(A) The owner of record of any motor vehicle that contains unlawful cannabis, as defined by the state’s Cannabis Act, being 720 ILCS 550/1 et seq., and the Cannabis Regulation and Tax Act, 410 ILCS 705/1 et seq., or a controlled substance, as defined by the state’s Controlled Substances Act, being 720 ILCS 570/100 et seq., or that is used in the purchase, attempt to purchase, sale or attempt to sell such controlled substances or unlawful cannabis shall be subject to seizure and impoundment pursuant to this section.
(B) 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. When the vehicle is towed, the police officer shall notify the 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 seizure and of the vehicle owner’s right to request a preliminary hearing to be conducted under this chapter.
(C) This section shall not apply if:
(1) The vehicle used in the violation was stolen at the time and the theft was reported to the appropriate police authorities within 24 hours after the theft was discovered or reasonably should have been discovered;
(2) The vehicle is operating as a common carrier and the violation occurs without the knowledge of the person in control of the vehicle;
(3) The alleged owner provides adequate proof that the vehicle had been sold to another person prior to the violation; or
(4) The owner proves that the presence of the controlled substance or cannabis was authorized under the Controlled Substances Act or the Cannabis Control Act or the Cannabis Regulation and Tax Act or the Compassionate Use of Medical Cannabis Program Act.
(Prior Code, § 73.04) (Ord. 05-O-1837, passed 7-3-2005; Ord. 20-O-2262, passed 4-15-2020; Ord. 20-O-2279, passed 8-19-2020) Penalty, see §
73.99