(A) Definitions: For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
AGGRAVATED ASSAULT AND AGGRAVATED BATTERY: A violation of 720 Illinois Compiled Statutes 5/12-2 and 5/12-4, respectively.
ARMED ROBBERY: A violation of 720 Illinois Compiled Statutes 5/18-2.
BURGLARY AND RESIDENTIAL BURGLARY: A violation of 720 Illinois Compiled Statutes 5/19-1 and 5/19-3, respectively.
CRIMINAL DAMAGE TO PROPERTY: A violation of 720 Illinois Compiled Statutes 5/21-1.
DRIVING UNDER THE INFLUENCE: Any violation as defined in 11-501 of the Illinois vehicle code 3 , as amended.
DRIVING WHILE LICENSE, PERMIT OR PRIVILEGE TO OPERATE A MOTOR VEHICLE IS SUSPENDED OR REVOKED: Any violation as defined in 6-303 of the Illinois vehicle code 4 , as amended.
DRUG PARAPHERNALIA: Any equipment, product and/or materials as defined in section 2 of the drug paraphernalia act 5 .
HEARING OFFICER: A licensed attorney who is not an officer.
OPERATION OF MOTOR VEHICLE WITHOUT A VALID DRIVER'S LICENSE: A violation of 6-101 and/or 6-303 of the Illinois vehicle code 6 , as amended from time to time, where the driver's license or driving privileges have been suspended, revoked, canceled, never obtained or previously had been obtained and have been expired for not less than six (6) months.
OWNER OF RECORD: The record titleholder to a motor vehicle.
RETAIL THEFT: A violation of 720 Illinois Compiled Statutes 5/16A-3.
UNLAWFUL USE OF WEAPONS: A violation of 24-1 of the criminal code of 1961 1 , as amended.
(B) Vehicles Subject To Tow And Impoundment: A motor vehicle, operated with the permission, express or implied, of the owner of record, shall be declared to be a public nuisance and shall be subject to tow and impoundment under this section where such motor vehicle is used in the commission of any of the violations of village or state laws or regulations specified in this subsection and where impoundment of the vehicle is determined by a police officer on the scene to be reasonably necessary as a community caretaking function so that the vehicle does not jeopardize public safety and the efficient movement of vehicular traffic. It shall not be necessary for criminal charges to be filed, prosecuted, and/or proven in order to demonstrate that one of the following violations has been committed in order to trigger the towing and impoundment of the offending vehicle:
1. The possession or delivery of a controlled substance or drug paraphernalia; or
2. Driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof; or
3. Driving while license, permit or privilege to operate a motor vehicle is suspended or revoked in violation of 625 Illinois Compiled Statutes 5/6-303, except a person whose driver's license, permit or privilege to operate a motor vehicle is suspended only for a violation of the vehicle emissions inspection law of 2005, 625 Illinois Compiled Statutes 5/13C-1 et seq.; or
4. Operation of a motor vehicle without a valid and current driver's license in violation of statutes including, but not limited to, either 625 Illinois Compiled Statutes 5/6-101(a) or 5/6-101(b); or
5. The unlawful possession of a firearm in violation of 720 Illinois Compiled Statutes 5/24-3.1, use of weapons in violation of 720 Illinois Compiled Statutes 5/24-1, or discharge of a firearm in violation of 720 Illinois Compiled Statutes 5/24-1.5; or
6. Retail theft, when the value of the merchandise exceeds one hundred fifty dollars ($150.00); or
7. Aggravated assault, aggravated battery, armed robbery, burglary, residential burglary and criminal damage to property; or
8. Any violation of the provisions of the Illinois cannabis control act, 720 Illinois Compiled Statutes 550/1; or
9. Fleeing or attempting to elude a law enforcement officer in violation of 625 Illinois Compiled Statutes 5/11-204; or
10. Driving recklessly in violation of 625 Illinois Compiled Statutes 5/11-503; or
11. Street racing in violation of 625 Illinois Compiled Statutes 5/11-506; or
12. The commission or attempted commission of any felony offense; or
13. The motor vehicle is otherwise subject to seizure and impoundment pursuant to 720 Illinois Compiled Statutes 5/36-1.
(C) Tow And Impoundment Of Vehicles: Whenever a police officer has probable cause to believe that a motor vehicle is subject to tow and impoundment pursuant to this section, and none of the circumstances delineated in subsection (D) of this section are present, the police officer shall cause the motor vehicle to be towed to a facility authorized by the village or its agents in accordance with the procedures set forth in title 9, chapter 9 of this code. When the vehicle is towed, the police officer shall notify any person identifying himself or herself as the owner of the vehicle or any person who is found to be in control of the vehicle at the time of the alleged violation, if there is such a person, of the fact of the tow and of the vehicle owner's right to request a preliminary hearing to be held in accordance with the administrative hearing procedures set forth in subsection 10-1-12(F) of this chapter, though the owner is not restricted to the defenses enumerated in subsection 10-1-12(D) of this chapter. Said motor vehicle shall be impounded pending the completion of the hearings provided for in this chapter, unless the owner of the motor vehicle posts with the village a cash bond as set forth in subsection (E) of this section and in an amount established by Title 1, Chapter 20, “Fees, Fines, Insurance, Guarantees, and Regulatory Measures”.
(D) Exceptions To Vehicle Tow And Impoundment: A police officer who has probable cause to believe that a motor vehicle is subject to tow and impoundment pursuant to this section shall first ascertain whether the tow and impoundment is necessary and reasonable under the circumstances. If in the judgment of the police officer then present, a person authorized by the owner of record or the operator of the vehicle is present, capable and willing to provide for the lawful immediate removal of the vehicle and the owner or operator of the vehicle executes an indemnification agreement, holding the village harmless for releasing the motor vehicle into the custody of said person, the police officer shall allow that individual to promptly remove the motor vehicle without it being subject to tow and impoundment.
(E) Posting A Bond: If a bond is posted with the village, the impounded 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 pursuant to this section and established by Title 1, Chapter 20, “Fees, Fines, Insurance, Guarantees, and Regulatory Measures”, the bond shall be applied to said fee; provided, in the event that a violation of this section is not proven at the hearing referenced in subsection (C) of this section, 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 hearing officer issues a decision, or, in the event of judicial review, until a reviewing court issues a final decision.
(F) Preliminary Hearing: Where the owner of a motor vehicle seized under the provisions of this section requests in writing a preliminary hearing within twelve (12) hours after the tow of the motor vehicle, the watch commander or designated supervising officer must conduct a preliminary hearing within twenty four (24) hours after the request for a preliminary hearing is received by the village; provided that if the date for the hearing falls on a Saturday, Sunday, or legal holiday, the preliminary hearing will be held on the next business day following the Saturday, Sunday or legal holiday. For purposes of this section, the following shall apply:
1. All interested persons shall be given a reasonable opportunity to be heard at the preliminary hearing.
2. The formal rules of evidence shall not apply at the hearing, and hearsay testimony will be allowed and shall be admissible.
3. If, after the conclusion of the hearing, the watch commander or designated supervising officer determines that there is probable cause to believe that the vehicle was properly towed and impounded in accordance with this section and that no enumerated exception justifies release of the vehicle from impoundment, he or she shall order the continued impoundment of the vehicle unless and until the owner of the vehicle posts a cash or certified check bond with the village, and pays all towing and storage costs to the applicable towing company. The village shall hold the cash or certified check bond, together with payment for all accrued towing and storage charges, until such time as the final hearing is completed.
4. If the watch commander or designated supervising officer determines that there is not probable cause to believe that the vehicle was properly towed and impounded under this section, then the motor vehicle shall be returned to the owner of record of the vehicle without any penalty or other costs.
(G) Final Hearing:
1. Notice Of Hearing: Within twenty one (21) days after a motor vehicle is towed and impounded pursuant to this section, the village shall notify the owner of record of the vehicle of the date, time and location of a final hearing, to be conducted in accordance with subsection 10-1-12(F) of this chapter. Such notice shall be mailed by certified mail, return receipt requested, to the owner of record, as shown on the records of the Illinois secretary of state. Notice by certified mail need not be given when the owner of the vehicle has been personally served with notice in written form of the time, date and location of the hearing.
2. Hearing: For purposes of this section, the following shall apply at an owner's final hearing:
(a) Unless continued by order of the hearing officer, the hearing shall be held within forty five (45) days after the motor vehicle was impounded.
(b) All interested persons shall be given a reasonable opportunity to be heard at the hearing. The formal rules of evidence shall not apply at the hearing and hearsay evidence shall be admissible. At the 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 defendant to prove that the violation was not committed.
(c) If, after the conclusion of the hearing, the hearing officer determines by a preponderance of the evidence that the vehicle was properly impounded, the hearing officer shall enter an order for the continued impoundment of the vehicle until the owner of the vehicle pays to the village the administrative fee, as established by Title 1, Chapter 20, “Fees, Fines, Insurance, Guarantees, and Regulatory Measures”, plus all accrued towing and storage costs to the applicable towing company. The administrative fee shall be a debt due to the village and the owner shall be civilly liable therefor. If a cash bond has been posted, said bond shall be applied to the administrative fee.
(d) If the owner of record fails to appear at the hearing, the hearing officer shall enter an order of default in favor of the village, which order shall require the payment to the village of an administrative penalty, as established in Title 1, Chapter 20, “Fees, Fines, Insurance, Guarantees, and Regulatory Measures”, plus towing and storage costs to the applicable towing company, as well as the continued impoundment of the vehicle until the owner remits to the village the administrative fee and towing and storage costs to the towing company.
(e) If the hearing officer determines that the vehicle was not used in violation of this section then the motor vehicle shall be returned to the owner of the vehicle promptly and without any penalty or other costs, or, if a cash bond had previously been posted, said cash bond shall be returned.
(H) Unclaimed Vehicles:
1. Any motor vehicle that is not claimed within thirty (30) days after the expiration of time in which the owner of record may seek judicial review of the action of the village under this section or any vehicle for which payment of all required monies to secure the vehicle has not been tendered within thirty (30) days of the expiration of time in which the owner of record may seek judicial review of the order entered at the conclusion of the final hearing, or the time at which a final judgment is rendered in favor of the village by a court of proper jurisdiction, or the time at which a final administrative decision is rendered against an owner of record who is in default, the vehicle shall be deemed unclaimed and may be disposed of as an abandoned or unclaimed vehicle, as otherwise provided in the Illinois vehicle code.
(I) Liability For Penalty And Costs:
1. The owner of record of a motor vehicle that is seized or impounded shall be liable to the village for an administrative fee, established by Title 1, Chapter 20, “Fees, Fines, Insurance, Guarantees, and Regulatory Measures”, in addition to any fees and charges for the towing and storage of the motor vehicle by the applicable towing company.
2. Fees for towing and storage are established by the towing company and not by the village, in accordance with the provisions of title 9, chapter 9 of this code.
3. A vehicle impounded pursuant to this section shall remain impounded until the earlier of the following events occurs:
(a) The administrative fee is paid to the village, and all towing and storage costs are paid to the applicable towing company.
(b) A bond in an amount equal to the liability of the owner as provided in this section is posted with the village and all applicable towing and storage costs are paid to the applicable towing company.
(c) The vehicle is deemed unclaimed or abandoned, in which case the vehicle shall be disposed of in the manner provided by law for the disposition of abandoned or unclaimed vehicles.
(d) Except as otherwise specifically provided by law, no owner, lien holder or any other person shall be legally entitled to take possession of a motor vehicle impounded under this section until the administrative fee and all towing and storage costs applicable under this section have been paid in full. (Ord. 2009-4250, 4-20-2009; amd. Ord. 2021-4921, 9-20-2021)
Notes
| 1 | 1. 720 ILCS 570/101 et seq. |
| 2 | 2. 720 ILCS 550/3. |
| 3 | 3. 625 ILCS 5/11-501. |
| 4 | 4. 625 ILCS 5/6-303. |
| 5 | 5. 720 ILCS 600/2. |
| 6 | 6. 625 ILCS 5/6-101, 5/6-303. |
| 1 | 1. 720 ILCS 5/24-1. |