[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.
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 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.
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.