(A) In the event a motor vehicle is seized and impounded pursuant to those sections of § 76.09 specifically authorized below, the registered owner of the motor vehicle or his or her agent shall, in addition to any other liabilities, be liable to the village for a seizure and impoundment administrative fee in the amount of $250 for the administrative and processing costs (as distinguished from the costs of the actual tow from any third parties) associated with the removal, impoundment, storage, and release of the vehicle. The violations for which a seizure and impoundment administrative fee is authorized in this section are:
(1) Driving with a suspended or revoked license in violation of ILCS Ch. 625, Act 5, § 6-303, except where the suspension is for an unpaid citation (parking or moving) or due to failure to comply with emission testing.
(2) Driving under the influence of drugs or alcohol in violation of ILCS Ch. 625, Act 5, § 11-501(a).
(3) Driving without a valid driver's license in violation of ILCS Ch. 625, Act 5, § 6-101(a), except to the extent that:
(a) The person had a valid driver's license that is expired for less than 12 months; or
(b) The person is less than 17 years of age and operating a motor vehicle on any street or highway in violation of the village curfew provisions set forth in Chapter 132, Offenses Against Public Order, § 132.02.
(4) Operating or using a vehicle in connection with the commission of the unlawful use of a weapon in violation of the Illinois Criminal Code of 1961 or the Illinois Criminal Code of 2012, ILCS Ch. 720, Act 5, §§ 24-1, 24-1.5, or 24-3.1.
(5) Operation or use of a motor vehicle while soliciting, possessing, or attempting to solicit or possess cannabis, in violation of the Illinois Cannabis Control Act, ILCS Ch. 720, Act 550, § 4(d), (e), (f) and (g).
(6) Operation or use of a motor vehicle while soliciting, possessing, or attempting to solicit or possess a controlled substance in violation of the Illinois Controlled Substances Act, ILCS Ch. 720, Act 570, §101, ILCS Ch. 720, Act 570, § 401, ILCS Ch. 720, Act 570, § 401.1, or ILCS Ch. 720, Act 570, § 402.
(7) Operating a motor vehicle in the commission or attempted commission of any offense for which a motor vehicle may be seized and forfeited pursuant to ILCS Ch. 720, Act 5 § 36-1.
(8) Driving or using 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 the offenses of:
(a) Driving while license is revoked or suspended (ILCS Ch. 625, Act 5, § 6-303);
(b) Driving without a valid driver's license (ILCS Ch. 625, Act 5, § 6-101); or
(c) Diving under the influence of alcohol, other drugs, intoxicating compound(s) or any combination thereof (ILCS Ch. 625, Act 5, § 11-501).
(9) Driving or using a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of Article 16 or 16A of the Criminal Code of 1961 or the Criminal Code of 2012, as amended, when so provided by local ordinance.
(10) Any other misdemeanor or felony offense in violation of the Illinois Criminal Code of 1961 or Criminal Code of 2012 when so provided by local ordinance.
(11) Operating or using a vehicle in violation of ILCS Ch. 625, Act 5, §11-503:
(a) While the vehicle is part of a funeral procession; or
(b) In a manner that interferes with a funeral procession.
(B) (1) This fee shall also be in addition to:
(a) Any other penalties that may be assessed by a court of law for the underlying violations; and
(b) Any and all towing and storage fees owed to any third parties.
(2) The seizure and impoundment administrative fee shall be waived by the village upon verifiable proof that the vehicle was stolen at the time the vehicle was impounded. The fee shall be uniform for similarly situation vehicles. There shall be no seizure and impoundment administrative fee assessed in addition to the statutory charge imposed by ILCS Ch. 720, Act 5, § 36.5-5.
(Ord. 2016-42, passed 9-6-16; Am. Ord. 2016-64, passed 12-5-16)