(A) Motor vehicle operated with permission, express or implied.
(1) A motor vehicle operated with the permission, express or implied, of the owner of record, that is used in connection with any of the following violations shall be subject to seizure and impoundment by the village. The owner of record of said vehicle shall be liable to the village for an administrative penalty of $500 in addition to any towing and storage fees, and other fees deemed applicable.
(2) As used in this subchapter, the owner of record of a motor vehicle means the record title holder:
(a) Any motor vehicle which is operated by a person driving while his or her driver’s license, permit or privilege to operate a motor vehicle is suspended or revoked in violation of 625 ILCS 5/6-303. For the purposes of this division (A)(2)(a), the terms REVOKED or SUSPENDED, when used in the context of driving privileges or driver licenses, shall have the same meaning as contained in the Illinois Vehicle Code, 625 ILCS 5/6-100 et seq.;
(b) Any motor vehicle which is operated by a person driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds of any combination thereof, in violation of 625 ILCS 5/11-501(a); or
(c) Any motor vehicle which is operated by a person driving against whom a warrant has been issued by a Circuit Court in the state for failing to answer charges that the driver violated divisions (A)(2)(a) or (A)(2)(b) above.
(B) Driving while intoxicated; standard of evidence.
(1) A sworn report of a police officer, prepared in conformity with § 11-501.1 of the Illinois Vehicle Code, 625 ILCS 5/11-501.1, establishing that a person has refused testing or has submitted to a test that discloses a blood alcohol concentration of 0.08 or more, or any amount of a drug, substance or intoxicating compound in the person’s breath, blood or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, controlled substance listed in the Controlled Substances Act, or an intoxicating compound listed in the Use of Intoxicating Compounds Act, shall constitute prima facie evidence under this subchapter sufficient to establish a finding of the vehicle owner’s liability under this subchapter. The presumption may be rebutted by clear and convincing evidence.
(2) Any motor vehicle that contains any controlled substance or cannabis, as defined in the Illinois Controlled Substances Act, 720 ILCS 570/100 et seq., and the Illinois Cannabis Control Act, 720 ILCS 550/1 et seq., or that is used in the purchase, attempt to purchase, sale or attempt to sell such controlled substances or cannabis.
(C) Weapons. Any motor vehicle used in connection with the unlawful use of weapons in violation of 720 ILCS 5/24-1 et seq., (Deadly Weapons) of the Illinois Criminal Code, or that contains a firearm or ammunition for which a firearms owner’s identification card is required under the Illinois Owners Identification Card Act, 430 ILCS 65/0.01 et seq.;
(D) Prostitution. Any motor vehicle that is used in the commission of prostitution as defined in the Illinois Criminal Code, 720 ILCS 5/11 et seq., solicitation of a prostitute or a sexual act as defined in said Code, or pimping or juvenile pimping as defined in said Code;
(E) Person who does not hold a valid state driver’s license. Any motor vehicle that is used by a person who does not hold a valid state driver’s license or permit or a restricted driver’s permit issued under §§ 6-205, 6-206 or 6-113 of the Illinois Motor Vehicle Code, 625 ILCS 5/6-205, 625 ILCS 5/6-206 or 625 ILCS 5/6-113; and
(F) Aiding or abetting or commission of a misdemeanor, felony or forcible felony. Any motor vehicle which is used by a person during the aiding or abetting or commission of a misdemeanor, felony or forcible felony as those terms are defined in the Illinois Criminal Code, 720 ILCS 5/2-7, 720 ILCS 5/2-8 and 720 ILCS 5/2-31.
(Ord. 4014, passed 9-21-2009) Penalty, see § 72.99