(A) Any motor vehicle, operated with the express or implied permission of the owner of record, that is subsequently used in the commission of, or in the attempt to commit, violations of any of the following statutes, as now or as hereafter amended, shall be subject to seizure and impoundment by the village, and the owner of record of said motor vehicle shall be liable to the village for a Level 1 Administrative Fee as provided for in this chapter, in addition to any towing and storage fees as hereinafter provided. Vehicles used in connection with any of the following violations are deemed similarly situated, in that they typically involve a suspect present, and or evidence, which calls for significantly greater time by police officers and staff:
State Statute | Similarly Situated Violations |
State Statute | Similarly Situated Violations |
625 ILCS 5/6-303 | Driving while license revoked |
625 ILCS 5/11-204 | Fleeing or attempting to elude a peace officer |
625 ILCS 5/11-501 | Driving under the influence of alcohol/drugs |
625 ILCS 5/11-503 | Reckless driving or aggravated reckless driving |
625 ILCS 5/11-504 | Drag racing |
625 ILCS 5/11-601.5 | Speeding in excess of 40 mph Class A misdemeanor |
625 ILCS 5/11-6 | Indecent solicitation of a child |
720 ILCS 5/12-4 | Aggravated battery |
720 ILCS 5/12-4.2 | Aggravated battery with a firearm |
720 ILCS 5/12-4.3 | Aggravated battery of a child |
720 ILCS 5/12-4.6 | Aggravated battery of a senior citizen |
720 ILCS 5/16A-3 | Felony retail theft |
720 ILCS 5/18-1 | Robbery |
720 ILCS 5/18-2 | Armed robbery |
720 ILCS 5/19-1 | Burglary |
720 ILCS 5/19-3 | Residential burglary |
720 ILCS 5/20-1.1 | Aggravated arson |
720 ILCS 5/20-2 | Possession of explosives or incendiary devices |
720 ILCS 5/21-1 | Felony criminal damage to property |
720 ILCS 5/25-1 | Mob action |
720 ILCS 570/401 | Manufacture or delivery unauthorized |
720 ILCS 570/401.1 | Controlled substance tracking |
720 ILCS 570/402 | Unauthorized possession under the Controlled Substances Act |
720 ILCS 550/4 | Possession of more than ten grams of any substances containing cannabis |
720 ILCS 550/5 | Manufacture or delivery of cannabis |
720 ILCS 550/5.1 | Cannabis trafficking |
720 ILCS 550/5.2 | Delivery of cannabis on school grounds |
720 ILCS 550/8 | Unauthorized production or possession of cannabis sativa plant |
720 ILCS 5/24-1 | Felony unlawful use of weapons |
720 ILCS 5/24-3.1 | Felony unlawful possession of firearms and firearm ammunition |
720 ILCS 5/24-3.3 | Unlawful sale or delivery of firearms on the premises of a school |
Any other felony charge not mentioned above under Illinois state statute, as now or hereafter amended. | |
(B) For any motor vehicle, operated with the express or implied permission of the owner of record, that is subsequently used in the commission of, or in the attempt to commit, any violations not listed in division (A) above, but in any of the following violations, shall be subject to seizure and impoundment by the village, and the owner of record of said motor vehicle shall be liable to the village for a Level 2 Administrative Fee, as provided in this chapter, in addition to any towing and storage fees as herein after provided:
(1) Similarly situated violations.
(a) Violations of Illinois statutes constituting misdemeanors or village ordinance violations, as now or as hereafter amended;
(b) Traffic violations;
(c) Drug paraphernalia or drug equipment arrests;
(d) Hit and run vehicles with accompanying traffic arrests; and
(e) Outstanding warrants, whether for failure to appear in court or original arrest warrants.
(2) Vehicles used in connection with these offenses are deemed similarly situated, in that they typically involve a suspect present, and little or no evidence is located and dealt with in the tow process. Such offenses therefore require time of the officers in transporting, booking, processing, and either releasing on bail or lodging, the arrestee.
(C) Any motor vehicle, operated with the express or implied permission of the owner of record, that is subsequently used in the commission of, or in the attempt to commit, violations of any of the following, as now or as hereafter amended, shall be subject to seizure and impoundment by the village, and the owner of record of said motor vehicle shall be liable to the village, for a Level 3 Administrative Fee, as provided for in this chapter, in addition to any towing and storage fees as herein after provided:
(1) Similarly situated violations.
(a) Non-custodial tows;
(b) Parking violations; and
(c) Abandoned or junk vehicles.
(2) Vehicles used in connection with these offenses are deemed similarly situated, in that no suspect is typically present, and typically no evidence to be processed or handled independently of the vehicle itself.
(Ord. 13-10, passed 12-17-2013)