[Adopted 4-23-2013 by Ord. No. 13-016]
A motor vehicle, operated with the permission, express or implied,
of the owner of record, which is used in connection with the following
violations, may be subject to seizure and impoundment by the Village
if the violation prevents the driver from lawfully operating the vehicle,
or if a police officer authorized to make arrests in the Village determines
that impoundment of the vehicle is reasonably necessary as a community
caretaking function so that the vehicle does not jeopardize public
safety and the efficient movement of vehicular traffic. The owner
of record of said vehicle shall be liable to the Village for an administrative
penalty in addition to any towing and storage fees as hereinafter
provided.
A.
Operation or use of a motor vehicle in the commission or attempted
commission of any offense for which a motor vehicle may be seized
and forfeited pursuant to 720 ILCS 5/36-1 et seq. shall subject the
owner to an administrative fee of $300.
B.
Driving under the influence of alcohol, other drug or drugs, intoxicating
compounds, or any combination thereof, in violation of 625 ILCS 5/11-501,
shall subject the owner to an administrative fee of $300.[1]
C.
Operation or use of a motor vehicle in connection with the commission
or attempted commission of any felony offense in violation of the
provisions of the Illinois Cannabis Control Act (720 ILCS 550/1 et
seq.) shall subject the owner to an administrative fee of $300.
D.
Operation or use of a motor vehicle in connection with the commission
or attempted commission of any offenses in violation of the Illinois
Controlled Substance Act (720 ILCS 570/100 et seq.) shall subject
the owner to an administrative fee of $300.
E.
Driving while a driver's license, permit or privilege to operate
a motor vehicle is suspended or revoked (625 ILCS 5/6-303) shall subject
the owner to an administrative fee of $300; 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 emissions testing.
F.
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 Illinois Cannabis Control Act (720 ILCS 550/2 et
seq.) or the Illinois Controlled Substance Act (720 ILCS 570/100 et
seq.) shall subject the owner to an administrative fee of $300.
G.
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, shall subject the owner to an administrative fee of
$300.
H.
Operation or use of a motor vehicle by a person against whom a warrant
has been issued by a Circuit Court 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 any combination thereof (625 ILCS 5/11-501) shall subject the owner
to an administrative fee of $300.
A.
This Part 9 shall not replace or otherwise abrogate any existing
state or federal laws or Village ordinances pertaining to vehicle
seizure, towing and impoundment, and the owner shall be subject to
the penalties provided in this Part 9 in addition to any penalties
that may be assessed by a court for any criminal charges.
B.
This Part 9 shall not apply if the 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.
A.
Whenever a police officer has probable cause to believe that a vehicle is subject to towing and impoundment pursuant to this Part 9, the police officer shall provide for the towing of the vehicle to a facility authorized by the Will County Sheriff's Office Lieutenant or Officer in Charge of the Homer Glen Substation (hereinafter referred to as "officer in charge"). Before or at the time the vehicle is towed, the police officer shall notify the owner, lessee, or person identifying himself or herself as the owner or lessee of the vehicle, or any person found to be in control of the vehicle at the time of the alleged offense, if there is such a person, of the fact of the impoundment, and of the vehicle owner's right to request a preliminary vehicle impoundment hearing to be conducted pursuant to § 200-38. The vehicle shall be impounded pending the completion of the hearing provided for in § 200-38, unless the owner of the vehicle posts with the Village a cash bond in the amount of $300 and pays the accrued towing and storage charges.
B.
Before the time a vehicle is towed, if, in the judgment of the police
officer then present, a person authorized by the owner or operator
of the vehicle is present and able to provide for the lawful immediate
removal of the vehicle, the vehicle will be released to that person;
and if prompt removal of the vehicle is effected, no administrative
penalty shall be imposed.
If the owner of record of a vehicle impounded pursuant to this
Part 9 desires to appeal the impoundment, said owner must make a request
for hearing within 72 hours of the impoundment, excluding Saturdays,
Sundays and Village holidays. Said request shall be in writing and
filed with the officer in charge, or his or her designee, who shall
conduct such preliminary hearing within 24 hours after receipt of
the request, excluding Saturdays, Sundays and Village holidays. All
interested persons shall be given a reasonable opportunity to be heard
at the preliminary vehicle impoundment hearing. The formal rules of
evidence shall not apply at the hearing, and hearsay evidence shall
be admissible only if it is the type commonly relied upon by reasonably
prudent persons in the conduct of their affairs. If, after the hearing,
the officer in charge or his or her designee determines there is probable
cause to believe that the vehicle is subject to impoundment pursuant
to this Part 9, he shall order the continued impoundment of the vehicle
as provided in this Part 9 unless the owner of the vehicle posts with
the Village a cash bond in the amount of $300 and pays the tower any
applicable towing and storage fees. If the officer in charge or his
or her designee determines that there is no such probable cause, the
vehicle will be returned without penalty or other fees.
A.
Within 10 days after a vehicle is impounded pursuant to this Part
9, the Village shall notify by personal service or certified mail,
return receipt requested, the owner of record, any lien holder of
record, or the lessee of the vehicle of an initial hearing that will
be scheduled and convened no later than 45 days after the date of
impoundment. The hearing shall be conducted by a hearing officer designated
by the Village President. The hearing officer will be an attorney
licensed to practice law in the State of Illinois for a minimum of
three years. The owner will appear at the initial hearing and enter
a plea of guilty or not guilty. If a plea of guilty is entered, the
cause will be disposed of on the basis of the plea of guilty at that
time. If the owner pleads not guilty, a hearing shall be conducted
and held, unless continued by the hearing officer, no later than 45
days after the vehicle was impounded. All interested persons shall
be given a reasonable opportunity to be heard at the hearing. At any
time prior to the hearing date, the hearing officer may, at the request
of either party, direct witnesses to appear and give testimony at
the hearing. The formal rules of evidence will not apply at the hearing,
and hearsay evidence shall be admissible only if it is the type commonly
relied upon by reasonably prudent persons in the conduct of their
affairs.
B.
If, after the hearing, the hearing officer determines, by a preponderance
of the evidence, that the vehicle was used in connection with a violation
set forth in this Part 9, the hearing officer shall enter a written
order finding the owner of record of the vehicle civilly liable to
the Village for an administrative fee in the amount of $300 and requiring
the vehicle to continue to be impounded until the owner pays the administrative
fee to the Village plus fees to the tower for the towing and storage
of the vehicle. If the owner has already posted a cash bond in the
amount of $300 to secure release of the vehicle, it shall be forfeited
to the Village. If the owner of record fails to appear at the hearing,
the hearing officer shall enter a default order in favor of the Village
requiring payment to the Village of the administrative fee of $300
plus payment to the tower of fees for towing and storage of the vehicle.
If the hearing officer finds no such violation occurred, the hearing
officer shall order, in writing, the immediate return of the owner's
vehicle or cash bond without fees.
A.
If an administrative fee is imposed pursuant to this Part 9, such
fee shall constitute a debt due and owing to the Village. If a cash
bond has been posted pursuant to this Part 9, the bond shall be applied
to the fee. If a vehicle has been impounded when such a fee is imposed,
the Village may seek to obtain a judgment on the debt and enforce
such judgment against the vehicle's owner as provided by law. Except
as provided otherwise in this section, a vehicle shall continue to
be impounded until the fee is paid to the Village and any applicable
towing fees and storage fees are paid to the tower, in which case
possession of the vehicle shall be given to the person who is legally
entitled to possess the vehicle or the vehicle is sold or otherwise
disposed of to satisfy a judgment to enforce a lien as provided by
law. If the administrative fee and other applicable fees are not paid
within 45 days after an administrative fee is imposed against an owner
of record who defaults by failing to appear at the hearing, the vehicle
shall be deemed unclaimed and shall be disposed of in the manner provided
by the Illinois Vehicle Code for the disposition of unclaimed vehicles.
In all other cases, if the administrative fee and applicable fee are
not paid within 30 days after the expiration of time at which administrative
review of the hearing officer's determination may be sought, or within
30 days after an action seeking administrative review has been resolved
in favor of the Village, 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.
B.
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.
Except as otherwise specifically provided by law, no owner,
lien holder or other person shall be legally entitled to take possession
of a vehicle impounded under this Part 9 until the administrative
fee and fees applicable under this Part 9 have been paid. However,
whenever a person with a lien of record against an impounded vehicle
has commenced foreclosure proceedings, possession of the vehicle shall
be given to that person if he or she agrees in writing to refund the
Village 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 administrative fee, plus all other applicable fees.
Any owner, lien holder or other person with a legal interest
in the vehicle, who is not satisfied with the decision of the hearing
officer, shall have the right to appeal the decision to Circuit Court,
pursuant to the Administrative Review Act (735 ILCS 5/3-101 et seq.).
As used in this Part 9, the following definitions will apply:
A lien holder who has properly registered or recorded his
or her lien on the title of the vehicle with the Secretary of State
of the State of Illinois or appropriate state official for a vehicle
whose title is registered in a foreign state.
An individual or other legal entity who or which has a written
lease for the vehicle.
The record titleholder as registered with the Secretary of
State of Illinois or appropriate state official for a vehicle whose
title is registered in a foreign state.
In a hearing on the propriety of impoundment under this Part
9, any sworn or affirmed report, including a report prepared in compliance
with Section 11-501.1 of the Illinois Vehicle Code, that 1) is prepared
in the performance of a law enforcement officer's duties and 2) sufficiently
describes the circumstances leading to the impoundment, shall be admissible
evidence of the vehicle owner's liability under this Part 9, and shall
support a finding of the vehicle owner's liability under this Part
9, unless rebutted by clear and convincing evidence.
For purposes of this Part 9, a vehicle is not considered to
have been used in a violation that would render the vehicle eligible
for towing if:
A.
The 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.
The vehicle
was operating as a common carrier and the violation occurred without
the knowledge of the person in control of the vehicle; or
C.
The alleged
owner provides adequate proof that the vehicle had been sold to another
person prior to the violation.
