(A) Motor vehicle impoundment. Pursuant to Article II, Chapter 11 of the Illinois Vehicle Code, 625 ILCS 5/11-208.7, the Village of Swansea (the “village”) shall follow the procedures set forth herein when impounding vehicles and imposing reasonable administrative fees, payable to and collected by the village, related to its administrative and processing costs associated with the investigation, arrest, and detention of offender, or the removal, impoundment, storage, and release of the motor vehicle. The administrative fees imposed herein by the village shall be uniform for all similarly situated vehicles and are in addition to any other fees or penalties that may be assessed by a court of law for the underlying violations, or by a person, firm, or entity that tows and stores the impounded motor vehicle.
(B) For the purposes of this section:
(1) CANNABIS shall have the meaning ascribed to it in the Cannabis Control Act, 720 ILCS 550/1 et seq.
(2) CONTROLLED SUBSTANCES shall mean any substance as defined and included in the schedules of Article II of the Illinois Controlled Substances Act, 720 ILCS 570/201 et seq.
(3) DRIVING A VEHICLE BY PERSON SUBJECT TO WARRANT means operation or use of a motor vehicle by a person against whom a warrant has been issued by a circuit clerk in Illinois for failing to answer charges that the driver violated Section 6-101, 6-303, or 11-501, of the Illinois Vehicle Code (625 ILCS 5/6-101, 6-303, or 11-501).
(4) DRIVING ON A SUSPENDED OR REVOKED LICENSE, PERMIT, OR PRIVILEGE TO OPERATE A MOTOR VEHICLE means any offense as defined in Section 6-303 of the Illinois Vehicle Code (625 ILCS 5/6-303); except that vehicles 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.
(5) DRIVING ON AN EXPIRED LICENSE means operation or use of a motor vehicle with an expired driver’s license, in violation of Section 6-101 of the Illinois Vehicle Code (625 ILCS 5/6-101), if the period of expiration is greater than one year.
(6) DRIVING UNDER THE INFLUENCE OF ALCOHOL, DRUGS, AND/OR INTOXICATING COMPOUNDS means any offense as defined in Section 11-501 of the Illinois Vehicle Code (625 ILCS 5/11-501).
(7) DRIVING WITHOUT A LICENSE OR PERMIT means operation or use of a motor vehicle without ever having been issued a driver’s license or permit, in violation of Section 6-101 of the Illinois Vehicle Code (625 LLCS 5/6-101), or operating a motor vehicle without ever having been issued a driver’s license or permit due to a person’s age.
(8) FELONY OFFENSE means any felony offense as defined by the Criminal Code of 1961 or the Criminal Code of 2012.
(9) FLEEING OR ATTEMPTING TO ELUDE A POLICE OFFICER means any offense as defined in Section 11-204.1 of the Illinois Vehicle Code (625 ILCS 5/11-204.1).
(10) INTERESTED PERSON means the record title holder(s) or lienholder(s) of the motor vehicle as registered with the Secretary of State for the State of Illinois or the particular state where the motor vehicle is otherwise registered. If the motor vehicle is not registered in any state, an INTERESTED PERSON shall be the person who holds legal title of the motor vehicle. In the event the motor vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of
purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of such vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed an
INTERESTED PERSON for the purpose of this subchapter.
(11) MISDEMEANOR OFFENSE means any misdemeanor offense as defined by the Criminal Code of 1961 or the Criminal Code of 2012.
(12) RECKLESS DRIVING means any offense as defined in Section 11-503 of the Illinois Vehicle Code (625 ILCS 5/11-503).
(13) THEFT OFFENSE means any offense in violation of Article 16 or 16A of the Criminal Code of 1961 or the Criminal Code of 2012.
(14) TRAFFIC VIOLATION means any offense as defined by the Illinois Vehicle Code (625 ILCS 5) or the Village of Swansea Code of Ordinances.
(15) Weapons offense means any of the following offenses contained within Article 24 of the Criminal Code of 1961 or the Criminal Code of 2012: 720 ILCS 5/24-1, 24-1.1, 24-1.2, 24-1.25, 24-1.5, 24-1.6, 24-2.1, 24-2.2, 24-3, 24-3.1, 24-3.2, 24-3.3, 24-3.4, 24-3.5, 24-3.6, and 24-3A.
(C) Offenses subject to impoundment and administrative fees.
(1) A motor vehicle operated or used in commission of, or in the attempt to commit, an offense in violation of the Illinois Controlled Substance Act, 720 ILCS 570/100 et seq., or the Cannabis Control Act, 720 ILCS 550/1 et seq., shall be subject to seizure and impoundment under this subchapter. The owner of record of such vehicle, or its agent, shall be liable to the village for a Level 2 administrative fee of $300, in addition to fees for the towing and storage of the vehicle and any other penalties assessed by a court of law for the underlying offense.
(2) A motor vehicle operated or used in the commission of, or in the attempt to commit, a weapons offense shall be subject to seizure and impoundment under this subchapter. The owner of record of such vehicle, or its agent, shall be liable to the village for a Level 2 administrative fee of $300, in addition to fees for the towing and storage of the vehicle and any other penalties assessed by a court of law for the underlying offense.
(3) A motor vehicle operated or used in the commission of, or in the attempt to commit, a theft offense shall be subject to seizure and impoundment under this subchapter. The owner of record of such vehicle, or its agent, shall be liable to the village for a Level 2 administrative fee of $300, in addition to fees for the towing and storage of the vehicle and any other criminal penalties assessed by a court of law for the underlying offense.
(4) A motor vehicle operated or used in the commission of the offense of driving under the influence of alcohol, drugs, and/or intoxicating compounds shall be subject to seizure and impoundment under this subchapter. The owner of record of such vehicle, or its agent, shall be liable to the village for a Level 2 administrative fee of $300, in addition to fees for the towing and storage of the vehicle and any other penalties assessed by a court of law for the underlying offense.
(5) A motor vehicle operated or used in the commission of the offense of driving on a suspended or revoked license, permit, or privilege to operate a motor vehicle shall be subject to seizure and impoundment under this subchapter. The owner of record of such vehicle, or its agent, shall be liable to the village for a Level 2 administrative fee of $300, in addition to fees for the towing and storage of the vehicle and any other penalties assessed by a court of law for the underlying offense.
(6) A motor vehicle operated or used in the commission of the offense of driving on an expired license shall be subject to seizure and impoundment under this subchapter. The owner of record of such vehicle, or its agent, shall be liable to the village for a Level 2 administrative fee of $300, in addition to fees for the towing and storage of the vehicle and any other penalties assessed by a court of law for the underlying offense.
(7) A motor vehicle operated or used in the commission of the offense of driving without a license or permit shall be subject to seizure and impoundment under this subchapter. The owner of record of such vehicle, or its agent, shall be liable to the village for a Level 2 administrative fee of $300, in addition to fees for the towing and storage of the vehicle and any other penalties assessed by a court of law for the underlying offense.
(8) A motor vehicle operated or used in the commission of the offense of fleeing or attempting to elude a police officer shall be subject to seizure and impoundment under this subchapter. The owner of record of such vehicle, or its agent, shall be liable to the village for a Level 2 administrative fee of $300, in addition to fees for the towing and storage of the vehicle and any other penalties assessed by a court of law for the underlying offense.
(9) A motor vehicle operated or used in the commission of the offense of driving a vehicle by person subject to warrant shall be subject to seizure and impoundment under this subchapter. The owner of record of such vehicle, or its agent, shall be liable to the village for a Level 2 administrative fee of $300, in addition to fees for the towing and storage of the vehicle and any other penalties assessed by a court of law for the underlying offense.
(10) A motor vehicle operated or used in the commission of the offense of reckless driving: (a) while the vehicle is part of a funeral procession; or (b) in a manner that interferes with a funeral procession shall be subject to seizure and impoundment under this subchapter. The owner of record of such vehicle, or its agent, shall be liable to the village for a Level 2 administrative fee of $300, in addition to fees for the towing and storage of the vehicle and any other penalties assessed by a court of law for the underlying offense.
(11) A motor vehicle operated or used in the commission of, or in the attempt to commit, a misdemeanor offense not otherwise provided for in this subsection shall be subject to seizure and impoundment under this subchapter. The owner of record of such vehicle, or its agent, shall be liable to the village for a Level 1 administrative fee of $150, in addition to fees for the towing and storage of the vehicle and any other penalties assessed by a court of law for the underlying offense.
(12) A motor vehicle operated or used in the commission of, or in the attempt to commit, a felony offense not otherwise provided for in this subsection shall be subject to seizure and impoundment under this subchapter. The owner of record of such vehicle, or its agent, shall be liable to the village for a Level 2 administrative fee of $300, in addition to fees for the towing and storage of the vehicle and any other penalties assessed by a court of law for the underlying offense.
(13) A motor vehicle subject to seizure and/or impoundment pursuant to any Illinois state statute, regulation, or law not otherwise provided herein shall also be subject to seizure and impoundment under this subchapter. Unless otherwise stated for in this section, the owner of record of such motor vehicle, or its agent, shall not be subject to the imposition of an administrative fee. The owner of record of such motor vehicle, or its agent, however may still be subject to fees for the towing and storage of the vehicle and any other penalties assess by a court of law for the underlying offense.
(14) Where the police make a custodial arrest of the driver of a motor vehicle as the result of a misdemeanor, traffic violation, or on a warrant where the driver’s vehicle is not considered an instrumentality of the crime, the driver’s vehicle shall be subject to seizure and impoundment under this subchapter as an exercise of the police officer’s community caretaking functions if the officer determines that the driver is unable to remove the vehicle from a public location without continuing its illegal operation; the location of the vehicle creates a need for the police to protect the vehicle from theft or vandalization; or the location of the vehicle may jeopardize public safety and the efficient movement of vehicular traffic. The arrestee may give custody of the vehicle to his or her unarrested associates, who are present and capable of taking custody of the vehicle, in lieu of impoundment, provided he or she has the capacity to make that decision.
(Ord. 1822, passed 5-7-2018)