HomeMy WebLinkAboutORDINANCE - 3176 - 6/17/2008 - MOTOR VEHICLE IMPOUNDMENTI
ORDINANCE NO. 3176
AN ORDINANCE PROVIDING FOR THE SEIZING AND IMPOUNDING OF
MOTOR VEHICLES USED IN CONNECTION WITH ILLEGAL ACTIVITIES
WHEREAS, the Village of Elk Grove Village is a home rule municipality
pursuant to the provisions of Article VII, Section 6 of the Constitution of the State of
Illinois: and
WHEREAS, the Village, as a home rule municipality, may exercise power and
perform any function pertaining to its government and affairs, including, but not limited
to, the power to regulate for the protection of the public health, safety, morals and
welfare: and
WHEREAS, the Mayor and Board of Trustees, pursuant to the Village's home
rule authority, hereby adopt this ordinance establishing procedures for the seizure and
impounding of motor vehicles used in connection with illegal activities and establishing
administrative penalties for such violations.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees
of the Village of Elk Grove Village, Cook and DuPage Counties, Illinois as follows:
SECTION 1: The foregoing recitals are adopted as express findings of the
corporate authorities of the Village of Elk Grove Village and are incorporated herein by
specific reference.
SECTION 2: That Title 6 of the Village Code of Elk Grove Village is hereby
amended by adding thereto a new Chapter providing for vehicle seizure and
impoundment, a copy of said new Chapter as set forth in Exhibit A attached hereto.
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SECTION 3: Any ordinance or portion of any ordinance in conflict with the
provisions of this ordinance is hereby repealed solely to the extent of such conflict.
SECTION 4: That the Village Clerk is hereby authorized to publish this
ordinance in pamphlet form.
SECTION 5: That this ordinance shall be in full force and effect from and after
its passage; approval and publication in pamphlet form as provided by law.
VOTE: AYES: 6 NAYS: 0 ABSENT: 0
PASSED this 17th day of June 2008.
APPROVED this 17th day of June 2008.
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Ann I Walsh, Village Clerk
PUBLISHED this 20th day of June, 2008 in pamphlet form.
Ordseizin emotorveh icles.doc
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EXHIBIT A
Section 6-13-1 Vehicle Seizure and Impoundment
A. Violations authorizing seizure.
A motor vehicle, operated with the permission, express or implied, of
the owner of record, that is used in connection with the following
violations, shall be subject to seizure and impoundment by the Village,
and the owner of record of said vehicle shall be liable to the Village
for an administrative penalty in addition to any towing and storage
fees as hereinafter provided.
1. Driving with suspended or revoked license, 625 ILCS 5/6-303,
an administrative penalty not to exceed $500.00.
2. Driving under the influence, 625 ILCS 5/11-501(a), an
administrative penalty not to exceed $500.00.
When a motor vehicle is operated by a person against whom a
warrant has been issued by a Circuit Court in Illinois for failing
to answer charges that the driver violated A.1. or A.2. above,
an administrative penalty not to exceed $500.00.
B. General regulations.
1. This Section shall not replace or otherwise abrogate any
existing State or Federal laws or Village ordinance pertaining
to vehicle seizure and impoundment, and these penalties shall
be in addition to any penalties that may be assessed by a court
for any criminal charges.
2. This Section shall not apply if the vehicle used in the violation
was stolen at that time and the theft was reported to the
appropriate police authorities within 24 hours after the theft
was discovered.
3. Fees for towing and storage of a vehicle under this Section
shall be those approved by the Chief of Police for all towing
firms authorized to tow for the Police Department.
C. Notice.
Whenever a police officer has probable cause to believe that a vehicle
is subject to seizure and impoundment pursuant to this Section, the
police officer shall provide for the towing of the vehicle to a facility
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authorized by the Village. Before or at the time the vehicle is towed,
the police officer shall notify any person identifying himself 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, of the fact of the seizure of
the vehicle and of owner's right to request a preliminary vehicle
impoundment hearing to be conducted under this Section. Said
vehicle shall- be impounded pending the completion of the hearings
provided for in Subsection D herein, unless the owner of the vehicle
posts with the Village a cash bond in the amount of $500.00 and pays
the towing and storage charges.
D. Preliminary Hearing.
If the owner of record of a vehicle seized pursuant to this Section
desires to appeal the seizure, said owner must make a request for said
hearing within twenty-four (24) hours of the seizure. Said request
shall be in writing and filed with the Chief of Police or his designee
who shall conduct suchpreliminary hearing within 24 hours after
receipt of the request excluding Saturdays, Sundays; or Village
holidays. All interested persons shall be given a reasonable
opportunity to be heard at the preliminary vehicle impoundment
hearing. The formal rules of evidence will not apply at the hearing and
hearsay evidence shall be admissible only if it is the type commonly
relied upon by reasonably -prudent persons in the conduct of their
affairs. If, after the hearing, the Chief of Police or his designee
determines there is probable cause to believe that the vehicle is subject
to seizure and impoundment pursuant to this Section, he shall order the
continued impoundment of the vehicle as provided in this Section
unless the owner of the vehicle posts with the Village a cash bond in
the amount of $500.00, and pays the towing firms any applicable
towing and storage fees. If the Chief of Police or his designee
determines that there is no such probable cause, the vehicle will be
returned without penalty or other fees.
E. Hearing.
Within ten days after a vehicle is seized and impounded pursuant to
this Section, the Village shall notify by certified mail, return receipt
requested, the owner of record of the date, time, and location of a plea
hearing that will be conducted, pursuant to this Section. The owner
will appear at a plea hearing and enter a plea of guilty or not guilty. If
a plea of guilty is entered, the case will be disposed of at that time. If
the owner pleads not guilty, a final hearing shall be scheduled and
held, unless continued by order of the Hearing Officer, no later than 45
days after the vehicle was seized. All interested persons shall be given
a reasonable opportunity to be heard at the hearing. At any time prior
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to the hearing date, the hearing officer may, at the request of either
party, direct witnesses to appear and give testimony at the hearing.
The formal rules of evidence will not apply at the hearing, and hearsay
evidence shall be admissible only if it is the type commonly relied
upon by reasonably -prudent persons in the conduct of their affairs. If,
after the hearing, the Hearing Officer determines by a preponderance
of evidence that the vehicle was used in connection with a violation set
forth in this Section, the Hearing Officer shall enter an order finding
the owner of record of the vehicle civilly liable to the Village for an
administrative penalty in an amount not to exceed $500.00 and
requiring the vehicle to continue to be impounded until the owner pays
the administrative penalty to the Village plus fees to the towing firm
for the towing and storage of the vehicle. If the owner of record fails
to appear at the hearing, the Hearing Officer shall enter a default order
in favor of the Village. If the Hearing Officer finds that no such
violation occurred, the Hearing Officer shall order the immediate
return of the oAmer's vehicle or cash bond without fees.
F. Administrative Penalty.
If an administrative penalty is imposed pursuant to this Section, such
penalty shall constitute a debt due and owing to the Village. If a cash
bond has been posted pursuant to this Section; the bond shall be
applied to the penalty. If a vehicle has been impounded when such a
penalty is imposed, the Village may seek to obtain a judgment on the
debt and enforce such judgment against the vehicle as provided by
law. Except as provided otherwise in this Section, a vehicle shall
continue to be impounded until the penalty is paid to the Village and
any applicable towing and storage fees are paid to the towing firm, in
which case possession of the vehicle shall be given to the person who
is legally entitled to possess the vehicle or the vehicle is sold or
otherwise disposed of to satisA, a judgment to enforce a lien as
provided by law. If the administrative penalty and applicable fees are
not paid within 30 days after an administrative penalty is imposed
against an owner of record who defaults by failing to appear at the
hearing; the 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 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 30 days after an action seeking
administrative review has been resolved in favor of the Village,
whichever is applicable, the vehicle shall be deemed unclaimed and
shall be disposed of in the manner provided by law for the disposition
of unclaimed vehicles under the Illinois Vehicle Code.
G. Vehicle Possession.
Except as otherwise specifically provided by law, no owner,
lien holder, or other person shall be legally entitled to take
possession of a vehicle impounded under this Section until the
administrative penalty -and fees applicable under this Section
have been paid. However, whenever a person with a lien of
record against an impounded vehicle has commenced
foreclosure proceedings, possession of the vehicle shall be
given to that person if he or she agrees in writing to refund to
the Village the amount of the net proceeds of any foreclosure
sale, less any amounts required to pay all lien holders of
record, not to exceed the administrative penalty, plus the
applicable fees.
2. For purposes of this Section, the "owner of record" of a vehicle
is the record title holder as registered with the Secretary of
State, State of Illinois.
H. Hearing Officer.
The Hearing Officer as provided for in this Chapter shall be the
Administrative Adjudication Hearing Officer as set forth in Chapter 12
of Title I of the Elk Grove Village Code.
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