The Village of Bannockburn is a home rule unit pursuant to the
Illinois Constitution of 1970. The corporate authorities make the
following findings and adopt the provisions of this article pursuant
to the Village's home rule authority:
A.
The commission of certain criminal and quasi-criminal offenses is
made more egregious by the use of motor vehicles in the commission
of the offenses;
B.
The corporate authorities of the Village find that it is in the best
interest of the health, safety and welfare of the citizens of Bannockburn
that owners and operators of motor vehicles are encouraged to conform
their conduct to the mandates of local, state and federal law;
C.
The corporate authorities of the Village find that a civil penalty
for certain violations will encourage compliance with the laws that
are intended to protect the citizens of the Village from the harm
associated with those violations; and
D.
The corporate authorities of the Village, pursuant to the Village's
home rule authority, find that the public health, safety and welfare
will be protected and promoted by adoption of this article establishing
procedures for the seizure and impoundment of motor vehicles used
in connection with illegal activities and establishing administrative
penalties for such violations.
For the purposes of this article, the following terms shall
have the meanings stated in this section. Any term not defined herein
shall have the meaning ascribed to it in other sections of this code
or other ordinances of the Village, and if not defined in any other
section of this code or other ordinance, it shall have the meaning
ascribed to it in the Illinois Vehicle Code.
Any day in which the office of the Village Clerk of the Village
is open to the public for a minimum of five hours.
Any vehicle which is self-propelled, including, but not limited
to, automobiles, trucks, vans, motorcycles and motor scooters.
The recorded titleholder(s) of the vehicle.
A.
In any case in which violations of this code or the Illinois Vehicle
Code (625 ILCS 5/1-100 et seq.) authorize or require the Police Department
to cause a motor vehicle in the Village to be towed, or in any other
circumstances under which a motor vehicle is towed pursuant to this
article or Police Department field operations procedures, the Chief
of Police or the Chief's designee is hereby authorized and directed
to tow away, or cause to be towed away, such motor vehicle for impoundment
in locations determined by the Chief of Police or the Chief's designee.
The Chief of Police may promulgate such rules and regulations as may
be required for the implementation of this article. Examples of violations
for which towing may be required shall include the arrest of any person
for any of the following reasons:
(1)
Operating or being in physical control of a vehicle while under the
influence of alcohol, any other drug or any combination thereof under
Section 11-501(a) of the Illinois Vehicle Code (625 ILCS 5/11-501);
(2)
Driving a motor vehicle with a driver's license that has been revoked
or suspended as a result of: a violation of Section 11-501(a) of the
Illinois Vehicle Code (625 ILCS 5/11-501); a statutory summary suspension
under Section 11-501.1 of the Illinois Vehicle Code (625 ILCS 5/11-501.1);
a violation of Paragraph (b) of Section 11-401 of the Illinois Vehicle
Code relating to the offense of leaving the scene of a motor vehicle
accident involving personal injury or death (625 ILCS 5/11-401); or
a violation of Section 9-3 of the Criminal Code of 2012, as amended,
relating to the offense of reckless homicide (720 ILCS 5/9-3);
(3)
Any other violations of the Illinois Vehicle Code, the Illinois Criminal
Code, this code or other ordinances of the Village which require that
the vehicle be towed; or
(4)
Any violations of law which make the vehicle subject to seizure under
law, including 720 ILCS 5/36-1 et seq.
B.
Any motor vehicle which is towed whenever authorized pursuant to
this article is hereby designated and defined as a "nuisance vehicle"
for purposes of this article. It shall be unlawful for any nuisance
vehicle to be found on any public street, public place or private
property in the Village, and the presence of a nuisance vehicle is
deemed harmful to the health, safety and welfare of the residents
of the Village. This section shall not apply, however, if the vehicle
was stolen at the time of the relevant violation and the theft was
reported to the appropriate police authorities within 24 hours after
the theft was discovered or reasonably should have been discovered.
C.
No motor vehicle towed under this article shall be released by or
at the direction of the Police Department to any person except to
the vehicle's owner of record or to any person duly authorized to
accept possession by such owner. The owner of record of said vehicle
shall be liable to the Village for an administrative charge and penalty
of $300, plus any applicable towing and storage fees. The amount of
the administrative charge and penalty imposed pursuant to this article
shall constitute a debt due and owing to the Village.
A.
The police officer making the arrest or requesting the tow shall
orally 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 request
an administrative hearing to be conducted under this code.
B.
Within seven days after a motor vehicle is seized and impounded,
the Police Department shall provide a written notice ("tow notice")
to the owner of record of the motor vehicle either personally or by
mail (U.S. certified or registered mail). If mailed, the notice shall
be sent to the address indicated on the vehicle's registration or
certificate of title. The tow notice shall include the following:
(1)
Description of the motor vehicle, including year, make, model, registration
and vehicle identification number (VIN);
(2)
The present location of the motor vehicle;
(3)
The basis for the removal of the vehicle;
(4)
The right of the owner to a hearing conducted by a hearing officer as set forth in § 232-41B of this article;
(5)
The duty of the owner to file a written request for a hearing with
the Village Clerk within 15 days from the date of mailing of the tow
notice or the date such notice is personally delivered;
(6)
The consequences of the failure to request a hearing; and
(7)
The consequences of a failure to reclaim a motor vehicle.
C.
For purposes of giving the tow notice required in this section, the
refusal by the owner of the vehicle to acknowledge receipt of certified
or registered mail or to accept notice given by personal delivery
shall constitute a waiver by such owner of the need for further notice.
A.
The owner of a vehicle towed pursuant to the provisions of this article shall be provided the opportunity for a hearing subsequent to the towing of the vehicle ("post-tow hearing") to determine whether a violation of this article occurred with regard to the unlawful presence of a nuisance vehicle in the Village, provided that a request is made pursuant to § 232-33 of this chapter.
B.
If an owner timely requests a post-tow hearing, then a hearing shall be held, pursuant to § 232-34 of this chapter.
C.
If an owner fails to timely request a post-tow hearing, then the
right to such hearing shall be forfeited. If the owner of record requests
a hearing but fails to appear at the hearing, the owner of record
shall be deemed to have waived his or her right to a hearing and the
hearing officer shall enter a default order in favor of the Village
in the amount of the administrative charge and penalty.
A.
Without post-tow hearing. If an owner desires to take possession
and reclaim the impounded nuisance vehicle without a post-tow hearing,
the owner may take possession of the vehicle only after he or she
shall have:
(1)
Furnished to the Police Department evidence of his or her identity
and ownership of the vehicle or his or her right to possession.
(2)
Paid all towing and storage costs for the vehicle and delivered a
signed receipt for the vehicle to the towing agent.
(3)
Signed and delivered a waiver of the right to the hearing and made
payment to the Village Clerk of the prescribed administrative charge
and penalty.
B.
Before post-tow hearing. If an owner desires to take possession and
reclaim the impounded nuisance vehicle prior to the holding of a post-tow
hearing (without waiving the right to such hearing), the owner may
take possession of the vehicle only after he or she shall have:
(1)
Furnished to the Police Department evidence of his or her identity
and ownership of the vehicle or his or her right to possession;
(2)
Paid all towing and storage costs for the vehicle and delivered a
signed receipt for the vehicle to the towing agent;
(3)
Filed with the Village Clerk a notice in writing requesting the hearing within the time period established under § 232-41A of this article; and
(4)
Posted a cash bond with the Village Clerk in the amount of the prescribed
administrative charge and penalty to assure the payment thereof if
the hearing officer ultimately determines that there was a violation.
A.
A hearing shall be conducted pursuant to § 232-34 of this chapter, if such hearing is timely and properly requested by the owner of the impounded vehicle.
B.
If the hearing officer issues an order finding that there was a violation of this article, and if the owner has previously elected to deposit a cash bond with the Village as provided in § 232-42B of this article, such cash bond shall immediately be forfeited to the Village. If the owner elected not to post a cash bond in order to reclaim the owner's motor vehicle before the hearing, then the owner may take possession of the vehicle only after he or she shall have:
(1)
Furnished to the Police Department evidence of his or her identity
and ownership of the vehicle or his or her right to possession.
(2)
Paid all towing and storage costs for the vehicle and delivered a
signed receipt for the vehicle to the towing agent, except to the
extent otherwise provided in the written determination of the hearing
officer.
(3)
Made payment to the Village Clerk of the prescribed administrative
charge and penalty, except to the extent otherwise provided in the
written determination of the hearing officer.
C.
If the hearing officer issues an order finding that there was no
violation of this article:
(1)
If the vehicle is impounded at the time of hearing, then the hearing officer shall order the vehicle to be immediately released in accordance with § 232-34D(2)(b) of this chapter; or
(2)
If the vehicle has been released, then, in addition to the provisions of § 232-34D(2)(a), the hearing officer shall order that a refund of the cash bond posted under § 232-42B of this article will be made in accordance with § 232-34E of this chapter.
Any motor vehicle that is not reclaimed within 30 days after the expiration of the time during which the owner of record may seek judicial review of the Village's action under this article, or the time at which a final judgment is rendered in favor of the Village, or the time a final administrative decision is rendered against an owner of record who is in default, may be disposed of as an unclaimed or abandoned vehicle as provided by § 232-35 of this chapter; provided, however, that where proceedings have been instituted under state or federal drug asset forfeiture laws, the subject vehicle may not be disposed of by the Village except as consistent with those proceedings.
From time to time, the Chief of Police shall promulgate the
necessary notices and forms in order to implement the provisions of
this article.
