(A) (1) Violations authorizing impoundment. A motor vehicle, operated with the permission, express or implied, of the owner of record, that is used in connection with the following violations, shall be subject to tow and impoundment by the village, and the owner of record of said vehicle shall be liable to the village for an administrative penalty in addition to any towing and storage fees, as hereinafter provided.
(2) Offenses.
(a) Operation or use of a motor vehicle in the commission or attempted commission of any offense for which a motor vehicle may be seized and forfeited pursuant to ILCS Ch. 720, Act 5, §§ 36-1 et seq., which, in addition to any other penalty provided by law, shall subject the owner of the motor vehicle to an administrative penalty of $750; and
(b) Operation or use of a motor vehicle in connection with the commission or attempted commission of an act in violation of any federal or state criminal law or Title VII of this code of ordinances and which, in addition to any other penalty provided by law, shall subject the owner of the motor vehicle to an administrative penalty of $750.
(B) General regulations.
(1) This section shall not replace or otherwise abrogate any existing state or federal laws, and the owner shall be subject to these penalties in addition to any penalties that may be assessed by a court for any criminal charges.
(2) 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.
(3) Fees for towing and storage of a vehicle under this section shall be those approved by the Chief of Police for all tow companies authorized to tow for the Police Department.
(C) Notice. Whenever a police officer has probable cause to believe that a vehicle is subject to tow and impoundment pursuant to this section, the police officer shall provide for the towing of the vehicle to a facility authorized by the village. Before or at the time the vehicle is towed, the police officer shall notify any person identifying himself as the owner of the vehicle, or any person who is found to be in control of the vehicle at the time for the alleged violation, of the fact of the seizure, and of the vehicle and of the owner’s right to request a preliminary vehicle impoundment hearing to be conducted under division (D) of this section. Said vehicle shall be impounded pending the completion of the hearings provided for in division (D) of this section, unless the owner of the vehicle posts with the village a cash bond in the amount of $750 and pays the accrued towing and storage charges.
(D) Preliminary hearing. If the owner of record of a vehicle seized pursuant to this section desires to appeal the seizure, said owner must make a request for hearing within 24 hours of the seizure. Said request shall be in writing and filed with the Chief of Police, or his or her designee, who shall conduct such preliminary hearing within 24 hours after receipt of the request, excluding Saturdays, Sundays, or village holidays. All interested persons shall be given a reasonable opportunity to be heard at the preliminary vehicle impoundment hearing. The formal rules of evidence will not apply at the hearing, and hearsay evidence shall be admissible only if it is the type commonly relied upon by reasonably prudent persons in the conduct of their affairs. If after the hearing, the Chief of Police, or his or her designee, determines there is probable cause to believe that the vehicle is subject to seizure and impoundment pursuant to this section, he or she 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 $750 and pays the tower any applicable towing and storage fees. If the Chief of Police, or his or her designee, determines that there is no such probable cause, the vehicle will be returned without penalty or other fees.
(E) Hearing.
(1) Within ten days after a vehicle is seized and impounded pursuant to this section, the village shall notify by certified mail, return receipt requested, the owner of record of the date, time, and location of a plea hearing that will be conducted, pursuant to this section. The owner will appear at a plea hearing and enter a plea of guilty or not guilty. If a plea of guilty is entered, the cause will be disposed of at that time. If the owner pleads not guilty, a hearing shall be scheduled and held, unless continued by a hearing officer, designated by the Village Administrator, no later than 45 days after the vehicle was seized. All interested persons shall be given a reasonable opportunity to be heard at the hearing. At any time prior to the hearing date, the hearing officer may, at the request of either party, direct witnesses to appear and give testimony at the hearing. The formal rules of evidence will not apply at the hearing, and hearsay evidence shall be admissible only if it is the type commonly relied upon by reasonably prudent persons in the conduct of their affairs.
(2) If, after the hearing, the hearing officer determines by a preponderance of evidence that the vehicle was used in connection with a violation set forth in this section, the hearing officer shall enter an order finding the owner of record of the vehicle civilly liable to the village for an administrative penalty in the amount of $750, and requiring the vehicle to continue to be impounded until the owner pays the administrative penalty to the village, plus fees to the tower for the towing and storage of the vehicle. If the owner of record fails to appear at the hearing, the hearing officer shall enter a default order in favor of the village. If the hearing officer finds no such violation occurred, the hearing officer shall order the immediate return of the owner’s vehicle or cash bond without fees.
(F) Administrative penalty. If an administrative penalty is imposed pursuant to this section, such penalty shall constitute a debt due and owing the village. If a cash bond has been posted pursuant to this section the bond shall be applied to the penalty. If a vehicle has been impounded when such a penalty is imposed, the village may seek to obtain a judgment on the debt and enforce such judgment against the vehicles as provided by law. Except as provided otherwise in this section, a vehicle shall continue to be impounded until the penalty is paid to the village and any applicable towing fees are paid to the tower, in which case possession of the vehicle shall be given to the person who is legally entitled to possess the vehicle or the vehicle is sold or otherwise disposed of to satisfy a judgment to enforce a lien as provided by law. If the administrative penalty and applicable fees are not paid within 30 days after an administrative penalty is imposed against an owner of record who defaults by failing to appear at the hearing, the vehicle shall be deemed unclaimed and shall be disposed of in the manner provided by law for the disposition of unclaimed vehicles. In all other cases, if the administrative penalty and applicable fee are not paid within 30 days after the expiration of time at which administrative review of the hearing officer’s determination may be sought, or within 30 days after an action seeking administrative review has been resolved in favor of the village, whichever is applicable, the vehicle shall be deemed unclaimed and shall be disposed of in the manner provide by law for the disposition of unclaimed vehicles under the Illinois Vehicle Code.
(G) Vehicle possession.
(1) Except as otherwise specifically provided by law, no owner, lien holder, or other person shall be legally entitled to take possession of a vehicle impounded under this section until the administrative penalty and fees applicable under this section have been paid. However, whenever a person with a lien of record against an impounded vehicle has commenced foreclosure proceedings, possession of the vehicle shall be given to that person if he or she agrees in writing to refund the village the amount of the net proceeds of any foreclosure sale, less any amounts required to pay all lien holders of record, not to exceed the administrative penalty, plus the applicable fees.
(2) For purposes of this section, the “owner of record” of a vehicle is the record title holder as registered with the Secretary of State of the State of Illinois.
(H) Administrative review. Any owner, lien holder or other person with a legal interest in the vehicle, who is not satisfied with the decision of the hearing officer, shall have the right to appeal the decision to the Circuit Court, pursuant to the Administrative Review Act, as set forth fully in ILCS Ch. 735, Act 5, §§ 3-101 et seq.
(Ord. 2000-21, passed 11-1-00; Am. Ord. 2006-023, passed 9-20-06; Am. Ord. 2006-027, passed 10-18-06; Am. Ord. 2008-004, passed 3-5-08; Am. Ord. 2015-003, passed 3-18-15)