon), 24-1.5 (reckless discharge of a firearm), or 24-3.1 (unlawful possession of a firearm and firearm ammunition) of the Criminal Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1, 720 ILCS 5/24-1.5, 720 ILCS 5/24-3.1);
(f) Driving while a driver’s license, permit, or privilege to operate a motor vehicle is suspended or revoked pursuant to § 6-303 of the State Vehicle Code (625 ILCS 5/6-303 et seq.), 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;
(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 720 ILCS 550/1 et seq.) or the State Controlled Substances Act (720 ILCS 570/1 et seq.);
(h) Operation or use of a motor vehicle with an expired driver’s license, in violation of § 6-101 of the State Vehicle Code (625 ILCS 5/6-101 et seq.) if the period of expiration is greater than one year;
(i) Operation or use of a motor vehicle without ever having been issued a driver’s license or permit, in violation of § 6-101 of the State Vehicle Code (625 ILCS 5/6-101 et seq.), or operating a motor vehicle without ever having been issued a driver’s license or permit due to a person’s age;
(j) Operation or use of a motor vehicle by a person against whom a warrant has been issued by a Circuit Clerk in the state for failing to answer charges that the driver violated §§ 6-101, 6-303, or 11-501 of the State Vehicle Code (625 ILCS 5/6-101 et seq., 625 ILCS 5/6-303 et seq., 625 ILCS 5/11-501 et seq.);
(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 (720 ILCS 5/16 et seq.);
(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;
(m) Operation or use of a motor vehicle in violation of § 11-503 of the State Vehicle Code (625 ILCS 5/11-503 et seq.):
1. While the vehicle is part of a funeral procession; or
2. In a manner that interferes with a funeral procession.
(D) Notice of impoundment. Whenever a police officer has reason to believe that the driver of a motor vehicle has committed one or more offenses as set forth in division (C) above, the officer shall provide for the towing of that motor vehicle to a facility authorized by the City Police Department. The city shall place an administrative hold on the motor vehicle until such hold is released, as provided in this division (D). At the time the vehicle is towed, the city shall notify or make a reasonable attempt to notify the owner(s), lessee, person identifying himself or herself as the owner or lessee of the vehicle, lienholder of record, and 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. Such notice(s) shall be mailed to the owner(s), lessee, or person identifying himself or herself as the owner or lessee of the vehicle, lienholder of record, and any person who is found to be in control of the vehicle at the time of the alleged offense personal delivery or by first-class mail to the person’s or entity’s address as shown by the registration of such vehicle.
(E) Release from impound.
(1) Motor vehicles which are seized and impounded under this section shall remain impounded until the occurrence of one of the following events:
(a) The registered owner, lessee, or lien holder of record (as applicable) appears at the City Police Department and remits full payment of the $200 administrative fee by certified funds, payable to the “Hamilton Police Department Vehicle Impoundment,” and any and all towing and storage charges are paid to the towing operator or the City Police Department; or
(b) The registered owner, lessee, or lienholder of record (as applicable) appears at the City Police Department and remits bond in the amount of $200 and requests a hearing to contest the validity of the impound and any and all towing and storage charges are paid to the towing operator or the City Police Department.
(2) The registered owner, lessee, or lien holder of record may satisfy divisions (E)(1)(a) or (E)(1)(b) above by mailing certified funds to the following address within 20 days of when the notice of impoundment, as provided in division (D) above, was mailed by the Chief or his or her designee: Hamilton Police Department Attn: Vehicle Impoundment 1010 Broadway Street Hamilton, Illinois 62341.
(3) All written requests for administrative hearings made under division (E)(2) above must include the name of the registered owner; the make, model, and license plate of the vehicle impounded; the date seized; the location of the vehicle when seized; and the address and telephone number of the owner, lessee, or lienholder making the request for an administrative hearing.
(4) Upon receiving written proof of the occurrence of either divisions (E)(1)(a) or (E)(1)(b) above, the City Police Department shall inform the private towing company that the city is releasing its hold on the vehicle. Regardless of whether the city’s hold on the vehicle is released pursuant to divisions (E)(1)(a) or (E)(1)(b) above, the private towing company shall have the right to hold the vehicle until the costs associated with the towing and storage have been paid in full or other arrangements for payment have been made in a manner consistent with the company’s normal practices. All bond money posted pursuant to this division (E) will be held by the City Police Department until the Hearing Officer issues a decision or, if there is a timely judicial review, until a court of competent jurisdiction issues its final decision.
(F) Notice of administrative hearing. Upon receipt of a request for an administrative hearing, as set forth in division (E) above, the City Police Department shall issue a hearing date. Notice of such hearing shall be served upon the registered owner, lessee, and lienholder of record (as applicable) by either personal service or first-class mail to the party’s address, as registered with the Secretary of State or other applicable state agency if the vehicle is registered in a state other than this. The notice shall contain the date, time, and location of the administrative hearing. The hearing date shall be no less than 20 days and not later than 45 days after the date such notice is mailed or personally served to the interested parties.
(G) Administrative hearing. The administrative hearing shall be held in conformity with the following requirements.
(1) The hearing shall be conducted by an Administrative Law Judge approved by the City Council to hear such matters.
(2) The hearing shall be recorded and the Administrative Law Judge shall be empowered to administer oaths and to secure by subpoena both the attendance and testimony of witnesses and the production of relevant books and papers.
(3) The registered owner(s), lessee, or person identifying himself or herself as the owner or lessee of the vehicle, lienholder of record, and any person who is found to be in control of the vehicle at the time of the alleged offense may be represented by counsel, at their own expenses, and his or her legal counsel must appear in person at this hearing to contest the administrative fee, regardless of whether the registered owner was the person operating the vehicle at the time it was seized and impounded.
(4) The City Police Department shall be represented by the City Attorney or his or her designee.
(5) The Administrative Law Judge shall preside at an administrative hearing called to determine by a preponderance of the evidence whether or not a motor vehicle was used in violation of this section.
(6) The Administrative Law Judge shall hear testimony and accept evidence regarding the commission of the offense.
(7) The Administrative Law Judge shall preserve and authenticate the record of the hearing and all exhibits and evidence introduced at the hearing.
(8) Evidence at the hearing must follow these guidelines.
(a) Formal rules of evidence shall not apply at this administrative hearing.
(b) The following shall not be considered valid defenses to the administrative fee at the administrative hearing; however, this list of invalid defenses is not exclusive:
1. The registered owner was not the driver of the vehicle;
2. The driver of the vehicle has been adjudicated not guilty of a criminal charge related to the incident; or
3. A criminal charge against the driver of the vehicle related to the incident has been dismissed or otherwise disposed of.
(9) The Administrative Law Judge shall issue and sign a written finding, decision, and order stating whether he or she finds, by a preponderance of the evidence, that a violation of the offense existed such that the provisions of this section shall apply and the basis for such a finding.
(10) All administrative hearings requested under this section shall be held at the County Court House, 500 Main Street, Carthage, Illinois 62321.
(11) If the Administrative Law Judge determines the motor vehicle was used in violation of division (C) above, he or she shall order the registered owner to pay the city an administrative fee of $200 in addition to costs incurred by the county for the administrative hearing in the amount of $200.
(12) If the Administrative Law Judge determines the motor vehicle was not used in violation of one of the offenses enumerated in division (C) above, he or she shall make a written finding reflecting that determination.
(13) If the Administrative Law Judge determines that the motor vehicle was not used in violation one of the offenses enumerated in division (C) above, the $200 bond shall be remitted to owner, lessee, or lienholder of record that paid the bond within 14 business days of the date on the administrative ruling.
(14) The Administrative Law Judge does not have the authority to order the refund of the costs assessed by a private towing company; these costs must be paid regardless of the outcome of the administrative hearing. In addition, the ruling of the Administrative Law Judge shall have no effect on any pending criminal charges related to the incident for which the vehicle was seized and impounded.
(15) Administrative review shall be as follows.
(a) The order of the Administrative Law Judge shall be considered a final order and shall be subject to a direct appeal with the County Circuit Court, 9th Judicial District, upon filing the appropriation petition(s) for review within 30 days of the date of the order and decision of the Administrative Law Judge.
(b) The administrative fee amount and the cost incurred by the city in conducting the administrative hearing shall become a debt due and owing to the city after the period for judicial review has expired.
(H) Stolen vehicles. The administrative fee imposed by the county under this section shall not be charged if the motor vehicle used during the commission of the offense was stolen at that time of the offense and the theft was reported to the appropriate police authorities within 24 hours after the theft was discovered or reasonably should have been discovered.
(I) Abandoned vehicles. A vehicle impounded pursuant to division (C) above shall be deemed abandoned and subject to disposition pursuant to 625 ILCS 5/4-201 et seq. if the owner(s), lessee, or person identifying himself or herself as the owner or lessee of the vehicle, lienholder of record, and any person who is found to be in control of the vehicle at the time of the alleged offense occurred fails to pay the administrative fee or bond, as provided in division (E) above, within 35 days from the date of the seizure.
(J) Administrative fees, bond, and hearing costs.
(1) All administrative fees collected by the City Police Department shall be remitted to the City Police Department budget under the line item “City Ordinance.”
(2) All bond fees collected by the City Police Department shall be remitted to the City Police Department budget under the line item “City Ordinance” until the conclusion of all hearings and any rights to appeal have been exhausted. In the event that the Administrative Law Judge finds that the vehicle was used in violation of division (C) above, the bond money previously posted shall be moved to the “Impoundment Fee” line item. In the event that the Administrative Law Judge finds that the vehicle was not used in violation of division (C) above, the city shall issue a refund within 14 days.
(3) Any and all expenses incurred as a result of conducting a hearing, as provided in this section, shall be paid for under the line item “Impoundment Fee.”
Statutory reference:
Related provisions, see 625 ILCS 5/1-146, 625 ILCS 5/4-201 et seq., 625 ILCS 5/6-101 et seq., 625 ILCS 5/6-303 et seq., 625 ILCS 5/11-501 et seq., 625 ILCS 5/11-503 et seq., 720 ILCS 5/16 et seq., 720 ILCS 5/24-1, 720 ILCS 5/24-1.5, 720 ILCS 5/24-3.1, 720 ILCS 5/36-1, 720 ILCS 550/1 et seq., 720 ILCS 570/1 et seq.