A. Violations Authorizing Seizure: Except as provided in subsection B of this section, a motor vehicle operated with the permission, express or implied, of the owner of record that is used in connection with the following violations, shall be subject to seizure and impoundment by the Village of South Pekin, and the owner of record of said vehicle shall be liable to the Village of South Pekin for an administrative penalty in the amount of five hundred dollars ($500.00) in addition to any towing and storage fees.
1. Driving while a driver license, permit, or privilege to operate a motor vehicle is suspended. or revoked pursuant to 625 ILCS 5/6-603, except that 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.
2. Driving under the influence of alcohol, another drug, an intoxicating compound or compounds, or any combination thereof, in violation of 625 ILCS 5/11-501(a).
3. Operation or use of a motor vehicle by a person against whom a warrant has been issued by a Circuit Court in Illinois for failing to answer charges that the driver violated 625 ILCS 5/6-101, 5/6-303, or 5/11-501.
4. Operation or use of a motor vehicle with an expired valid driver license, in violation of 625 ILCS 5/6-101, if the period of expiration is greater than one year.
5. Operation or use of a motor vehicle without ever having been issued a driver's license or permit, in violation of 625 ILCS 5/6-1-1 or operating a motor vehicle without ever having been issued a driver license or permit due to a person's age.
6. Reckless driving pursuant to 625 ILCS 5/11-503 while the vehicle is part of a funeral procession or in a manner that interferes with a funeral procession.
7. Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of Section 24-1 (720 I LCS 5/24-1) (unlawful use of weapons), 24-1.5 (720 ILCS 5/24-1.5) (reckless discharge of a firearm), or 24-3.1 (720 ILCS 5/3.1) (unlawful possession of firearms and firearm ammunition) of the Criminal Code of 1961 or the Criminal Code of 2012 (720 ILCS5/1-1 et seq.).
8. 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 720 ILCS 5/36-1.
9. 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.).
10. Operation or use of a motor vehicle in the commission or, or in the attempt to commit, an offense in violation of the Illinois Controlled Substances Act (720 ILCS 570/100 et seq.).
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 (720 ILCS 5/16-0.1 et seq.) (theft and related offenses) or 16A (retail theft) of the Criminal Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/1-1 et seq.).
12. 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 (720 ILCS 550/1 et seq.) or the Illinois Controlled Substances Act (720 ILCS 750/100 et seq.); provided, however, that no vehicle shall be subject to impound or forfeiture solely for the possession of cannabis or cannabis paraphernalia by persons twenty one (21) years of age or older in accordance with the Cannabis Regulation and Tax Act (410 ILCS 705/1-1 et seq.) or by a registered qualifying patient or registered designated caregiver as authorized by the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1 et seq.).
13. 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 1961 or the Criminal Code of 2012 (720 ILCS 5/1-1 et seq.).
B. General Regulations:
1. This section shall not replace or otherwise abrogate any existing State or Federal laws or Village ordinance pertaining to vehicle seizure and impoundment, and these penalties shall be in addition to any penalties that may be assessed by a court for any criminal charges.
2. This section shall not apply if the vehicle used in the violation was stolen at the time the vehicle was impounded, and the theft was reported to the appropriate police authorities within twenty four (24) hours after the theft was discovered.
3. Fees for towing and storage of a vehicle under this section shall be those approved by the Chief of Police for all towers authorized to tow for the Police Department.
C. Notice: Whenever a Police Officer has probable cause to impound a motor vehicle as provided in this Section, the Police Officer shall provide for the towing of said vehicle to an authorized facility, and notify any person identifying himself as the owner or lessee of the vehicle or any person who is found to be in control of the vehicle at the time of the alleged violation, of the fact of the seizure and of the vehicle and of owner's right to request a preliminary vehicle impoundment hearing to be conducted under this Section. Said vehicle shall be impounded pending the completion of the hearings provided for in subsection D of this section, unless the owner, lessee, or a lien holder of record of the vehicle posts with the Village a cash bond in the amount of five hundred dollars ($500.00) and pays the towing and storage charges.
D. Preliminary Hearing: If the owner of record of a vehicle seized pursuant to this section desires to appeal the seizure, said owner must make a request for said hearing within twenty four (24) hours of the seizure. Said request shall be in writing and filed with the chief of police or his designee who shall conduct such preliminary hearing within twenty four (24) hours after receipt of the request excluding Saturdays, Sundays, or Village holidays. All interested persons shall be given a reasonable opportunity to be heard at the preliminary vehicle impoundment hearing. The formal rules of evidence will not apply at the hearing and hearsay evidence shall be admissible only if it is the type commonly relied upon by reasonably prudent persons in the conduct of their affairs. If, after the hearing, the Chief of Police or his designee determines there is probable cause to believe that the vehicle is subject to seizure and impoundment pursuant to this section, he shall order the continued impoundment of the vehicle as provided in this section, unless the owner of the vehicle posts with the Village a cash bond in the amount of five hundred dollars ($500.00) and pays the tower any applicable towing and storage fees. If the Chief of Police or his designee determines that there is no such probable cause, the vehicle will be returned without penalty or other fees.
E. Hearing: Within ten (10) days after a vehicle is seized and impounded pursuant to this Section, the Village shall notify by personal service or first-class mail, the registered owner, lessee, and any lienholder of record of the date, time, and location of an administrative hearing that will be conducted, pursuant to this section. The owner will appear at the hearing and enter a plea of guilty or not guilty. If a plea of guilty is entered, the case will be disposed of at that time. If the owner pleads not guilty, a final hearing shall be scheduled and held, unless continued by order of the Hearing Officer, no later than forty five (45) days after the date of mailing the notice of hearing. All interested persons shall be given a reasonable opportunity to be heard at the hearing. The hearing shall be conducted by a Hearing Officer who is an attorney licensed to practice law in the State for a minimum of three (3)years. At any time prior to the hearing date, the Hearing Officer may, at the request of either party, direct secure by subpoena both the attendance and testimony of witnesses the production of relevant books and papers. The hearing shall be recorded, and formal rules of evidence will not apply at the hearing, and hearsay evidence shall be admissible only if it is the type commonly relied upon by reasonably prudent persons in the conduct of their affairs. Persons appearing at the hearing may be represented by counsel at their expense. If, after the hearing, the Hearing Officer determines by a preponderance of evidence that the vehicle was used in connection with a violation set forth in this section, the Hearing Officer shall enter an a written order finding the owner of record of the vehicle civilly liable to the Village for an administrative penalty in an amount not to exceed five hundred dollars ($500.00) and requiring the vehicle to continue to be impounded until the owner pays the administrative penalty to the Village plus fees to the tower for the towing and storage of the vehicle . If the owner of record fails to appear at the hearing, the Hearing Officer shall enter a written default order in favor of the Village. If the Hearing Officer finds that no such violation occurred, the Hearing Officer shall enter a written order directing the immediate return of the owner's vehicle or cash bond without fees. If the Hearing Officer finds that the Village exceeded its authority under this section, the Village shall be liable to the registered owner or lessee of the vehicle for the cost of storage fees and reasonable attorney's fees. The Hearing Officer's decision shall be final and subject to review under the provisions of the Administrative Review Law (735 ILCS 5/3-101 et seq.).
F. Administrative Penalty: If an administrative penalty is imposed pursuant to this section, such penalty shall constitute a debt due and owing to the Village. If a cash bond has been posted pursuant to this section, the bond shall be applied to the penalty. If a vehicle has been impounded when such a penalty is imposed, the Village may seek to obtain a judgment on the debt and enforce such judgment against the vehicle as provided by law. Except as provided otherwise in this section, a vehicle shall continue to be impounded until the penalty is paid to the Village and any applicable towing and storage fees, are paid to the tower, in which case possession of the vehicle shall be given to any person who is legally entitled to possess the vehicle, or the vehicle is sold or otherwise disposed of to satisfy a judgment to enforce a lien as provided by law. If the administrative penalty and applicable fees are not paid within thirty five (35) days after an administrative penalty is imposed against an owner of record who defaults by failing to appear at the hearing, the vehicle shall be deemed abandoned and shall be disposed of in the manner provided by law for the disposition of unclaimed vehicles. In all other cases, if the administrative penalty and applicable fees are not paid within thirty five (35) days after the expiration of time at which administrative review of the Hearing Officer's determination may be sought, or within thirty five (35) days after an action seeking administrative review has been resolved in favor of the Village, whichever is applicable, the vehicle shall be deemed abandoned and shall be disposed of in the manner provided by law for the disposition of abandoned vehicles under the Illinois Vehicle Code (625 ILCS 5/1-100 et seq.).
G. Vehicle Possession: Except as otherwise specifically provided by law, no owner, lien holder, or other person shall be legally entitled to take possession of a vehicle impounded under this section until the administrative penalty and fees applicable under this section have been paid. However, whenever a person with a lien of record against an impounded vehicle has commenced foreclosure proceedings, possession of the vehicle shall be given to that person if he agrees in writing to refund to the Village the amount of the net proceeds of any foreclosure sale, less any amounts required to pay all lien holders of record, not to exceed the administrative penalty, plus the applicable fees.
H. "Owner of record" Defined: For purposes of this section, the term "owner of record" of a vehicle is the record title holder as registered with the Secretary of State, State of Illinois. (Ord. 533, - -2021; amd. Ord. 553, 4-15-2024)