(A) Whenever the President or any member of the Board of Trustees has reason to believe that any violation of this subchapter has occurred within the village and that the person so violating this subchapter has in his or her possession fireworks or combustibles, the President or the Trustee may file a complaint in writing, verified by affidavit, with any circuit court within whose jurisdiction the premises to be searched are situated, stating the facts upon which such belief is founded, the premises to be searched and the property to be seized and procure a search warrant and execute the same. Upon the execution of such search warrant, the person executing the same shall make due return thereof to the court issuing the same, together with an inventory of the property taken thereunder. The court shall thereupon issue process against the owner of such property if he or she be known, otherwise against the party in whose possession the property so taken was found, if known.
(B) (1) In case of inability to serve such process upon the owner or the person in possession of the property at the time of its seizure, as hereinbefore provided, notice of the proceedings before the court shall be given as required by the statutes of the state governing cases of attachment.
(2) Upon the return of the process duly served or upon the posting or publishing of notice made, as hereinabove provided, the court or jury, if a jury shall be demanded, shall proceed to determine whether or not such property so seized was held or possessed in violation of this subchapter.
(C) In case of a finding that the fireworks or combustibles seized were possessed in violation of this subchapter, judgment shall be entered confiscating and forfeiting the property and ordering its destruction.
(2010 Code, § 93.03)
Statutory reference:
Related provisions, see 425 ILCS 35/4