(A) Violations authorizing impoundment. A motor vehicle, operated with the permission, express or implied of the owner of record, that is used in connection with the following violations shall be subject to tow and impoundment by the village, and the owner of record of said vehicle shall be liable to the village for an administrative fee in addition to any towing and storage fees, as hereinafter provided.
(B) Offenses.
(1) 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 Illinois Criminal Code of 1961 (ILCS Ch. 720, Act 5, §§ 36-1 et seq.), shall subject the owner to an administrative fee of $500;
(2) Driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, in violation of ILCS Ch. 625, Act 5, § 11-501, shall subject the owner to an administrative fee of $500;
(3) Operation or use of a motor vehicle in connection with the commission or attempted commission of any felony offense in violation of the provisions of the Illinois Cannabis Control Act, ILCS Ch. 720, Act 550, § 1, shall subject the owner to an administrative fee of $500;
(4) Operation or use of a motor vehicle in connection with the commission or attempted commission of any offense in violation of the Illinois Controlled Substances Act, ILCS Ch. 720, Act 570, § 100 shall subject the owner to an administrative fee of $500;
(5) Operation of use of a motor vehicle in the commission or attempted commission of an offense in violation of section 24-1 (unlawful use of weapons), 24-1.5 (reckless discharge of firearms), or 24-3.1 (unlawful possession of firearms and firearm ammunition) of the Illinois Criminal Code (ILCS Ch. 720, Act 5, §§ 24-1, 24-1.5 or 24-3.1, respectively), shall subject the owner to an administrative fee of $500;
(6) Driving while driver’s license, permit or privileges to operate a motor vehicle is suspended or revoked pursuant to ILCS Ch. 625, Act 5, § 6-303, shall subject the owner to an administrative fee of $500; except that vehicles shall not be subjected to seizure impoundment if the suspension is for an unpaid citation (parking or moving), or due to failure to comply with emissions testing;
(7) 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 Illinois Cannabis Control Act, ILCS Ch. 720, Act 550, § 2, or the Illinois Controlled Substances Act, ILCS Ch. 720, Act 570, §§ 100 et seq., shall subject the owner to an administrative fee of $500;
(8) Operation or use of a motor vehicle with an expired driver’s license in violation of the Illinois Vehicle Code, ILCS Ch. 625, Act 5, § 6-101 where the period of expiration is greater than one year, shall subject the owner to an administrative fee of $500;
(9) Operation or use of a motor vehicle without ever having been issued a driver’s license or permit in violation of the Illinois Vehicle Code, ILCS Ch. 625, Act 5, § 6-101, or operating a motor vehicle without ever having been issued a driver’s license or permit due to a person’s age, shall subject the owner to an administrative fee of $500; and
(10) 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 (ILCS Ch. 625, Act 5, §§ 6-101, 6-303 or 11-501, respectively), shall subject the owner to an administrative fee of $500.
(11) Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of Article 16 (theft and related offenses) or 16A (retail theft) of the Criminal Code of 1961 (ILCS Ch. 720, Act 5, §§ 16-0.1 et seq.), shall be subject to an administrative fee of $500.
(C) General regulations.
(1) This section shall not replace or otherwise abrogate any existing state or federal laws or village ordinances pertaining to vehicle seizure, towing and impoundment, and the owner shall be subject to these penalties in addition to any penalties that may be assessed by a court for any criminal charges.
(2) This section does not apply if the 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 upon verifiable proof that the vehicle was stolen at the time the vehicle was impounded.
(3) Fees or towing and storage of a vehicle under this section shall be those approved by the Chief of Police for all tow companies authorized to tow for the Police Department.
(D) Notice. Whenever a police officer has probable cause to believe that a vehicle is subject to tow and impoundment pursuant to this section, the police officer shall provide for the towing of the vehicle to a facility authorized by the village. Before or at the time the vehicle is towed the police officer 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 violation, of the fact of the impoundment, and of the vehicle and of the owner’s or lessee’s right to an administrative hearing and right to request a preliminary vehicle impoundment hearing to be conducted under division (E) of this section. The police officer shall also provide notice that the vehicle shall be impounded pending the completion of the hearings provided for in divisions (E) and (F) of this section, unless the owner of the vehicle posts with the village a cash bond in the amount of $500 and pays the accrued towing and storage charges.
(E) Preliminary hearing. If the owner of record of a vehicle impounded pursuant to this section desires to appeal the impoundment, said owner must make a request for hearing within 24 hours of the impoundment. Said request shall be in writing and filed with the Chief of Police, or his/her designee who shall conduct such preliminary hearing within 24 hours after receipt of the request, excluding
Saturdays, Sundays or village holidays. All interested persons shall be given a reasonable opportunity to be heard at the preliminary vehicle impoundment hearing. The formal rules of evidence will not apply at the hearing and hearsay evidence shall be admissible only if it is the type commonly relied upon by reasonably prudent persons in the conduct of their affairs. If after the hearing, the Chief of Police or his or her designee determines there is probable cause to believe that the vehicle is subject to impoundment pursuant to this section, he or she shall order the continued impoundment of the vehicle as provided in this section unless the owner of the vehicle posts with the village a cash bond in the amount of $500 and pays the towing company any applicable towing and storage fees. If the Chief of Police or his or her designee determines that there is no such probable cause, the vehicle will be returned without penalty or other fees.
(F) Hearing.
(1) Within ten days after a vehicle is impounded pursuant to this section the village shall notify, by personal service or certified mail return receipt requested, the owner of record or lessee of the vehicle and any lienholder of record, of the date, time, and location of a plea hearing that will be conducted pursuant to this section. The hearing shall be conducted by a Hearing Officer, designated by the Village Administrator, who is an attorney licensed to practice law in Illinois for a minimum of three years. The hearing shall be scheduled and held, unless continued by order of the court or the Hearing Officer no later than 45 days after the vehicle was impounded. All interested persons shall be given a reasonable opportunity to be heard at the hearing. The hearing shall be conducted pursuant to subdivision (b)(4) of section 11-208.3 of the Illinois Vehicle Code (ILCS Ch. 625, Act 5, § 11-208.3(b)(4)). The hearing shall be recorded, and the Hearing Officer shall be empowered to administer oaths and to secure by subpoena both the attendance and testimony of witnesses and production of relevant books and papers. Persons appearing at a hearing may be represented by counsel at their own expense. At any time prior to the hearing date the Hearing Officer may at the request of either party, direct witnesses to appear and give testimony at the hearing. The formal rules of evidence will not apply at the hearing, and hearsay evidence shall be admissible only if it is the type commonly relied upon by reasonably prudent persons in the conduct of their affairs. At the conclusion of the hearing, the Hearing Officer shall issue a written decision either sustaining or overruling the vehicle impoundment.
(2) If, after the hearing, the Hearing Officer determines by a preponderance of the evidence, that the vehicle was used in connection with a violation set forth in this section, the Hearing Officer shall enter an order finding the owner of record of the vehicle is civilly liable to the village for an administrative fee in the amount of $500 and requiring the vehicle to continue to be impounded until the owner pays the administrative fee to the village plus fees to the towing company for the towing and storage of the vehicle. If the owner of record fails to appear at the hearing, the Hearing Officer shall enter a default order in favor of the village. If the Hearing Officer finds no such violation occurred, the Hearing Officer shall order the immediate return of the owner’s vehicle or cash bond without fees. Unless the 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.
(G) Administrative fee. If an administrative fee is imposed pursuant to this section, such fee shall constitute a debt due and owing the village. Unless stayed by a court of competent jurisdiction, any fine, penalty, or administrative fee imposed 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. If a cash bond has been posted pursuant to this section the bond shall be applied to the fee. Except as provided otherwise in this section, a vehicle shall continue to be impounded until the fee is paid to the village and any applicable towing and storage fees are paid to the towing company, in which case possession of the vehicle shall be given to the person who is legally entitled to possess the vehicle or the vehicle is sold or otherwise disposed of to satisfy a judgment to enforce a lien as provided by law. Any motor vehicle that is not reclaimed within 35 days after the expiration of the time during which the owner of record may seek judicial review of the village’s action under this section, or the time at which a final judgment is rendered in favor of the village, or the time a final administrative decision is rendered against an owner of record who is in default, shall be deemed abandoned and may be disposed of as an abandoned or unclaimed motor vehicle as provided by law in accordance with the provisions of Article II of Chapter 4 of the Illinois Vehicle Code, as amended (ILCS Ch. 625, Act 5, §§ 5- 201 et seq.).
(H) Vehicle possession. Except as otherwise specifically provided by law, no owner, lien holder, or other person shall be legally entitled to take possession of a vehicle impounded under this section until the administrative fee and fees applicable under this section have been paid. However, whenever a person with a lien of record against an impounded vehicle has commenced foreclosure proceedings, possession of the vehicle shall be given to that person if he or she agrees in writing to refund the village the amount of the net proceeds of any foreclosure sale, less any amounts required to pay all lien holders of record, not to exceed the administrative fee, plus the applicable fees. For purposes of this section, the “owner of record” of a vehicle is the record titleholder as registered with the Secretary of State of the State of Illinois.
(I) Administrative review. Any owner, lien holder, or other person with a legal interest in the vehicle, who is not satisfied with the final decision of the Hearing Officer, shall have the right to appeal the decision to the Circuit Court, pursuant to the Administrative Review Act, as set forth fully in ILCS Ch. 735, Act 5, §§ 3-101 et seq.
(Ord. 1551-10, passed 11-16-10; Am. Ord. 1607-12, passed 2-21-12; Am. Ord. 1743-15, passed 11-3-15)