[Amended 11-9-2006; 1-11-2007 by Ord. No. 2007-01-11-B; 4-12-2007 by Ord. No. 2007-04-12A; 11-21-2013 by Ord. No. 2013-11-21-C; 1-19-2017 by Ord. No. 2017-01-19-A; 1-17-2019 by Ord. No. 2019-01-17-A]
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) 
The driver or any other person within the motor vehicle commits an act of prostitution or solicitation for prostitution in violation of the Illinois Criminal Code, 720 ILCS 5/11-14 or 5/11-18.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2) 
The driver or any other person within the motor vehicle commits the offense of illegal dumping, in violation of Chapter 250, Solid Waste, § 250-3, of the Code of Ordinances of Tilton, Illinois.
(3) 
The driver of the motor vehicle, while being under 21, is in possession of or has consumed an alcoholic beverage in violation of the Illinois Liquor Control Act, 235 ILCS 5/6-20, or Tilton Chapter 195, Offenses, § 195-16.
(4) 
The driver or any other person within the motor vehicle commits a violation of the Illinois Criminal Code, 720 ILCS 646/25, concerning the transportation of anhydrous ammonia.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(5) 
The driver or any other person within the motor vehicle commits a violation of the Illinois Criminal Code, 720 ILCS 5/24-1.5, Reckless Discharge of a Firearm.
(6) 
The driver or any other person within the motor vehicle commits a violation of Chapter 195, Offenses, § 195-18 or § 195-19, regarding possession of cannabis or possession of drug paraphernalia, in a motor vehicle. If the driver or any other person within the motor vehicle is in possession of cannabis less than 10 grams, then the car may still be impounded, but the fine or PNT is reduced to $200.
(7) 
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.).
(8) 
The driver or any other person within the motor vehicle commits any act of criminal damage to property or vandalism in violation of Chapter 195, Offenses, of the Tilton Code of Ordinances or any similar provision under state law and only where the damage or vandalism results in injury to a person or damage to property.
(9) 
The driver or any other person within the motor vehicle commits any act of criminal trespass in violation of Chapter 195, Offenses, of the Tilton Ordinance or any similar provision under state law.
(10) 
The driver or any other person in possession of a motor vehicle commits a violation of the Illinois Motor Vehicle Code, 625 ILCS 5/12-611, Sound Amplification Systems; or breach of the peace constituting disorderly conduct under Chapter 195, Offenses, § 195-8.
(11) 
The driver or other person in control of a motor vehicle commits a violation of the Illinois Vehicle Code, 625 ILCS 5/6-101, by operating the vehicle without a license or permit.
(12) 
The driver or other person in control of a motor vehicle commits a violation of the Illinois Vehicle Code, 625 ILCS 5/6-303, by operating the vehicle when the person's license or permit has been suspended or revoked.
(13) 
The driver or other person in control of a motor vehicle commits a violation of the Illinois Vehicle Code, 625 ILCS 5/11-501, by operating a motor vehicle while under the influence of alcohol or drugs, and/or commits a violation of the Illinois Vehicle Code, 625 ILCS 5/11-502, Subsection (a), and 5/11-502, Subsection (b).
(14) 
The driver or other person in control of a motor vehicle commits a violation of the Illinois Vehicle Code, 625 ILCS 5/11-503, driving recklessly or committing aggravated reckless driving.
(15) 
The driver or other person in control of a motor vehicle commits a violation of the Illinois Vehicle Code, 625 ILCS 5/11-506, Street racing.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(16) 
The driver or other person in control of a motor vehicle commits a violation of the Illinois Vehicle Code, 625 ILCS 5/4-104(a)1 through (a)5, by violating the provisions relating to possession of title and registration.
(17) 
The driver or other person in control of a motor vehicle commits a violation of the Illinois Vehicle Code, 625 ILCS 5/3-707, operating the vehicle without insurance.
(18) 
The driver or other person in control of a motor vehicle commits a violation of the Illinois Vehicle Code, 625 ILCS 5/3-702, operating a motor vehicle when the registration has been cancelled, suspended or revoked.
(19) 
The driver or other person in control of a motor vehicle commits a violation of the Illinois Vehicle Code, 625 ILCS 5/3-708, operating a motor vehicle when the registration has been suspended for noninsurance.
(20) 
The driver or other person in control of a motor vehicle commits a violation of the Illinois Vehicle Code, 625 ILCS 5/3-710, displaying false evidence of insurance.
(21) 
The driver or other person in control of a motor vehicle commits a violation of the Illinois Vehicle Code, 625 ILCS 5/11-401, failing to stop after an accident involving death or personal injuries.
(22) 
The driver or other person in control of a motor vehicle commits a violation of the Illinois Vehicle Code, 625 ILCS 5/11-402, failure to stop after an accident in which a motor vehicle sustains damage.
(23) 
The driver or other person in control of a motor vehicle commits a violation of the Illinois Vehicle Code, 625 ILCS 5/11-403, failure to give information or render assistance after a motor vehicle accident.
(24) 
The driver or other person in control of a motor vehicle commits a violation of the Illinois Vehicle Code, 625 ILCS 5/11/404, failure to stop and notify the owner after a property damage accident.
(25) 
The driver or other person in control of a motor vehicle commits a violation of the Illinois Vehicle Code, 625 ILCS 5/11-406, failure to submit a written report involving a motor vehicle accident.
(26) 
The driver or other person in control of a motor vehicle commits a violation of the Illinois Vehicle Code, 625 ILCS 5/11-407, failure to give notice of an accident where no police officer is present.
(27) 
The driver or other person in control of a motor vehicle commits a violation of the Illinois Vehicle Code, 625 ILCS 5/11-409, giving false information regarding a motor vehicle accident.
(28) 
The driver or any other person within the motor vehicle commits a violation of 720 ILCS 5/31-1, resisting a peace office, or 720 ILCS 5/12-2 or 5/12-3.05, aggravated assault or battery to a peace officer.
[Amended 1-20-2022 by Ord. No. O-2022-0120]
(29) 
The driver or passenger of a motor vehicle commits any violation of Article VIII, pertaining to theft, of this chapter of the Village Code or similar violation of the Illinois Criminal Code.
[Amended 5-16-2024 by Ord. No. 2024-0516]
(30) 
The driver or any other person in control of a motor vehicle commits any felony for which seizure is authorized under the Illinois Criminal Code of 1961, 5/36-1 (720 ILCS 5/36-1).
(31) 
The driver or any other person within the motor vehicle commits a violation of 625 ILCS 5/11-204, fleeing or attempting to elude a police office.
B. 
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.
[Amended 1-20-2022 by Ord. No. O-2022-0120]
C. 
The term "motor vehicle" as used in this article 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 article 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), and shall include every other vehicle which is self-propelled, including golf carts and other slow-moving vehicles.
[Amended 1-20-2022 by Ord. No. O-2022-0120]
This article shall not apply:
A. 
If the motor vehicle used in the violation is 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 licensed taxi or bus 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 article, the police officer 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 post a cash bond to recover the vehicle.
A. 
Whenever the owner of record of a motor vehicle seized and impounded pursuant to this article desires to appeal the seizure as provided in § 295-28, but 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 designated hearing department. The amount of bond shall be $500.
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 article 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 designated hearing officer shall conduct such hearing within 72 hours after the request, excluding Saturdays, Sundays and holidays. The designated hearing officer shall be the Mayor or his or her designee. 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 article, 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, or if the owner of record is otherwise personally serviced with the notice of hearing and acknowledges the receipt of the notice in writing, within 10 days after a motor vehicle is seized and impounded pursuant to this article, the Village or designee shall notify, or send notice 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 31 days after the motor vehicle was seized.
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 § 295-24 and that none of the exceptions set forth in § 295-25 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 article. If a cash bond has been previously posted, the bond shall be applied to the fees owed under § 295-29. 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.
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, he shall pay the costs of the preparation and transcription of the record of the hearing.
A. 
Whenever a motor vehicle is used in the commission of or in conjunction with any of the offenses described in § 295-24, 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 $300 for the first offense, $500 for the second offense and $750 for all subsequent offenses, plus any applicable towing and storage fees.
B. 
Costs. In addition to any fine or other penalty imposed pursuant to this article, 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 fee.
C. 
If a penalty is imposed pursuant to this article, 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 any fines and fees imposed pursuant to this article from the bond so posted.
D. 
Except as otherwise provided in this article, 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 article, 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 article, whenever a person with a lien of record against a motor vehicle impounded under this article has commended 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 lienholders of record, up to the total amount of penalties imposed pursuant to this article which are outstanding.
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 article, 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 a record who is found in default, may be disposed of as an unclaimed motor vehicle as provided by law.