(A) A motor vehicle used to commit the offense of dumping of garbage upon real property in violation of section 47-15(a) of the Criminal Code of 2012 (720 ILCS 5/37-15(a)) is subject to seizure and impoundment. The offense of dumping of garbage upon real property is committed by any driver or operator of a motor vehicle who dumps, deposits, or places garbage, rubbish, trash, or refuse upon any street or public place or upon any public or private real property not owned by that person without the consent of the owner or person in possession of the real property, except at any dump site which may be authorized by the Board of Trustees.
(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 of 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. In addition, the owner of record of any such vehicle shall be liable to the village for an administrative penalty of $500 plus any applicable towing and storage fees. This section shall not apply if 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; or if the vehicle was operating as a common carrier and the violation occurred without the knowledge of the person in control of the vehicle.
(C) The provisions of § 39.14 shall apply whenever any motor vehicle is seized and impounded pursuant to this section.
(Ord. CO-2023-14, passed 4-18-2023)
Cross-reference:
Garbage and refuse, see § 92.28