The following shall apply when any underage person is found in the city operating any motor vehicle in which or on which is found any alcoholic beverage of any kind or nature, or when the underage person is in a state of impairment due to the consumption of alcohol: (Ord. O-41-93, 12-6-1993)
A. The motor vehicle shall be subject to immediate impoundment by the city police department. (Ord. O-41-93, 12-6-1993; amd. Ord. O-06-2014, 3-3-2014)
B. The motor vehicle may be released only to another person showing proof of ownership or lease rights to the motor vehicle:
1. If the underage operator is the owner or lessor of the vehicle, then the vehicle may be released only to a parent or legal guardian of the underage owner.
C. The motor vehicle may not be released to any person who was a passenger in the motor vehicle at the time the alcoholic beverage was found unless at least twenty four (24) hours have passed from the time of the finding. (Ord. O-41-93, 12-6-1993)
D. The vehicle shall not be released until the person seeking the release has paid an administrative fee of two hundred fifty dollars ($250.00) to the city police department, plus any towing or storage costs. (Ord. O-41-93, 12-6-1993; amd. Ord. O-06-2014, 3-3-2014)
E. If the operator is subsequently found guilty of driving with open alcohol in a motor vehicle or possession of alcohol by a minor or of operating a motor vehicle while impaired pursuant to section 3-3-6-10 of this chapter, that person shall be subject to a mandatory loss of driving privileges for six (6) months within the city and any other Illinois municipality or municipalities which have, by appropriate action, recognized loss of driving privilege reciprocity for such violations.
F. The following factors shall not be considerations in determining whether or not to impound the motor vehicle:
1. Whether the alcoholic beverage is in an opened or an unopened container;
2. Whether the operator is the owner of the alcoholic beverage or the vehicle;
3. Whether the operator had knowledge of the existence of the alcoholic beverage within the motor vehicle.
G. The above obligations and penalties shall be in addition to the penalties that may be assessed in a court of law for any charges incident to the stop. (Ord. O-41-93, 12-6-1993)
H. Any law enforcement officer, the city police department and any of its officers or agents shall be absolutely immune from any liability or exposure to liability of any kind or nature for the enforcement or implementation of this section. (Ord. O-41-93, 12-6-1993; amd. Ord. O-06-2014, 3-3-2014)