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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. 1 SECTION 3: Any ordinance or portion of any ordinance in conflict with the provisions of this ordinance is hereby repealed solely to the extent of such conflict.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 2 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 3 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 11 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. 0