[Added 4-26-2012 by Ord.
No. 928]
For the purpose of this article, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
Any substance as defined and included in the schedule contained in Article II of the Illinois Controlled Substance Act (720 ILCS 570/201 et seq.) and cannabis as defined in § 1 of the Cannabis Control Act (720 ILCS 550/1 et seq.).
Any equipment, product, and/or materials as defined in § 2
of the Drug Paraphernalia Act (720 ILCS 600/2).
Any violation as defined in § 11-501 of the Illinois
Vehicle Code (625 ILCS 5/11-501).
Any violation as defined in § 6-303 of the Illinois
Vehicle Code (625 ILCS 5/6-303).
A licensed attorney who is not an officer or employee of
the City.
A violation of § 6-101 of the Illinois Vehicle
Code, as amended from time to time (625 ILCS 5/6-101).
The record title holder to a motor vehicle as registered
with the Secretary of State, State of Illinois.
A violation of § 24-1 of the Criminal Code of 2012
(720 ILCS 5/24-1).
[Amended 2-6-2017 by Ord.
No. 994]
[Amended 2-6-2017 by Ord.
No. 994; 12-19-2022 by Ord. No. 1056]
A.
A motor vehicle, operated by its owner or by another with permission,
express or implied, of the owner of record, shall be subject to seizure
and impoundment by the City or authorized towing company under this
article where such motor vehicle used in any of the following:
(1)
Operation or use of a motor vehicle in the commission of, or in the
attempt to commit, an offense for which a motor vehicle may be seized
and forfeited pursuant to Section 36-1 of the Criminal Code of 2012
(720 ILCS 5/26-1);
(2)
Driving under the influence of alcohol, another drug or drugs, an
intoxicating compound or compounds, or any combination thereof, in
violation of Section 11-501 of the Illinois Vehicle Code (625 ILCS
5/11-501); or
(3)
Operation or use of a motor vehicle in the commission of, or in the
attempt to commit, a felony in violation of the Cannabis Control Act
(720 ILCS 550/1);
(4)
Operation or use of a motor vehicle in the commission of, or in the
attempt to commit, an offense in violation of the Illinois Controlled
Substances Act (720 ILCS 570/1 et seq.);
(5)
Operation or use of a motor vehicle in the commission of, or in the
attempt to commit, an offense in violation Section 24-1, 24-1.5, or
24-3.1 of the Criminal Code of 2012 (720 ILCS 5/24-1, 5/24-1.5, or
5/24-3.1);
(6)
Driving while a driver's license, permit or privilege to operate
a motor vehicle is suspended or revoked pursuant to 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;
(7)
Operation or use of a motor vehicle while soliciting, possessing,
or attempting to solicit or possess cannabis or a controlled substance,
as defined by the Cannabis Control Act (720 ILCS 550/1 et seq.) or
the Illinois Controlled Substances Act (720 ILCS 570/1 et seq.);
(8)
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;
(9)
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 ILCS 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;
(10)
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, 5/6-303, or
5/11- 501);
(11)
Operation or use of a motor vehicle in the commission of, or
in the attempt to commit, an offense in violation of Article 16 or
16A of the Criminal Code of 2012 (720 ILCS 5/16-0.1 et seq.);
(12)
Operation or use of a motor vehicle in the commission of, or
in the attempt to commit, any other misdemeanor or felony offense
in violation of the Criminal Code of 2012;
B.
The owner of record of a vehicle, or agent of said owner of a vehicle which is used in connection with any of the violations set forth in this § 288-16, shall be liable to the City for an administrative fee of $400, in addition to any towing and storage fees charged by the authorized towing company.
[Amended 12-19-2022 by Ord. No. 1056]
A.
Procedures. Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this article, the police officer shall cause the motor vehicle to be towed to a facility authorized by the City. When the vehicle is towed, the police officer shall notify or make a reasonable attempt to notify any person identifying himself or herself as the owner of the vehicle or any person who is found to be in control of the vehicle at the time of the alleged violation, if there is such a person, of the fact of the seizure and of the vehicle owner's right to a preliminary hearing within 24 hours of the seizure as provided in this article and that the vehicle will remain impounded unless a bond in the amount of $400 is posted pursuant to § 288-18 or a decision is made under § 288-19 or 288-20 that the vehicle is not subject to impoundment.
B.
Exceptions. The provisions of this section shall not apply if, at
the time of the offense, the vehicle was found to have been stolen
and the theft was reported to the appropriate police authority within
24 hours after the theft was, or reasonably should have been discovered,
or if the vehicle is common carrier, i.e., a taxi carrying paying
passengers or a bus.
[Amended 2-6-2017 by Ord.
No. 994; 12-19-2022 by Ord. No. 1056]
If a bond in the amount of $400 is posted with the City, the impounded vehicle will be released to the owner of record, upon the payment by the owner of record of the towing and storage costs. If a penalty is imposed for a violation of this chapter, the bond will be forfeited to the City; provided that in the event that a violation of this chapter is not proven, the bond will be returned to the person posting the bond. All bond money posted pursuant to this article will be held by the City until the deadline to hold a hearing under § 288-19 or 288-20 has expired, the hearing officer issues a decision, or, if there is a judicial review pursuant to § 288-24, until the court issues its final decision.
[Amended 2-6-2017 by Ord.
No. 994; 12-19-2022 by Ord. No. 1056]
Within 24 business hours after the seizure of the motor vehicle,
a City official must conduct a preliminary hearing, not including
Saturdays, Sundays, or legal holidays. Notice of such a hearing shall
be provided to the driver of the vehicle or owner of record at the
time of the alleged violation. For purposes of this section, the following
shall apply:
A.
All interested persons will be given a reasonable opportunity to
be heard at the preliminary hearing.
B.
The preliminary hearing may be recorded. The formal rules of evidence
will not apply at the hearing, and hearsay testimony will be allowed
and will be admissible only if it is the type commonly relied upon
by reasonably prudent persons in the conduct of their affairs. Persons
appearing at the preliminary hearing may be represented by counsel
at their expense.
C.
If, after the conclusion of the hearing, the City official determines that there is probable cause to believe that the vehicle was used as provided in § 288-16, above, the City official shall order the continued impoundment of the vehicle, unless the owner of the vehicle posts a cash bond with the City in the amount of $400, plus the towing and storage costs.
[Amended 2-6-2017 by Ord.
No. 994; 12-19-2022 by Ord. No. 1056]
A.
Notice of hearing. Unless the owner of vehicle has waived notice,
within 10 days of the vehicle's impoundment, the City shall notify
the owner of record of the motor vehicle by first class mail, postage
prepaid, of his/her right to a full hearing before a hearing officer
to determine whether the subject vehicle is eligible for impoundment.
B.
The City shall notify the owner of record of the motor vehicle by
first class mail, postage prepaid, of the date, time, and location
of the hearing. If known to the City, the City shall also notify any
lessees or lienholders of the date, time, and location of the hearing
by first class mail.
C.
Hearing. For purposes of this section, the following shall apply
to the owner's hearing:
(1)
Unless continued by order of the hearing officer, or agreement of
the owner and city, the hearing shall be held within 45 days after
notice is provided to the owner of such hearing.
(2)
All interested persons will be given a reasonable opportunity to be heard at the owner's hearing. The owner's hearing shall be recorded and conducted by a "hearing officer" as defined in § 288-15 of this article and appointed pursuant to § 288-23 of this article. Persons appearing at the hearing may be represented by counsel at their expense.
(3)
The owner of record of the impounded vehicle shall appear at this
owner's hearing and enter a plea of guilty or not guilty. If
a plea of guilty is entered, the cause will be disposed of at that
time. If the owner of record of the impounded vehicle enters a plea
of not guilty, the owner's hearing will go forward unless continued
by the hearing officer. If continued, the owner's hearing shall
be held within 45 days of the continuance.
(4)
If the owner of record fails to appear at the hearing, the hearing
officer shall enter a written order of default in favor of the City,
which order shall require the payment to the City of an administrative
penalty of $400.
(5)
At any time prior to the hearing date, the hearing officer may, at
the request of either party, or on his or her own initiative, direct
witnesses to appear and give testimony at the owner's hearing.
The formal rules of evidence will not apply at the owner's hearing
and hearsay evidence shall be admissible only if it is the type commonly
relied upon by reasonably prudent people in the conduct of their affairs.
(6)
If, after the conclusion of the hearing, the hearing officer determines by a preponderance of the evidence that the vehicle was used in the commission of an offense described in § 288-16, above, the hearing officer shall issue a written decision ordering the continued impoundment of the vehicle until the owner of the vehicle pays to the City a penalty in the amount of $400, plus the towing and storage costs. The penalty shall be a debt due to the City.
(7)
If the hearing officer determines that the vehicle was not used in the commission of an offense described in § 288-16, the hearing office shall issue a written decision so stating and the motor vehicle will be returned to the owner of record of the vehicle without any penalty or other costs and, if a cash bond had previously been posted, the cash bond shall be returned.
[Amended 2-6-2017 by Ord.
No. 994; 12-19-2022 by Ord. No. 1056]
If the administrative penalty and applicable towing and storage fees are not paid within 35 days after the expiration of the time in which administrative review of the hearing officer's determination may be sought, pursuant to § 288-24 of this article, or within 30 days after an action seeking administrative review has been resolved in favor of the City, whichever is applicable, the vehicle shall be deemed unclaimed and shall be disposed of in the manner provided by law for the disposition of unclaimed vehicles under the Illinois Vehicle Code.
[Amended 12-19-2022 by Ord. No. 1056]
A.
The owner of record of a motor vehicle that is seized or impounded
shall be liable to the City for a penalty of $400, in addition to
any fees for the towing and storage of the motor vehicle.
B.
Fees for towing and storage are established by the towing company,
and not by the City.
C.
Term of impoundment.
(1)
A vehicle impounded pursuant to this article shall remain impounded
until the earlier of the following occurs:
(a)
The penalty owed by the owner of record is paid to the City,
and all towing and storage costs are paid to the towing company; or
(b)
A bond equal to the liability of the owner as herein provided in Subsection A above is posted with the City and all applicable towing and storage costs are paid to the towing company; or
(c)
The vehicle is deemed abandoned, in which case the vehicle shall
be disposed of in the manner provided by law for the disposition of
abandoned or unclaimed vehicles.
(2)
Except as otherwise specifically provided by law, no owner of record,
lessee, lienholder, or any other person shall be legally entitled
to take possession of a motor vehicle impounded under this article
until the penalty and all towing and storage costs applicable under
this article have been paid in full.
(3)
Whenever a person or other entity with a lien of record against an
impounded vehicle has proof of commenced foreclosure or repossession
proceedings, and also provides the City with a hold-harmless letter,
possession of the vehicle shall be given to that lienholder upon payment
of bond and all towing and storage costs.
[Amended 12-19-2022 by Ord. No. 1056]
The hearing officer shall be appointed by the City Administrator.
The hearing officer shall be an attorney licensed to practice law
in the State of Illinois for a minimum oft hree years next preceding
the date of his appointment.
[Amended 12-19-2022 by Ord. No. 1056]
Any party aggrieved by a final decision of the hearing officer
may appeal that decision pursuant to the Illinois Administrative Review
Act (735 ILCS 5/1-101 et seq.).
