(A) Redemption of vehicle.
(1) Before the owner or person entitled to possession of any vehicle impounded associated with the investigation, arrest, and detention of an offender, or the removal, impoundment, storage, and release of the vehicle for any of the following offenses, as defined by the State of Illinois, a fee of $200 per vehicle shall be payable to the village.
(a) Operation or use of a motor vehicle in the commission of, or in the attempt to commit, any misdemeanor in violation of the Criminal Code of 2012 (ILCS Ch. 720, Act 5).
(b) Driving while a driver's license, permit, or privilege to operate a motor vehicle is suspended or revoked pursuant to ILCS Ch. 625, Act 5, § 6-303; except that vehicle shall not be subject to seizure or impoundment if the suspension is for an unpaid citation (parking or moving) or due to failure to comply with emission testing.
(c) Operation or use of a motor vehicle with an expired driver’s license, in violation of ILCS Ch. 625, Act 5, § 6-101, if the period of expiration is greater than one year.
(d) Operation or use of a motor vehicle without ever having been issued a driver's license or permit, in violation of ILCS Ch. 625, Act 5, § 6-101, or operating a motor vehicle without ever having been issued a driver's license or permit due to a person's age.
(e) Operation or use of a motor vehicle by a person against whom a warrant has been used by a circuit clerk in Illinois for failing to answer charges that the driver violated ILCS Ch. 625, Act 5, §§ 6-101, 6-303, or 11-501.
(f) Driving under the influence of alcohol, another drug or drugs, an intoxicating compound or compounds, or any combination thereof, in violation of ILCS Ch. 625, Act 5, § 11-501.
(2) Before the owner or person entitled to possession of any vehicle impounded associated with the investigation, arrest, and detention of an offender, or the removal, impoundment, storage, and release of the vehicle for any of the following offenses, as defined by the State of Illinois, a fee of $400 per vehicle shall be payable to the village.
(a) Operation or use of a motor vehicle in the commission of, or in the attempt to commit, any felony in violation of the Criminal Code of 2012 (ILCS Ch. 720, Act 5).
(b) Operation of or use of a motor vehicle in the commission of, or in the attempt to commit, a violation of the Cannabis Control Act (ILCS Ch. 720, Act 550).
(c) Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of the Illinois Controlled Substances Act (ILCS Ch. 720, Act 570).
(d) Operation or use of a motor vehicle while soliciting, possessing, or attempting to solicit or possess cannabis or a controlled substance, as defined by the Cannabis Control Act (ILCS Ch. 720, Act 550) or the Illinois Controlled Substances Act (ILCS Ch. 720, Act 570).
(3) For all other vehicles towed by the Police Department, for any reason other than the above listed offenses in divisions (A)(1) and (A)(2) of this section, a tow release will be issued by the Police Department free of charge.
(4) All administrative fees and towing and storage charges shall be imposed on the registered owner of the motor vehicle or the agents of that owner.
(5) The fees shall be in addition to any other penalties that may be assessed by a court of law for the underlying violations; and any towing or storage fees, or both charged by the towing company.
(6) The fees shall be collected by and paid to the village.
(7) The towing or storage fees, or both, shall be collected by and paid to the person, firm, or entity that tows and stores the impounded vehicle.
(8) Whenever a police officer has cause to believe that a motor vehicle is subject to impoundment, the officer shall provide for the towing of the vehicle to a facility authorized by the municipality.
(9) At the time the vehicle is towed, the Police Department, shall notify or make a reasonable attempt to notify the owner, lessee, or person identifying himself or herself as the owner or lessee of the vehicle, or any person who is found to be in control of the vehicle at the time of the alleged offense, of the fact of the seizure, and of the vehicle owner's or lessee's right to an administrative hearing.
(10) The Police Department shall also provide notice that the motor vehicle will remain impounded pending the completion of an administrative hearing, unless the owner or lessee of the vehicle or a lienholder posts with the city a bond equal to the administrative fee as provided by ordinance and pays for all towing and storage charges.
(11) The registered owner or lessee of the vehicle and any lienholder of record shall be provided with a notice of hearing which shall:
(a) Be served upon the owner, lessee, and any lienholder of record either by personal service or by first class mail to the interested parties' addresses as registered with the Secretary of State;
(b) Be served upon interested parties within ten days after a vehicle is impounded by the city;
(c) Contain the date, time, and location of the administrative hearing. An initial hearing shall be scheduled and convened no later than 45 days after the date of the mailing of the notice of hearing by the city; and
(d) Notify owner or any interested party that administrative hearing must be requested within 15 days of mailing of the notice. Failure to make a request will result in a waiver of the hearing and forfeiture of any bond posted.
(12) The administrative hearing shall be held according to the following requirements:
(a) Formal or technical rules of evidence shall not apply;
(b) The hearing shall be recorded;
(c) Shall be conducted by a hearing officer who is an attorney licensed to practice law in the State of Illinois for a minimum of three years;
(d) Hearing officer shall be empowered to administer oaths and to secure by subpoena both the attendance and testimony of witnesses and the production of relevant books and papers;
(e) Persons appearing at a healing may be represented by counsel at their expense;
(f) At the conclusion of the administrative hearing, the hearing officer shall issue a written decision either sustaining or overruling the vehicle impoundment;
(g) If the basis for the vehicle impoundment is sustained by the administrative hearing officer, any administrative fee posted to secure the release of the vehicle shall be forfeited to the city; and
(h) All final decisions of the administrative hearing officer shall be subject to review under the provisions of the Administrative Review Law.
(13) Vehicles not retrieved from the towing facility or storage facility within 35 days after the administrative hearing officer issues a written decision shall be deemed abandoned and disposed of in accordance with the provisions of ILCS Ch. 625, Act 5, § 4 Article II.
(14) It shall be the duty of the towing or storage company in possession of the vehicle to obtain documentation issued by the Police Department confirming compliance with the foregoing requirements and to retain photocopies of that documentation in their files for a period of not less than six months following release of the vehicle. The foregoing information shall be made available to the authorities of the village for inspection and copying, upon their request, by the towing or storage company. The towing or storage company is prohibited from releasing any vehicle they may tow within the village until and unless they obtain the documentation as aforesaid.
(15) Unless stayed by a court of competent jurisdiction, any fine, penalty, or administrative fee imposed under this section which remains unpaid in whole or in part after the expiration of the deadline for seeking judicial review under the Administrative Review Law may be enforced in the same manner as a judgment entered by a court of competent jurisdiction.
(B) Department administrative tow fee waiver. The owner or person entitled to possession of any vehicle impounded for offenses identified in division (A)(1) and (A)(2) of this section may request a waiver of the assessed administrative department fee for a financial hardship, urgent medical necessity for ongoing care or primary transportation for children less than 12 years to the Chief of Police. The Chief of Police shall be responsible for reviewing the waiver request and considering all relevant information before rendering a decision. The Chief of Police's decision shall be final.
(Ord. 1112, passed 8-5-13)