A. Violations Authorizing Seizure. Except as provided herein or elsewhere in the Municipal Code of the Village of Stockton, a motor vehicle, operated with the permission, express or implied, of the owner of record, that is used in connection with the violations set forth in subsections (1) - (36) below, shall be subject to seizure and impoundment by the Village, and the owner of record of said vehicle shall be liable to the Village for an administrative penalty in the amount of Two Hundred and Fifty Dollars, ($250.00), which shall be in addition to any towing and storage fees charged by the towing service as provided herein. The administrative penalty shall be assessed to cover costs associated with the investigation, arrest and detention of an offender, or the removal, impoundment, storage, and release of the vehicle. It shall not be necessary for criminal charges to be filed, prosecuted, and/or proven in order to demonstrate that one or more of the following violations has/have been committed:
1. Driving with suspended or revoked license, 625 ILCS 5/6-303, except that a 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, drugs, any intoxicating compound or a combination of alcohol, drugs, or any intoxicating compound, 625 ILCS 5/11-501(a);
3. When a motor vehicle is operated by a person against whom a warrant has been issued by a Circuit Court in Illinois, failing to answer charges that the driver violated subsection (A)(1)(a) or (A)(1)(b) of the above or for a violation of 625 ILCS 5/6-101;
4. Fleeing or attempting to elude a police officer, third or subsequent offense, 625 ILCS 5/11-204(c);
5. Aggravated fleeing or attempting to elude a police officer, 625 ILCS 5/11-204.1;
6. Leaving the scene, after involvement in a motor vehicle accident involving death or personal injury, 625 ILCS 5/11-401;
7. Reckless driving or reckless driving causing bodily harm to a child or school crossing guard, 625 ILCS 5/11-503(a), (b), (b-1), (c) and (d);
8. Aggravated reckless driving, 625 ILCS 5/11-503(c);
9. Reckless driving causing great bodily harm or permanent disability or disfigurement to a child or a school crossing guard, 625 ILCS 5/11-503(d);
10. Street racing, second or subsequent offense, pursuant to 625 ILCS 5/11-506;
11. Aggravated street racing, 625 ILCS 5/11-506(d)(3);
12. Illegal transportation of alcohol/driver, 625 ILCS 5/11-502(a);
13. The following firearms offenses:
a. Unlawful use of weapons, 720 ILCS 5/24-1;
b. Unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections facilities, 720 ILCS 5/24-1.1;
c. Aggravated discharge of a firearm, 720 ILCS 5/24-1.2;
d. Aggravated discharge of a machine gun or a firearm equipped with a device designed or used for silencing the report of a firearm, 720 ILCS 5/24-1.2-5;
e. Reckless discharge of a firearm, 720 ILCS 5/24-1.5;
f. Aggravated unlawful use of a weapon, 720 ILCS 5/24-1.6;
g. Unlawful possession of firearms and firearm ammunition, 720 ILCS 5/24-3.1;
h. Unlawful sale or delivery of a firearm on the premises of any school, 720 ILCS 5/24-3.3;
14. Indecent solicitation of a child, 720 ILCS 5/11-6;
15 Aggravated assault, 720 ILCS 5/12-2;
16. Aggravated battery, 720 ILCS 5/12-3.05;
17. Theft, 720 ILCS 5/16-1;
18. Theft of lost or mislaid property, 720 ILCS 5/16-2;
19. Theft from coin operated machine, 720 ILCS 5/16-5;
20. Tampering with or theft of communication services, 720 ILCS 5/16-18;
21. Retail theft, 720 ILCS 5/16-25;
22. Robbery, 720 ILCS 5/18-1;
23. Armed robbery, 720 ILCS 5/18-2;
24. Burglary, 720 ILCS 5/19-1;
25. Residential burglary, 720 ILCS 5/19-3;
26. Arson, 720 ILCS 5/20-1;
27. Aggravated arson, 720 ILCS 5/20-1;
28. Possession of explosives or explosive or incendiary devices, 720 ILCS 5/20-2;
29. Criminal damage to property, 720 ILCS 5/21-1;
30. Mob action, 720 ILCS 5/25-1;
31. The operation or use of a motor vehicle:
a. In the commission of, or in the attempt to commit, a violation of the Cannabis Control Act, 720 ILCS 550/1 et seq.;
b. In the commission of, or in the attempt to commit, a violation of the Illinois Controlled Substance Act, 720 ILCS 570/100 et seq.; or
c. 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 Substance Act, 720 ILCS 570/100 et seq.;
32. The following sexual offenses:
a. Prostitution, 720 ILCS 5/11-14.
b. Solicitation of a sexual act, 720 ILCS 5/11-14.1.
c. Promoting prostitution, 720 ILCS 5/11-14.3.
d. Promoting juvenile prostitution, 720 ILCS 5/11-14.4.
e. Patronizing a prostitute, 720 ILCS 5/11-18.
f. Patronizing a juvenile prostitute, 720 ILCS 5/11-18.1.
33. The motor vehicle is otherwise subject to seizure and impoundment pursuant to 720 ILCS 5/36-1;
34. A violation of 720 ILCS 5/11-503 (reckless driving) while the vehicle is part of a funeral procession, or in a manner that interferes with a funeral procession; or
35. A violation of 625 ILCS 5/6-101 (drivers must have licenses or permits), except where the violation is for a license which has been expired for twelve (12) months or less, or for a license which is invalid because of curfew (as in the case of a graduated license).
36. Ten Or More Violations: Any vehicle which is in violation of this title due to having no less than ten (10) outstanding (UNPAID) parking tickets which are not pending in city administrative court.
37. A violation of 720 ILCS 5/31-1 Resisting or obstructing a peace officer.
B. Imposition of Administrative Penalty. The following shall apply to the administrative penalty imposed for costs for seizure pursuant to subsection (A) above:
1. All administrative penalties and towing and storage charges shall be imposed on the registered owner of the motor vehicle or the agent of that owner.
2. The fees shall be in addition to:
a. Any other penalties that may be assessed by a court of law for the underlying violation; and
b. Any towing or storage fees or both, charged by the towing company.
3. The officers on the scene shall advise the owner of record of the vehicle, or any person who is found to be in control of the vehicle at the time of the alleged violation, as to whether such tow requires charging the penalty specified in subsection (A) hereof. If an administrative penalty is to be imposed, the penalty shall be paid directly to the Village, and payment shall be made at the Village police department.
4. The towing or storage fees, or both, shall be collected by and paid to the towing service that tows and stores the impounded vehicles.
5. The towing service shall keep detailed records regarding vehicles towed hereunder, rates charged, and fees paid. Said records shall be available for inspection by the police department upon reasonable request by the police department.
6. In lieu of the Village imposing a fee upon a towing service providing services hereunder, the towing service shall (by applying to be placed on the roster and accepting placement thereon) perform the following services to Village police vehicles (located within Village boundaries) at the request of the Village:
a. Provide tows of Village police vehicles that have broken down; and
b. Provide the changing of flat tires for Village police vehicles (or tow said vehicles). (Ord. 711, 6-8-2021; amd. Ord. 715, 8-10-2021; Ord. 745, 6-13-2023)