(A) (1) The owner of record of any motor vehicle shall be liable to the city for an administrative penalty in the amount of $500, plus any applicable towing and storage feeds payable to a towing agent. Whenever any such motor vehicle is used in the commission of any of the following offenses:
(a) The knowing possession not less than ten grams of cannabis as provided in Section 4 of the Cannabis Control Act (ILCS Ch. 720, Act 550, § 4) or the knowing possession of a controlled substance as provided in Section 402 of the Illinois Controlled Substance Act (ILCS Ch. 720, Act 570, § 402).
(b) Driving under the influence of alcohol, drugs and/or intoxicating compounds as provided in Section 11-501 of the Illinois Vehicle Code (ILCS Ch. 625, Act 5, § 11-501).
(c) Driving on a suspended or revoked license as defined in Section 5/6-303 of the Illinois Vehicle Code (ILCS Ch. 625, Act 5, § 6-303).
(d) Driving without a valid driver’s license or permit as provided in Section 5/6-101 of the Illinois Vehicle Code (ILCS Ch. 625, Act 5, § 6-101). The only exception to this provision shall be if the driver has a valid graduated driver’s license as defined in Section 5/6-107 of the Illinois Vehicle Code (ILCS Ch. 625, Act 5, § 6-107).
(e) Any motor vehicle used with the knowledge and consent of the owner in the commission of or in the attempt to commit one or more of the following as provided in ILCS Ch. 720, Act 5, § 36-1(a)(1): sexual assault, sexual abuse, indecent solicitation of a child, solicitation to meet a child, traveling to meet a minor, possession of child pornography, residential burglary, burglary, attempted fleeing and eluding, and/or aggravated attempted fleeing and eluding.
(2) Any motor vehicle used in the commission of any such violation shall be subject to seizure and impounded as provided in this chapter.
(B) For purposes of this section, a motor vehicle is not considered to have been used in a violation that would render such motor vehicle eligible for seizure and impoundment if:
(1) The motor vehicle used in the violation was stolen at the time and the theft was reported to the appropriate police authorities with 24 hours after the theft was discovered or reasonably should have been discovered;
(2) The motor vehicle was operating as a common carrier and the violation occurred without the knowledge of the person in control of the motor vehicle; and
(3) The alleged owner of record provides adequate proof that the motor vehicle had been sold to another person prior to the violation.
(Ord. 09-29, passed 8-10-09; Am. Ord. 10-02, passed 2-8-10; Am. Ord. 22-16, passed 10-11-22)