(A) Whenever a police officer has probable cause to believe that a motor vehicle is being used in violation of section 7-12-2 of this chapter, he shall cause the seizure and impoundment of that motor vehicle to a facility controlled by the village or its agents. When a motor vehicle is towed, the police officer shall notify the owner of record, or any person in control of the vehicle at the time of the alleged violation, if there is such a person, of the seizure, the owner of record's right to request a preliminary hearing as provided in this chapter, and that the motor vehicle will be held as bond to secure the owner of record's personal appearance at the final hearing.
(B) No vehicle shall be seized or impounded under this chapter unless the police officer determines that such action is necessary and reasonable under the circumstances including, but not limited to, the exercise of his/her community caretaking functions. If the motor vehicle is capable of being removed from the scene by an individual who is present on the scene, and who has permission from the owner of record to drive the vehicle, and the individual is otherwise capable of lawfully operating a motor vehicle in the state of Illinois, the police officer shall allow that individual to remove the motor vehicle without being subject to seizure and impoundment. Similarly, if the motor vehicle is parked legally, and/or will not present a hazard to the public safety, or jeopardize the efficient movement of vehicular traffic at its location, the officer shall permit the vehicle to remain at its location without being seized or impounded pursuant to this chapter. This determination shall not apply when the vehicle is required to be seized or impounded due to investigative measures or when a vehicle is seized or impounded pursuant to another lawful purpose. (Ord. 16-05, 6-6-2016)