A. No driver or owner of any motor vehicle within the village shall operate or permit operation of any sound amplification system which can be heard outside the vehicle from seventy five (75) or more feet when the vehicle is being operated upon a street, highway or roadway unless such system is being operated to request assistance or warn of a hazardous situation. This section does not apply to authorized emergency vehicles.
B. Any person violating the provisions of this section shall be issued a compliance warning citation and shall be fined twenty five dollars ($25.00) for the first such violation.
C. Any person convicted of a second violation of the provisions of this section shall be fined up to two hundred fifty dollars ($250.00) for such second violation.
D. Any person convicted of a third or subsequent violation of the provisions of this section shall be fined up to seven hundred fifty dollars ($750.00). The motor vehicle used in such third or subsequent violation may be subject to seizure and impoundment at the discretion of the police officer, and subject to a supervisor's approval. The owner or driver of the impounded vehicle shall be liable for the fees for the towing and storage of the vehicle in addition to the fine imposed for conviction of the third or subsequent violation of this section. Such impoundment shall be further subject to the provisions of subsections D1 through D4 of this section.
1. Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this section, the police officer shall provide for the towing of the vehicle to a facility controlled by the village or its agents. 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 violations, 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 under this section.
2. Whenever the owner of a vehicle seized pursuant to this section requests a preliminary hearing within twelve (12) hours after the seizure, a deputy police chief of the village or his designee shall conduct such preliminary hearing within twenty four (24) hours after the seizure, excluding Sundays and holidays. All interested persons shall be given a reasonable opportunity to be heard at the preliminary hearing. The formal rules of evidence will not apply at the hearing. If, after the hearing, the deputy police chief or his designee determines that there is probable cause to believe that the vehicle was used in the violation of subsection A of 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 two hundred fifty dollars ($250.00) plus fees for towing and storing the vehicle. If the deputy police chief or his designee determines that there is no such probable cause, the vehicle will be returned without penalty or other fees.
3. Within ten (10) days after a vehicle is seized and impounded pursuant to this section, the village shall notify by personal service or 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 section. The hearing shall be scheduled and held, unless continued by order of the court or hearing officer, no later than thirty (30) days after the vehicle was seized. All interested persons shall be given a reasonable opportunity to be heard at the hearing. If after a hearing, it is determined by a preponderance of evidence that the vehicle was used in the commission of any of the violations described in subsection A of this section the vehicle shall continue to be impounded until the owner pays a penalty of two hundred fifty dollars ($250.00) plus fees for towing and storage of the vehicle. 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. If it is determined at a hearing that the vehicle was not used in such a violation, the vehicle or cash bond shall be returned without penalty or other fees. The determination made at the hearing shall be a final administrative decision. Notwithstanding any other provision of this section, 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 agrees in writing to refund to the village the net proceeds of any foreclosure sale, less any amount necessary to pay all lien holders of record, up to the total amount of penalties imposed under this subsection D.
4. Any motor vehicle that is not reclaimed within thirty (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 judgment is rendered in favor of the village, or the time 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. 2003-31, 5-15-2003)