For the purpose of this article, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
AGGRAVATED SPEEDING
Any violation as defined in § 11-601.5(a) of the
Illinois Vehicle Code (625 ILCS 5/11-601.5), as amended from time
to time.
CONTROLLED SUBSTANCE
Any substance as defined and included in the schedules contained
in article II of the Illinois Controlled Substance Act (720 ILCS 570/101,
et seq.), as amended from time to time, and cannabis (more than 30
grams) as defined in the Cannabis Regulation and Tax Act (410 ILCS
705/1-1, et seq.).
DRAG RACING
A violation of § 11-506 of the Illinois Vehicle
Code (625 ILCS 5/11-506), as amended from time to time.
DRIVING UNDER THE INFLUENCE
Any violation as defined in § 11-501 of the Illinois
Vehicle Code (625 ILCS 5/11-501), as amended from time to time.
DRUG PARAPHERNALIA
Any equipment, product, and/or materials as defined in § 2
of the Drug Paraphernalia Act (720 ILCS 600/2), as amended from time
to time.
HEARING OFFICER
A licensed attorney who is not an officer or employee of
the City.
LEAVING THE SCENE OF AN ACCIDENT
A violation of § 11-401 (625 ILCS 5/11-401) or
§ 11-402 (625 ILCS 5/11-402) of the Illinois Vehicle Code,
as amended from time to time.
RECKLESS DRIVING
A violation of § 11-503 of the Illinois Vehicle
Code (625 ILCS 5/11-503), as amended from time to time.
SOLICITATION OF PROSTITUTION
A violation of one or more of the following statutes of the
Illinois Criminal Code of 2012, as amended: "Prostitution" (720 ILCS
5/11-14); "Solicitation of a Sexual Act" (720 ILCS 5/11-14.1); or
"Patronizing a Minor Engaged in Prostitution" (720 ILCS 5/11-18.1.
UNDERAGE POSSESSION OF ALCOHOL
The possession of any alcoholic beverage(s) without an individual
of legal age being present and in possession of said alcohol or without
any exemptions under the law being applicable.
UNLAWFUL USE OF WEAPONS
A violation of one or more of the following statutes of the
Illinois Criminal Code of 2012, as amended: "Unlawful Use of Weapons"
(720 ILCS 5/24-1); "Unlawful Possession of Firearms and Firearm Ammunition"
(720 ILCS 5/24-3.1); or, "Unlawful Sale or Delivery of Firearms on
the Premises of any School" (720 ILCS 5/24-3.3).
An owner of record shall be in violation of this section if
his/her vehicle is used in conjunction with the following:
(B) Unless otherwise authorized by state law, the possession or delivery
of a controlled substance or drug paraphernalia;
(E) Driving during or after the commission of a felony;
(F) Driving under the influence;
(G) Driving while license, permit or privilege to operate a motor vehicle
is suspended or revoked;
(H) Operating a vehicle with an outstanding criminal warrant;
(I) Fleeing and eluding a peace officer;
(J) Illegal transportation of open alcohol;
(K) Operation of a motor vehicle without a valid driver's license;
(M) Solicitation of prostitution;
(N) Transportation or possession of stolen goods or property;
(O) Underage possession of alcohol;
(P) Unlawful use of weapons; and
(Q) Leaving the scene of an accident.
Any vehicle seized and impounded under §
19.172 shall be held as bond to secure the personal appearance of the owner at the administrative hearing. If a cash bond in the amount of $600 is posted with the City, the impounded vehicle will be released to the owner of record, upon the payment by the owner of record of the towing and storage costs. If a penalty is imposed for a violation of this article, the cash bond will be forfeited to the City; provided, however, in the event that a violation of this article is not proven, the cash bond will be returned to the person posting the bond. All cash bond money posted pursuant to this article will be held by the City until the hearing officer issues a decision, or, if there is a judicial review, until a reviewing court issues a final decision.
Where the owner of a motor vehicle seized under the provisions
of this article requests a preliminary hearing within 12 hours after
the seizure of the motor vehicle, the Watch Commander or any supervising
officer must conduct a preliminary hearing within 24 hours after the
request for preliminary hearing is received by the City; provided,
however, that if the date for the hearing falls on a Saturday, Sunday,
or legal holiday, the preliminary hearing will be held on the next
business day following the Saturday, Sunday or legal holiday. No preliminary
hearing shall be required or granted to an owner whose vehicle was
not seized or impounded pursuant to this article. For purposes of
this section, the following shall apply:
(A) All interested persons will be given a reasonable opportunity to
be heard at the preliminary hearing.
(B) The formal rules of evidence will not apply at the hearing, and hearsay
testimony will be allowed, and will be admissible.
(C) If, after the conclusion of the hearing, the Watch Commander or supervising officer determines that there is probable cause to believe that the vehicle was used as hereinabove provided in §
19.171, he/she shall order the continued impoundment of the vehicle, unless the owner of the vehicle posts a cash bond with the City in the amount of $600, plus the towing and storage costs.
(D) If the Watch Commander or supervising officer determines that there is not probable cause to believe that the vehicle was used as hereinabove provided in §
19.171, the motor vehicle will be returned to the owner of record of the vehicle without any penalty or other costs.