(A) Citations.
(1) Whenever any vehicle is parked in violation of any provision of the code prohibiting or restricting vehicular parking or standing, the owner shall be prima facie responsible for the violation and subjects to the penalty therefor.
(2) Whenever any vehicle is parked in violation of any provision of the code prohibiting or restricting vehicular parking or standing, any police officer, traffic-control aide, other designated member of the Police Department, parking enforcement aide or other person designated by the Code Administrator observing the violation may issue a parking violation notice, and serve the notice on the owner of the vehicle by handing it to the operator of the vehicle, if he or she is present, or by affixing it to the vehicle in a conspicuous place. The issuer of the notice shall specify on the notice his or her identification number, the particular parking regulation allegedly violated, the make and state registration number of the cited vehicle, and the place, date, time and nature of the alleged violation and shall certify the correctness of the specified information by signing his or her name as provided in § 11-208.3 of the Illinois Vehicle Code, ILCS Ch. 625, Act 5, § 11-208.3, as amended.
(3) The parking violation notice shall contain the information required under the previous division (A)(2). In addition, the notices shall state the applicable fines as provided herein, the monetary penalty which shall be automatically assessed for late payment, the vehicle immobilization and driver’s license suspension that may be imposed if fines and penalties are not paid in full, that payment of the indicated fine and of any applicable penalty for late payment, shall operate as a final disposition of the violation, and information as to the availability of an administrative adjudication hearing in which the violation may be contested on its merits and the manner in which such hearing may be had.
(4) It shall be unlawful for any person, other than the owner of the vehicle or his or her designee, to remove from a vehicle a parking violation notice affixed pursuant to this chapter.
(5) The Code Administrator shall distribute parking violation notices to parking enforcement aides, other persons authorized to issue parking violating notices and the Department of Police for issuance pursuant to these provisions. The Chief of Police shall be responsible for the distribution of the notice forms within the Department of Police, shall maintain a record of each set of notices issued to individual members of the Department and shall retain a receipt for every set so issued.
(6) The Traffic Compliance Administrator shall compile and maintain complete and accurate records relating to all parking violation notices issued and the dispositions thereof, whether by payment of the fine or by final determination of the Hearing Officer. In addition, the Traffic Compliance Administrator shall make certified reports to the Secretary of State pursuant to § 6-306.5 of the Illinois Vehicle Code.
(B) Determination of liability; motor vehicle citations.
(1) (a) Any person on whom a parking violation notice has been served pursuant to this subchapter shall within seven days from the date of the notice:
1. Pay the indicated fine; or
2. Request an administrative adjudication hearing as provided by this subchapter to contest the charged violation.
(b) A response by mail shall be deemed timely if postmarked within seven days of the issuance of the notice of violation.
(2) If the respondent requests an administrative hearing to contest the cited violation, the Code Administrator shall notify the owner in writing of the location and time available for a hearing in accordance with provisions of this subchapter.
(3) Where a respondent who has requested an administrative hearing either fails to pay the indicated fine prior to the hearing or fails to appear at a hearing a final determination of parking violation liability shall be entered in the amount of the fine indicated on the notice of violation. Failure to pay the fine within 21 days of issuance of a Hearing Officer’s final determination of liability will result in the imposition of a late payment penalty pursuant to division (B)(5) below. Upon the occurrence of a final determination of parking violation liability and after expiration of the period in which judicial review under the State Administrative Review Law may be sought, any unpaid fine or penalty will constitute a debt and owing the village.
(4) (a) If no response is made in accordance with division (B)(1) above, the Code Administrator shall cause a second notice of violation to be sent to the respondent. The notice shall specify the date and location of the violation, the make and state registration number of the vehicle, the code provision violated, the applicable fine, and the time and manner in which the respondent requests an administrative adjudication hearing to contest the cited violation, the Code Administrator will cause a notice of hearing to be sent to the respondent as provided herein.
(b) If the respondent fails to pay the indicated fine or request a hearing to contest the charged violation within 14 days from the date of the second notice of violation a determination of parking violation liability shall be entered in the amount of the fine indicated on the notice of violation. Failure to pay the fine within 21 days of issuance of the determination of liability will result in the imposition of a late payment penalty pursuant to division (B)(5) below. Upon the occurrence of a final determination of parking violation liability and after expiration of the period in which judicial review under the State Administrative Review Law, being ILCS Ch. 735, Act 5, §§ 3-101 et seq., may be sought, any unpaid fine or penalty will constitute a debt due and owing the village. The second notice of violation shall provide the above information.
(5) Failure by any respondent to pay or mail payment of the fine for a parking violation within 21 days of the issuance of the final determination of liability will automatically subject the respondent to a penalty for late payment. The penalty for late payment shall be $50. Failure to pay or mail payment of a fine within each subsequent 21-day period after the issuance of the determination of liability will automatically subject the respondent to additional penalty of $30.
(6) A person charged with a parking violation may contest the charge through an administrative adjudication hearing limited to one or more of the following grounds with appropriate evidence to support:
(a) The respondent was not the owner or lessee of the cited vehicle at the time of the violation;
(b) The cited vehicle or its state registration plates were stolen at the time the violation occurred;
(c) The relevant signs prohibiting or restricting parking were missing or obscured;
(d) The relevant parking meter was inoperable or malfunctioned through no fault of the respondent; and
(e) The facts alleged in the parking violation notice are inconsistent or do not support a finding that the specified regulation was violated.
(C) Lessor of vehicle; liability. In accordance with § 11-1306 of the Illinois Vehicle Code, no person who is the lessor of a vehicle pursuant to a written lease agreement shall be liable for a violation of any standing or parking regulation of this subchapter involving the vehicle during the period of the lease if, upon receipt of a notice of violation, he or she shall, within 60 days thereafter, provide to the Code Administrator the name and address of the lessee. Upon receipt of a lessor’s notification of the name and address of his or her lessee, pursuant to §§ 11-1305 or 11-1306 of the Illinois Vehicle Code, the Code Administrator shall cause a notice of violation to be sent to the lessee as provided herein. If the lessor fails to provide the Code Administrator with the name and address of the lessee within 60 days of receiving notice, the lessor shall be liable for the full amount of the violation and late penalties, and a final determination will be issued.
(D) Immobilization program.
(1) (a) The Code Administrator is hereby authorized to direct and supervise a program of vehicle immobilization for the purpose of enforcing the parking regulations of the code. The program of vehicle immobilization shall provide for immobilizing any eligible vehicle, as defined in division (D)(2) below, by placement of a restraint in a manner as to prevent its operation.
(b) If the eligible vehicle is parked or left in violation of any provision of the traffic code for which the vehicle is subject to an immediate tow, or in any place where it constitutes an obstruction or hazard, or where it impedes village workers during such operations as snow removal, the Code Administrator may cause the eligible vehicle to be towed to a vehicle pound or relocated to a legal parking place and there restrained.
(2) (a) When the registered owner of a vehicle has accumulated five or more final determinations of parking violation liability for which the fines and penalties, if applicable, have not been paid in full, the Code Administrator shall cause a notice of impending vehicle immobilization to be sent as prescribed in this subchapter.
(b) The notice of impending vehicle immobilization shall state the name and address of the registered owner, the state registration number of the vehicle or vehicles registered to the owner and the serial numbers of parking violation notices which have resulted in final determination of liability for which the fines or penalties remain unpaid. Failure to pay the fines and penalties owed within 21 days from the date of the notice will result in the inclusion of the state registration number of the vehicle or vehicles of the owner on an immobilization list. A person may challenge the validity of the notice of impending vehicle immobilization by requesting a hearing and appearing in person to submit evidence which would conclusively disprove liability. Upon a request for a hearing, the Code Administrator shall schedule the hearing for the next regular hearing date. Documentary evidence which would conclusively disprove liability shall be based on the following grounds:
1. All fines and penalties for the parking violations cited in the notice have been paid in full; or
2. The registered owner has not accumulated five or more final determinations of parking violation liability, which were unpaid at the time the notice of impending vehicle immobilization was issued.
(3) Upon immobilization of an eligible vehicle, a notice shall be affixed to the vehicle in a conspicuous place, the notice shall warn that the vehicle is immobilized and that any attempt to move the vehicle may result in its damage. The notice shall also state that the unauthorized removal of or damage to the immobilizing restraint is a violation of §§ 16-1 and 21-1 of the Illinois Criminal Code, being ILCS Ch. 720, Act 5. The notice shall also provide information specifying how release of the immobilizing restraint may be had, and how the registered owner may obtain an immobilization hearing. If the restraint has not been released within 24 hours of its placement, the restraint shall be released and the vehicle towed and impounded.
(4) The owner of an immobilized vehicle or other authorized person may secure the release of the vehicle by paying the immobilization, towing and storage fees provided in division (D)(7) below, and all fines and penalties remaining due on each final determination of parking violation liability issued to the person.
(5) The owner of an immobilized vehicle shall have the right to a hearing to determine whether the immobilization or any subsequent towing and impoundment was erroneous, if the owner files a written request for a hearing with the Code Administrator within 14 days after immobilization or 14 days of the date of the notice sent pursuant to this division (D)(5), whichever is later. The determination of the Hearing Officer regarding the validity of the immobilization shall become final for the purpose of judicial review under the Administrative Review Law of the state upon issuance.
(6) Within ten days after a vehicle has been impounded, a notice of impoundment shall be sent by first class mail, to the address of the registered owner as listed with the Secretary of State. The notice shall state that the owner has the right to request a post-immobilization and post-towing hearing as provided in division (D)(5) above, and that if the vehicle is not claimed within 30 days from the date of the notice, the vehicle may be sold or otherwise disposed of in accordance with § 4-208 of the Illinois Vehicle Code.
(7) The fee for immobilization shall be $50 for installation and $50 for removal. In addition, a fee for towing subsequent to the immobilization and a storage fee for every 24-hour period the vehicle is retained shall be assessed. No fees shall be assessed for any immobilization or tow which has been determined to be erroneous.
(8) It shall be unlawful to relocate or tow any vehicle restrained by an immobilization device without the approval of the Code Administrator, or his or her designee. The registered owner of the immobilized vehicle and any person who relocates an immobilized vehicle in violation of this division (D)(8) shall each be subject to a penalty of $1,000 for the violation.
(E) Driver’s license suspension.
(1) When a person has failed to pay any fine or penalty due and owing pursuant to this chapter on five or more parking violations, the Code Administrator shall cause a notice of impending driver’s license suspension to be sent in the form as required by the Secretary of State. The notice shall state that failure to pay the amount owing within 45 days of the date of the notice will result in the village’s notifying the Secretary of State that the person is eligible for initiation of suspension proceedings pursuant to § 6-306.5 of the Illinois Vehicle Code.
(2) If a person sent a notice pursuant to division (E)(1) above fails to pay the amount owing within the time stated on the notice, the Code Administrator may file with the Secretary of State, a certified report, in accordance with § 6-306.5(c) of the Illinois Vehicle Code, that the person is eligible for initiation of suspension proceedings. The Code Administrator shall assess a $20 filing fee against the person named in the certified report to reimburse the village for the expense of preparing and filing the certified report with the Secretary of State.
(3) (a) A person named in a certified report filed pursuant to division (E)(2) above may, within 21 days of the date of the notice sent by the Secretary of State pursuant to § 6-306.5(b) of the Illinois Vehicle Code, file with the Code Administrator a written statement and supporting documentation to challenge the report; provided, however, the grounds for the challenge shall be limited to:
1. The person not having been the owner or lessee of the vehicle or vehicles receiving ten or more parking violations notices on the date or dates the notices were issued; or
2. The person having already paid the fine and penalty for the ten or more violations indicated on the report.
(b) The Code Administrator shall send notice of the decision on the challenge of the report after receipt thereof.
(4) If a person named in a certified report has paid the previously reported fine or penalty or if the report is determined by the Code Administrator to be in error, the Code Administrator shall notify the Secretary of State in accordance with § 6-306.5(d) of the Illinois Vehicle Code. A certified copy of the notification shall be given, upon request and at no charge, to the person named therein.
(5) An administrative hearing to contest an impending suspension or suspension may be had upon filing a written request with the Secretary of State. The filing fee for this hearing shall be $20, to be paid at the time the request is made. The village shall reimburse the Secretary of State for all reasonable costs incurred by the Secretary as a result of filing a certified report, including, but not limited to, the costs of providing the required notice and the costs incurred by the Secretary in any hearing conducted with respect to the report and any appeal from a hearing.
(F) Vehicle seizure and impoundment of motor vehicles used in connection with illegal activities.
(1) Violations subject to seizure and impoundment of motor vehicle. 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 the seizure and impoundment by the village, and the owner of record of the vehicle shall be liable to the village for an administrative penalty in addition to any towing and storage fees as hereinafter provided:
(a) The operator of vehicle is found to be driving with a suspended or revoked license, as defined in ILCS Ch. 625, Act 5, § 6-303, shall be guilty of a violation of this division (F);
(b) The operator of a vehicle found to be driving under the influence, as defined in ILCS Ch. 625, Act 5, § 11-501, shall be guilty of a violation of this division (F);
(c) The operator of a vehicle found to be driving without a valid driver’s license, as defined in ILCS Ch. 625, Act 5, § 6-101. Any person found to be in violation of this subsection shall be liable to the village for an administrative penalty of not more than $500 in addition to any towing and storage fees as provided herein;
(d) The operator of a vehicle found to be driving while the registration of the vehicle is suspended or revoked for failure to have automobile insurance, as defined in ILCS Ch. 625, Act 5, § 3-708, shall be guilty of a violation of this division (F);
(e) The operator of a vehicle found to be in possession of cannabis, as defined in ILCS Ch. 720, Act 550, § 4, shall be guilty of a violation of this division (F);
(f) The operator of a vehicle found to be in possession of a controlled substance, as defined in ILCS Ch. 720, Act 570, § 402, shall be guilty of a violation of this division (F);
(g) The operator of a vehicle found to be in possession of a an unlawful weapon, as defined in ILCS Ch. 720, Act 5, § 24-1, shall be guilty of a violation of this division (F);
(h) When a motor vehicle is operated by a person against whom a warrant has been issued by a Circuit Court in the state for failing to answer charges that the driver violated any of the sections listed above shall be guilty of a violation of this division (F);
(i) The operation of any motor vehicle with open alcohol in violation of ILCS Ch. 625, Act 5, § 11-502;
(j) Any vehicle operated and occupied solely by minors wherein alcoholic beverages, whether open or sealed;
(k) Any vehicle being operated or having been operated while the operator or occupants of the vehicle are in the commission of or fleeing from the commission of a crime constituting a charge of a Class A misdemeanor, or any felony;
(l) Any motor vehicle which is being used to engage in drag racing, as defined in § 76.02 (Drag Racing); and
(m) Any motor vehicle which is being used to engage in drifting, as defined in § 76.11 (Drifting).
(2) General regulations.
(a) This division (F) 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.
(b) Fees for towing and storage of a vehicle under this division (F) shall be those approved by the Director of Public Safety for all towers authorized to tow for the Police Department.
(3) Probable cause and notice of preliminary hearing.
(a) Whenever a police office has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this division (F), the police officer shall provide for the towing of the vehicle to a facility controlled by the village or its agent.
(b) When the vehicle is towed the police officer shall notify the person who is found to be in control of the vehicle at the time of the alleged violation, if there is such a person, of the fact of the seizure and of the vehicle owner’s right to request a preliminary hearing to be conducted pursuant to this division (F).
(4) Administrative process.
(a) Preliminary hearing.
1. The owner of a vehicle seized pursuant to this division (F) may request a preliminary hearing within 72 hours after the seizure.
2. A Hearing Officer of the village shall conduct a preliminary hearing within 48 hours after the request unless extended by agreement of all of the parties.
3. All interested persons shall be given a reasonable opportunity to be heard at the preliminary hearing.
4. The formal rules of evidence will not apply at the hearing and hearsay evidence shall be admissible.
5. If, after the hearing, the Hearing Officer determines that there is probable cause to believe that the vehicle was operated with knowledge of the owner and used in the commission of a violation of this division (F), the Hearing Officer shall order the continued impoundment of the vehicle as provided in this division (F) unless the owner of the vehicle posts with the village a cash bond in the amount of $500, plus fees for towing and storage of the vehicle.
6. If the Hearing Officer determines that there is no such probable cause, the vehicle will be returned without penalty or other fees or charges.
(b) Administrative hearing.
1. An Administrative Hearing Officer of the village shall conduct the hearing.
2. Within ten days after a vehicle is seized and impounded pursuant to this division (F), the village shall notify by certified mail, return receipt requested the owner of record of the date, time and location of a hearing that will be conducted pursuant to this division (F).
3. The hearing shall be conducted no later than 45 days after the vehicle was seized.
4. All interested persons shall be given a reasonable opportunity to be heard at the hearing.
5. If, after the hearing, the Hearing Officer determines by a preponderance of evidence that the vehicle was operated with the knowledge of the owner, and was used in the commission of a violation of this division (F), the Administrative Hearing Officer shall enter an order requiring the vehicle to continue to be impounded until the owner pays a penalty of $500, plus fees for towing and storage of the vehicle.
6. The penalty and fees shall be a debt due and owing the village. However, if a cash bond has been posted the bond shall be applied to the penalty.
7. The Director of Public Safety, or his or her designee, may distribute to local newspapers the names of all persons convicted of a violation of this division (F).
8. If the Hearing Officer determines that the vehicle was not used in violation of this division (F), he or she shall order the return of the vehicle or cash bond.
9. Notwithstanding any other provision of this division (F), whenever a person with a lien of record against a vehicle impounded under this section has commenced foreclosure proceedings, possession of the vehicle shall be given to that person if he or she agrees in writing to refund to the village the net proceeds of any foreclosure sale, less any amounts necessary to pay all lienholders of records, up to the total amount to penalties and fees imposed under this division (F).
(5) Unclaimed motor vehicles. Any motor vehicle that is not reclaimed within 30 days after the expiration of the time during which the owner of record may seek judicial review of the village’s action under this section, or the time at which a final judgement is rendered in favor of the village, or the time of a final administrative decision is rendered against an owner of record who is in default may be disposed of as an unclaimed vehicle as provided by law.
(Ord. 03-13, passed 5-13-2003; Ord. 04-05, passed 2-24-2004; Ord. 06-18, passed 11-15-2006; Ord. 11-19, passed 7-12-2011; Ord. 23-04, passed 5-9-2023) Penalty, see § 10.99