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As used in this chapter, the following words, terms, and titles
shall have the following meanings:
An attorney with three years of experience as a practicing
attorney and certified to practice law in the state of Illinois.
Illinois Compiled Statutes, or the Criminal Code of 1961,
or the Criminal Code of 2012.[1]
The owner, lessee, or record titleholder to any motor vehicle
as registered with the Secretary of State, State of Illinois.
[1]
Editor's Note: See 720 ILCS 5/1-1 et seq.
[3-20-2023 by Ord. No.
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A motor vehicle, operated with permission, express or implied, of the owner of record, which is used in connection with any of the following violations set forth in Section 6-6-3 of this chapter, may be subject to seizure and impoundment by the City or authorized towing company if the violation prevents the driver from lawfully operating the vehicle, or if a police officer authorized to make arrests by the City 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, or agent of said owner, shall be liable to the City for a fine in addition to any towing and storage fines charged by the authorized towing company, as hereinafter provided.
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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
shall subject the owner to a fine of $400.
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 the Illinois Vehicle Code,[5] 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, shall
subject the owner to a fine of $400.
[5]
Editor's Note: See 625 ILCS 5/6-303.
G.
Operation or use of a motor vehicle while soliciting, possessing,
or attempting to possess cannabis or a controlled substance, as defined
by the Cannabis Control Act or the Illinois Controlled Substances
Act, shall subject the owner to a fine of $400.
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
the Illinois Vehicle Code,[7] 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 a fine of $400.
[7]
Editor's Note: See 625 ILCS 5/6-101.
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
the Illinois Vehicle Code[8] shall subject the owner to a fine of $400.
[8]
Editor's Note: See 625 ILCS 5/6-101, 625 ILCS 5/6-303,
and 625 ILCS 5/11-501, respectively.
K.
Operation or use of a motor vehicle 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 shall subject the owner to a fine of $400.
L.
Operation or use of a motor vehicle in the commission of or attempt
to commit any other misdemeanor or felony offense in violation of
the Criminal Code of 1961 or the Criminal Code of 2012 shall subject
the owner to a fine of $400.
[3-20-2023 by Ord. No.
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A.
This chapter shall not replace or otherwise abrogate any existing
state or federal laws or City ordinances pertaining to the vehicle
seizure, towing and impoundment, and the owner of record shall be
subject to the fines and penalties provided in this chapter in addition
to any penalties that may be assessed by a court for any underlying
criminal charges, and in addition to any fines charged by an authorized
towing company for towing and storage.
B.
Fees and fines provided for in this chapter shall not apply if the
vehicle used in the violation was stolen at the time of impounding,
as demonstrated by verifiable proof, such as if the theft was reported
to the appropriate police authorities within 24 hours after the theft
was discovered.
[3-20-2023 by Ord. No.
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A.
Whenever a police officer has probable cause to believe that a vehicle
is subject to towing and impoundment pursuant to this chapter, the
police officer shall provide for the towing of the vehicle to a facility
authorized by the City of Le Roy. The Police Chief is authorized to
develop internal protocol and procedures in this regard.
B.
Before or at the time the vehicle is towed, the police officer shall notify or make a reasonable attempt to notify the owner, lessee, or person identifying himself or herself as the owner or lessee, or any person who is found to be in control of the vehicle at the time of the alleged offense, of the seizure and impoundment, and of the owner's or lessee's right to request a preliminary and an administrative vehicle impoundment hearing to challenge the impoundment, fines, and fees as provided for in Sections 6-6-6 through 6-6-8 of this chapter.
C.
The vehicle shall be impounded pending the completion of the administrative
hearing, unless the owner, lessee, or lienholder of the vehicle posts
with the City a cash bond in the amount of $400 and pays the accrued
towing and storage charges.
[3-20-2023 by Ord. No.
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A.
If the owner of record of a vehicle impounded pursuant to this chapter
desires a preliminary appeal of the impoundment, said owner must make
a request for the preliminary hearing within 24 hours of the impoundment,
excluding Saturdays, Sundays, and City holidays.
B.
Said request shall be in writing and filed with the Chief of Police,
or his or her designee, who shall conduct such preliminary hearing
within 48 hours after receipt of the request, excluding Saturdays,
Sundays, and City holidays.
C.
All interested persons shall be given reasonable opportunity to be
heard at the preliminary vehicle impoundment hearing.
D.
The preliminary hearing shall be recorded and the formal rules of
evidence will not apply. Hearsay evidence shall be admissible only
if it is the type commonly relied upon by reasonably prudent persons
in the conduct of their affairs. Persons appearing at the preliminary
hearing may be represented by counsel at their expense.
E.
If, after the hearing, the Chief of Police, or his or her designee,
determines there is probable cause to believe that the vehicle is
subject to impoundment pursuant to this chapter, he/she shall order
the continued impoundment of the vehicle as provided in this chapter
unless the owner of the vehicle posts with the City a cash bond in
the amount of $400 and pays the accrued towing and storage charges.
F.
If the Chief of Police, or his or her designee, determines that there
is no probable cause to believe that the vehicle is subject to impoundment
pursuant to this chapter, the vehicle will be returned without penalty
or other fines.
[3-20-2023 by Ord. No.
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A.
Within 10 days after a vehicle is impounded pursuant to this chapter, unless the Chief of Police determines that no probable cause exists per Section 6-6-6F of this chapter, the City shall notify, by personal service or certified mail, return receipt requested, the owner of record and any lessee and lienholders of record of the date, time, and location of an administrative hearing that will be conducted, pursuant to this chapter, within 45 days of the service or mailing of said notice of hearing.
B.
The hearing shall be recorded and conducted by a hearing officer, as defined in Section 6-6-1 of this chapter, designated by the City Administrator. Persons appearing at the hearing may be represented by counsel at their expense.
C.
The owner of record or lessee of the impounded vehicle shall appear
at this administrative hearing and enter a plea of guilty or not guilty.
If a plea of guilty is entered, the cause will be disposed of at that
time. If the owner of record of the impounded vehicle enters a plea
of not guilty, the administrative hearing will go forward unless continued
by the hearing officer. If continued, the hearing shall be held within
45 days of the continuance.
D.
At any time prior to the hearing date, the hearing officer may, at
the request of either party, or on his own initiative, 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
people in the conduct of their affairs.
E.
If, after the hearing, the hearing officer determines, by a preponderance
of the evidence, that the impounded vehicle was used in connection
with a violation set forth in this chapter, the hearing officer shall
enter a written decision sustaining the impoundment and finding the
owner of record or lessee of the impounded vehicle civilly liable
to the City for a fine in the amount of $400 and requiring the impounded
vehicle to be impounded until the owner of record pays the fine to
the City plus costs to the authorized towing company of record for
the towing and storage of the vehicle.
F.
If the hearing officer finds no such violation occurred, the hearing
officer shall enter a written order overruling the impoundment and
directing the immediate return of the owner's cash bond without
fines and the release of the vehicle.
[3-20-2023 by Ord. No.
23-03-03-70]
A.
If a fine is imposed pursuant to this chapter, such fine shall constitute
a debt due and owing the City. If a cash bond has been posted pursuant
to this chapter, the bond shall be applied to the fine. If a vehicle
has been impounded when such fine is imposed, the City may seek to
obtain a judgment on the debt and enforce such judgment against the
vehicle's owner as provided by law.
B.
Except as provided otherwise in this chapter, a vehicle shall continue
to be impounded until the fine is paid to the City and any applicable
towing/storage costs are paid to the towing company, 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.
C.
If the fine and other applicable fees and costs are not paid within
35 days after the hearing officer issues a written decision sustaining
the impounding, if no administrative review is sought, or within 35
days after an action for administrative review has been resolved in
favor of the City, whichever is applicable, the vehicle shall be deemed
abandoned and shall be disposed of in a manner provided by law for
the disposition of abandoned vehicles.
[3-20-2023 by Ord. No.
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Except as otherwise specifically provided by law, no owner,
lienholder, or other person shall be legally entitled to take possession
of a vehicle impounded under this section until any fine, administrative
fees and costs applicable under this chapter 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 they agree, in writing, to refund the City
the amount of the net proceeds of any foreclosure sale, less the amounts
required to pay all lienholders of record, not to exceed the fine,
plus applicable towing and storage costs.
[3-20-2023 by Ord. No.
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Any owner, lienholder, or other person with a legal interest
in the vehicle shall have the right to appeal the decision of the
hearing officer to Circuit Court, pursuant to the Administrative Review
Act.[1]
[1]
Editor's Note: See 735 ILCS 5/3-101 et seq.
[3-20-2023 by Ord. No.
23-03-03-70]
All funds related to penalties and forfeiture described in this
chapter shall be managed by the City Clerk. All such funds shall be
deposited in the DUI account of the Le Roy Police Department.
[3-20-2023 by Ord. No.
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If any section, sentence, clause, or phrase of this chapter
is for any reason held to be invalid or unconstitutional by a decision
of any court with competent jurisdiction, such a decision shall not
affect the validity of the remaining portions of this chapter.
