A. Violations Authorizing Impoundment: A motor vehicle, operated with the permission, express or implied, of the owner of record, which is used in connection with the following violations, may be subject to seizure and impoundment by the City if the violation prevents the driver, or any person at the scene of the violation authorized to operate the vehicle by the owner of the vehicle, from lawfully operating the vehicle, or if a police officer authorized to make arrests in the City determines that impoundment of the vehicle is reasonably necessary as a community caretaking function so that the vehicle does not jeopardize public safety and the efficient movement of vehicular traffic. The owner of record of said vehicle shall be liable to the City for an administrative penalty in addition to any towing and storage fees as hereinafter provided.
Offenses:
1. Operation or use of a motor vehicle in the commission or attempted commission of any offense for which a motor vehicle may be seized and forfeited pursuant to 720 Illinois Compiled Statutes 5/36-1 et seq.
2. Driving under the influence of alcohol, other drug or drugs, intoxicating compounds, in violation of 625 Illinois Compiled Statutes 5/11-501.
3. Operation or use of a motor vehicle in connection with the commission or attempted commission of any felony offense in violation of the provisions of the Illinois Cannabis Control Act, 720 Illinois Compiled Statutes 550/1.
4. Operation or use of a motor vehicle in connection with the commission or attempted commission of any offense in violation of the Illinois Controlled Substances Act, 720 Illinois Compiled Statutes 570/100.
5. Unlawful use of a weapon in violation of 720 Illinois Compiled Statutes 5/24-1; aggravated discharge of a firearm in violation of 720 Illinois Compiled Statutes 5/24-1.5; and unlawful possession of a firearm and firearm ammunition, in violation of 720 Illinois Compiled Statutes 5/24-3.1.
6. Driving while driver's license, permit, or privilege to operate a motor vehicle is suspended or revoked, 625 Illinois Compiled Statutes 5/6-303; except that vehicles shall not be subjected to seizure and impoundment if the suspension is for an unpaid citation (parking or moving), or due to failure to comply with emissions 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, 720 Illinois Compiled Statutes 550/2, or the Illinois Controlled Substances Act, 720 Illinois Compiled Statutes 570/100 et seq.
8. Operation or use of a motor vehicle with an expired driver's license in violation of section 6-101 of the Illinois Vehicle Code, 625 Illinois Compiled Statutes 5/6-101 where 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 section 6-101 of the Illinois Vehicle Code, 625 Illinois Compiled Statutes 5/6-101, 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, other than a warrant for an emission suspension, has been issued by a Circuit Clerk in Illinois for any and all misdemeanor and/or felony offenses, including, but not limited to: failing to answer charges that the driver violated the offenses of: driving while license is revoked or suspended, 625 Illinois Compiled Statutes 5/6-303; operating a motor vehicle without a valid driver's license, 625 Illinois Compiled Statutes 5/6-101; and/or driving under the influence of alcohol, other drugs, intoxicating compound(s), or any combination thereof, 625 Illinois Compiled Statutes 5/11-501.
11. A violation of 625 Illinois Compiled Statutes 5/11-204, "fleeing or attempting to elude a peace officer", of the Illinois Vehicle Code; 625 Illinois Compiled Statutes 5/11-503, "reckless driving; aggravated reckless driving", of the Illinois Vehicle Code, as amended; 625 Illinois Compiled Statutes 5/11-506, "street racing", of the Illinois Vehicle Code.
12. A violation of 720 Illinois Compiled Statutes 5/12-2, "aggravated assault", of the Illinois Criminal Code of 1961, as amended; 720 Illinois Compiled Statutes 5/12-3.2, "domestic battery", of the Illinois Criminal Code of 1961, as amended; 720 Illinois Compiled Statutes 5/12-4, "aggravated battery", of the Illinois Criminal Code of 1961, as amended; 720 Illinois Compiled Statutes 5/16, subdivision 10, "offense of retail theft", of the Illinois Criminal Code of 1961, as amended; 720 Illinois Compiled Statutes 5/18-1, "robbery", of the Illinois Criminal Code of 1961, as amended; 720 Illinois Compiled Statutes 5/20-1.1, "aggravated arson", of the Illinois Criminal Code of 1961, as amended; 720 Illinois Compiled Statutes 5/21-1, "criminal damage to property", of the Illinois Criminal Code of 1961, as amended; or 720 Illinois Compiled Statutes 5/25-1, "mob action", of the Illinois Criminal Code of 1961.
13. A violation of 720 Illinois Compiled Statutes 5/11-14, "prostitution", of the Illinois Criminal Code of 1961, as amended; 720 Illinois Compiled Statutes 5/11-14.1, "solicitation of a sexual act", of the Illinois Criminal Code of 1961, as amended; 720 Illinois Compiled Statutes 5/11-15, "soliciting for a prostitute", of the Illinois Criminal Code of 1961, as amended; 720 Illinois Compiled Statutes 5/11-18, "patronizing a prostitute", of the Illinois Criminal Code of 1961, as amended; or 720 Illinois Compiled Statutes 5/11-18.1, "patronizing a juvenile prostitute", of the Illinois Criminal Code of 1961, as amended.
14. A violation of 625 Illinois Compiled Statutes 5/11-501.8, "suspension of driver's license; persons under age 21" of the Illinois Vehicle Code, as amended.
15. Failure to stop or remain at the scene of an accident that resulted in personal injury or death, or failure to report the accident within one-half (1/2) hour after the motor vehicle accident or within one-half (1/2) hour of being discharged from the hospital in violation of 625 Illinois Compiled Statutes 5/11-401.
16. Failure to stop or remain at the scene of an accident that resulted in damage to any motor vehicle in violation of 625 Illinois Compiled Statutes 5/11-402.
17. This section shall not apply: a) if the vehicle used in the violation was stolen at that time and the theft was reported to the appropriate police authorities within twenty four (24) hours after the theft was discovered.
B. Seizure And Impoundment: Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this section, the police officer shall provide for the towing of the vehicle to a facility controlled by the City or its agents. Before or at the time the vehicle is towed, the police officer shall notify any person identifying himself 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, of the fact of the seizure and of the vehicle owner's right to request a vehicle impoundment hearing to be conducted under this section.
C. Request For Hearing: If the owner of record of a vehicle seized pursuant to this section desires to appeal the seizure, said owner must make a request for said hearing within twenty four (24) hours of the seizure. Said request shall be in writing and filed with the Chief of Police or her designee. If an appeal is timely filed, a Hearing Officer of the City shall conduct such appeal hearing within forty eight (48) hours after the request, excluding Saturdays, Sundays and holidays. All interested persons shall be given a reasonable opportunity to be heard at the vehicle impoundment hearing. The formal rules of evidence will not apply at the hearing and hearsay evidence shall be admissible. If, after the hearing, the Hearing Officer determines there is probable cause to believe that the vehicle is subject to seizure and impoundment pursuant to this section, the Hearing Officer shall order the continued impoundment of the vehicle as provided in this section, unless the owner of the vehicle posts with the City Clerk, a cash bond in the amount of one hundred dollars ($100.00), plus any applicable towing and storage fees.
D. Hearing; Failure To Appear: Unless a hearing is held pursuant to subsection C of this section, within ten (10) days after a vehicle is seized and impounded pursuant to this section, the City shall notify by certified mail, return receipt requested, the owner of record of the date, time and location of a hearing that will be conducted pursuant, to this section. The hearing shall be scheduled and held, unless continued by order of the Hearing Officer, no later than forty five (45) days after the vehicle was seized. The hearing shall be conducted by a Hearing Officer appointed by the Mayor. All interested persons shall be given a reasonable opportunity to be heard at the hearing. If, after the hearing, the Hearing Officer determines by a preponderance of evidence that the vehicle was used in connection with a violation of section 30-225, and that none of the exceptions described in clauses (1) or (2) of subsection (a) applies, the Hearing Officer shall enter an order finding the owner of record of the vehicle civilly liable to the City for an administrative penalty in the amount not to exceed one hundred dollars ($100.00). If the owner of record fails to appear at the hearing, the Hearing Officer shall enter a default order in favor of the City requiring the payment to the City of an administrative penalty in an amount not to exceed one hundred dollars ($100.00). If the Hearing Officer finds that no such violation occurred, the Hearing Officer shall order the immediate return of the owner's vehicle or cash bond.
E. Administrative Penalty: If an administrative penalty is imposed pursuant to this section, such penalty shall constitute a debt due to owing the City. If a cash bond has been posted pursuant to this section, the bond shall be applied to the penalty. If a vehicle has been impounded when such a penalty is imposed, the City may seek to obtain a judgment on the debt and enforce such judgment against the vehicle as provided by law. Except as provided otherwise in this section, a vehicle shall continue to be impounded until: 1) the penalty, plus any applicable towing and storage fees, is paid to the City, in which case possession of the vehicle shall be given to the person who is legally entitled to possess the vehicle; 2) the vehicle is sold or otherwise disposed of to satisfy a judgment to enforce a lien as provided by law. If the administrative penalty and applicable fees are not paid within thirty (30) days after an administrative penalty is imposed under subsection D of this section against an owner of record who defaults by failing to appear at the hearing, the vehicle shall be deemed unclaimed and shall be disposed of in the manner provided by law for the disposition of unclaimed vehicles. In all other cases, if the administrative penalty and applicable fees are not paid within thirty (30) days after the expiration of time at which administrative review of the Hearing Officer's determination may be sought or within thirty (30) days after an action seeking administrative review has been resolved in favor of the City, whichever is applicable, the vehicle shall be deemed unclaimed and shall be disposed of in the manner provided by law for the disposition of unclaimed vehicles under section 4-208 of the Illinois Vehicle Code 1 .
F. Penalty And Fees Paid: Except as otherwise specifically provided by law, no owner, lienholder or other person shall be legally entitled to take possession of a vehicle impounded under this section until the civil penalty and fees applicable under this section have been paid. (Ord. 3376, 5-8-2017)
Notes
| 1 | 1. 625 ILCS 5/4-208. |