(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a separate meaning.
CRUISING or TO CRUISE. To operate a motor vehicle, or as a custodian thereof to permit its operation, past a traffic control point more than 3 times in any direction within the restricted cruising area during any 3 hour period.
CUSTODIAN. Any person who is the owner of a motor vehicle, or has custody thereof, and is present at the time of its operation.
DESIGNATED AREAS. As follows:
(a) West border 9th Avenue to east border 1st Avenue and south border Main Street to north border Chicago Avenue;
(b) East border 9th Avenue to west border 21st Avenue and north border St. Charles Road to south border Harrison Street.
ENFORCEMENT PERIOD. The period designated by the Chief of Police or his designee.
RESTRICTED CRUISING AREA. Streets, or portions thereof, designated by the Chief of Police or his designee as a traffic congestion thoroughfare.
TRAFFIC CONTROL POINT. The point or points within the restricted cruising area established by the Maywood Chief of Police for the purpose of monitoring cruising.
(B) Cruising prohibited. It shall be unlawful for any person to cruise in the restricted area during the enforcement period. Signs indicating that cruising is prohibited shall be posted at periodic intervals immediately adjacent to the restricted area. Such signs shall state substantially as follows:
"No cruising from (time to be designated) between (designated) street and (designated) street."
(C) Exemptions. The provisions of this section shall not be applicable to the operator of any municipal, police, fire, emergency vehicle, utility or governmental vehicle when same is being operated in an official capacity. The provisions of this section shall not be applicable to the operation of any licensed public transportation vehicle or any vehicle being utilized for business or commercial purposes.
(D) Penalty. Any person violating this section shall be guilty of a traffic infraction and shall be subject to a fine of up to $500, a separate offense shall be deemed to be committed for each successive trip past a traffic control point after a violation has occurred.
(E) Vehicle seizure and impoundment. A motor vehicle used in violation of this section shall be subject to seizure and impoundment.
(1) 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 Village 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 section. Said vehicle shall be impounded, pending the completion of the hearings provided for below, unless the owner of the vehicle posts with the Village a cash bond in the amount of $500, plus fees for towing and storage of the vehicle.
(2) Whenever the owner of a vehicle seized pursuant to this section makes a written request for a hearing after the seizure, an administrative hearing officer of the Village shall conduct such hearing. All interested persons shall be given a reasonable opportunity to be heard at the hearing. The formal rules of evidence will not apply at the hearing and hearsay evidence shall be admissible. If, after the hearing, the hearing officer determines that there is probable cause to believe that the vehicle was used in the violation of this section, the administrative hearing officer shall order the continued impoundment of the vehicle as provided in this section unless the owner of the vehicle posts with the Village a cash bond in the amount of $500 plus fees for towing and storing the vehicle. If the hearing officer determines that there is no such probable cause, the vehicle will be returned without penalty or other fees.
(3) All interested persons shall be given a reasonable opportunity to be heard at the hearing. If, after the hearing, the hearing officer determines by a preponderance of evidence that the vehicle was used in the commission of any of the violations described in this section, the hearing officer shall enter an order requiring the vehicle to continue to be impounded until the owner pays a penalty of $500 plus fees for towing and storage of the vehicle. The penalty and fees shall be applied to the penalty. If the hearing officer determines that the vehicle was not used in such a violation, he or she shall order the return of the vehicle or cash bond. Notwithstanding any other provision of this section, whenever a person with a lien of record against a vehicle impounded under this section has commenced foreclosure proceedings, possession of the vehicle shall be given to that person if he or she agrees in writing to refund to the Village the net proceeds of any foreclosure sale, less any amount necessary to pay all lienholders of record, up to the total amount of penalties and fees imposed under this section. Any motor vehicle that is not reclaimed within 30 days after the expiration of the time during which the owner of record may seek judicial review of the Village's action under this section, or the time at which a final judgment is rendered in favor of the Village, or the time a final administrative decision is rendered against an owner of record who is in default may be disposed of as an unclaimed vehicle as provided by law.
(Ord. C0-99-20, passed 11-1-1999)