(A) A motor vehicle, operated with the permission, express or implied, of the owner of record of that motor vehicle, that is used in connection with the following violations, shall be liable to the city for an administrative penalty in an amount not to exceed $500, in addition to any towing and storage fees as hereinafter provided:
(1) Driving while the driver’s license, permit or privilege to operate a motor vehicle is suspended or revoked, in violation of § 6-303 of the Illinois Vehicle Code (ILCS Ch. 625, Act 5, § 6-303), as amended, pursuant to Illinois Secretary of State action, or a similar provision of local ordinance; except that vehicles shall not be subjected to seizure or impoundment if the suspension is for an unpaid citation (parking or moving) or due to failure to comply with emission testing;
(2) Operation or use of a motor vehicle by a person against whom a warrant has been issued by a circuit clerk in Illinois for failure to answer charges that the driver violated ILCS Ch. 625, Act, 5, §§ 6-101, 6-303, or 11-501 or similar provision of local ordinance;
(3) Driving under the influence of alcohol, drugs or intoxicating compounds, or any combination thereof, in violation of § 11-501 of the Illinois Vehicle Code (ILCS Ch. 625, Act 5, § 11-501), as amended, or a similar provision of local ordinance;
(4) A violation of ILCS Ch. 625, Act 5, § 11-502, where the driver of a motor vehicle is under the age of 21 (Illegal Transportation of Alcohol Within a Motor Vehicle) and § 112.39(C) of the Peotone Village Code (Underage Possession or Consumption of Alcohol);
(5) Operating a motor vehicle without having ever been issued a driver’s license or permit, in violation of § 6-101 of the Illinois Vehicle Code (ILCS Ch. 625, Act 5, § 6-101), as amended, or operating a motor vehicle without ever having been issued a driver’s license or permit due to a person’s age, or a similar provision of local ordinance;
(6) Operation or use of a motor vehicle in the commission of, or in the attempt to commit, any other misdemeanor or felony offense in violation of the Criminal Code of 1961, or when so provided by local ordinance;
(7) A violation of ILCS Ch. 625, Act 5, § 11-204, fleeing or attempting to elude a peace officer; ILCS Ch. 625, Act 5, § 11-501, driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof; ILCS Ch. 625, Act 5, § 11-503, reckless driving or aggravated reckless driving; or ILCS Ch. 625, Act 5, § 11-601.5, driving 30 miles an hour or more in excess of applicable limit, of the Vehicle Code, or similar provision of local ordinance;
(8) Operation or use of a motor vehicle in violation of ILCS Ch. 720, Act 550, § 4, possession of less than two and one-half grams of any substance containing cannabis;
(9) Operation or use of a motor vehicle in violation of ILCS Ch. 720, Act 600, § 3.5, possession of drug paraphernalia, of the Drug Paraphernalia Control Act, or similar provision of local ordinance;
(10) Operation or use of a motor vehicle in the commission of, or in the attempt to commit, a felony or in violation of the Illinois Cannabis Control Act, as amended;
(11) 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, as amended;
(12) Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of § 24-1 (unlawful use of weapons), § 24-1.5 (reckless discharge of firearms), or § 24-3.1 (unlawful possession of firearms and firearm ammunition) of the Illinois Criminal Code of 1961 (ILCS Ch. 720, Act 5, §§ 24-1, 24-1.5, or 24-3.1), as amended, or a similar provision of local ordinance;
(13) 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 Illinois Cannabis Control Act or the Illinois Controlled Substances Act, as amended, or a similar provision of local ordinance;
(14) Operation or use of a motor vehicle with an expired driver’s license, in violation of § 6-101 of the Illinois Vehicle Code (ILCS Ch. 625, Act, 5, § 6-101), as amended, or a similar provision of local ordinance, if the period of expiration is greater than one year;
(15) Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of Article 16 (theft and related offenses) or 16A (retail theft) of the Illinois Criminal Code of 1961 (ILCS 720, Act 5, §§ 16 et seq, and 16A et seq.), as amended, or a similar provision of local ordinance;
(B) The applicability of this section and the fees for towing and storing a vehicle under this section shall be as follows:
(1) This section shall not replace or otherwise abrogate any existing state or federal laws or village ordinances pertaining to vehicle seizure and impoundment, and these penalties shall be in addition to any penalties that may be assessed by a court for any criminal damages.
(2) This section shall not apply if the motor vehicle used in the violation was stolen at that time and the theft was reported to the appropriate police authorities within 24 hours after the theft was discovered, or upon verifiable proof that the vehicle was stolen at the time the vehicle was impounded.
(3) Fees for towing and storage of a motor vehicle under this section shall not exceed those approved by the Chief of Police for all towers authorized to tow motor vehicles for the Police Department.
(C) A motor vehicle that is used in the violation of division (A) of this section shall be subject to impoundment under this section. The owner of record of such vehicle shall be liable to the city for a penalty of $500 in addition to fees for the towing and storage of the vehicle. For the purposes of this section, the OWNER OF RECORD of a motor vehicle is the record titleholder as registered with the Secretary of State.
(1) Whenever a police officer has cause to believe that a motor vehicle is subject to impoundment pursuant to this section, the police officer shall provide for the towing of the motor vehicle to a facility controlled by the city or its agents. When the motor vehicle is towed, the police officer shall notify or make reasonable attempt to notify the owner, lessee, or person identifying himself or herself as the owner or lessee of the vehicle, or any the person who is found to be in control of the motor vehicle at the time of the alleged violations, if there is such a person, of the fact of the impoundment and of the motor vehicle owner’s or lessee’s right to an administrative hearing. The police officer 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 lienholder posts a cash bond in the amount of $300 plus fees for towing and storing the motor vehicle.
(2) All interested persons shall be given a reasonable opportunity to be heard at the administrative hearing. The formal rules of evidence will not apply at the administrative hearing. If, after the administrative hearing, the corporation counsel, or his or her designee, determines that there is cause to believe that the motor vehicle was used in the violation of division (A) of this section, he or she shall order the continued impoundment of the motor vehicle, as provided in this section, unless the owner of the vehicle posts with the city a cash bond in the amount of $500 plus fees for towing and storing the motor vehicle. If the corporation counsel, or his or her designee, determines that there is no such cause, the motor vehicle will be returned without penalty or other fees.
(3) Within ten days after a motor vehicle is impounded pursuant to this section, the city shall notify, by personal service or first class mail, the owner of record or lessee of the vehicle, and any lienholder of record, of the date, time and location of an administrative hearing that will be conducted pursuant to this section. The hearing shall be scheduled and held, unless continued by order of the court or hearing officer, not more than 45 days after the date of mailing or personal service. All interested persons shall be given a reasonable opportunity to be heard at the hearing. The administrative hearing shall be conducted by a hearing officer who is an attorney licensed to practice law in Illinois for a minimum of three years. At the conclusion of the hearing, the hearing officer shall issue a written decision either sustaining or overruling the vehicle impoundment. If after a hearing, it is determined that the motor vehicle was used in the commission of any of the violations described in division (A) of this section, the motor vehicle shall continue to be impounded until the owner pays a penalty of $500 plus fees for towing and storage of the motor vehicle. The penalty and fees shall be a debt due and owing the village. However, if a cash bond has been posted, the bond shall be applied to the penalty. If it is determined at a administrative hearing that the motor vehicle was not used in such a violation, the vehicle or cash bond shall be returned without penalty or other fees. All final decisions of the administrative hearing officer shall be subject to review under the provisions of the Illinois Administrative Review Law. Unless the administrative hearing officer overturns the basis for the vehicle impoundment, no vehicle shall be released to the owner, lessee, or lienholder of record until all administrative penalties and towing and storage charges are paid. Notwithstanding any other provision of this section, whenever a person with a lien of record against a motor vehicle impounded under this section has commenced foreclosure proceedings, possession of the motor vehicle shall be given to that person if he or she agrees in writing to refund to the city the net proceeds of any foreclosure sale, less any amount necessary to pay all lienholders of record, up to the total amount of fees and penalties imposed under this section.
(4) Any motor vehicle that is not reclaimed within 35 days after the expiration of the time during which the owner of record may seek judicial review of the city's action under this section, or the time at which a final judgment is rendered in favor of the city, or the time a final administrative decision is rendered against an owner of record who is in default, shall be deemed abandoned and may be disposed of as an abandoned or unclaimed motor vehicle as provided by law in accordance with the provisions of Article II of Chapter 4 of the Illinois Vehicle Code (ILCS Ch. 625, Act 5, §§ 4-201 et seq.), as amended.
(Ord. 12-21, passed 10-22-12; Am. Ord. 17-27, passed 3-12-18)