[HISTORY: Adopted by the Board of Trustees of the Village of Oakwood 4-9-2007 by Ord. No. 07-4-9-1 (Title 8, Ch. 8.28, of the 1980 Code). Amendments noted where applicable.]
A motor vehicle which is used in the commission of or in conjunction with the commission of any of the offenses described herein shall be declared a public nuisance and shall be subject to seizure and impoundment pursuant to this chapter:
The driver or any other person within the motor vehicle commits an offense regarding garbage or public nuisances in violation of Chapter 200, Nuisances, of the Code of Ordinances of Oakwood, Illinois.
The driver or any other person within the motor vehicle, while being under the age of 21, is in possession of or has consumed an alcoholic beverage in violation of the Illinois Liquor Control Act, 235 ILCS 5/6-20.
The driver or any other person within the motor vehicle commits a violation of Illinois Criminal Code 720 ILCS 5/24-1.5, entitled "Reckless Discharge of a Firearm."
The driver or any other person within the motor vehicle commits a violation of the Illinois Cannabis Control Act, 720 ILCS 550/1 et seq., or is in possession of any drug paraphernalia in violation of 720 ILCS 600/3.5.
[Amended 4-9-2012 by Ord. No. 12-4-9-2]
The driver or any other person within the motor vehicle commits a violation of the Illinois Controlled Substances Act, 720 ILCS 570/100 et seq.
The driver or any other person within the motor vehicle commits any act of criminal damage to property or criminal trespass in violation of the Oakwood Municipal Code or any similar provision under state law, only where the vandalism results in injury to a person or damage to property.
The driver or any other person in possession of a motor vehicle commits a violation of Illinois Motor Vehicle Code 625 ILCS 5/12-611, entitled "Sound Amplification Systems."
The driver or any other person in control of a motor vehicle commits a violation of Illinois Vehicle Code 625 ILCS 5/6-101 by operating the vehicle without a license or permit, or 625 ILCS 5/6-303 by operating the vehicle when the person's license or permit has been suspended or revoked, or 625 ILCS 5/11-501 by operating a motor vehicle while under the influence of alcohol or drugs, or 625 ILCS 5/11-503 by driving recklessly or committing aggravated reckless driving, or 625 ILCS 5/4-104(a)1 through 5 by violating the provisions relating to possession of titles and registration, or 625 ILCS 5/3-707 by operating the vehicle without insurance, or 625 ILCS 5/12-602 by operating the vehicle with a muffler that allows excessive or unusual noise.
The penalties provided in this chapter shall be in addition to any penalties which may be imposed against the driver or other persons within the motor vehicle pursuant to any other Village ordinance or state law.
The term "motor vehicle" as used in this chapter shall have the same meaning as set forth in Section 1-146 of the Illinois Motor Vehicle Code (625 ILCS 5/1-146). In addition, the term "motor vehicle" as used in this chapter shall include motorcycles and mopeds, as defined in Sections 1-147 and 1-148.2 of the Illinois Motor Vehicle Code (625 ILCS 5/1-147 and 5/1-148.2).
This chapter shall not apply:
If the motor 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.
If the motor vehicle is operating as a common carrier and the violation occurs without the knowledge of the person in control of the motor vehicle.
Whenever a police officer has probable cause to believe that a motor vehicle is subject to seizure and impoundment pursuant to this chapter, the police office shall provide for the towing of the motor vehicle to a facility controlled by the Village or its agents. Before or at the time the vehicle is towed, the police officer shall notify any person identifying himself as the owner of the vehicle, or any person who is found in control of the vehicle at the time of the alleged violation, of the fact of the seizure and of the owner's right to request a vehicle impoundment hearing, and of the owner's right to post a cash bond to recover the vehicle.
Whenever the owner of record of a motor vehicle seized and impounded pursuant to this chapter desires to retrieve the motor vehicle prior to the evidentiary hearing they may do so by posting a cash bond at the office of the Village Clerk in the amount indicated herein. Once the bond has been posted and the towing and storage fees paid, the motor vehicle shall be released until the evidentiary hearing is held by the Village Code Hearing Department. The amount of the bond shall be $500.
If a motor vehicle may be subject to forfeiture pursuant to the Drug Asset Forfeiture Procedure Act, 725 ILCS 150/1 et seq., or any other state or federal law concerning the forfeiture of property, said vehicle shall not be released by the posting of the bond described in this section.
If the owner of record of a vehicle seized pursuant to this chapter desires to appeal the seizure, said owner must make a request for a vehicle impoundment hearing no later than the next business day after the seizure. Said request shall be in writing and filed with the Village Clerk. If the request is timely filed, a hearing officer of the Village shall conduct such hearing within 72 hours after the request, excluding Saturdays, Sundays and holidays. All interested persons shall be given a reasonable opportunity to be heard at the hearing. The formal rules of evidence will not apply at the hearing and hearsay evidence shall be admissible. If, after the hearing, the hearing officer determines there is probable cause to believe that the vehicle is subject to seizure and impoundment pursuant to this chapter, the hearing officer shall order the continued impoundment of the vehicle until the full evidentiary hearing pursuant to this section, unless the vehicle owner posts the applicable cash bond, and a notice of such full evidentiary hearing shall be given to the vehicle owner.
Unless the vehicle owner has received a notice after a hearing held pursuant to Subsection A above, within 10 days after a motor vehicle is seized and impounded pursuant to this chapter, the Village shall notify, by certified, mail return receipt requested, the owner of record of the date, time and location of a full evidentiary hearing concerning the seizure and impoundment. Such hearing shall be scheduled and held, unless continued by order of the hearing officer, no later than 30 days after the motor vehicle was seized. All interested persons shall be given a reasonable opportunity to be heard at the hearing. All hearings shall be conducted in accordance with Chapter 56, Article II, of the Village Code, or as otherwise provided by law.
If, after the hearing set forth in Subsection B above, the hearing officer determines by a preponderance of evidence that the motor vehicle was used in the commission of or in conjunction with any of the offenses described in § 260-1 and that none of the exceptions set forth in § 260-2 apply, then the hearing officer shall enter an order finding the owner of record of the motor vehicle civilly liable to the Village and impose the penalties set forth in this chapter. If the hearing officer determines that no such violation occurred, the hearing officer shall order the return of the motor vehicle and/or any cash bond posted and towing and storage fees paid.
In the event that the owner of record desires to appeal the decision of the hearing officer under the provisions of the Illinois Administrative Review Act (735 ILCS 5/3-101 et seq.), he shall pay the costs of the preparation and transcription of the record of the hearing.
[Amended 11-10-2014 by Ord. No. 14-11-10-2]
Whenever a motor vehicle is used in the commission of or in conjunction with any of the offenses described in § 260-1, the motor vehicle may be impounded and the owner of record of the motor vehicle shall be liable for an administrative penalty in the amount of $500 and any applicable towing and storage fees.
Costs. In addition to any fine or other penalty imposed pursuant to this chapter, the owner of record shall be ordered to pay the costs and fees incurred by the Village in prosecuting the violation, which shall include, but not be limited to, the costs associated with an administrative adjudication proceeding or court proceeding, and reasonable attorney's fees.
If a penalty is imposed pursuant to this chapter, such penalty shall constitute a debt due and owing to the Village. The owner of record's obligation to pay such debt to the Village shall be independent of the Village's return of any impounded motor vehicle. If a bond has been posted, the hearing officer shall enter an order deducting from the bond so posted any fines and fees imposed pursuant to this chapter.
Except as otherwise provided in this chapter, an impounded motor vehicle shall be returned to the owner of record, or other person who is legally entitled to possess the motor vehicle, upon his or her payment to the Village of the penalty or penalties imposed pursuant to this chapter, including the towing and storage fees, unless the motor vehicle has been sold or otherwise disposed of to satisfy a judgment or enforce a lien as provided by law.
Notwithstanding any other provisions of this chapter, whenever a person with a lien of record against a motor vehicle impounded under this chapter has commenced foreclosure or repossession proceedings, possession of the motor vehicle shall be given to that person, but only upon agreeing, in writing, to refund to the Village the net proceeds of any sale of the motor vehicle, less any amounts necessary to pay all lien holders of record, up to the total amount of penalties imposed pursuant to this chapter which are outstanding.
[Amended 11-10-2014 by Ord. No. 14-11-10-2]
Any motor vehicle which is not reclaimed within 30 days after expiration of the time during which the owner of record may seek judicial review of the Village's actions pursuant to this chapter, or the time at which a final judgment is rendered in favor of the Village, or the time a final administrative order is entered against an owner of record who is found in default, may be disposed of as an unclaimed motor vehicle as provided by law.