(A) A motor vehicle that contains any controlled substance, excluding cannabis, as defined in the Illinois Controlled Substances Act (720 ILCS 570/100 et seq.), or that is used in the purchase, attempt to purchase, sale, or attempt to sell such controlled substances shall be subject to seizure and impoundment pursuant to this division. In addition, the owner of record of any such vehicle shall be liable to the Village for an administrative penalty of $1,500 plus any applicable towing and storage fees. This division 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; if the vehicle was operating as a common carrier and the violation occurred without the knowledge of the person in control of the vehicle; or if the owner proves that the presence of the controlled substance was authorized under the Illinois Controlled Substances Act. For purposes of this division, “controlled substance” shall be defined as in the Illinois Controlled Substances Act (720 ILCS 570/100 et seq.)
(B) A motor vehicle that contains any cannabis in excess of the possession limit permitted by state law, as defined in the Cannabis Control Act (720 ILCS 550/1 et seq.), and the Cannabis Regulation and Tax Act (410 ILCS 705/1 et seq.), shall be subject to seizure and impoundment pursuant to this division. The possession of any amount of cannabis, even within the possession limits permitted by state law, subjects a motor vehicle to seizure and impoundment if the cannabis is not in a reasonably secured, sealed container or is reasonably accessible while the vehicle is moving. 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 division 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; if the vehicle was operating as a common carrier and the violation occurred without the knowledge of the person in control of the vehicle; or if the owner proves that the presence of the cannabis was authorized under the Cannabis Control Act, or the Cannabis Regulation and Tax Act. For purposes of this division, "cannabis" shall be defined as in the Cannabis Control Act (720 ILCS 550/1 et seq.)
(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 Village or its agents. When the vehicle is towed, the police 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.
(D) The provisions of § 39.14 shall apply whenever any motor vehicle is seized and impounded pursuant to this section.
(Ord. C0-04-8, passed 3-1-2004; Am. Ord. C0- 06-09, passed 4-18-2006; Am. Ord. CO-2020-20, passed 6-2-2020; Am. Ord. CO-2020-21, passed 7-14-2020)