(A) General. The owner of record of any motor vehicle that does the following shall be subject to seizure and impoundment pursuant to this section:
(1) The vehicle is operated by a driver under the influence of alcohol, other drug or drugs, intoxicating compound(s) or any combination thereof, as provided in ILCS Ch. 625, Act 5, § 11-501(a);
(2) The vehicle is operated by a driver while driver’s license, permit or privilege to operate a motor vehicle is suspended or revoked, as a result of suspension related to conviction for drugs, alcohol, intoxicating compound or any combination thereof, pursuant to ILCS Ch. 625, Act 5, § 11-501(a), as provided in ILCS Ch. 625, Act 5, § 6-303 or is suspended or revoked for any other reason and the vehicle is being operated in violation of ILCS Ch. 625, Act 5, § 6-303;
(3) The operation of any motor vehicle with open alcohol in violation of ILCS Ch. 625, Act 5, § 11-502;
(4) Any vehicle operated and occupied solely by minors wherein alcoholic beverages, whether open or sealed, are found in violation of ILCS Ch. 235, Act 5, § 10.1;
(5) Any vehicle being operated wherein there is found cannabis in violation of State Cannabis Control Act (ILCS Ch. 720, Act 550, § 1); or
(6) Any vehicle being operated or having been operated while the operator or occupants of the vehicle are in the commission of or fleeing from the commission of a crime constituting a charge of a Class A misdemeanor, or any felony;
(7) A violation of ILCS Ch. 720, Act 5, § 11-14, “Prostitution”, of the Illinois Criminal Code of 1961, as amended, ILCS Ch. 720, Act 5, § 11-14.1, “Solicitation of a Sexual Act”, of the Illinois Criminal Code of 1961, as amended, ILCS Ch. 720, Act 5, § 11-18, “Patronizing a Prostitute”, of the Illinois Criminal Code of 1961, as amended, or , ILCS Ch. 720, Act 5, § 11-18.1, “Patronizing a Minor Engaged in Prostitution” of the Illinois Criminal Code, as amended;
(8) Any vehicle being operated by a driver upon a highway in the state when such driver does not possess a valid license or permit or a restricted driving permit in violation of the Illinois Vehicle Code, ILCS Ch. 625, Act 5, § 6-101(a);
(9) Any vehicle being operated with sound amplification equipment in violation of ILCS Ch. 625, Act 5, § 12-611; and/or
(10) Any vehicle being operated or having been operated while the operator or occupants of the vehicle commit the violation of illegal dumping, as defined in ILCS Ch. 415, Act 5, § 21.
(B) Posting a bond. The owner of record of such described above shall post a bond in the amount of $400. The impounded motor vehicle shall be released to the owner of record, upon the payment by the owner of record of the towing and storage costs to the applicable towing company. If an administrative fee is imposed consistent with division (C)(2) below, the bond shall be applied to said fee; provided, in the event that a violation of this section is not proven, the bond shall be returned to the person posting the bond. All bond money posted pursuant to this section shall be held by the village until the time for appeal lapses, a Hearing Officer issues a decision, or, if there is judicial review, until a reviewing court issues a final decision.
(C) Administrative hearings.
(1) General. Where the owner of record of a motor vehicle seized under the provisions of this section makes a request, in writing and filed with the Chief of Police or designee, for a preliminary hearing within 24 hours after the seizure of the motor vehicle, the Chief of Police or designee must conduct a preliminary hearing within 24 hours after the request for hearing is received. Requests received on Friday, Saturday or the day prior to a holiday, will be heard on the next business day. The following rules shall apply to such preliminary hearing:
(a) All interested persons shall be given a reasonable opportunity to be heard at the preliminary hearing.
(b) The formal rules of evidence shall not apply at the preliminary hearing, and hearsay testimony shall be allowed if it is the type commonly relied upon by reasonably prudent persons in the conduct of their affairs.
(c) If, after the conclusion of the preliminary hearing, the Chief of Police or his or her designee determines that there is probable cause to believe that the motor vehicle was used as provided in division (C)(1)(a) above, the Chief of Police or designee shall order the continued impoundment of the motor vehicle, unless the owner of record of the motor vehicle posts the cash bond with the village in the amount of $400, and pays the towing and storage costs to the applicable towing company, as set forth herein.
(d) If the hearing results in a finding of no probable cause to believe there is a violation of division (C)(1)(a) above, the motor vehicle shall be returned to the owner of record without any fees or other costs, but the owner of record shall be responsible to pay any towing or storage charges to the applicable towing company.
(e) The Chief of Police shall have the discretion to settle an impoundment made pursuant to the section for a reduced administrative fee of not less than $300 upon a finding that unique circumstances exist to warrant a reduced administrative fee. Any settlement accepted by an owner constitutes a waiver of the right to any further appeals to the village or the courts regarding the violation that was subject to the preliminary hearing.
(2) Plea hearing/evidentiary hearing.
(a) Within ten days after a motor vehicle is impounded pursuant to this section, the village shall notify the owner of record of the date, time and location of a plea hearing that shall be conducted, pursuant to this section. Such notice shall be sent by certified mail, return receipt requested, to the owner of record as shown on the records of the Secretary of State. Notice by certified mail need not be given when the owner of record has been personally served with notice, in written form, of the time, date and location of the plea hearing. The plea hearing shall be conducted by a Hearing Officer, designated by the Village President. The owner of record shall appear at a plea hearing and enter a plea of guilty or not guilty. If a guilty plea is entered, or if the owner of record fails to appear, the cause shall be disposed of at that time, with an order/default order in favor of the village, which order/default order shall require the payment to the village of an administrative fee of $400 and towing and storage costs to the applicable tow company. If the owner of record pleads not guilty, an evidentiary hearing shall be scheduled and held no later than 45 days after the motor vehicle was impounded, unless continued by the Hearing Officer. All interested persons shall be given a reasonable opportunity to be heard at the evidentiary hearing. At any time prior to the evidentiary hearing date, the Hearing Officer may, at the request of either the village or the owner of record, direct witnesses to appear and give testimony at the evidentiary hearing. The formal rules of evidence shall not apply at the evidentiary hearing, and hearsay evidence shall be admissible if it is the type commonly relied upon by reasonably prudent persons in the conduct of their affairs.
(b) If, after the evidentiary hearing, the Hearing Officer determines, by a preponderance of the evidence, that the motor vehicle was used in connection with a violation set forth herein, the Hearing Officer shall enter an order finding the owner of record of the motor vehicle civilly liable to the village for the administrative fee of $400 and require the motor vehicle impoundment continued until the owner of record pays the administrative fee to the village as well as the towing and storage fees to the applicable towing company. If a cash bond has been posted pursuant to this section, then the bond shall be applied as and for the administrative fee. If the owner of record fails to appear at the evidentiary hearing, the Hearing Officer shall enter a default order in favor of the village, which order shall require the payment to the village of the administrative fee and towing and storage costs to the applicable towing company, and the continue impoundment of the motor vehicle until the such fees and costs are paid in full. The administrative fee shall be a debt due to the village. The village may seek to obtain a judgment on the debt and enforce such judgment as provided by law. If the Hearing Officer finds no such violation occurred, the Hearing Officer shall order the immediate return to the owner of record, the motor vehicle without any fees or other costs, or, if a cash bond had previously been posted, said bond shall be returned.
(c) At the evidentiary hearing, the violation citation shall be prima facie evidence that the violation was committed as provided in the citation, and the burden of proof shall be upon the owner of record to prove that the violation was not committed.
This division (C)(2)(c) shall not apply:
1. If the vehicle used in the violation was stolen at the time and theft was reported to the appropriate police authorities within 24 hours after the theft was discovered or reasonably should have been discovered;
2. If the vehicle is operating as a common carrier and the violation occurs without the knowledge of the person in control of the vehicle; or
3. If the owner proves that the presence of the controlled substance or cannabis was authorized under the Controlled Substances Act, being ILCS Ch. 720, Act 570, or Cannabis Control Act, being ILCS Ch. 720, Act 550, or in the case of a firearm, stun gun or taser that the presence of the firearm, stun gun or taser was permissible pursuant to § 24-2 of the Criminal Code of 1961 (ILCS Ch. 720, Act 5, § 24-2) or that the firearm was exempt from registration under any provision of state or federal law.
(3) Disposition of impounded vehicles.
(a) If the administrative fee and other applicable fees are not paid within 30 days after the administrative fee is imposed against the owner of record who defaults by failing to appear at the hearing provided in this section, or who admits guilt at the plea hearing, the motor vehicle shall be deemed unclaimed and shall be disposed of in the manner provided by law for the disposition of unclaimed motor vehicles pursuant to ILCS Ch. 625, Act 5, §§ 1-100 et seq. as amended. In all other cases, if the administrative fee and applicable towing and storage costs to the applicable towing company are not paid within 30 days after the expiration of time by 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 village, whichever is applicable, the motor vehicle shall be deemed unclaimed and shall be disposed of in the manner provided by law.
(b) No owner of record, lien holder or other persons shall be legally entitled to take possession of a motor vehicle impounded under the section until the administrative fee and towing and storage costs to the applicable tow company imposed pursuant to the section have been paid. However, whenever a person with a lien of record against an impounded motor vehicle has commenced foreclosure proceedings, possession of the motor vehicle shall be given to that persons if he or she agrees in writing to refund to the village the amount of the net proceeds of any foreclosure sale, less any amount required to pay all line holders of record, not to exceed the administrative fee, plus the applicable towing and storage costs.
(4) Applicability of other laws. This section is in addition to and shall not replace or otherwise abrogate any existing state or federal laws or any ordinance that relates to the seizure or impoundment of motor vehicles, and any fee provided for in this section shall be in addition to any and all penalties that may be assessed or imposed by a court for any criminal charges. This section shall not apply:
(a) If the motor vehicle used in the violation was stolen at the time of the violation and the theft was reported to the appropriate police authorities within 24 hours after the theft was discovered;
(b) If the motor vehicle is operated as a common carrier as defined by applicable law and the violation occurs without the knowledge of the person in control of the motor vehicle; or
(c) If the motor vehicle is subject to successful forfeiture proceedings under ILCS Ch. 725, Act 5, §§ 36-1 et seq. as amended (Seizure and Forfeiture of Vessels, Vehicles and Aircraft); or other state or federal forfeiture laws.
(5) Use of fees collected. All fees collected by the village pursuant to this section shall be deposited and used for village traffic safety and enforcement expenditures.
(6) General regulations. Fees for 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.
(7) Administrative review. Any owner of record, lien holder or other person with a legal interest in the motor vehicle, shall have the right to appeal the decision of the Hearing Officer to the 22nd Judicial Circuit Court, pursuant to the Administrative Review Act, ILCS Ch. 735, Act 5, §§ 3-101 et seq., as amended. Any respondent seeking review of a final decision shall be required to reimburse the village of the costs of preparing and certifying the record of proceedings. Failure of the respondent to reimburse the village shall be grounds for the dismissal of a complaint for administrative review pursuant to ILCS Ch. 735, Act 5, § 3-109. In the event the reviewing court reverses the findings, decision and order of the Administrative Law Judge, the village will reimburse the respondent for the costs for preparing and certifying the record of proceedings.
(8) Administrative fee refund. A finding of “not guilty” following a trial in the 22nd Judicial Circuit Court for the underlying violation wherein the motor vehicle was impounded, shall entitled the owner of record to a full and complete refund of any administrative fee imposed under this section. However, the owner of record must request the refund in writing and shall include in the request a certified disposition of “not guilty” following a trial from the 22nd Circuit Court Clerk. An order of dismissal or a negotiated disposition on the underlying charge(s) shall not result in a refund of the administrative fee.
(Ord. 11-O-09, passed 6-9-2011)