(A) Whenever a police officer has probable cause to believe that a vehicle is being used in violation of § 75.02 he shall cause the seizure and impoundment of the vehicle to a facility controlled by the Village or its agents. When the vehicle is towed, the police officer shall notify any person identifying himself or herself as the owner of the vehicle or any 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 seizure and of the vehicle owner's right to request a preliminary hearing as provided in this Chapter.
(B) No vehicle shall be seized or impounded under this Chapter unless the police officer determines that such action is necessary and reasonable under the circumstances including but not limited to an individual who is present on the scene, and who has permission from the owner of the vehicle to drive the vehicle, and the individual is otherwise capable of lawfully operating a motor vehicle in the State of Illinois, the police officer shall allow that individual to remove the vehicle without being subject to seizure and impoundment. Similarly, if the vehicle is parked legally, and/or will not present a hazard to the public safety or otherwise jeopardize the efficient movement of vehicular traffic at its location, the officer shall permit the vehicle to remain at its location without being seized or impounded pursuant to this Chapter. This determination shall not apply when the vehicle is required to be seized or impounded due to investigative measures or when a vehicle is seized or impounded pursuant to another lawful purpose.
(C) When a vehicle is not seized or impounded pursuant to this Section, the owner shall not be required to post the requisite Five Hundred Dollar ($500.00) bond as referenced in § 75.04.
(Ord. 11-2813, passed 1-11-11)