§ 16-252. Authority to tow vehicles for specified violations—Vehicle impoundment.

(a)

The use of a motor vehicle in certain criminal and traffic offenses is a public nuisance. Any officer with the police department, or any agent of the city, is hereby granted authority to authorize or cause the immediate towing and impoundment of a motor vehicle in the following circumstances:

(1)

Operation or use of a motor vehicle in the commission of, or attempted commission of, any offense for which a motor vehicle may be seized and forfeited pursuant to 720 ILCS 5/36-1 et seq.; or,

(2)

Driving under the influence of alcohol, another drug or drugs, intoxicating compound or compounds, or any combination thereof, in violation of 625 ILCS 5/11-501; or,

(3)

Operation or use of a Motor Vehicle in connection with the commission of, or in the attempt to commit, any felony offense or in violation of the provisions of the Illinois Cannabis Control Act, 720 ILCS 550/1; or,

(4)

Operation or use of a motor vehicle in connection with the commission of, or in the attempt to commit, any offense in violation of the Illinois Controlled Substances Act, 720 ILCS 570/100; or,

(5)

Operation or use of a motor vehicle in connection with the commission of, or in an attempt to commit, one or a combination of the following offenses: (i) Unlawful use of a weapon in violation of 720 ILCS 5/24-1; (ii) Aggravated discharge of a firearm in violation of 720 ILCS 5/24-1.5; or, (iii) Unlawful possession of a firearm and firearm ammunition in violation of 720 ILCS 5/24-3.1; or,

(6)

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 Illinois Cannabis Control Act, 720 ILCS 550/2, or the Illinois Controlled Substances Act, 720 ILCS 570/100 et seq.; or,

(7)

Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of Article 16 of the Illinois Criminal Code of 2012; or,

(8)

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 Illinois Criminal Code of 2012; or,

(b)

Notice of impoundment. When an officer has probable cause to believe that a motor vehicle is subject to impoundment pursuant to paragraph a of this section, the officer shall provide for the towing of the motor vehicle to a facility approved by the police chief. At such time, the officer shall notify, or make a reasonable attempt to notify, the owner of record or person identifying himself or herself as the owner of record or any person found to be in control of the motor vehicle at the time of the alleged offense, of the fact of the seizure, and of the motor vehicle owner of record's right to a hearing as provided in subsection (e) of this section. The officer shall also notify the owner of record or person in control of the motor vehicle that the motor vehicle will remain impounded pending the completion of a hearing, unless the owner of record of the motor vehicle or a lienholder posts with the city a bond equal to the administrative fee as provided in subsection (f) of this section and pays for all towing and storage charges.

(c)

Written notice of hearing. Within ten (10) calendar days after impounding a Motor Vehicle pursuant to subsection (a) of this section, the police department shall issue a written notice of hearing to the owner of record and any lienholders of record by personal service or by first class mail to such parties at the address(es) registered with the Illinois Secretary of State. The written notice shall contain the date, time, and location of the administrative hearing.

(d)

Release of vehicle. An owner of record or any lienholder may secure the release of an impounded motor vehicle as follows:

(1)

The owner of record may waive his/her right to a hearing under paragraph e, by agreeing and stipulating in writing that the impounded motor vehicle was used in connection with the commission of, or in the attempt to commit a violation set forth in paragraph a of this section, and by making payment of the administrative fee directly to the police department, as provided for in subsection (f) of this section, plus pay all accrued towing and storage charges which may be assessed by towing facility to be paid directly to the towing facility; or,

(2)

Pending completion of the administrative hearing, as provided for in paragraph e of this section, by posting a bond of cash, money order, or certified check with the police department in the amount of the administrative fee, as provided for in subsection (f) of this section, and any accrued towing and storage charges as assessed by the towing facility to be paid directly to the towing facility. Any bond posted shall be held by the police department until the completion of the administrative hearing, or, if there is administrative review, until the court issues its decision,

(3)

Upon payment of the administrative fee as required by subsection (d)(1) of this section, or upon payment of the bond, as required by paragraph (d)(2) of this section, the city will provide a release form. This release form is a requirement for the release of a vehicle by the towing facility.

(e)

Administrative hearing.

(1)

Within forty-five (45) calendar days after the date of mailing of the notice of hearing, pursuant to subsection (c) of this section 16-252, an administrative hearing shall be conducted by a hearing officer designated by the city who is qualified under 625 ILCS 5/11-208.7(g). The burden of proof at such hearing shall be preponderance of the evidence. At any time prior to the hearing, the hearing officer may, at the request of the city or the owner of record, direct witnesses to appear and give testimony at the hearing. The owner of record and any other interested person(s) shall be given a reasonable opportunity to be heard at the hearing. The hearing shall not be subject to formal or technical rules of evidence, and hearsay evidence shall be admissible. The hearing shall be recorded. The hearing officer shall, within ten (10) calendar days after such hearing, enter a written order of his/her findings. A copy of the written order shall be sent to the owner of record by personal service or by first class mail to such parties at the address(es) registered with the Illinois Secretary of State, within ten (10) calendar days after the entry of the same.

(2)

If the owner of record fails to appear at the hearing, the owner of record shall be deemed to have waived his or her right to a hearing and the hearing officer shall enter a default order in favor of the city.

(3)

If, after the hearing, the hearing officer finds by a preponderance of the evidence that the motor vehicle was used in connection with the commission of, or in the attempt to commit a violation set forth in subsection (a) of this section, the hearing officer shall enter a written order finding the owner of record civilly liable to the city for the administrative fee provided for in subsection (f) of this section. If bond was posted in accordance with subsection (d) of this section, the finding order shall be final and all sums due the city and the tow operator for towing and impoundment fees shall become the city's and/or the tow operator's, 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 motor vehicle still impounded shall continue to be impounded until the owner of record or any lienholder pays the administrative fee to the city, plus all applicable towing and storage charges to the tow operator.

(4)

If, after the hearing, the hearing officer finds by a preponderance of the evidence that the motor vehicle was not used in connection with the commission of, or in the attempt to commit a violation set forth in subsection (a) of this section, the hearing officer shall enter a written order for the immediate return of the motor vehicle to the owner of record or, in the alternative, if bond was posted in accordance with subsection (d) of this section, the hearing officer shall order the immediate return of said bond.

(5)

The decision of the hearing officer shall be subject to review under the Administrative Review Law (735 ILCS 5/3-101 et seq.).

(f)

Administrative fee. Any Motor Vehicle towed and/or impounded under this Section II shall be subject to payment of all applicable towing charges, fees and fines otherwise imposed under applicable Illinois law, with said charges, fees, and fines being payable directly to the towing facility, Any Motor Vehicle towed and/or impounded under this Section II, shall also be charged an administrative fee charged for all acts and record keeping relating to the impoundment of Motor Vehicles, in the amount of one hundred fifty dollars ($150.00) per motor vehicle, per tow, with said administrative fee being made payable directly to the police department.

(g)

Defense. This article shall not apply to a motor vehicle that was stolen at the time of impoundment so long as the theft was reported to the appropriate police authorities within twenty-four (24) hours of its discovery.

(h)

Disposition of unclaimed impounded vehicle. If the administrative fee, and all applicable accrued towing and storage fees, are not paid within thirty (30) days or more after the written order of the hearing officer was sent to the owner of record, as provided in subparagraph 1 of subsection (e) of this section, the motor vehicle, shall be deemed abandoned, and shall be disposed of in accordance with the provisions of Article II of Chapter 4 of the Illinois Vehicle Code, as may be amended from time to time.

(Ord. No. 65-2018 , § II, 8-21-2018)