(A) Any motor vehicle, operated with the express or implied permission of the owner of record, that is used in connection with, to assist, or to commit, violations of any of the following statutes, as now or as hereinafter amended, shall be subject to seizure and impoundment by the city, and the owner of record of said motor vehicle shall be liable to the city for a Level 1 administrative fee, as provided for in this subchapter, in addition to any towing and storage fees as hereinafter provided. Such administrative fee shall be waived by the city upon verifiable proof that the motor vehicle was stolen at the time the motor vehicle was impounded.
(B) This subchapter establishes procedures for the release of properly impounded motor vehicles and the payment of administrative fees only for the following violations:
(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 Illinois Criminal Code of 2012;
(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 Criminal Code or the Illinois Traffic Code;
(3) Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of the Illinois Cannabis Control Act;
(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 Substance Act;
(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 Illinois Criminal Code of 1961 or the Illinois Criminal Code of 2012;
(6) Driving while a driver's license, permit, or privilege to operate a motor vehicle is suspended or revoked pursuant to § 6-303 of Illinois Traffic 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;
(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 or the Illinois Controlled Substances Act;
(8) Operation or use of a motor vehicle with an expired driver's license, in violation of § 6-101 or the Illinois Traffic Code, if the period of expiration is greater than one year;
(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 Traffic Code, or operating a motor vehicle without ever having been issued a driver's license or permit due to a person's age;
(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 Traffic Code;
(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 Illinois Criminal Code of 1961 or the Illinois Criminal Code of 2012;
(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 Illinois Criminal Code of 1961 or the Illinois Criminal Code of 2012; 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.
(C) The city shall also provide notice that the motor vehicle will remain impounded pending the completion of the administrative hearing, unless the owner or lessee of the vehicle or a lienholder posts with the Clerk of the city or his or her designee a bond equal to the administrative fee as provided herein and pays for all towing and service charges.
(D) The city shall also provide notice of any such administrative hearing to the owner, lessee and/or lienholder of record, and said notice shall:
(1) Be served upon the owner, lessee and/or any lienholder of record either by personal service or by first class mail to the interested party's address as registered with the Secretary of State;
(2) Be served upon the interested parties within ten days after a vehicle has been impounded by the city; and
(3) Contain the date, time and location of the administrative hearing.
(E) The initial administrative hearing shall be scheduled and convened no later that 45 days after the date of mailing the notice of the hearing.
(F) The city must also comply with the following requirements concerning administrative hearings:
(1) Administrative hearings shall be conducted by a hearing officer who is an attorney licensed to practice law in this State for a minimum of three years;
(2) At the conclusion of the administrative hearing, the hearing officer shall issue a written decision either sustaining or overruling the vehicle impoundment;
(3) If the basis for the vehicle’s impoundment is sustained by the administrative hearing officer, any administrative fee posted to secure the release of the vehicle shall be forfeited to the city;
(4) All final decisions of the administrative hearing officer shall be subject to review under the provisions of the Administrative Review Law; and
(5) Unless the administrative 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 in full.
(G) Vehicles not retrieved from the towing facility or storage facility within 35 days after the administrative hearing officer issues a written decision shall be deemed abandoned and disposed of in accordance with the provisions of Illinois law.
(H) Unless stayed by a court of competent jurisdiction, any fine, penalty, or administrative fee imposed under this section 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.
(Ord. 1715, passed 11-10-2009; Am. Ord. 1799, passed 10-4-2016)