(A) The owners of record of any motor vehicle shall be liable to the city for an administrative penalty in the amount of $500, plus any applicable towing and storage fees payable to a towing agent, whenever any such motor vehicle is used in the commission of any of the following offenses:
(1) The knowing possession of more than ten grams of cannabis as provided in § 4 of the Cannabis Control Act (ILCS Ch. 720, Act 550, § 4) or the knowing possession of a controlled substance in violation of § 402 of the Illinois Controlled Substances Act (ILCS Ch. 720, Act 570, § 402).
(2) Driving under the influence of alcohol, drugs and/or intoxicating compounds in violation of § 11-501 of the Illinois Vehicle Code (ILCS Ch. 625, Act 5, § 11-501).
(3) Driving at a time when the driver's license, permit or privilege to operate a motor vehicle is suspended or revoked in violation of § 6-303 of the Illinois Vehicle Code (ILCS Ch. 625, Act 5, § 6-303).
(4) Fleeing or attempting to elude a police officer in violation of § 11-204 of the Illinois Vehicle Code (ILCS Ch. 625, Act 5, § 11-204).
(5) The commission of an offense involving a weapon in violation of article 24 of the Criminal Code of 1961 (ILCS Ch. 720, Act 5, §§ 24-1 et seq.).
(6) Driving without a valid driver's license or permit as provided in § 6-101 of the Illinois Vehicle Code (ILCS Ch. 625, Act 5, § 6-101). The only exception to this provision shall be if the driver has a valid graduated driver's license as defined in § 6-107 of the Illinois Vehicle Code (ILCS Ch. 625, Act 5, § 6-107).
(7) Any motor vehicle used in the commission of any such violation shall be subject to seizure and impoundment as provided in this section.
(B) For purposes of this section, a motor vehicle is not considered to have been used in a violation that would render such motor vehicle eligible for seizure and impoundment if:
(1) The motor vehicle used in the violation was stolen at the time and the theft was discovered or reasonably should have been discovered;
(2) The motor vehicle was operating as a common carrier and the violation occurred without the knowledge of the person in control of the motor vehicle; or
(3) The alleged owner of record provides adequate proof that the motor vehicle had been sold to another person prior to the violation.
(Ord. 2011-MC01, passed 4-25-2011)