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City of Lincoln, IL
Logan County
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Table of Contents
Table of Contents
Code
Zoning Map New Laws (2) Index
[Ord. 2014-798, 3-3-2014]
(A) 
Impoundment: A motor vehicle, operated with the express or implied permission of the owner of record, that is used in connection with any of the following violations, or which may jeopardize the public's safety and safe vehicular movement and in furtherance of public safety or in the exercise by the police department of its community caretaker functions, may be subject to tow and impoundment by the City, and the owner of record of said vehicle shall be liable to the City for an administrative and processing fee of $500 in addition to any towing and storage fees.
(B) 
Violations:
1. 
Operation or use of a motor vehicle in the commission or attempted commission of any offense for which a motor vehicle may be seized and forfeited pursuant to 720 Illinois Compiled Statutes 5/36-1 et seq.; or
2. 
Driving under the influence of alcohol, other drug or drugs, or intoxicating compounds, in violation of 625 Illinois Compiled Statutes 5/11-501 or a similar provision of this Code; or
3. 
Operation or use of a motor vehicle in connection with the commission or attempted commission of any offense in violation of the provisions of Illinois cannabis control act, 720 Illinois Compiled Statutes 550/1 et seq.; or
4. 
Operation or use of a motor vehicle in connection with the commission or attempted commission of any offense in violation of the Illinois controlled substances act, 720 Illinois Compiled Statutes 570/100 et seq.; or
5. 
Unlawful use of a weapon in violation of 720 Illinois Compiled Statutes 5/24-1; aggravated discharge of a firearm in violation of 720 Illinois Compiled Statutes 5/24-1.5; and unlawful possession of a firearm and firearm ammunition in violation of 720 Illinois Compiled Statutes 5/24-3.1; or
6. 
Driving while driver's license, permit or privilege to operate a motor vehicle is suspended or revoked, the violation of 625 Illinois Compiled Statutes 5/6-303; except that vehicles shall not be subject to seizure impoundment if the suspension is for an unpaid citation (parking or moving), or due to failure to comply with emission testing; or
7. 
Operation or use of a motor vehicle with an expired driver's license in violation of Section 6-101 of the Illinois vehicle code, 625 Illinois Compiled Statutes 5/6-101, where the period of expiration is greater than one year; or
8. 
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, 625 Illinois Compiled Statutes 5/6-101, or operating a motor vehicle without ever having been issued a driver's license or permit due to a person's age; or
9. 
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 the offenses of: driving while license is revoked or suspended, 625 Illinois Compiled Statutes 5/6-303; operating a motor vehicle without a valid driver's license, 625 Illinois Compiled Statutes 5/6-101; and/or driving under the influence of alcohol, other drugs, intoxicating compound(s), or a combination thereof, 625 Illinois Compiled Statutes 5/11-501; or
10. 
Operation or use of a motor vehicle in connection with the commission or attempted commission of any felony offense defined under 720 Illinois Compiled Statutes; or
11. 
Fleeing and eluding in violation of 625 Illinois Compiled Statutes 5/11-204 or 5/11-204.1 or a similar provision of this Code; or
12. 
Operation or use of a motor vehicle in connection with leaving the scene of an accident involving personal injury or property damage in violation of 625 Illinois Compiled Statutes 5/11-401, 5/11-402 or 5/11-403 or any similar provisions of this Code.
[Ord. 2014-798, 3-3-2014]
(A) 
This chapter shall not replace or otherwise abrogate any existing state or federal laws or City ordinances.
(B) 
The owner shall be subject to all fees set forth in this chapter in addition to any penalties that may be assessed by a court of law for the underlying violations.
(C) 
This chapter shall not apply to a vehicle which was stolen at the time of impoundment so long as the theft was reported to appropriate police authorities within 24 hours of its discovery.
(D) 
Fees for towing and storage of a vehicle under this chapter shall be those approved by the Chief of Police and shall be uniform for all similarly situated vehicles.
(E) 
Vehicles shall not be impounded where applicable law does not specifically provide for the forfeiture and towing of the vehicle and an authorized, lawful and unimpaired driver is available to promptly remove the vehicle from the location of an arrest.
[Ord. 2014-798, 3-3-2014]
Whenever a police officer has probable cause to believe that a vehicle is subject to tow and impoundment pursuant to this chapter, the officer shall provide for the towing of the vehicle by a wrecker licensed as authorized by this Code. Prior to towing, the officer shall notify any person identifying himself as the owner of the vehicle or any person who is found to be in control of the vehicle at the time of the alleged violation and who is physically present at the scene of the alleged violation that the vehicle will be towed and impounded.
The officer shall inform any present owner and/or person in control of the vehicle of that person's right to request a hearing to be conducted under Section 9-14-4 of this chapter. An owner may secure release of an impounded vehicle pending completion of the hearings provided for in Section 9-14-4 of this chapter by posting a bond of cash, money order, certified check, or approved credit card payment service with the police department in the amount of $500 and accrued towing and storage charges.
The police department shall hold the cash bond, and accrued towing and storage charges in escrow until such time as a request for hearing would be untimely, or if a hearing has been timely requested, until the hearing is completed in conformance with Section 9-14-4 of this chapter.
[Ord. 2014-798, 3-3-2014]
Within 48 hours after a vehicle is towed/impounded pursuant to this chapter, a representative of the City shall provide a written notice to the owner of the record of such vehicle either by personal delivery or by certified mail, return receipt requested at the address of the owner as it appears in the records of the secretary of state. Delivery of the notice to one joint owner of the vehicle shall constitute notice to all joint owners of the vehicle.
The notice shall advise the owner of his or her right to request a hearing before a hearing officer to determine whether the subject vehicle is eligible for impoundment pursuant to this section. The notice shall state the penalties that may be imposed if no hearing is requested, including that a vehicle that is not released by payment of the penalty and fees may be sold or disposed of by the City in accordance with applicable law.
The owner of record seeking a hearing must file a written request for a hearing with the police department no later than 15 days after the notice was personally delivered or mailed. The hearing shall be conducted by a hearing officer appointed by the Mayor under authority of Title 1, Chapter 22 of this Code.
The hearing shall be scheduled and held, unless continued by order of the hearing officer, no later than 45 days after the request for a hearing has been filed. Not less than 10 days prior to the hearing, the hearing officer will notify the owner of record, by mail, of the date, time, and location of the hearing.
At any time prior to the hearing, the hearing officer may, at the request of the City or the owner, direct witnesses to appear and give testimony at the hearing. The formal rules of evidence will not apply during the hearing, but hearsay evidence shall be admissible only if it is of the type commonly relied upon by reasonable prudent persons in the conduct of their affairs.
If, after considering evidence received during the hearing, the hearing officer determines by a preponderance of the evidence that the vehicle was used in connection with the commission of an offense set forth in Section 9-14-1 of this chapter, the hearing officer shall enter an order finding the owner of the vehicle civilly liable to the City of an administrative and processing fee of $500.
If bond has been posted in accordance with Section 9-14-3 of this chapter, all sums due the City and the tow operator for towing and impoundment fees shall be distributed to the City and tow operator as the case may be.
If the hearing officer enters an order finding the owner of record liable to the City for the administrative fee, any vehicle still impounded shall continue to be impounded until the owner pays the administrative fee to the City plus all applicable towing and storage charges to the tow operator or until disposal of the vehicle pursuant to Section 9-14-6 of this chapter.
If the hearing officer finds by a preponderance of the evidence that the vehicle was not used in connection with the commission of an offense set forth in Section 9-14-1 of this chapter, the hearing officer shall order the immediate return of the owner's vehicle and of any cash bond and may order a return of towing and impoundment fees.
[Ord. 2014-798, 3-3-2014]
A final order entered by a hearing officer under Section 9-14-4 of this chapter is subject to review under the administrative review act found at 735 Illinois Compiled Statutes 5/3-101 et seq.
[Ord. 2014-798, 3-3-2014]
The administrative fee as imposed pursuant to this chapter shall constitute a debt due and owing the City. The debt may be satisfied by the bond posted pursuant to this chapter or where no bond is posted by cash, money order, certified check, or approved credit card payment service.
If the administrative penalty and applicable towing and impoundment fees are not paid within 30 days after the expiration of time for administrative review of the hearing officer's determination or within 30 days after an action seeking administrative review has been resolved and in favor of the City, whichever is applicable, the vehicle shall be deemed unclaimed and shall be disposed of in the manner provided for the disposition of unclaimed vehicles under the Illinois vehicle code.
[Ord. 2014-798, 3-3-2014]
Except as otherwise provided by law, no owner, lienholder or other person shall be legally entitled to take possession of a vehicle impounded under this chapter until the bond and towing and impoundment fees are paid or the administrative penalty and fees applicable under this chapter have been paid.
Whenever a person with a lien of record against an impounded vehicle has commenced proceedings to repossess the vehicle, possession of the vehicle shall be given to that person if she or he agrees in writing to pay to the City from proceeds of the sale of the vehicle, the administrative fee, plus applicable towing and storage charges.