(A) No person shall drive or be in actual physical control of a motor vehicle within the city while his or her driver’s license, permit or privilege to operate a motor vehicle is suspended or revoked, as defined in 625 ILCS 5/6-303, as amended.
(B) Any vehicle used in a violation of division (A) above shall be subject to seizure and impoundment pursuant to this section.
(C) 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.
(D) 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 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 driver’s license or permit of the vehicle operator was suspended only for violations of vehicle emissions testing under 625 ILCS 5/13B.
(Prior Code, § 73.10) (Ord. 06-O-1859, passed 6-7-2006) Penalty, see § 73.99