A. Except as provided in subsection B of this section, in any circumstance in which violations of this code, the Illinois vehicle code, 625 Illinois Compiled Statutes 5/1-100 et seq., or the Illinois Compiled Statutes authorize or require the police department to impound a motor vehicle, or in any other circumstance under which the police department may impound a motor vehicle pursuant to this section, the chief of police or his or her designee is authorized and directed to impound the motor vehicle in a location determined by the chief of police or his or her designee. The village may order the towing of any vehicle where authorized under the then current version of 625 Illinois Compiled Statutes 5/11-208.7 (or any successor statute). At the time of approval of this chapter, the list of eligible offenses includes:
Violation or Offense | Statute Reference | |
Violation or Offense | Statute Reference | |
1. | Operation or use of a motor vehicle in the commission of, or the attempt to commit, an offense for which a motor vehicle may be seized and forfeited. | 720 ILCS 36-1 |
2. | Driving under the influence of alcohol, another drug or drugs, an intoxicating compound or compounds, or any combination thereof. | 625 ILCS 5/11-501 |
3. | Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of the cannabis control act. | |
4. | 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. | |
5. | Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of: | |
Unlawful use of weapons | 720 ILCS 5/24-1 | |
Reckless discharge of a firearm | 720 ILCS 5/24-1.5 | |
Unlawful possession of firearms/ammunition | 720 ILCS 5/24-3.1 | |
6. | Driving while a driver's license, permit or privilege is suspended or revoked (unless suspended for an unpaid parking or moving violation or failure to comply with emission testing). | 625 ILCS 5/6-303 |
7. | 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 cannabis control act or the Illinois controlled substances act. | |
8. | Operation or use of a motor vehicle with an expired driver's license, provided that said license is one year or more past expiration. | 625 ILCS 5/6-101 |
9 | Operation or use of a motor vehicle without ever having been issued a driver's license or permit, or operating a motor vehicle without ever having been issued a driver's license or permit due to a person's age. | 625 ILCS 5/6-101 |
10. | Operation or use of a motor vehicle by a person against whom a warrant has been issued by a circuit clerk in Illinois for failing to answer charges that the driver violated: | |
License or permit | 625 ILCS 5/6-101 | |
Driving while license suspended or revoked | 625 ILCS 5/6-303 | |
Driving under the influence | 625 ILCS 5/11-501 | |
11. | Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of article 16 or 16A of the Illinois criminal code of 1961. | |
12. | 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 Illinois criminal code of 1961. | |
13. | Operation or use of a motor vehicle in violation of section 11-503 of this code: (A) While the vehicle is part of a funeral procession; or (B) In a manner that interferes with a funeral procession. | |
B. Notwithstanding the provisions of this section, the police department may not impose an administrative fee under this Chapter if the motor vehicle was stolen or hijacked at the time of the relevant violation and the theft or hijacking was reported to the appropriate law enforcement agency in a timely manner after the theft or hijacking was discovered or reasonably should have been discovered.
C. The police department shall not release, or direct any person to release, any vehicle impounded under this section to any person except to the owner, lessee, lienholder of record or person duly authorized to accept possession of the motor vehicle.
D. Except for motor vehicles reported stolen or hijacked pursuant to subsection B of this section, the owner of an impounded motor vehicle shall be civilly liable to the village for an administrative charge and penalty in the amount not to exceed five hundred dollars ($500.00), and will be responsible for any applicable towing and storage fees. The amount of the administrative charge and penalty imposed pursuant to this section shall constitute a debt due and owing to the village. (Ord. 2012-O-29, 12-3-2012; amd. Ord. 2023-O-18, 10-2-2023)