A. A motor vehicle that is used in connection with the following violations shall be subject to tow and impoundment by the city, and the owner of said vehicle, or the agents of that owner, shall be liable to the city for an administrative fee in addition to any towing and storage fees:
1. Operation or use of a motor vehicle in the commission of, or in the attempt to commit any offense for which a motor vehicle may be seized and forfeited pursuant to section 36-1 of the Illinois criminal code (720 ILCS 5/36-1) shall subject the owner to an administrative fee of five hundred dollars ($500.00).
2. Driving under the influence of alcohol or other drug, or intoxicating compounds shall subject the owner to an administrative fee of five hundred dollars ($500.00).
3. Operation or use of a motor vehicle in the commission of, or in the attempt to commit a felony shall subject the owner to an administrative fee of five hundred dollars ($500.00).
4. Operation or use of a motor vehicle in the commission of, or in the attempt to commit an offense in violation of 720 Illinois Compiled Statutes 5/24-1, 5/24-1.5, or 5/24-3.1 shall subject the owner to an administrative fee of five hundred dollars ($500.00).
5. 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 (720 ILCS 570/100 et seq.) shall subject the owner to an administrative fee of five hundred dollars ($500.00).
6. Driving without a state issued driver's license, or driving while driver's license, permit or privileges to operate a motor vehicle are suspended or revoked pursuant to section 6-303 of the Illinois vehicle code (625 ILCS 5/6-303) shall subject the owner to an administrative fee of five hundred dollars ($500.00); except that vehicles shall not be subject to seizure impoundment if suspension is for an unpaid citation (moving or parking) or due to failure to comply with emission testing.
7. When any vehicle is used in possession or delivery of a controlled substance as defined and included in the schedules of article II of the Illinois Controlled Substance Act, 720 ILCS 570/101 et seq., of cannabis over ten (10) grams as defined in the Cannabis Control Act, 720 ILCS 550/1 et seq., and in violation of the Illinois Cannabis Regulation and Tax Act, or drug paraphernalia when possessed with the intent to introduce a controlled substance into the human body as defined in the Drug Paraphernalia Control Act, 720 ILCS 600/2 et seq., unless possessed in conjunction with cannabis as permitted by the Illinois Cannabis Regulation and Tax Act, the owner shall be subject to an administrative fee of five hundred dollars ($500.00).
8. Operation or use of a motor vehicle with an expired driver's license, in violation of section 6-101 of the Illinois vehicle code (625 ILCS 5/6-101), where the period of expiration is greater than one year shall subject the owner to an administrative fee of five hundred dollars ($500.00).
9. Operation or use of a motor vehicle without ever having been issued a driver's license or permit, in violation of section 6-101 of the Illinois vehicle code (625 ILCS 5/6-101), or operating a motor vehicle without ever having been issued a driver's license or permit due to a person's age shall subject the owner to an administrative fee of five hundred dollars ($500.00).
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 section 6-101 of the Illinois vehicle code (625 ILCS 5/6-101), section 6-303 of the Illinois vehicle code (625 ILCS 5/6-303), or section 11-501 of the Illinois vehicle code (625 ILCS 5/11-501) shall subject the owner to an administrative fee of five hundred dollars ($500.00).
11. Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of section 16-25 of the Illinois criminal code (720 ILCS 5/16-25) shall subject the owner to an administrative fee of five hundred dollars ($500.00).
12. Operation or use of a motor vehicle in the commission of, or in the attempt to commit, any misdemeanor or felony offense in violation of the Illinois criminal code (720 ILCS 5/1 et seq.) shall subject the owner to an administrative fee of five hundred dollars ($500.00).
B. The administrative fee under this section shall be waived upon verifiable proof that the vehicle was stolen at the time the vehicle was impounded. (Ord. 0-12-11, 4-9-2012; amd. Ord. O-20-06, 3-9-2020)