§ 73.02 VIOLATIONS AUTHORIZING IMPOUNDMENT.
   (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)