(A) The administrative fees established by this subchapter are to be paid by the registered owner, or the agents of the registered owner, of the vehicle involved in the incident leading to custodial arrest regardless of whether that person was operating the vehicle at the time of the incident. Vehicles towed by the Swansea Police Department for any reason other than those listed above shall be released to the registered owner with no administrative fee charged by the village. The person purporting to be the registered owner must present proof of ownership, current proof of insurance, and possess a valid driver’s license prior to release.
(B) For the purposes of this subchapter, the administrative fee shall be waived by the village:
(1) Upon verifiable proof that the vehicle used in the violation was stolen at the time it was impounded; or
(2) If the vehicle was operating as a common carrier including, but not limited to taxicabs or buses, and the violation occurred without the knowledge of the person in control of the vehicle.
(C) Unless stayed by a court of competent jurisdiction, any administrative fee imposed under this subchapter which remains unpaid in whole or in part after the expiration of the deadline for seeking judicial review under the Administrative Review Law may be enforced in the same manner as a judgment entered by a court of competent jurisdiction.
(D) This subchapter incorporates Sections 4-201 through 4-214.1 of the Illinois Vehicle Code (625 ILCS 5/4-201 through 4-214.1) to the extent that they are consistent. Where a provision of this subchapter differs from Sections 4-201 through 4-214.1 of the Illinois Vehicle Code, the provisions of this subchapter shall be controlling. Enforcement and administration of this subchapter shall be consistent with the policies and procedures of Section 4-201 through 4-215 of the Illinois Vehicle Code (625 ILCS 5/4-201 through 4-215) to the extent that said policies and procedures do not directly conflict with the provisions of this subchapter.
(E) In the event a judgment of “Not Guilty” is entered by a court of competent jurisdiction on all underlying charges that could have resulted in the impoundment of a motor vehicle, then within 30 days of presentation of a certified copy of said judgment to the village, any administrative fees or posted bonds obtained by the village shall be refunded to the paying party.
(Ord. 1822, passed 5-7-2018)