City of Columbia, IL Impoundment of Motor Vehicles

The record title holder(s) of the motor vehicle as registered with the Secretary of State, State of Illinois; or if not registered in Illinois, the particular state where the motor vehicle is registered.

§ 350-13.2 Violations authorizing impoundment.

Any motor vehicle, operated with the express or implied permission of the owner of record, that is used in connection with the following violations shall be subject to seizure and impoundment by the City, and the owner of record of said motor vehicle shall be liable to the City for a Level 1 administrative fee, as provided for in this article, in addition to any towing and storage fees as hereinafter provided.

State Statute	Violations
625 ILCS 5/6-303	Driving while license revoked
625 ILCS 5/11-204	Fleeing or attempting to elude a peace officer
625 ILCS 5/11-501	Driving under the influence of alcohol/drugs
625 ILCS 5/11-503	Reckless driving or aggravated reckless driving
625 ILCS 5/11-506	Street racing; aggravated street racing
625 ILCS 5/11-601.5	Driving at 31 MPH more, but less than 40 MPH over the applicable speed limit - Class B misdemeanor; or driving 40 MPH or more over the applicable speed limit - Class A misdemeanor
720 ILCS 5/11-6	Indecent solicitation of a child
720 ILCS 5/12-2	Aggravated assault
720 ILCS 5/12-3.05	Aggravated battery
720 ILCS 5/16-25	Retail theft of merchandise (exceeding $300 in value)
720 ILCS 5/18-1	Robbery
720 ILCS 5/18-2	Armed robbery
720 ILCS 5/19-1	Burglary
720 ILCS 5/19-3	Residential burglary
720 ILCS 5/20-1	Arson
720 ILCS 5/20-1.1	Aggravated arson
720 ILCS 5/20-2	Possession of explosives or incendiary devices
720 ILCS 5/21-1	Criminal damage to property
720 ILCS 5/24-1	Unlawful use of weapons
720 ILCS 5/24-3.1	Unlawful possession of firearms and firearm ammunition
720 ILCS 5/24-3.3	Unlawful sale or delivery of firearms on the premises of a school
720 ILCS 5/25-1	Mob action
720 ILCS 550/4	Possession of more than 10 grams or any substances containing cannabis
720 ILCS 550/5	Manufacture or delivery of cannabis
720 ILCS 550/5.1	Cannabis trafficking
720 ILCS 550/5.2	Delivery of cannabis on school grounds
720 ILCS 550/8	Unauthorized production or possession of cannabis sativa plant
720 ILCS 570/401	Manufacture or delivery of an unauthorized controlled substance
720 ILCS 570/401.1	Controlled substance trafficking
720 ILCS 570/402	Unauthorized possession under the Controlled Substances Act

For any motor vehicle, operated with the express or implied permission of the owner of record, that is used in connection with any violation of federal, state, or local law that is not listed in Subsection A of this section, including arrest warrants, which results in seizure and impoundment of the vehicle by the City, the owner of record of said motor vehicle shall be liable to the City for a Level 2 administrative fee, as provided for in this article, in addition to any towing and storage fees as hereinafter provided.

§ 350-13.3 Seizure and impoundment.

Whenever a police officer has reason 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 approved by the City. This article 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.

The police officer shall notify any person identifying himself as the owner of the motor vehicle or any person who is found to be in control of the motor vehicle at the time of the alleged violation, if there is such a person, of the fact of the seizure and of the motor vehicle owner's right to an administrative hearing to be conducted under this article.

§ 350-13.4 Administrative hearing.

Within 10 days after a motor vehicle is seized and impounded pursuant to this article, the City shall notify by personal service or by first class mail the owner of record, lessee, and all lienholders of record, of the right to a hearing, along with the date, time and location of the hearing, to challenge whether a violation of this article has occurred. The hearing date must be scheduled and convened no later than 45 days after the mailing of the notice, or issuance of the notice of hearing. All interested persons shall be given a reasonable opportunity to be heard at the hearing. The formal rules of evidence shall not apply at the hearing, and hearsay evidence shall be admissible.

If, after the hearing, the hearing officer determines by a preponderance of the evidence that the impounded motor vehicle was used in a violation described in § 350-13.2 of this article, then the hearing officer shall enter an order finding the owner of record of the motor vehicle liable to the City for the applicable administrative fee.

If, after the hearing, the hearing officer does not determine by a preponderance of the evidence that the impounded motor vehicle was used in such a violation, the hearing officer shall enter an order finding for the owner and for the return of the motor vehicle, or the administrative fees if already paid.

If the owner of record fails to appear at the hearing, the owner of record shall be deemed to have waived his or her right to a hearing. If the owner of record pays such administrative fee and the motor vehicle is returned to the owner, no default order need be entered if the owner was informed of his or her right to a hearing, in which case an order of liability shall be deemed to have been made when the City receives the written waiver.

If a bond in the amount equal to the applicable administrative fee is posted with the Columbia Police Department, the impounded motor vehicle shall be released to the owner of record. The owner of the motor vehicle shall still be liable to the towing agent for any applicable towing fees.

If an administrative fee is imposed for a violation described in § 350-13.2 of this article, the bond will be forfeited to the City; however, if a violation described in said section is not proven by a preponderance of the evidence, the bond will be returned to the person posting the bond. All bond money posted pursuant to this article shall be held by the City until the hearing officer issues a decision, or, if there is a judicial review, until the court of jurisdiction issues its order(s).

All decisions of the administrative hearing officer shall be subject to review under the provisions of the Illinois Administrative Review Law.

§ 350-13.5 Disposition of impounded vehicles.

An administrative fee imposed pursuant to this article shall constitute a debt due and owing the City. A motor vehicle impounded pursuant to this article shall remain impounded until:

The administrative fee is paid to the City and all applicable towing fees are paid to the towing agent, in which case the owner of record shall be given possession of the motor vehicle;

A bond in an amount equal to the applicable administrative fee is posted with the Columbia Police Department and all applicable towing fees are paid to the towing agent, at which time the motor vehicle will be released to the owner of record; or

The motor vehicle is deemed abandoned, in which case the motor vehicle shall be disposed of in the manner provided by law for the disposition of abandoned motor vehicles.

§ 350-13.6 Disposition of unclaimed vehicles.

Any motor vehicle that is not reclaimed within 35 days after: 1) the expiration of the time during which the owner of record may seek judicial review of the City's action under this article, or 2) the time at which a final judgment is rendered against an owner of record who is in default may be disposed of as an unclaimed motor vehicle as provided by law; provided, however, that where proceedings have been instituted under state or federal drug asset forfeiture laws, the subject motor vehicle may not be disposed of by the City except as consistent with those proceedings.

§ 350-13.7 Towing agency.

It shall be the duty of the towing or storage company in possession of the impounded motor vehicle to obtain documentation issued by the Columbia Police Department confirming compliance with the foregoing requirements, and retain photocopies of that documentation in the company's files for a period of not less than six months following release of the motor vehicle. The foregoing information shall be made available to the authorities of the City for inspection and copying, upon request, by the towing or storage company. The towing or storage company is prohibited from releasing any motor vehicle towed and impounded pursuant to the provisions of this article until and unless the company obtains the documentation as aforesaid.

The towing or storage company shall be entitled to receive a reasonable fee from the owner or person entitled to possession of any impounded motor vehicle prior to the release of the motor vehicle. The fee shall be to cover the cost of removing said motor vehicle and, in addition thereto, the cost of storage of said motor vehicle for each day or fraction thereof that said motor vehicle shall have remained stored.

The fees in this section shall be in addition to any fee levied or assessed against the owner or operator of said impounded motor vehicle by reason of violation of any ordinance or statute and any arrest which may have resulted from such violation.

§ 350-13.8 Refund of administrative fee.

In the event a judgment of "not guilty" is entered by a court of competent jurisdiction on all underlying charges that could have resulted in the impoundment of a motor vehicle, then within 30 days of presentation of a certified copy of said judgment to the Columbia Police Department, any administrative fees or posted bonds obtained by the City shall be refunded to the paying party.