A. A motor vehicle that is used in connection with any of the following violations shall be subject to seizure and impoundment by the Village, and the owner of record of the vehicle, or the agents of that owner, shall be liable to the Village for administrative fees of seven hundred and fifty dollars ($750.00), plus any applicable towing and storage charges:
1. Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense for which a motor vehicle may be seized and forfeited pursuant to Section 36-1 of the Criminal Code of 2012, 720 ILCS 5/36-1, and any amendments thereof, which includes, but is not limited to: first degree murder, involuntary manslaughter and reckless homicide, aggravated kidnaping, criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, aggravated criminal sexual abuse, indecent solicitation of a child, child pornography, aggravated battery, stalking, aggravated stalking, retail theft, armed robbery, burglary, possession of burglary tools, residential burglary, arson, possession of explosives or explosive or incendiary devices, unlawful use of weapons, aggravated discharge of a firearm, reckless discharge of a firearm, gambling, or possession of a deadly substance; or
2. Driving under the influence of alcohol, another drug or drugs, an intoxicating compound or compounds, or any combination thereof, in violation of Section 11-501 of the IVC; or
3. Operation or use of a motor vehicle in the commission of, or in the attempt to commit, a felony or in violation of the Cannabis Control Act, 720 ILCS 550/1, et seq., and any amendments thereof; or
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, 720 ILCS 570/101, et seq., and any amendments thereof; or
5. Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of 720 ILCS 5/24-1 (unlawful use of weapons), 720 ILCS 5/24-1.5 (reckless discharge of a firearm), or 720 ILCS 5/24-3.1 (unlawful possession of firearms and firearm ammunition) and any amendments thereof; or
6. Driving while a driver's license, permit, or privilege to operate a motor vehicle is suspended or revoked pursuant to Section 6-303 of the IVC, except that a motor vehicle 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; or
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 and any amendments thereof; or
8. Operation or use of a motor vehicle with an expired driver's license, in violation of Section 6-101 of the IVC, if the period of expiration is greater than one (1) year; or
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 IVC, or operating a motor vehicle without ever having been issued a driver's license or permit due to a person's age; or
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 Sections 6-101 (drivers must have licenses or permits), 6-303 (driving while driver's license, permit, or privilege is suspended or revoked), or 11-501 (driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof) of the IVC; or
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 of the Criminal Code of 2012 (Theft and Related Offenses) and any amendments thereof; or
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 Criminal Code of 2012, 720 ILCS 5/1-1, et seq., and any amendments thereof; or
13. Operation or use of a motor vehicle in violation of Section 11-503 (reckless driving and aggravated reckless driving) of the IVC; or
14. Operation or use of a motor vehicle in violation of Section 11-506 (street racing, aggravated street racing, or street sideshows) of the IVC; or
15. Operation of a motor vehicle in violation of Section 3-707 (operation of uninsured motor vehicle) of the IVC.
B. No administrative fees shall be imposed on the registered owner or the agents of that owner if the motor vehicle was stolen or hijacked at the time the vehicle was impounded. To demonstrate that the motor vehicle was hijacked or stolen at the time the vehicle was impounded, the owner or the agents of the owner must submit proof that a report concerning the motor vehicle was filed with a law enforcement agency in a timely manner.
(Ord. 2007-6-6C, 6-6-2007; amd. Ord. 2023-5-1, 5-1-2023; Ord. 2023-10-9, 10-9-2023)