City of Crystal Lake, IL Part 4 Seizure, Towing and Impoundment

[Added 11-6-2007 by Ord. No. 6286; amended 11-4-2008 by Ord. No. 6426; 3-3-2009 by Ord. No. 6448; 10-4-2011 by Ord. No. 6702]

Article XIII Seizure and Impoundment

§ 496-139 Grounds for seizure and impoundment.

A. Terms for seizure and impoundment. If the driver or operator of any self-propelled motor vehicle, including without limitation automobiles, trucks, vans, motorcycles, and motor scooters (collectively, for purposes of this Part 4, "vehicle"), is arrested or otherwise taken into custody by a police officer of the City, then the police officer may cause the vehicle to be seized and impounded by the City, unless otherwise provided in Subsection B, if the officer determines that the vehicle:

(1) Is illegally parked; or

(2) Is impeding vehicular or pedestrian traffic; or

(3) Is threatening public safety or convenience; or

(4) Is parked on private property, if an owner or legal occupant of the private property requests that the car be removed; or

(5) Was being operated or used 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 Illinois Criminal Code;[1] or

[1] Editor's Note: See 720 ILCS 5/36-1.

(6) Was being operated or used in the commission of, or in the attempt to commit, a felony or in violation of the Illinois Cannabis Control Act;[2] or

[2] Editor's Note: See 720 ILCS 550/1 et seq.

(7) Was being operated or used in the commission of, or in the attempt to commit, an offense in violation of the Illinois Controlled Substances Act;[3] or

[3] Editor's Note: See 720 ILCS 570/100 et seq.

(8) Was being operated or used in the commission of, or in the attempt to commit, an offense in violation of Section 24-1, 24-1.5, or 24-3.1 of the Illinois Criminal Code;[4] or

[4] Editor's Note: See 720 ILCS 5/24-1, 5/24-1.5 or 5/24-3.1.

(9) Was being operated or used in the commission of, or in the attempt to commit, an offense in violation of Article 16 or 16A of the Illinois Criminal Code.[5]

[5] Editor's Note: See 720 ILCS 5/16-1 et seq. Art. 16A was repealed by P.A. 97-597, § 6, effective 1-1-2012.

B. Exceptions to impoundment.

(1) A police officer may not seize and impound a vehicle under Subsection A(1) through (4), and instead must release the vehicle into the custody of a person other than the arrestee, if but only if the police officer determines that the vehicle can be safely operated and that other person:

(a) Is the owner of the vehicle or is authorized by the owner to take custody of the vehicle; and

(b) Requests to take custody of the vehicle; and

(c) Possesses a valid operator's license; and

(d) Demonstrates the ability to safely operate the vehicle at that time.

(2) For purposes of this Part 4, "owner" means the registered owner of the vehicle or the agents of that owner.

§ 496-140 Impoundment and release for drug and alcohol-related offenses.

A. Twelve-hour impoundment. Whenever the arresting police officer reasonably believes that a person who was driving or operating a vehicle, and who is arrested either for a violation of 625 ILCS 5/11-501 or for driving in a manner prohibited under § 496-92 of this chapter, is likely on release to commit a similar violation, the arresting officer may impound the subject vehicle, unless the vehicle can be released as provided in § 496-139B. The impoundment shall be for a period of 12 hours after the time of arrest and until the owner properly retrieves the vehicle, whichever is longer, except that the vehicle may be released prior to the end of the twelve-hour impoundment period if:

(1) The vehicle was not owned by the person who was arrested and the lawful owner of the vehicle:

(a) Requests the vehicle's release; and

(b) Possesses a valid operator's license and proof of ownership; and

(c) Does not, as determined by the Police Department, appear to lack the ability to operate the vehicle safely and in compliance with 625 ILCS 5/11-501 and § 496-92 of this chapter; or

(2) The vehicle is owned by the person who was arrested and that person authorizes another person to retrieve and operate the vehicle, so long as that other person:

(a) Possesses a valid operator's license; and

(b) Does not, as determined by the Police Department, appear to lack the ability to operate the vehicle safely and in compliance with 625 ILCS 5/11-501 and § 496-92 of this chapter.

B. Term of impoundment for additional violations.

(1) When the owner of a vehicle is taken into custody either for a violation of 625 ILCS 5/11-501 or for driving in a manner prohibited under § 496-92 of this chapter, and the vehicle is impounded under Subsection A of this section, then the vehicle may be impounded for a period of:

(a) Twenty-four hours for a second violation of 625 ILCS 5/11-501, or 625 ILCS 5/6-303, or § 496-92 of this chapter, or any combination of these offenses; or

(b) Forty-eight hours for a third violation of 625 ILCS 5/11-501, or 625 ILCS 5/6-303, or § 496-92 of this chapter, or any combination of these offenses.

(2) A vehicle impounded under this Subsection B may be released prior to the end of the impoundment period if the person under arrest authorizes another person to operate the vehicle, so long as that other person:

(a) Possesses a valid operator's license; and

(b) Does not, as determined by the Police Department, appear to lack the ability to operate the vehicle safely and in compliance with 625 ILCS 5/11-501 and § 496-92 of this chapter.

§ 496-141 Towing, storage and inventory.

A. Towing and storage. A police officer who seizes a vehicle under this Part 4 must provide for the vehicle to be towed by an agency or company appointed by the City Manager or his or her designee and to be impounded at a facility similarly authorized.

B. Inventory. Promptly after seizure of a vehicle under this Part 4, a police officer must perform an inventory of the passenger compartment and any trunk or trailer of the vehicle, for the purposes of creating a list of all personal property located in the vehicle and trailer and removing any potentially hazardous items or substances. The Police Department is authorized and directed to promulgate standard procedures for performing such inventories.

§ 496-142 Notification.

A. Notice requirement. Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment under § 496-139 of this chapter, the police officer must notify the owner of the vehicle as registered with the Secretary of State of Illinois and any other entity legally entitled to the vehicle of the seizure and impoundment. Notice must be sent via certified mail within 10 days after the seizure if the owner was not present and personally notified either at the time of the seizure or within 10 days after the seizure. If the impounded vehicle is not currently registered with the Secretary of State, then notice must be sent to the most recent owner of record at the most recent address by first class mail. If the name of the current owner or any previous owner cannot be ascertained, then notice must be sent to the Secretary of State via first class mail.

B. Contents of notice. The notice must include:

(1) A vehicle description; and

(2) The date, location, and reason(s) for seizure; and

(3) The location at which the vehicle is stored; and

(4) A statement that the owner may contest the charge underlying the seizure and impoundment by submitting a written hearing request within 10 days after the date of mailing of the notice; and

(5) A statement that failing to request a hearing or failing to appear at a requested hearing will result in a default finding of liability in the amount of the administrative penalty plus towing and storage fees.

§ 496-143 Cash bond for release of vehicle; exception.

The owner of a vehicle seized and impounded under this Part 4 who requests a hearing may retrieve the vehicle by posting with the City a cash bond in the amount of $500 plus applicable towing and storage charges under this Part 4. This section does not apply when the seized vehicle is being held as evidence in the course of an ongoing criminal investigation.

§ 496-144 Administrative penalty.

A. Penalty. Except as provided in Subsection B, the owner of a vehicle seized and impounded under this Part 4 must pay an administrative penalty in an amount set forth in Chapter 248, Fines, of this Code plus applicable towing and storage fees under this Part 4. The subject vehicle will not be released until the penalty and fees have been paid in full. Unless prohibited by law, the Police Department or other duly authorized law enforcement agency may delay release of the subject vehicle if the vehicle is being held as evidence in the course of an ongoing criminal investigation. In such an instance, the owner will be responsible for storage charges only from the date of seizure through the date the owner requests release of the vehicle. In such an instance, the owner remains responsible for the applicable administrative penalty and towing fees.

B. Exception for stolen vehicles. Notwithstanding any other provision of this Part 4, the owner of a vehicle that is seized and impounded will not be required to pay any towing or storage fees or any administrative penalties if the vehicle was stolen at the time it was seized and the theft was reported to the appropriate police authorities within 24 hours after the theft was discovered or reasonably should have been discovered.

§ 496-145 Request for hearing.

The owner of a seized and impounded vehicle who seeks a hearing must file a written request for a hearing with the Police Department no later than 10 days after the required notice under this Part 4 was mailed or otherwise given. The hearing must be set for a date no later than 30 days after the request for hearing is properly filed. Within five business days after a request for hearing is received under this § 496-145, the City must send notice by certified mail to the owner at the most recent address recorded with the Secretary of State. The notice must include the date, time, and location of the hearing.

§ 496-146 Hearing; administrative penalty.

A. Hearing. The hearing on the impoundment will be conducted by a hearing officer appointed by the City Manager under Chapter 77 of this Code. The formal rules of evidence will not apply at the hearing, and hearsay evidence will be admissible if it is the type commonly relied on by reasonably prudent persons in the conduct of their affairs. At any time prior to the hearing date, the hearing officer, at the request of either party, may direct witnesses to appear and give testimony at the hearing. Any sworn or affirmed report that is prepared in the performance of a law enforcement officer's duties and sufficiently describes the circumstances leading to the impoundment will be admissible prima facie evidence of the vehicle owner's liability, unless rebutted by clear and convincing evidence.

B. Penalty. If, after the hearing, the hearing officer determines by a preponderance of evidence that the vehicle was properly seized and impounded as provided in this Part 4, then the hearing officer must enter an order finding the owner of record of the vehicle civilly liable to the City for an administrative penalty of up to the amount set forth in Chapter 248, Fines, of this Code, plus all applicable towing and storage fees. If the hearing officer determines by a preponderance of the evidence that the vehicle was seized contemporaneously with the arrest of the owner or operator of the vehicle for one or more of the offenses identified in Section 11-208.7 of the Illinois Vehicle Code,[1] the hearing officer's order must further find the owner civilly liable to the City for an additional administrative penalty of $200. The vehicle will not be released from impoundment until the owner pays the administrative penalty to the City, and the towing fees to the towing company, and the storage fees of the vehicle to the City or storage facility as applicable. If the hearing officer either does not determine by a preponderance of the evidence that the vehicle was properly seized and impounded as provided in this Part 4 or determines by a preponderance of the evidence that the vehicle was stolen at the time of the seizure and impoundment and the owner properly reported the theft, then the hearing officer must order the immediate return of the owner's vehicle and any previously paid penalties and fines.

[1] Editor's Note: See 625 ILCS 5/11-208.7.

§ 496-147 Failure to request hearing; default.

If the owner of a vehicle that has been seized and impounded fails to request a hearing in a timely manner, then the owner will be deemed to have waived the right to a hearing and the hearing officer must enter an order in favor of the City in the amount of the administrative penalty prescribed for the violation, plus all applicable towing and storage fees. If the owner requests a hearing but fails to appear at the hearing, then the hearing officer must enter an order of default against the owner and in favor of the City. No order or default will be entered if the owner has paid all applicable penalties and fees, the owner has signed a written waiver of his or her right to hearing, and the vehicle has been returned to the owner.

§ 496-148 Payment of penalty and fees.

All administrative penalties, towing fees, and storage fees imposed under this Part 4 will constitute a debt due and owing to the City. Any amounts paid or any cash bond posted pursuant to this section will be applied first to the administrative penalty. Any amount of payment or cash bond remaining then will be applied to the towing fees and then to the storage fees. If a vehicle is impounded when the penalties and fees have accrued, then the City may seek a judgment on the debt and enforce such judgment against the vehicle as provided by law. Except as provided otherwise in this Part 4, a vehicle will continue to be impounded until the penalties and fees have been paid. Promptly after payment in full, the City will release the vehicle to the owner of the vehicle.

§ 496-149 Unclaimed vehicles; nonpayment of penalty and fees.

If the administrative penalty and applicable fees are not paid or the vehicle is not retrieved from the towing and storage facility within 35 days after an order is entered against an owner who fails to appear at the hearing, then the vehicle will be deemed to be unclaimed and will be disposed of in the manner provided by law. In all other cases, if the administrative penalty and applicable fees are not paid or the vehicle is not retrieved from the towing and storage facility within 35 days after the expiration of time at which administrative review of the hearing officer's determination may be sought, or within 35 days after an action seeking administrative review has been resolved in favor of the City, whichever is applicable, then the vehicle will be deemed unclaimed and will be disposed of in the manner provided by law.

§ 496-150 Foreclosure.

Whenever a person with a lien of record against an impounded vehicle has commenced foreclosure proceedings, possession of the vehicle will be given to that person if he or she agrees in writing to refund to the City the amount of the net proceeds of any foreclosure sale, less any amounts required to pay all lien holders of record, not to exceed the sum of the administrative penalty and fees.