(A) If an administrative penalty is imposed, the penalty shall constitute a debt due and owing to the county. All fines or penalties shall be paid 50% into the County General Fund and 50% into the State’s Attorney Drug Fund. If a cash bond has been posted the bond shall be applied to the penalty. If a vehicle is impounded when a penalty is imposed, the county may seek to obtain a judgment on the debt and enforce such judgment against the vehicle as provided by law.
(1) Except as may otherwise be provided in this chapter, all vehicles shall continue to be impounded until the penalty is paid to the county and any applicable towing and storage fees are paid to the towing entity of county, as the case may be, in which case possession of the vehicle shall be given to the person who is legally entitled to possess the vehicle, if the vehicles is sold or otherwise disposed of to satisfy a judgment and lien as provided by law.
(2) If the administrative penalty and applicable towing and storage fees are not paid within 30 days after the expiration of time in which administrative review of the Hearing Officer’s determination may be sought, or within 30 days after an action seeking administrative review has been resolved in favor of the county, whichever is applicable, the vehicle shall be deemed unclaimed and shall be disposed of in the manner provided by law for the disposition of unclaimed vehicles under the State Vehicle Code.
(B) The owner of record of any motor vehicle operated, used or in the physical control of any person, with the express or implied permission of the owner of record, on any public highway within the county during the commission of or in furtherance of any offense or violation set forth in § 72.02, may be liable to the county for a civil penalty in an amount not to exceed $200, in addition to any towing and storage fees.
(Res. passed 8-12-2008)