A. Definitions: For purposes of this section, the following terms shall be defined as provided in this subsection:
PUBLIC PROPERTY: Any public street, public sidewalk, public alley, public park or any other property owned or controlled by the village of Hodgkins, the Hodgkins park district, a public or private high school or grammar school or any other property owned or controlled by a unit of local government located within the village of Hodgkins.
UNLICENSED MOTORIZED DEVICE: Any motorized device or vehicle not bearing the proper registration plates from the Illinois secretary of state or incapable of being registered by the Illinois secretary of state under the provisions of the Illinois vehicle code, and shall include, but is not limited to, motor scooters, go-carts, golf carts, mopeds, minibikes or motorbikes.
B. Prohibited On Public Property; Exemptions: It shall be unlawful for any person to operate an unlicensed motorized device on any public property. This section shall not apply to automobiles, "motorized wheelchairs" (as defined by the Illinois vehicle code) and any motorized device or vehicle incapable of reaching a speed in excess of three (3) miles per hour.
C. Impoundment Procedure; Prima Facie Proof: Whenever a police officer has probable cause to believe that a violation of this section has occurred, he is hereby authorized to seize and impound the unlicensed motorized device. The failure to display the proper registration from the Illinois secretary of state is prima facie proof that the instrumentality constitutes an unlicensed motorized device.
D. Hearings:
1. Preliminary Hearing: The owner of an unlicensed motorized device (or any interested party) which has been impounded pursuant to this section shall have the right to a preliminary hearing to determine whether the seizure and impoundment was erroneous. The preliminary hearing shall be requested in writing to the chief of police, or his designee, within forty eight (48) hours of seizure. The hearing shall be conducted within forty eight (48) hours of receipt of a written demand for the hearing by the chief of police or his designee. Failure to request or attend a scheduled hearing within forty eight (48) hours of the seizure shall be deemed a waiver of the right to a preliminary hearing. If the hearing officer determines, by a preponderance of the evidence, that the provisions of this section have been violated, he shall order that the unlicensed motorized device remain impounded until a bond in the amount of one hundred dollars ($100.00) is posted with the village police department. If the hearing officer determines that the provisions of this section were not violated, the item seized shall be returned to the owner.
2. Final Hearing: A hearing shall be conducted pursuant to the provisions of this section. The hearing shall be held within forty five (45) days of the seizure. The hearing officer shall be authorized to release the seized unlicensed motorized device upon payment of a fine and an additional storage charge in the amount of five dollars ($5.00) per day. If a bond has been posted, it shall be applied toward the fine and storage charges. If the hearing officer determines that the provisions of this section have not been violated, the seized item shall be returned to its owner and any posted bond refunded. Any unlicensed motorized device which remains unclaimed for a period in excess of one year shall be presumed abandoned and may be destroyed. (Ord. 02-08, 10-22-2002)