(A) A motor vehicle used to commit the offense of aggravated fleeing or attempting to elude a peace officer is subject to seizure and impoundment. The offense of aggravated fleeing or attempting to elude a peace officer is committed by any driver or operator of a motor vehicle who, having been given a visual or audible signal by a peace officer directing such driver or operator to bring his or her vehicle to a stop, willfully fails or refuses to obey such direction, increases his or her speed, extinguishes his or her lights, or otherwise flees or attempts to elude the officer, and either: (1) drives at a rate of speed at least 21 miles per hour over the legal speed limit; (2) causes bodily injury to any individual; (3) causes damage in excess of $300 to property; (4) involves disobedience of two or more official traffic control devices; or (5) involves the concealing or altering of the vehicle’s registration plate or digital registration plate. The signal given by the peace officer may be by hand, voice, siren, or red or blue light; provided that the officer giving such signal shall be in police uniform, and, if driving a vehicle, such vehicle shall display illuminated oscillating, rotating or flashing red or blue lights which, when used in conjunction with an audible horn or siren, would indicate the vehicle to be an official police vehicle. Such requirement shall not preclude the use of amber or white oscillating, rotating or flashing lights in conjunction with red or blue oscillating, rotating or flashing lights as required in Section 12-215 of Chapter 12 of the Illinois Vehicle Code (625 ILCS 5/12-215). The owner of record of any vehicle subject to seizure and impoundment under this division shall be liable to the Village for an administrative penalty in the amount of $1,000 plus any applicable fees for the towing and storage of the vehicle.
(B) Whenever a peace officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this section, the peace officer shall provide for the towing of the vehicle to a facility controlled by the Village or its agents. When the vehicle is towed, the peace officer shall notify any 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 hearing pursuant to § 39.14 of this code.
(C) The provisions of § 39.14 shall apply whenever any motor vehicle is seized and impounded pursuant to this section.
(Ord. CO-2021-05, passed 3-16-2021; Am. Ord. CO-2023-24, passed 6-20-2023)