[Added 3-25-2008 by Ord.
No. 5-2008; amended 11-22-2016 by Ord. No. 7-2016; 3-12-2019 by Ord. No. 02-2019; 8-13-2019 by Ord. No. 08-2019; 3-12-2024 by Ord. No. 3-2024]
For the purpose of this article, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
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.
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.).
A violation of § 19.02 of the Municipal Code of Hometown.
A violation of § 11-506 of the Illinois Vehicle
Code (625 ILCS 5/11-506), as amended from time to time.
Any violation as defined in § 11-501 of the Illinois
Vehicle Code (625 ILCS 5/11-501), as amended from time to time.
Any violation as defined in § 6-303 of the Illinois
Vehicle Code (625 ILCS 5/6-303), as amended from time to time, excepting
those instances where a license has been suspended or revoked as a
result of vehicle emissions.
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.
During or returning from the commission of a felony as defined
by Illinois and federal statute.
Any violation as defined in § 11-204 of the Illinois
Vehicle Code (625 ILCS 5/11-204), as amended from time to time.
A licensed attorney who is not an officer or employee of
the City.
Any violation as defined in § 11-502 of the Illinois
Vehicle Code (625 ILCS 5/11-502), as amended from time to time.
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.
A violation of § 6-101 of the Illinois Vehicle
Code (625 ILCS 5/6-101), as amended from time to time, where the driver's
license or driving privileges canceled or never obtained.
Any valid and active criminal warrant.
The record title holder to a motor vehicle.
A violation of § 11-503 of the Illinois Vehicle
Code (625 ILCS 5/11-503), as amended from time to time.
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.
Any goods or property illegally obtained or not paid for
with full consideration.
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.
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:
(A)
Aggravated speeding;
(B)
Unless otherwise authorized by state law, the possession or delivery
of a controlled substance or drug paraphernalia;
(C)
Curfew violation;
(D)
Drag racing;
(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;
(L)
Reckless driving;
(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.
(A)
A motor vehicle used in the manner described in § 19.171 shall be subject to seizure and impoundment. Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this article, the police officer shall cause the motor vehicle to be towed to a facility controlled by the City or its agents. When the vehicle is towed, the police officer shall notify any person identifying himself or herself 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, if there is such a person, of the fact of the seizure and of the vehicle owners right to request a preliminary hearing as provided in this article.
(B)
Any police officer who has probable cause to believe that the vehicle
is subject to seizure and impoundment under this article shall first
ascertain whether the impoundment is necessary and reasonable under
the circumstances. If the vehicle is capable of being removed from
the scene by an individual who is present on the scene, and who has
permission from the owner of the vehicle to drive the vehicle, and
the individual is otherwise capable of lawfully operating a motor
vehicle in the State of Illinois, the police officer shall allow that
individual to remove the vehicle without being subject to seizure
and impoundment. Similarly, if the vehicle is parked legally, and/or
will not present a hazard to the public safety or otherwise jeopardize
the efficient movement of vehicular traffic at its location, the officer
shall permit the vehicle to remain at its location without being seized
or impounded pursuant to this article. This determination shall not
apply when the vehicle is required to be seized or impounded due to
investigative measures or when a vehicle is seized or impounded pursuant
to another lawful purpose.
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.
(A)
Notice of hearing. Within 45 days after a vehicle is seized and impounded
pursuant to this article, the City shall notify the owner of record
of the motor vehicle, the date, time and location of a hearing. Such
notice shall be mailed by certified mail, return receipt requested,
to the owner of record, as shown on the records of the Illinois Secretary
of State.
(B)
Hearing. For purposes of this article, the following shall apply
to the owners hearing:
(1)
Unless continued by order of the hearing officer, the hearing
shall be held within 45 days after the motor vehicle was seized.
(2)
All interested persons will be given a reasonable opportunity
to be heard at the final hearing.
(3)
If, after the conclusion of the hearing, the hearing officer determines by a preponderance of the evidence that the vehicle was used in violation of § 19.171, and otherwise determines that the seizure and impoundment of the vehicle was proper pursuant to § 19.172, the hearing officer shall order the continued impoundment of the vehicle until the owner of the vehicle pays to the City a penalty in the amount of $600, plus the towing and storage costs. In the event the vehicle was not impounded, an order shall be entered wherein the owner of record shall be liable to the City in the amount of $600. The penalty and costs shall be a debt due and owing to the City.
(4)
If the owner of record fails to appear at the hearing, the hearing
officer shall enter an order of default in favor of the City, which
order shall require the payment to the City of an administrative penalty
of $600.
(5)
If the hearing officer determines that the vehicle was not used as hereinabove provided in violation of § 19.171, the motor vehicle will be returned to the owner of record of the vehicle without any penalty or other costs, or, if a cash bond had previously been posted, the cash bond shall be returned.
(6)
If the hearing officer determines that the vehicle was used in violation of § 19.171, but determines that the vehicle was not properly subject to seizure or impoundment under § 19.172, the hearing officer shall enter a judgment against the owner in the amount of $600 and release the seized vehicle without towing and storage costs and/or order the reimbursement of towing and storage costs if the vehicle was previously released. The penalty shall be a debt due and owing to the City.
(7)
The ticket issued shall constitute prima facie evidence that
the offense stated was committed.
(A)
Any motor vehicle that is not claimed within 30 days after the expiration
of the time in which the owner of record may seek judicial review
of the action of the City under this article, or the time at which
a final judgment is rendered in favor of the City by a Court, or the
time at which a final administrative decision is rendered against
an owner of record who is in default, may be disposed of as an abandoned
or unclaimed vehicle, as otherwise provided by law.
(B)
If the penalty and towing and storage costs are not paid within 80
days after a penalty is imposed pursuant to this article, the vehicle
shall be deemed to be abandoned and may be disposed of in the manner
provided by law for the disposition of abandoned or unclaimed vehicles,
unless a petition for judicial review is filed with a court of proper
jurisdiction. Where a petition for judicial review of the hearing
officer's determination is filed and pending in a court of proper
jurisdiction, the vehicle shall not be deemed to be abandoned and
shall not be sold. If the petition for judicial review is resolved
in favor of the City, the vehicle shall be deemed abandoned and may
be disposed of by the City if the penalty and towing and storage costs
are not paid within 30 days after the date of the Court's order.
(A)
The owner of record of a motor vehicle, who is found to be in violation
of this Article, shall be liable to the City for a penalty of $600
in addition to any fees for the towing and storage of the motor vehicle,
if applicable.
(B)
Fees for towing and storage are established by the towing company,
not by the City.
(C)
A vehicle impounded pursuant to this Article shall remain impounded
until the earlier of the following occurs:
(1)
The penalty is paid to the City and all towing and storage costs
are paid to the towing company; and
(2)
A bond in amount equal to the liability of the Owner as herein
provided in Paragraph A is posted with the City and all applicable
towing and storage costs are paid to the towing company; and
(3)
The vehicle is deemed abandoned, in which case the vehicle shall
be disposed of in the manner provided by law for the disposition of
abandoned or unclaimed vehicles.
(4)
Except as otherwise specifically provided by law, no owner,
lien holder, or any other person shall be legally entitled to take
possession of a motor vehicle impounded under this Article until the
penalty and all towing and storage costs applicable under this section
have been paid in full. Notwithstanding the above, in the event a
lienholder has commenced foreclosure proceedings, pays the applicable
towing and storage costs, and executes an agreement with the City
to refund to the City the net proceeds of any foreclosure sale of
$600, less any amounts necessary to pay any lienholders of record
having priority over the City's claim. The lienholder shall submit
the following documents to the City as evidence that it has commenced
foreclosure proceedings: (1) a certificate of title showing the lienholder
as having first priority; (2) the motor vehicle installment agreement;
(3) a notarized affidavit detailing the default of the owner/purchaser
and any steps taken by the lienholder to give notice or an opportunity
to owner/purchaser in accordance with its contract; and (4) identification
of any contract provisions granting the lienholder right of possession.
