[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.]
[Amended 4-9-2012 by Ord.
No. 12-4-9-2; 1-8-2018 by Ord. No. 18-1-8-4; 5-16-2022 by Ord. No. 22-5-16-1.1]
A.
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:
(1)
Operation or use of a motor vehicle 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 Criminal Code of 2012
to wit:
(a)
An offense prohibited by Section 9-1 (first degree murder), Section 9-3 (involuntary manslaughter and reckless homicide), Section 10-2 (aggravated kidnaping), Section 11-1.20 (criminal sexual assault), Section 11-1.30 (aggravated criminal sexual assault), Section 11-1.40 (predatory criminal sexual assault of a child), subsection (a) of Section 11-1.50 (criminal sexual abuse), subsection (a), (c), or (d) of Section 11-1.60 (aggravated criminal sexual abuse), Section 11-6 (indecent solicitation of a child), Section 11-14.4 (promoting juvenile prostitution except for keeping a place of juvenile prostitution), Section 11-20.1 (child pornography), paragraph (a)(1), (a)(2), (a)(4), (b)(1), (b)(2), (e)(1), (e)(2), (e)(3), (e)(4), (e)(5), (e)(6), or (e)(7) of Section 12-3.05 (aggravated battery), Section 12-7.3 (stalking), Section 12-7.4 (aggravated stalking), Section 16-1 (theft if the theft is of precious metal or of scrap metal), subdivision (f)(2) or (f)(3) of Section 16-25 (retail theft), Section 18-2 (armed robbery), Section 19-1 (burglary), Section 19-2 (possession of burglary tools), Section 19-3 (residential burglary), Section 20-1 (arson; residential arson; place of worship arson), Section 20-2 (possession of explosives or explosive or incendiary devices), subdivision (a)(6) or (a)(7) of Section 24-1 (unlawful use of weapons), Section 24-1.2 (aggravated discharge of a firearm), Section 24-1.2-5 (aggravated discharge of a machine gun or a firearm equipped with a device designed or used for silencing the report of a firearm), Section 24-1.5 (reckless discharge of a firearm), Section 28-1 (gambling), or Section 29D-15.2 (possession of a deadly substance) of this Code;
(b)
An offense prohibited by Section 21, 22, 23, 24 or 26 of the
Cigarette Tax Act if the vessel or watercraft, vehicle, or aircraft
contains more than 10 cartons of such cigarettes;
(c)
An offense prohibited by Section 28, 29, or 30 of the Cigarette
Use Tax Act if the vessel or watercraft, vehicle, or aircraft contains
more than 10 cartons of such cigarettes;
(d)
An offense prohibited by Section 44 of the Environmental Protection
Act "(Illegal Dumping);
(e)
An offense prohibited by Section 11-204.1 of the Illinois Vehicle
Code (aggravated fleeing or attempting to elude a peace officer);
(f)
An offense prohibited by Section 11-501 of the Illinois Vehicle
Code (driving while under the influence of alcohol or other drug or
drugs, intoxicating compound or compounds or any combination thereof)
or a similar provision of a local ordinance, and:
(g)
During a period in which his or her driving privileges are revoked
or suspended if the revocation or suspension was for:
[1]
Section 11-501 (driving under the influence of alcohol or other
drug or drugs, intoxicating compound or compounds or any combination
thereof),
[2]
Section 11-501.1 (statutory summary suspension or revocation),
[3]
Paragraph (b) of Section 11-401 (motor vehicle accidents involving
death or personal injuries), or
[4]
Reckless homicide as defined in Section 9-3 of this Code;
(h)
The person has been previously convicted of reckless homicide
or a similar provision of a law of another state relating to reckless
homicide in which the person was determined to have been under the
influence of alcohol, other drug or drugs, or intoxicating compound
or compounds as an element of the offense or the person has previously
been convicted of committing a violation of driving under the influence
of alcohol or other drug or drugs, intoxicating compound or compounds
or any combination thereof and was involved in a motor vehicle accident
that resulted in death, great bodily harm, or permanent disability
or disfigurement to another, when the violation was a proximate cause
of the death or injuries;
(i)
The person committed a violation of driving under the influence
of alcohol or other drug or drugs, intoxicating compound or compounds
or any combination thereof under Section 11-501 of the Illinois Vehicle
Code or a similar provision for the third or subsequent time;
(j)
The person did not possess a valid driver's license or
permit or a valid restricted driving permit or a valid judicial driving
permit or a valid monitoring device driving permit; or
(k)
He or she knew or should have known that the vehicle he or she
was driving was not covered by a liability insurance policy;
(2)
Offenses outlined in 625 ILCS 5/11-208.7 (b) to wit:
(a)
Operation or use of a motor vehicle 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 Criminal Code
of 2012; or
(b)
Driving under the influence of alcohol, another drug or drugs,
an intoxicating compound or compounds, or any combination thereof,
in violation of Section 11-501 of this Code; or
(c)
Operation or use of a motor vehicle in the commission of, or
in the attempt to commit, a felony or in violation of the Cannabis
Control Act; or
(d)
Operation or use of a motor vehicle in the commission of, or
in the attempt to commit, an offense in violation of the Illinois
Controlled Substances Act; or
(e)
Operation or use of a motor vehicle 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 Criminal Code of 1961 or the Criminal Code
of 2012; or
(f)
Driving while a driver's license, permit, or privilege
to operate a motor vehicle is suspended or revoked pursuant to Section
6-303 of this Code; 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 emission testing;
or
(g)
(h)
Operation or use of a motor vehicle with an expired driver's
license, in violation of Section 6-101 of this Code, if the period
of expiration is greater than one year; or
(i)
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 this Code, or operating a motor vehicle without ever having
been issued a driver's license or permit due to a person's
age; or
(j)
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 Section 6-101, 6-303, or
11-501 of this Code; or
(k)
Operation or use of a motor vehicle in the commission of, or
in the attempt to commit, an offense in violation of Article 16 or
16A of the Criminal Code of 1961 or the Criminal Code of 2012; or
(l)
Operation or use of a motor vehicle in the commission of, or
in the attempt to commit, any other misdemeanor or felony offense
in violation of the Criminal Code of 1961 or the Criminal Code of
2012, when so provided by local ordinance; or
This chapter shall not apply:
A.
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.
B.
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.
A.
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.[1]
B.
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.
A.
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.
B.
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.[1]
C.
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.
D.
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]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
