[HISTORY: Adopted by the Board of Trustees of the Village
of Westville 9-13-2011 by Ord.
No. 11-1410 (Ch. 25, Art. VI, of the 2015 Code).
Amendments noted where applicable.]
[Amended 7-28-2015 by Ord. No. 15-1455; 3-8-2016 by Ord. No. 16-1463]
A motor vehicle which is used in the commission of or in conjunction
with the commission of any of the offenses described herein shall
be declared a public nuisance and shall be subject to seizure and
impoundment pursuant to this chapter:
A.
The driver or any other person within the motor vehicle commits an
act of prostitution or solicitation for prostitution in violation
of the Illinois Criminal Code, 720 ILCS 5/11-14.3 or 11-14.4;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
C.
The driver or any other person within the motor vehicle is in possession
of or has consumed alcoholic beverages in violation of the Illinois
Liquor Control Act, 235 ILCS 5/6-20;
D.
The driver or any other person within the motor vehicle commits a
violation of the Illinois Criminal Code 720 ILCS 646, the Methamphetamine
Control and Community Protection Act;
E.
The driver or any other person within the motor vehicle commits a
violation of the Illinois Criminal Code, 720 ILCS 5/24-1.5, entitled
"Reckless Discharge of a Firearm";
G.
The driver or any other person within the motor vehicle commits a
violation of the Illinois Controlled Substances Act, 720 ILCS 570/100
et seq.;
H.
The driver or any other person in possession of a motor vehicle commits
a violation of the Illinois Motor Vehicle Code, 625 ILCS 5/12-611,
entitled "Sound Amplification Systems";
I.
The driver or other person in control of a motor vehicle commits
a violation of the Illinois Vehicle Code, 625 ILCS 5/4-104(a)1 through
5, by violating the provisions relating to possession of titles and
registration; or 625 ILCS 5/3-707, operating the vehicle without insurance;
or 625 ILCS 5/12-602, operating the vehicle with a muffler that allows
excessive or unusual noise; or 625 ILCS 5/3-702, operating a motor
vehicle when the registration has been cancelled, suspended or revoked;
or 625 ILCS 5/3-708, operating a motor vehicle when the registration
has been suspended for noninsurance; or 625 ILCS 5/3-710, displaying
false evidence of insurance; or 625 ILCS 5/11-401, failing to stop
after an accident involving death or personal injuries; or 625 ILCS
5/11-402, failure to stop after an accident in which a motor vehicle
sustains damage; or 625 ILCS 5/11-403, failure to give information
or render assistance after a motor vehicle accident; or 625 ILCS 5/11-404,
failure to stop and notify the owner after a property damage accident;
or 625 ILCS 5/11-406, failure to submit a written report involving
a motor vehicle accident; or 625 ILCS 5/11-407, failure to give notice
of an accident where no police officer is present; or 625 ILCS 5/11-409,
giving false information regarding a motor vehicle accident;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
J.
The driver or any other person within the motor vehicle commits a
violation of 720 ILCS 5/31-1, resisting a peace officer, or 720 ILCS
5/12-2 or 5/12-3.05, aggravated assault or battery to a peace officer;
K.
The driver or any passenger within the motor vehicle is in possession
of or has consumed an alcoholic beverage in violation of local or
state statutes, laws or regulations;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
M.
A violation of 625 ILCS 5/6-303, driving while driver's license,
permit or privilege to operate a motor vehicle is suspended or revoked,
as amended, except where said violation is in regard to a person whose
driver's license, permit or privilege to operate a motor vehicle is
suspended only for a violation of the emissions inspection laws as
set forth in 625 ILCS 5/13C-1 et seq., as amended;
N.
A violation of 625 ILCS 5/11-204, fleeing or attempting to elude
a peace officer, as amended; 625 ILCS 5/11-501, driving under the
influence of alcohol, other drug or drugs, intoxicating compound or
compounds or any combination thereof, as amended; 625 ILCS 5/11-503,
reckless driving or aggravated reckless driving, as amended; or 625
ILCS 5/11-506, street racing, as amended, or the stopping of a person
against whom a warrant has been issued by a Circuit Court for failing
to appear to answer charges that the person was:
O.
A violation of 720 ILCS 5/11-6, indecent solicitation of a child,
as amended; 720 ILCS 5/12-2, aggravated assault, as amended; 720 ILCS
5/12-4, aggravated battery, as amended;
P.
A violation of 720 ILCS 5/12-4.2, aggravated battery with a firearm,
as amended; 720 ILCS 5/12-3.05, aggravated battery, as amended; 720
ILCS 5/16-25, retail theft, as amended, when the value of the merchandise
exceeds $300; 720 ILCS 5/18-1, robbery, as amended; 720 ILCS 5/18-2,
armed robbery), as amended; 720 ILCS 5/19-1, burglary, as amended;
720 ILCS 5/19-3, residential burglary, as amended; 720 ILCS 5/20-1,
arson, as amended; 720 ILCS 5/20-1.1, aggravated arson, as amended;
720 ILCS 5/20-2, possession of explosives or explosive or incendiary
devices, as amended; 720 ILCS 5/21-1, criminal damage to property,
as amended; or 720 ILCS 5/25-1, mob action, as amended;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Q.
A violation of 720 ILCS 570/401, manufacture or delivery of a controlled
substance, as amended; 720 ILCS 570/401.1, controlled substance trafficking,
as amended; or 720 ILCS 570/402, possession of a controlled substance,
as amended;
R.
A violation of 720 ILCS 550/4(c), possession of more than 30 grams
of any substance containing cannabis, as amended; 720 ILCS 550/5,
manufacture or delivery of cannabis, as amended; 720 ILCS 550/5.1,
cannabis trafficking, as amended; 720 ILCS 550/5.2, delivery of cannabis
on school grounds, as amended; or 720 ILCS 550/8, unauthorized production
or possession of cannabis sativa plant, as amended;
S.
A violation of 720 ILCS 5/24-1, unlawful use of weapons, as amended;
720 ILCS 5/24-3.1, unlawful possession of firearms and firearm ammunition,
as amended; or 720 ILCS 5/24-3.3, unlawful sale or delivery of firearms
on the premises of any school, as amended; however, this subsection
shall not apply when any of the exemptions set forth in 720 ILCS 5/24-2,
as amended, are met;
T.
A violation of 720 ILCS 5/11-14, prostitution, as amended; 720 ILCS
5/11-14.1, solicitation of a sexual act, as amended; 720 ILCS 5/11-15.1,
soliciting for a juvenile prostitute, as amended; 720 ILCS 5/11-18,
patronizing a prostitute, as amended; or 720 ILCS 5/11-18.1, patronizing
a juvenile prostitute, as amended;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
U.
The motor vehicle is otherwise subject to seizure and impoundment
pursuant to 720 ILCS 5/36-1, seizure, as amended; or
V.
A violation of 625 ILCS 5/6-101, drivers must have licenses or permits,
as amended.
This chapter shall not apply:
A.
If the motor vehicle used in the violation was stolen at the time
and the theft was reported to the appropriate police authorities within
24 hours after the theft was discovered or reasonably should have
been discovered.
B.
If the motor vehicle is operating a common carrier and the violation
occurs without the knowledge of the person in control of the motor
vehicle.
Whenever a police officer has probable cause to believe that
a motor vehicle is subject to seizure and impoundment pursuant to
this chapter, the police officer shall provide for the towing of the
motor vehicle to a facility controlled by the Village or its agents.
Before or at the time the vehicle is towed, the police officer shall
notify any person identifying himself as the owner of the vehicle,
or any person who is found in control of the vehicle at the time of
the alleged violation, of the fact of the seizure and of the owner's
right to request a vehicle impoundment hearing, and of the owner's
right to post a cash bond to recover the vehicle.
A.
Whenever the owner of record of a motor vehicle seized and impounded
pursuant to this chapter desires to retrieve the motor vehicle prior
to the evidentiary hearing, the owner may do so by posting a cash
bond at the office of the Village Clerk or the legal department of
the City of Danville, in the amount indicated herein. Once the bond
has been posted and the towing and storage fees paid, the motor vehicle
shall be released until the evidentiary hearing is held by the Village
Code Hearing Department. The amount of bond shall be $300.
B.
If a motor vehicle may be subject to forfeiture pursuant to the Drug
Asset Forfeiture Procedure Act (725 ILCS 150/1 et seq.), or any other
state or federal law concerning the forfeiture of property, said vehicle
shall not be released by the posting of the bond described in this
section.
A.
If the owner of record of a vehicle seized pursuant to this chapter
desires to appeal the seizure, said owner must make a request for
a vehicle impoundment hearing no later than the next business day
after the seizure. Said request shall be in writing and filed with
the City of Danville Code Hearing Department. If the request is timely
filed, a Hearing Officer of the City shall conduct such hearing within
72 hours after the request, excluding Saturdays, Sundays and holidays.
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 and hearsay evidence shall be admissible. If, after
the hearing, the Hearing Officer determines there is probable cause
to believe that the vehicle is subject to seizure and impoundment
pursuant to this chapter, the Hearing Officer shall order the continued
impoundment of the vehicle until the full evidentiary hearing pursuant
to this section, unless the vehicle owner posts the applicable cash
bond, and a notice of such full evidentiary hearing shall be given
to the vehicle owner.
B.
Unless the vehicle owner has received a notice, after a hearing held pursuant to Subsection A above, within 10 days after a motor vehicle is seized and impounded pursuant to this chapter, the City of Danville Code Hearing Department shall notify, by certified mail, return receipt requested, the owner of record of the date, time and location of a full evidentiary hearing concerning the seizure and impoundment. Such hearing shall be scheduled and held, unless continued by order of the Hearing Officer, no later than 30 days after the motor vehicle was seized. All interested persons shall be given a reasonable opportunity to be heard at the hearing.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
If, after the hearing set forth in Subsection B above, the Hearing Officer determines by a preponderance of evidence that the motor vehicle was used in the commission of or in conjunction with any of the offenses described in § 330-1 and that none of the exceptions set forth in § 330-2 applies, then the Hearing Officer shall enter an order finding the owner of record of the motor vehicle civilly liable to the City and impose the penalties set forth in this chapter. If the Hearing Officer determines that no such violation occurred, the Hearing Officer shall order the return of the motor vehicle and/or any cash bond posted and towing and storage fees paid.
D.
In the event that the owner of record desires to appeal the decision
of the Hearing Officer under the provisions of the Illinois Administrative
Review Act (735 ILCS 5/3-101 et seq.), he shall pay the costs of the
preparation and transcription of the record of the hearing.
[Amended 7-28-2015 by Ord. No. 15-1455; 3-8-2016 by Ord. No. 16-1463]
A.
Whenever a motor vehicle is used in the commission of or in conjunction with any of the offenses described in § 330-1, the motor vehicle may be impounded and the owner of record of the motor vehicle shall be liable for an administrative penalty in the amount of $500 for the first offense and any applicable towing and storage fees and the amount of $750 for the second offense or any subsequence offense and any applicable towing and storage fee.
B.
Costs. In addition to a fine or other penalties imposed pursuant
to this chapter, the owner of record shall be ordered to pay the costs
and fees incurred by the Village in prosecuting the violation, which
shall include, but not be limited to, the costs associated with an
administrative adjudication proceeding or court proceeding, and reasonable
attorney's fees.
C.
If a penalty is imposed pursuant to this chapter, such penalty shall
constitute a debt due and owing to the Village. The owner of record's
obligation to pay such debt to the Village shall be independent of
the Village's return of any impounded motor vehicle. If a bond has
been posted, the Hearing Officer shall enter an order deducting from
the bond so posted any fines and fees imposed pursuant to this chapter.
D.
Except as otherwise provided in this chapter, an impounded motor
vehicle shall be returned to the owner of record, or other person
who is legally entitled to possess the motor vehicle, upon his or
her payment to the Village of the penalty or penalties imposed pursuant
to this chapter, including the towing and storage fees, unless the
motor vehicle has been sold or otherwise disposed of to satisfy a
judgment or enforce a lien as provided by law.
E.
Notwithstanding any other provisions of this chapter, whenever a
person with a lien of record against a motor vehicle impounded under this
chapter has commenced foreclosure or repossession proceedings, possession
of the motor vehicle shall be given to that person, but only upon
agreeing, in writing, to refund to the Village the net proceeds of
any sale of the motor vehicle, less any amounts necessary to pay all
lien holders of record, up to the total amount of penalties imposed
pursuant to this chapter which are outstanding.
Any motor vehicle which is not reclaimed within 30 days after
expiration of the time during which the owner of record may seek judicial
review of the Village's actions pursuant to this chapter, or the time
at which a final judgment is rendered in favor of the Village, or
the time a final administrative hearing is entered against an owner
of record who is found in default, may be disposed of as an unclaimed
motor vehicle as provided by law.
If any provision or part of this chapter shall be found unconstitutional
or outside the corporate powers of the Village, the remaining provisions
shall continue in full force and effect.
