[HISTORY: Adopted by the City Council of the City of Mendota
by Ord. No. 10-19-09; amended in its entirety by Ord.
No. 11-16-09 (Ch. 99 of the 1998 Code). Subsequent
amendments noted where applicable.]
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
Every vehicle which is self-propelled, including, but not
limited to, all automobiles, trucks, vans, motorcycles, and motor
scooters.
The record title holders of the vehicle.
A person "engages in conduct knowingly" if, when a person
engages in conduct, the person is aware of a high probability that
he or she is doing so.
A.
Class 1 offenses leading to seizure and impoundment. A motor vehicle
used in violation of the statutes hereafter set forth shall be subject
to seizure and impoundment under this section and shall be defined
as a Class 1 offense:
(1)
625 ILCS 5/11-204 (Fleeing or attempting to elude a police officer).
(2)
625 ILCS 5/11-204.1 (Aggravated fleeing or attempting to elude a
police officer).
(3)
625 ILCS 5/11-401(a) (Leaving the scene of an accident-death or injury)
or (b) (Leaving the scene-failure to report-felony).
(4)
625 ILCS 5/11-402(a) (Leaving the scene of an accident-vehicle damage).
(5)
625 ILCS 5/11-403 (Failure to give aid or information).
(6)
625 ILCS 5/11-404 (Failure to give information after striking unattended
vehicle or other property).
(7)
625 ILCS 5/11-407 (Failure to report accident to police authority).
(8)
625 ILCS 5/11-501 (DUI).
(9)
625 ILCS 5/11-503 (Reckless driving).
(10)
625 ILCS 5/6-303 (Driving with a Suspended or revoked driver's
license).
(11)
625 ILCS 5/6-101 (Driving with no valid license, but not in
cases where the driver has a valid driver's license but the driver
does not have the license on his or her person or if expired license
under a year).
(12)
625 ILCS 5/3-702 (Suspended or revoked registration plate).
(13)
625 ILCS 5/3-708 (Registration suspended for no insurance).
B.
Class 2 offenses leading to seizure and impoundment. A motor vehicle
used in violation of the statutes hereafter set forth shall be subject
to seizure and impoundment under this section and shall be defined
as a Class 2 offense:
Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this chapter, the police officer shall provide for the towing of the vehicle to a facility controlled by the City or its agents. This section shall not apply if the vehicle was used in the violation of § 310-2 was stolen at the time of the alleged violation and the theft was reported to the appropriate police authorities within 72 hours after the theft was discovered or reasonably should have been discovered.
Within 72 hours after the vehicle is seized and impounded, the
Police Department shall notify the owners of record, or the person
who is found to be in control of the vehicle at the time of the alleged
violation, of the fact of the seizure, the penalty assessed, and his
or her right to request a vehicle impoundment hearing under this chapter.
All notices sent to the City or the owner of record pursuant to this
section shall be provided by certified mail.
A request for a hearing must be made in writing within 14 days
of the seizure and impoundment of any vehicle. When a formal request
for a hearing is made, a bond of $250 for a Class 1 vehicle offense
and bond of $500 for a Class 2 vehicle offense must be made for the
vehicle to be released. The request for a hearing must be made in
writing to the Mendota Police Department. A request for a hearing
may be made either by the owners of record or the person found to
be in control of the vehicle at the time of the alleged violation.
If a request for a hearing is not made within 14 days of the
seizure and impoundment, the vehicle shall be deemed abandoned and
shall be disposed of in a manner provided by law for the disposition
of abandoned vehicles. The vehicle shall not be released to the owners
of record or to the person found to be in control of the vehicle at
the time of the alleged violation until the penalty of $250 (Class
1 offense) or $500 (Class 2 offense) is paid to the City, and only
after the applicable towing and storage fees have been paid to the
towing agent.
Upon receiving a written request for a hearing and posting of
bond, a hearing shall be held as soon as possible in the Circuit Court
of LaSalle County at the regularly scheduled Mendota court date. All
interested persons shall be given a reasonable opportunity to be heard
at the hearing. The formal rules of evidence will not apply at the
hearing.
A.
The owner of the motor vehicle, or the person in control, may waive
his right to a hearing under this chapter by agreeing and stipulating
in writing that the seized motor vehicle was being used in violation
of this chapter. Once the stipulation is signed and penalty is paid,
the seized vehicle will be released after any applicable towing and
storage fees are paid to the towing agent.
B.
If, after a hearing, the court determines by a preponderance of the
evidence that a violation for which a penalty is applicable under
this chapter has occurred, the judge shall enter an order finding
the operator of the vehicle guilty of violating this chapter and shall
be liable to the City for a penalty of $250 (Class 1 offense) or $500
(Class 2 offense), and also liable to the agent for any applicable
towing and storage fees. If the operator of the vehicle fails to appear
at the hearing, the judge may enter a default order in favor of the
City requiring payment to the City of a penalty in the amount of $250
(Class 1 offense) or $500 (Class 2 offense) as well as payment to
the towing agent of any applicable towing and storage fees. If the
judge finds that no such violation occurred, the judge shall order
the immediate return of the vehicle to the owner of record.
A penalty imposed pursuant to this chapter shall constitute
a debt due and owing the City. A vehicle impounded pursuant to this
chapter shall remain impounded until:
A.
The penalty of $250 (Class 1 offense) or $500 (Class 2 offense) is
paid to the City and all applicable towing and storage fees are paid
to the towing agent, in which case the owner of record shall be given
possession of the vehicle;
B.
A bond in the amount of $250 (Class 1 offense) or $500 (Class 2 offense)
is posted with the City Police Department and all the applicable towing
and storage fees are paid to the agent, at which time the vehicle
will be released to the owner of record; or
If a bond in the amount of $250 (Class 1 offense) or $500 (Class
2 offense) is posted with the City Police Department, the impounded
vehicle shall be released to the owner of record. If a $250 (Class
1 offense) or $500 (Class 2 offense) penalty is imposed for violation
of this chapter, the $250 (Class 1 offense) or $500 (Class 2 offense)
bond will be forfeited to the City; however, in the event a violation
of this chapter is not proved by a preponderance of the evidence,
the $250 (Class 1 offense) or $500 (Class 2 offense) bond will be
returned to the person posting the bond. All bond money will be held
by the Circuit Court Clerk of LaSalle County until the Circuit Court
issues a decision on whether the administrative penalty is due.
If the penalty and applicable towing and storage fees are not
paid within 80 days after a penalty is imposed pursuant to this chapter,
the vehicle shall be deemed abandoned and shall be disposed of in
the manner provided by law for the disposition of abandoned vehicles.
All penalties collected and retained by the City for a violation
of this section shall be deposited with the City Treasurer. The funds
will be directed to the Police Department for equipment and operational
usage.
