[HISTORY: Adopted by the President and Board of Trustees of the Village of Forrest April 2021 by Ord. No. 2011-01 (§ 16.10 of the 2008 Municipal Code). Amendments noted where applicable.]
For purposes of this chapter and the interpretation and enforcement thereof, the words, terms and phrases set forth below shall have the meanings respectively ascribed to them as follows:
MOTOR VEHICLE
Every vehicle which is self-propelled, including but not limited to automobiles, trucks, vans, motorcycles, and motor scooters.
REGISTERED OWNER
Collectively, the record title holder or holders of the Motor Vehicle.
A. 
The registered owner of any motor vehicle shall be liable to the Village of Forrest, Illinois, for an administrative penalty in the amount of $350, plus any applicable towing and storage fees payable to a towing agent, whenever any such motor vehicle is used in the commission of any of the following offenses and any motor vehicle used in the commission of any such offenses shall be subject to seizure and impoundment as provided in this section:
(1) 
The knowing possession of more than 30 grams of cannabis as provided in Section 4 of the Cannabis Control Act (720 ILCS 550/4) or the knowing possession of a controlled substance as provided in Section 402 of the Illinois Controlled Substances Act (720 ILCS 570/402).
(2) 
Driving under the influence of alcohol, drugs and/or intoxicating compounds as provided in Section 11-501 of the Illinois Vehicle Code (625 ILCS 5/11-501).
(3) 
Driving on a suspended or revoked license as defined in Section 5/6-303 of the Illinois Vehicle Code (625 ILCS 5/6-303).
(4) 
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.
[Added at time of adoption of Code (see Ch. 100, General Provisions, Art. I)]
(5) 
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.
[Added at time of adoption of Code (see Ch. 100, General Provisions, Art. I)]
(6) 
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.
[Added at time of adoption of Code (see Ch. 100, General Provisions, Art. I)]
(7) 
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.
[Added at time of adoption of Code (see Ch. 100, General Provisions, Art. I)]
(8) 
Operation or use of a motor vehicle while soliciting, possessing, or attempting to solicit or possess cannabis or a controlled substance, as defined by the Cannabis Control Act or the Illinois Controlled Substances Act.
[Added at time of adoption of Code (see Ch. 100, General Provisions, Art. I)]
(9) 
Operation or use of a motor vehicle with an expired driver's license, in violation of Section 6-101 of the Illinois Vehicle Code, if the period of expiration is greater than one year.
[Added at time of adoption of Code (see Ch. 100, General Provisions, Art. I)]
(10) 
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, or operating a motor vehicle without ever having been issued a driver's license or permit due to a person's age.
[Added at time of adoption of Code (see Ch. 100, General Provisions, Art. I)]
(11) 
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.
[Added at time of adoption of Code (see Ch. 100, General Provisions, Art. I)]
(12) 
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.
[Added at time of adoption of Code (see Ch. 100, General Provisions, Art. I)]
(13) 
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.
[Added at time of adoption of Code (see Ch. 100, General Provisions, Art. I)]
(14) 
Operation or use of a motor vehicle in violation of Section 11-503 of the Illinois Vehicle Code:
[Added at time of adoption of Code (see Ch. 100, General Provisions, Art. I)]
(a) 
While the vehicle is part of a funeral procession; or
(b) 
In a manner that interferes with a funeral procession.
B. 
For purposes of this section, a motor vehicle is not considered to have been used in a violation, that would render such motor vehicle eligible for seizure and impoundment if:
(1) 
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;
(2) 
The motor vehicle was operating as a commercial carrier and the violation occurred without the knowledge of the person in control of the motor vehicle: or
(3) 
The alleged registered owner provides adequate proof that the motor vehicle had been sold to another person prior to the violation.
[Amended at time of adoption of Code (see Ch. 100, General Provisions, Art. I)]
Whenever a police officer has probable cause to believe that a motor vehicle is subject to seizure and impoundment pursuant to § 455-2 of this chapter, such police officer shall provide for the towing of such motor vehicle to a facility designated by the Village of Forrest, Illinois. Before or at the time the motor vehicle is towed, the police officer shall notify or make a reasonable attempt to notify the registered owner or the person in control of the motor vehicle at the time of the alleged violation, whichever is present if there is such a person, of the fact of the seizure and impoundment and of the right of the registered owner to request a vehicle impoundment hearing under this chapter.
[Amended at time of adoption of Code (see Ch. 100, General Provisions, Art. I)]
Within 10 days after a motor vehicle is seized and impounded pursuant to § 455-3 of this chapter, the police department shall notify by certified mail the registered owner and any lien holder of record of the fact of the seizure and impoundment and the right to request a motor vehicle impoundment hearing under this chapter. However, no such notice need be sent to the registered owner if the registered owner is personally served with the notice at the time the motor vehicle is seized and impounded and the registered owner acknowledges receipt of such notice in writing. A copy of such notice shall be forwarded to the hearing officer. The notice shall state the penalties that may be imposed if no hearing is requested, including that a motor vehicle not released by payment of the administrative penalty and applicable towing and storage fees may be sold or disposed of by the Village of Forrest, Illinois, in accordance with applicable law. The notice must include the date, time, and location of the administrative hearing, which hearing shall be within 45 days after the date of mailing of notice.
The registered owner seeking a vehicle impoundment hearing shall file a written request for such a hearing with the Village Clerk of the Village of Forrest, Illinois, no later than 15 days after notice was mailed or otherwise given to the registered owner under § 455-3 or 455-4 of this chapter. The hearing date shall be no more than 10 calendar days after a request for a vehicle impoundment hearing has been filed. If, after the vehicle impoundment hearing, the hearing officer determines by a preponderance of the evidence that the motor vehicle was used in the violation, the hearing officer shall enter an order finding the registered owner liable to the Village of Forrest, Illinois, for the amount of the administrative penalty prescribed, plus applicable towing and storage fees payable to the towing agent. If, after a hearing, the hearing officer does not determine by a preponderance of the evidence that the motor vehicle was used in such a violation, the hearing officer shall enter an order finding for the registered owner and for the return of the motor vehicle and any previously paid administrative penalty and applicable towing and storage fees: provided that if the motor vehicle was seized and impounded pursuant to state or federal drug asset forfeiture laws, the motor vehicle shall not be returned unless and until the Village of Forrest, Illinois, receives notice from the appropriate state, or where applicable, federal officials that: (a) forfeiture proceedings will not be instituted: or (b) forfeiture proceedings have concluded and there is a settlement or a court order providing that the motor vehicle shall be returned to the registered owner. If the registered owner requests a vehicle impoundment hearing but fails to appear at such hearing or fails to request a vehicle impoundment hearing in a timely manner, the registered owner shall be deemed to have waived his or her right to such a hearing and the hearing officer shall enter a default order in favor of the Village of Forrest, Illinois, for the amount of the administrative penalty prescribed, plus applicable towing and storage fees payable to the towing agent. However, if the registered owner pays such administrative penalty and applicable towing and storage fees and the motor vehicle is returned to the registered owner, no default order need be entered if the registered owner is informed of his or her right to a hearing and signs a written waiver, in which case an order of liability shall be deemed to have been made when the Village of Forrest, Illinois, receives the written waiver.
A. 
The Hearing Officer shall be an attorney licensed to practice law in the State of Illinois for a minimum of three years.
[Amended at time of adoption of Code (see Ch. 100, General Provisions, Art. I)]
B. 
All interested persons shall be given a reasonable opportunity to be heard at any vehicle impoundment hearing. The formal rules of evidence will not apply at any such hearing.
C. 
Any sworn or affirmed report, including a report prepared in compliance with Section 11-501.1 of the Illinois Vehicle Code (625 ILCS 5/11-501.1) that: (a) is prepared in the performance of a law enforcement officer's duties; and (b) sufficiently describes the circumstances leading to the impoundment shall be admissible evidence of the registered owner's liability under § 455-2 of this chapter and shall support a finding of the registered owner's liability under § 455-2 of this chapter unless rebutted by clear and convincing evidence.
An administrative penalty imposed pursuant to this chapter shall constitute a debt due and owing the Village of Forrest, Illinois, which may be enforced in any manner provided by law.
A. 
Except as otherwise provided in this chapter, a motor vehicle impounded pursuant to this chapter shall remain impounded until:
(1) 
The administrative penalty is paid in full to the Village of Forrest, Illinois, and all applicable towing and storage fees are paid to the towing agent, in which case the registered owner shall be given possession of the motor vehicle;
(2) 
A cash bond in the amount of $350 is posted with the Village of Forrest, Illinois, and all applicable towing and storage fees are paid to the towing agent, at which time the motor vehicle shall be released to the registered owner; or
(3) 
The motor vehicle is sold or otherwise disposed of to satisfy a judgment or enforce a lien as provided by law.
B. 
Notwithstanding any other provision of this section, whenever a person with a lien of record against a motor vehicle impounded under this section has commenced foreclosure proceedings, possession of the motor vehicle shall be given to that person if he or she pays the applicable towing and storage fees and agrees in writing to refund to the Village of Forrest, Illinois, the net proceeds of any foreclosure sale, less any amounts necessary to pay all lien holders of record, up to the total amount of administrative penalties imposed under this section.
C. 
Notwithstanding any other provision of this section, no vehicle that was seized and impounded pursuant to state or federal drug asset forfeiture laws shall be returned to the registered owner unless and until the Village of Forrest, Illinois, has received notice from the appropriate state, or where applicable, federal officials that:
(1) 
Forfeiture proceedings will not be instituted; or
(2) 
Forfeiture proceedings have concluded and there is a settlement or a court order providing that the vehicle shall be returned to the registered owner.
If a cash bond in the amount of $350 is posted with the Village of Forrest, Illinois, the impounded motor vehicle shall be released to the registered owner upon the payment of any applicable towing and storage fees to the towing agent. If an administrative penalty is imposed for any violation under § 455-2 of this chapter, the $350 cash bond will be forfeited to the Village of Forrest, Illinois; however, in the event a violation under § 455-2 of this chapter, is not proven by preponderance of the evidence, the $350 cash bond will be returned to the person posting the bond. All bond money to be forfeited to the Village of Forrest, Illinois, pursuant to this section shall be held by the Village of Forrest, Illinois, until 30 days after an administrative penalty is imposed by the hearing officer under this section, or, if there is a judicial review, until such judgment is rendered by a court of competent jurisdiction.
[Amended at time of adoption of Code (see Ch. 100, General Provisions, Art. I)]
If the administrative penalty and applicable towing and storage fees are not paid within 35 days after an administrative penalty is imposed under this chapter against an registered owner who defaults by failing to appear at the vehicle impoundment hearing, the motor vehicle shall be deemed unclaimed and shall be disposed of in the manner provided by law for the disposition of unclaimed vehicles. In all other cases, if the administrative penalty and applicable towing and storage fees are not paid within 30 days after the expiration of time at which administrative review of the hearing officer's determination may be sought, or within 35 days after an action seeking administrative review has been resolved in favor of the Village of Forrest, Illinois, whichever is applicable, the motor vehicle shall be deemed unclaimed and shall be disposed of in the manner provided by law for the disposition of unclaimed vehicles; provided that, if the motor vehicle was seized and impounded pursuant to state or federal drug asset forfeiture laws and proceedings have been instituted under state or federal drug asset forfeiture laws, the motor vehicle may not be disposed of by the Village of Forrest, Illinois, except as consistent with those proceedings.