(A) The owner of record of such motor vehicle subject to seizure and impoundment shall be liable to the city for an administrative fee of $200 in addition to any towing and storage charges. In cases where the owner of record is indigent and presents sufficient information to ascertain assets and liabilities demonstrating an unreasonable hardship or peculiar difficulties, the amount of the administrative fee may be modified by the Chief of Police or designee. This article is in addition to and shall not replace or otherwise abrogate any existing state or federal laws or any ordinance that relates to the seizure and/or impoundment of motor vehicles, and any fee in this article shall be in addition to any and all penalties that may be assessed or imposed by a court for any criminal charges.
(B) (1) This section shall not apply:
(a) If the motor vehicle used in the violation was stolen at that time and the theft was reported to the appropriate police authorities within 24 hours after the theft was discovered;
(b) If the motor vehicle is operating as a common carrier and the violation occurs without the knowledge of the person in control of the motor vehicle; or
(c) If the motor vehicle is subject to successful forfeiture proceedings under ILCS Ch. 725, Act 150, §§ 1 et seq., the Drug Asset Forfeiture Procedure Act, ILCS Ch. 720, Act 5, §§ 136-1 et seq., the Seizure and Forfeiture of Vessels, Vehicles and Aircraft Act, or state or federal forfeiture laws.
(2) For purposes of this subchapter, the OWNER OF RECORD or OWNER of a motor vehicle is the record title holder as registered with the Secretary of State, State of Illinois or a lessee who has possession, use, control and responsibility of the vehicle.
(Ord. 2011-22, passed 12-19-2011)