(A) A motor vehicle, operated with the permission, express or implied, of the owner of record or lessee, shall be declared a public nuisance and subject to seizure and impoundment under this section where such motor vehicle is used in the commission of any of the violations set forth in § 76.02(B) or when the commission of any of the violations set forth in § 76.02(B) makes impoundment of the motor vehicle reasonably necessary as a community care taking function so that the motor vehicle does not jeopardize public safety and the efficient movement of vehicular traffic.
(B) The administrative fee related to the village's administrative and processing costs associated with the investigation, arrest, and detention of an offender, or the removal, impoundment, storage, and release of the vehicle shall be imposed upon any of the violations listed in 625 ILCS 5/11-208.7(b), as amended, occurred. It shall not be necessary for criminal changes to be filed, prosecuted, and/or proven in order to assess the administrative fee. The violations set forth in 625 ILCS 5/11-208.7(b) are as follows:
(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 § 36-1 of the Criminal Code of 2012; or
(2) Driving under the influence of alcohol, another drug or drugs, an intoxicating compound or compounds, or any combination thereof, in violation of § 11-501 of the Illinois Vehicle Code; or
(3) Operation or 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; or
(4) Operation or use of a motor vehicle in the commission of or in the attempt to commit an offense in violation of the Illinois Controlled Substances Act; or
(5) Operation or use of a motor vehicle in the commission of or in the attempt to commit an offense in violation of §§ 24-1, 24-1.5, or 24-3.1 of the Criminal Code of 1961 or the Criminal Code of 2012; or
(6) Driving while a driver's license, permit, or privilege to operate a motor vehicle is suspended or revoked pursuant to § 6-303 of the Code; 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; or
(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 Cannabis Control Act or the Illinois Controlled Substances Act; or
(8) Operation or use of a motor vehicle with an expired driver's license, in violation of § 6-101 of the Illinois Vehicle Code, if the period of expiration is greater than one year; or
(9) 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 Illinois Vehicle Code, or operating a motor vehicle without ever having been issued a driver's license or permit due to a person's age: or
(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 §§ 6-101, 6-303, or 11-501 of the Illinois Vehicle Code; or
(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 or 16A of the Criminal Code of 1961 or the Criminal Code of 2012; or
(12) 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 when so provided by this code; or
(13) Operation or use of a motor vehicle in violation of § 11-503 of the Illinois Vehicle Code:
(a) While the vehicle is part of a funeral procession; or
(b) In a manner that interferes with a funeral procession.
(Ord. 14-02, passed 1-13-2014; Ord. 16-04, passed 3-7-2016; Ord. 2020-01, passed 2-3-2017)