[Added 10-13-2014 by Ord. No. 2014-8]
[Amended 8-22-2016 by Ord. No. 2016-7]
A. 
Impoundment. An officer may cause the tow and impoundment of a motor vehicle for which he has probable cause to believe was used in connection with any of the following violations subjecting the vehicle to impoundment, and the owner of record of said vehicle, or the owner's agents, shall be liable to the City for an administrative and processing fee of $300 in addition to any towing and storage fees:
B. 
Violations:
(1) 
Driving under the influence of alcohol, other drug or drugs, intoxicating compounds, or any combination thereof in violation of 625 ILCS 5/11-501;
(2) 
Operation or use of a motor vehicle in the commission or attempted commission of a felony or in violation of the Illinois Cannabis Control Act (720 ILCS 550/1 et seq.);
(3) 
Operation or use of a motor vehicle in connection with the commission or attempted commission of any offense in violation of the Illinois Controlled Substances Act, 720 ILCS 570/100 et seq.;
(4) 
Operation or use of a motor vehicle in connection with the commission or attempted commission of the offense of unlawful use of a weapon in violation of 720 ILCS 5/24-1; aggravated discharge of a firearm in violation of 720 ILCS 5/24-1.5; and unlawful possession of a firearm and firearm ammunition in violation of 720 ILCS 5/24-3.1 of the Criminal Codes of 1961 and 2012;
(5) 
Driving while driver's license, permit or privilege to operate a motor vehicle is suspended or revoked, the violation of 625 ILCS 5/6-303; except that vehicles shall not be subject to seizure or impoundment if the suspension is for an unpaid citation (parking or moving), or due to failure to comply with emission testing;
(6) 
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 or the Illinois Controlled Substances Act; provided, however, that a violation of Section 4(a) of the Cannabis Control Act [720 ILCS 550/4(a)] which decriminalizes the possession of not more than 10 grams of any substance containing cannabis shall not serve as a basis for the towing or impoundment of a motor vehicle under authority of this section;
(7) 
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, where the period of expiration is greater than one year;
(8) 
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;
(9) 
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 the offenses of: driving while license is revoked or suspended, 625 ILCS 5/6-303; operating a motor vehicle without a valid driver's license, 625 ILCS 5/6-101; and/or driving under the influence of alcohol, other drugs, intoxicating compound(s), or a combination thereof, 625 ILCS 5/11-501:
(10) 
Operation or use of a motor vehicle in connection with the commission or attempted commission of any other felony offense in violation of the Criminal Code of 2012;
(11) 
Fleeing and eluding in violation of 625 ILCS 5/11-204 or 625 ILCS 5/11-204.1; or
(12) 
Operation or use of a motor vehicle in connection with leaving the scene of an accident involving personal injury or property damage in violation of 625 ILCS 5/11-401, 625 ILCS 5/11-402 or 625 ILCS 5/11-403.
A. 
This article shall not replace or otherwise abrogate any existing state or federal laws or City ordinances.
B. 
The owner [or his agent(s)] shall be subject to all fees set forth in this article in addition to any penalties that may be assessed by a court of law for the underlying violations.
C. 
This article shall not apply to a vehicle which was stolen at the time of impoundment so long as the theft was reported to appropriate police authorities within 24 hours of its discovery.
D. 
Fees for towing and storage of a vehicle under this article shall be those approved by the Chief of Police and shall be uniform for all similarly situated vehicles. Such fees shall be in addition to: 1) any other penalties assessed relating to the underlying activities giving rise to the tow/impound; or 2) arising from the towing or storage, or both.
E. 
Vehicles shall not be impounded where applicable law does not specifically provide for the seizure and towing of the vehicle and an authorized, lawful and unimpaired driver is available to promptly remove the vehicle from the location of an arrest.
Whenever a police officer has probable cause to believe that a vehicle is subject to tow and impoundment pursuant to this article, the officer shall provide for the towing of the vehicle by a wrecker licensed as authorized by the City Code. At the time the vehicle is towed, the officer shall notify or make a reasonable attempt to notify the owner, lessee, or person identifying himself or herself as the owner or lessee of the vehicle, or any person who is found to be in control of the vehicle at the time of the alleged offense, of the fact of the seizure, and of the vehicle owner's, the agent's, the lessee's, or lienholder's right to an administrative hearing. The officer shall inform any present owner and/or person in control of the vehicle of that person's right to request a hearing to be conducted under this article. The officer shall also provide notice that the motor vehicle will remain impounded pending the completion of an administrative hearing, unless the owner or lessee of the vehicle or a lienholder posts with the municipality a bond equal to the amount of $300 plus all accrued towing and storage charges. The Police Department shall hold the cash bond, and accrued towing and storage charges, in escrow until such time as a final determination is made with respect to the administrative hearing.
The owner, lessee, or lienholder who wishes a hearing convened to challenge the propriety of impoundment under this article must, within five days from the date the car was towed/and impounded, submit a written request to the Chief of Police that a hearing be convened. The date of the request shall be the date it is received at the Police Department. Anyone entitled to a hearing pursuant to this article or other law who fails to submit a timely request for hearing shall be deemed to have forfeited his/her right to such a hearing. In such a case, the impoundment shall be considered valid upon the sixth day following impound as if a hearing officer had sustained the impoundment.
After receiving a timely request for hearing under this article, and within ten days after a vehicle is towed/impounded pursuant to this article, a representative of the City shall serve written notice to the owner or lessee and any lienholder of record of such vehicle either by personal delivery at or by first class mail to the address of the owner as it appears in the records of the Secretary of State. The notice shall advise interested parties of the date, time, and location of the administrative hearing, which must be scheduled or convened no later than 45 days after the date of the personal delivery or mailing of the notice.
A. 
The hearing officer shall be an attorney licensed to practice law in Illinois for a minimum of three years.
B. 
The hearing officer shall record the hearing and make a record of all proceedings, pleadings, or evidence related thereto and is further empowered to:
(1) 
Conduct the hearing;
(2) 
Administer oaths;
(3) 
Secure by subpoena both the attendance and testimony of witnesses and the production of relevant books and papers.
A. 
Persons appearing at a hearing under this section may be represented by counsel at their expense.
B. 
At the hearing, the owner, lessee or lienholder of record for the impounded vehicle may contest the merits of the impoundment.
C. 
Formal or technical rules of evidence do not apply.
D. 
Failure of the owner or interested party to appear or contest the impound shall be deemed an admission of the validity of the impound and the hearing officer shall issue a decision sustaining the impound without requiring the entry of any additional evidence.
E. 
At the conclusion of the administrative hearing, the hearing officer shall issue a written decision either sustaining or overruling the vehicle impoundment.
F. 
If the basis for the vehicle impoundment is sustained by the administrative hearing officer, any administrative fee posted to secure the release of the vehicle shall be forfeited to the municipality.
G. 
All final decisions of the administrative hearing officer shall be subject to review under the provisions of the Administrative Review Law.
H. 
Unless the administrative hearing officer overturns the basis for the vehicle impoundment, no vehicle shall be released to the owner, lessee, or lienholder of record until all administrative fees and towing and storage charges are paid. If the impoundment is sustained and a bond has been posted in accordance with this article, all sums due the City and the tow operator for towing and impoundment fees shall be distributed to the City and tow operator as the case may be.
I. 
If the hearing officer overrules the impoundment, the owner's vehicle and any cash bond already paid shall be returned. Further, the hearing officer may order a return of towing and impoundment fees.
A final order entered by a hearing officer under this article is subject to review under the Administrative Review Act found at 735 ILCS 5/3-101 et seq.
A. 
The administrative fee as imposed pursuant to this article shall constitute a debt due and owing the City. The debt may be satisfied by the bond posted pursuant to this article or where no bond is posted by cash, money order, certified check or approved credit card payment service. Unless stayed by a court of competent jurisdiction, any fine, penalty, or administrative fee imposed under this section which remains unpaid in whole or in part after the expiration of the deadline for seeking judicial review under the Administrative Review Law may be enforced in the same manner as a judgment entered by a court of competent jurisdiction.
B. 
Vehicles not retrieved from the towing facility or storage facility within 35 days after the hearing officer issues a written decision shall be deemed abandoned and disposed of in accordance with the Anti-Theft and Abandoned Vehicles Laws (625 ILCS 5/4-201 et seq.).
Except as otherwise provided by law, no owner, lienholder or other person shall be legally entitled to take possession of a vehicle impounded under this article until the bond and towing and impoundment fees are paid or the administrative penalty and fees applicable under this article have been paid. Whenever a person with a lien of record against an impounded vehicle has commenced proceedings to repossess the vehicle, possession of the vehicle shall be given to that person if she or he agrees in writing to pay to the City from proceeds of the sale of the vehicle the administrative fee, plus applicable towing and storage charges.
If any provision or clause of this article or application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions of applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are declared severable.