(A) Offenses leading to motor vehicle seizure and impoundment. A motor vehicle used in violation of the statutes hereinafter set forth shall be subject to seizure and impoundment under this section:
(1) Failure to report accident to police authority (ILCS Ch. 625, Act 5, § 11-407).
(2) Any violation of Article IV of the Illinois Controlled Substances Act (ILCS Ch. 720, Act 570).
(3) Driving under the influence (ILCS Ch. 625, Act 5, § 11-501).
(4) Any violation of Article 24 (Deadly Weapon) of the Illinois Criminal Code of 1961, as amended (ILCS Ch. 720, Act 5, §§ 24-1 et seq.).
(5) Driving with a suspended or revoked driver’s license (ILCS Ch. 625, Act 5, § 6-101).
(6) Driving with no valid license, but not in cases where the driver has a valid driver’s license but does not have the license on his or her person (ILCS Ch. 625, Act 5, § 6-303).
(7) Fleeing or attempting to elude a police officer (ILCS Ch. 625, Act 5, § 11-204).
(8) Aggravated fleeing or attempting to elude a police officer (ILCS Ch. 625, Act 5, § 11-204.1).
(9) Reckless driving (ILCS Ch. 625, Act 5, § 11-503).
(10) Any felony for which seizure is authorized under the Illinois Criminal Code of 1961 (ILCS Ch. 720, Act 5, § 36-1).
(11) Leaving the scene of or failing to report an accident with death or injury (ILCS Ch. 625, Act 5, § 11-401).
(12) Leaving the scene of an accident with vehicle damage (ILCS Ch. 625, Act 5, § 11-402).
(13) Failure to give aid or information (ILCS Ch. 625, Act 5, § 11-403).
(14) Failure to give information after striking unattended vehicle or other property (ILCS Ch. 625, Act 5, § 11-404).
(B) Other actions leading to motor vehicle seizure and impoundment. A motor vehicle operated or used while soliciting, possessing, or attempting to solicit or possess cannabis or a controlled substance, as defined by the Cannabis Control Act or the Illinois Controlled Substances Act (ILCS Ch. 625, Act 5, § 11-208.7) shall be subject to seizure and impoundment under this Ordinance.
(C) Officers to impound vehicles. When an officer has probable cause to believe that a motor vehicle is subject to seizure and impound as provided in this subchapter, the officer shall:
(1) Notify the on-duty supervisor, or if no supervisor is on duty, notify the next supervisor that is on duty of the seizure and impoundment and the nature of the offense;
(2) Inventory and provide for the towing of the vehicle to a facility listed on the towing list as provided in § 70.136. If the vehicle is towed to a location not on the City’s towing list, the officer shall notify the person taking possession of the vehicle that it is to be held until the Pinckneyville Police Department authorizes its release;
(3) When practical, the officer shall allow the removal of personal property from the vehicle prior to towing if the property is not needed for evidence, subject to forfeiture or otherwise needed to be maintained by the police. Officers generally will not wait at the scene of any seizure to allow the removal of personal property or the summoning of persons to remove property. Persons under arrest will generally not be allowed to remove property prior to their release; and
(4) Prepare a written police report, notice of seizure (when immediately deliverable) and tow report, when practical, prior to ending his or her shift. The preparation of the police report allows for the conduct of a preliminary hearing, supervisory review and review by the evidence custodian for possible release of personal property. The report shall state whether the vehicle or property contained therein is subject to forfeiture or is to be held for any other reason.
(D) Notice.
(1) Immediately upon seizure of the vehicle pursuant to this subchapter, the Officer shall notify the person who is found to be in control of the vehicle at the time of the alleged violation, if there is such a person, of the fact of the vehicle’s seizure and of the vehicle owner’s right to request a preliminary hearing as provided for this subchapter. When no person is present to receive said notification, officers shall make a reasonable attempt to notify the owner of record.
(2) Within ten days after a vehicle is seized and impounded pursuant to this subchapter, the city shall notify by certified mail, return receipt requested, the owner of record at his or her last known address, as indicated by the vehicle’s registration, of his or her right to request a final hearing before the Hearing Officer to determine whether the subject vehicle is eligible for impoundment pursuant to this section. However, no such notice need be sent to the owner of record if the owner is personally served with the notice within ten days after the vehicle is impounded and the owner acknowledges receipt of the notice in writing.
(3) The written notice as required in division (D)(2) of this section shall state the penalties that may be imposed if no hearing is requested, including that a vehicle not released by payment of the penalty, fees and remaining towing/storage fees may be sold or disposed of by the city in accordance with applicable law.
(E) Administrative fee, release and disposal.
(1) (a) A vehicle impounded under this subchapter shall be released prior to hearing to a person entitled to lawful possession of said vehicle upon payment to the police agency of a fee of $500, plus any and all towing and storage charges.
(b) The penalty set forth in division (E)(1)(a) of this section will be refunded by the city in the event that, upon final hearing as provided in division (G) of this section, the Hearing Officer determines that the vehicle was not used in the commission of a violation as set forth in division (A) of this section or impounded pursuant to division (B) of this section. Under such circumstance, the vehicle shall be released from impoundment to its owner.
(2) Notwithstanding any other provision of this section, whenever a person, corporation, or business entity with a valid lien or valid security interest against a vehicle impounded under this subchapter has commenced foreclosure proceedings, possession of the vehicle shall be given to the person or agent for said entity with a valid lien, to refund to the city the net proceeds of any foreclosure sale, less any amounts necessary to pay all lien holders of record, up to the total amount of penalties and fees imposed under this subchapter.
(3) If a person entitled to lawful possession does not redeem the impounded vehicle within 30 days after the vehicle is impounded or after the Hearing Officer’s written determination, whichever is later, then such vehicle shall be disposed or in accordance with the procedure set forth for disposal of unclaimed or abandoned vehicles as provided by law.
(F) Preliminary hearing.
(1) Whenever the owner of a vehicle seized pursuant to this subchapter requests in writing, within 12 hours after the seizure, and hand delivered to the Pinckneyville Police Department, 104 S. Walnut Street, Pinckneyville, Illinois, a preliminary hearing on probable cause, a Hearing Officer appointed by the city shall conduct at the Pinckneyville City Hall, such preliminary hearing within 72 hours of the seizure, excluding Saturdays, Sundays and holidays.
(2) All interested persons shall be given a reasonable opportunity to be heard at the preliminary hearing. The formal Rules of Evidence will not apply at the hearing and hearsay evidence shall be admissible.
(3) If, after the hearing, the Hearing Officer determines that there is probable cause to believe that the vehicle was used in the commission of any crime or violation described in division (A) or (B) of this section, the Hearing Officer shall order the continued impoundment of the vehicle as provided in this section unless the owner of the vehicle posts with the city a cash bond of $500 plus fees for towing and storing of the vehicle as provided in division (E)(1) of this section. If the Hearing Officer determines that there is no such probable cause, the vehicle will be returned without penalty or other fees.
(4) For purposes of this section, the Hearing Officer shall be a licensed attorney who is not an employee of the City of Pinckneyville.
(G) Final hearing.
(1) The owner of record seeking a hearing must file a written request for a hearing with the Chief of Police of the City of Pinckneyville, at the Pinckneyville City Hall, 104 S. Walnut Street, Pinckneyville, Illinois, no later than 15 days after the notice was mailed or otherwise given under division (D) of this section.
(2) The hearing shall be scheduled and held, unless continued for good cause by order of the Hearing Officer, not later than 45 days after the request for a hearing has been filed.
(3) All interested persons shall be given a reasonable opportunity to be heard at the hearing. The formal Rules of Evidence will not apply at the hearing and hearsay evidence shall be admissible.
(4) If after the hearing, the Hearing Officer determines by a preponderance of the evidence that the vehicle was used in the commission of any crime or violation described in division (A) or(B) of this section, the Hearing Officer shall enter an order requiring the vehicle to continue to be impounded until the owner pays a penalty of $500 plus fees for towing and storage of the vehicle as provided in division (E)(1)(a) of this section. The penalty and fees shall be a debt due and owing the city. However, if a cash bond has been posted, the bond shall be applied to the penalty. If the Hearing Officer determines that the vehicle was not used in commission of such a violation, he or she shall order the return of the vehicle or cash bond as provided in division (E)(1)(b) of this section.
(5) For purposes of this section, the Hearing Officer shall be a licensed attorney who is not an employee of the City of Pinckneyville.
(Ord. O-2017-07, passed 3-17-17)