For purposes of this article, and the interpretation and enforcement thereof, the words, terms and phrases set forth below shall have the meanings respectively ascribed to them in this section as follows:
MOTOR VEHICLE
Every vehicle which is self-propelled, including but not limited to automobiles, trucks, vans, motorcycles, and motor scooters.
OWNER OF RECORD
Collectively, the record title holder or holders of the Motor Vehicle.
[Amended 5-8-2017; at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
A. 
The Owner of Record of any Motor Vehicle shall be liable to the Village of Dwight, Illinois, for an administrative penalty in the amount prescribed in § 1-12 of the Village Code, 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 article:
(1) 
The knowing possession of more than 30 grams of cannabis as provided in Article 4 of the Cannabis Control Act (720 ILCS 550/4) or the knowing possession of a controlled substance as provided in Article 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 Article 11-501 of the Illinois Vehicle Code (625 ILCS 5/11-501).
(3) 
Driving on a suspended or revoked license as defined in Article 5/6-303 of the Illinois Vehicle Code (625 ILCS 5/6-303).
B. 
For purposes of this article, 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 Owner of Record provides adequate proof that the Motor Vehicle had been sold to another person prior to the violation.
Whenever a police officer has probable cause to believe that a Motor Vehicle is subject to seizure and impoundment pursuant to § 275-112 of this article such police officer shall provide for the towing of such Motor Vehicle to a facility designated by the Village of Dwight, Illinois. Before or at the time the Motor Vehicle is towed, the police officer shall notify the Owner of Record 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 Owner of Record to request a vehicle impoundment hearing under this chapter.
Within 72 hours after a Motor Vehicle is seized and impounded pursuant to § 275-113 of this article, the police department shall notify by certified mail the Owner 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 Owner of Record if the Owner of Record is personally served with the notice at the time the Motor Vehicle is seized and impounded and the Owner of Record 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 Dwight, Illinois, in accordance with applicable law.
The Owner of Record seeking a vehicle impoundment hearing shall file a written request for such a hearing with the Police Department of the Village of Dwight, Illinois, no later than 15 days after notice was mailed or otherwise given to the Owner of Record under § 275-113 or § 275-114 of this article. 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 Owner of Record liable to the Village of Dwight, 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 Owner of Record 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 Dwight, Illinois, receives notice from the appropriate state, or where applicable, federal officials that i) forfeiture proceedings will not be instituted, or ii) forfeiture proceedings have concluded and there is a settlement or a court order providing that the Motor Vehicle shall be returned to the Owner of Record. If the Owner of Record 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 Owner of Record 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 Dwight, Illinois, for the amount of the administrative penalty prescribed, plus applicable towing and storage fees payable to the towing agent. However, if the Owner of Record pays such administrative penalty and applicable towing and storage fees and the Motor Vehicle is returned to the Owner of Record, no default order need be entered if the Owner of Record 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 Dwight, Illinois, receives the written waiver.
A. 
The Village President or his or her designee shall serve as the hearing officer for vehicle impoundment hearings under this article.
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 Article 11-501.1 of the Illinois Vehicle Code (625 ILCS 5/11-501.1) 1) that is prepared in the performance of a law enforcement officer's duties and 2) sufficiently describes the circumstances leading to the impoundment, shall be admissible evidence of the Owner of Record's liability under § 275-112 of this article and shall support a finding of the Owner of Record's liability under § 275-112 of this article 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 Dwight, Illinois, which may be enforced in any manner provided by law. Except as otherwise provided in this chapter, a Motor Vehicle impounded pursuant to this chapter shall remain impounded until:
A. 
The administrative penalty is paid in full to the Village of Dwight, Illinois, and all applicable towing and storage fees are paid to the towing agent, in which case the Owner of Record shall be given possession of the Motor Vehicle;
B. 
A cash bond in the amount of $500 is posted with the Village of Dwight, 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 Owner of Record, or
C. 
The Motor Vehicle is sold or otherwise disposed of to satisfy a judgment or enforce a lien as provided by law. Notwithstanding any other provision of this article, whenever a person with a lien of record against a Motor Vehicle impounded under this article 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 Dwight, 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 article. Notwithstanding any other provision of this article, no vehicle that was seized and impounded pursuant to state or federal drug asset forfeiture laws shall be returned to the Owner of Record unless and until the Village of Dwight, 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 Owner of Record.
If a cash bond in the amount of $500 is posted with the Village of Dwight, Illinois, the impounded motor vehicle shall be released to the Owner of Record upon the payment of any applicable towing and storage fees to the towing agent. If an administrative penalty is imposed for any violation under § 275-112 of this article, the $500 cash bond will be forfeited to the Village of Dwight, Illinois; however, in the event a violation under § 275-112 of this article, is not proven by preponderance of the evidence, the $500 cash bond will be returned to the person posting the bond. All bond money to be forfeited to the Village of Dwight, Illinois, pursuant to this article shall be held by the Village of Dwight, Illinois, until 30 days after an administrative penalty is imposed by the hearing officer under this article, 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. 1, General Provisions, Art. IV)]
If the administrative penalty and applicable towing and storage fees are not paid within 35 days after an administrative penalty is imposed under this article against an Owner of Record 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 35 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 Dwight, 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 Dwight, Illinois, except as consistent with those proceedings.