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G-875 - 11/25/2008 - POLICE DEPT. - OrdinancesORDINANCE 2008- PD -OF -G -875 AN ORDINANCE PROVIDING FOR THE IMPOUNDMENT OF MOTOR VEHICLES USED IN CONNECTION WITH ILLEGAL ACTIVITIES AND AMENDING TITLE 6 OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS WHEREAS, the President and Board of Trustees have determined that the use of motor vehicles during the commission of criminal activities poses a threat to the public health, safety and welfare, and WHEREAS, the President and Board of Trustees have determined that to better protect the public health, safety and welfare it is necessary to provide for the impoundment of motor vehicles used during the commission of criminal activities and to establish an administrative hearing process to regulate the release of impounded vehicles NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, as follows Section 1 The foregoing preambles are restated and incorporated herein by reference as though fully set forth herein Section 2 Title 6 of the Village Code is amended by adding the following as Chapter 5 6 -5 -1 Violations Authorizing Impoundment 6 -5 -2 Offenses 6 -5 -3 General Regulations 6 -5 -4 Notice 6 -5 -5 Preliminary Hearing 6 -5 -6 Hearing 6 -5 -7 Administrative Fee 6 -5 -8 Vehicle Possession 6 -5 -9 Administrative Review 6 -5 -1 Violations Authorizing Impoundment A motor vehicle, operated with the permission, express or implied, of the owner of record, which is used in connection with the following violations, may be subject to seizure and impoundment by the Village if the violation prevents the driver from lawfully operating the vehicle, or if a police officer authorized to make arrests in the Village determines that impoundment of the vehicle is reasonably necessary as a community caretaking function so that the vehicle does not jeopardize public safety and the efficient movement of vehicular traffic 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 6 -5 -2 Offenses A Operation or use of a motor vehicle in the commission 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 , shall subject the owner to an administrative fee of five hundred dollars ($500 00) Ordinance 2008- PD -OF -G -875 Impoundment of Vehicles Page 2 of 5 B Driving under the influence of alcohol, other drug or drugs, Intoxicating compounds, in violation of Section 7 -1 -100 of this Code, or 625 ILCS 5/11 -501, shall subject the owner to an administrative fee of five hundred dollars ($500 00) C Operation or use of a motor vehicle in connection with the commission or attempted commission of any felony offense in violation of the provisions of the Illinois Cannabis Control Act, 720 ILCS 550/1, shall subject the owner to an administrative fee of five hundred dollars ($50000) D Operation or use of a motor vehicle in connection with the commission or attempted commissions of any offenses in violation of the Illinois Controlled Substance Act, 720 ILCS 570/100, shall subject the owner to an administrative fee of five hundred dollars ($500 00) E Driving while driver's license, permit or privilege to operate a motor vehicle is suspended or revoked, 625 ILCS 5/6 -303, shall subject the owner to an administrative fee of five hundred dollars ($500 00), except that vehicles shall not be subjected to seizure or impoundment if the suspension is for an unpaid citation (parking or moving), or due to failure to comply with emissions testing F 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 Substance Act, 720 ILCS 570/100, et seq , shall subject the owner to an administrative fee of five hundred dollars ($500 00) G Operation or use of a motor vehicle without ever having been issued a driver's license or permit in violation of Section 6 -101 of the Illinois Vehicle Code, 625 ILCS 5/6 -101, or operating a motor vehicle without ever having been issued a driver's license or permit due to a person's age, shall subject the owner to an administrative fee of five hundred dollars ($50000) H Operation or use of a motor vehicle 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 the offenses of driving while license Is revoked or suspended, 625 ILCS 5/6 -303, operating a motor vehicle without a valid driver's license, 625 ILCS 5/6 -101 and /or driving under the influence of alcohol, other drugs, intoxicating compound(s), or any combination thereof, 625 ILCS 5/1- 501, shall subject the owner to an administrative fee of five hundred dollars ($500 00) 6 -5 -3 General Regulations A This Chapter shall not replace or otherwise abrogate any existing state or federal laws or Village ordinances pertaining to vehicle seizure, towing and impoundment, and the owner shall be subject to the penalties provided in this Chapter in addition to any penalties that may be assessed by a court for any criminal charges B This Chapter shall not apply if the vehicle used in the violation was stolen at the time and the theft was reported to the appropriate police authorities within twenty four (24) hours after the theft was discovered C Fees for towing and storage of a vehicle under this Chapter shall be those approved by the Chief of Police for all tow companies authorized to tow for the Police Department Ordinance 2008- PD -OF -G -875 Impoundment of Vehicles Page 3 of 5 6 -5 -4 Notice Whenever a police officer has probable cause to believe that a vehicle is subject to towing and impoundment pursuant to this Chapter, the police officer shall provide for the towing of the vehicle to a facility authorized by the Chief of Police Before or at a time the vehicle is towed, the police officer shall notify the owner of the impoundment, and of the owner's right to request a preliminary vehicle impoundment hearing to be conducted pursuant to Section 6 -5 -5 The vehicle shall be impounded pending the completion of the hearing provided for in Section 6 -5 -5, unless the owner of the vehicle posts with the Village a cash bond in the amount of five hundred dollars ($500 00) and pays the accrued towing and storage charges Before the time a vehicle is towed, if in the judgment of the police officer then present, a person authorized by the owner or operator of the vehicle is present and able to provide for the lawful immediate removal of the vehicle, the vehicle will be released to that person and if prompt removal of the vehicle is effected, no administrative penalty shall be imposed 6 -5 -5 Preliminary Hearing If the owner of record of a vehicle impounded pursuant to this Chapter desires to appeal the impoundment, said owner must make a request for hearing within twenty four (24) hours of the impoundment, excluding Saturdays, Sundays and Village holidays Said request shall be in writing and filed with the Chief of Police, or his designee who shall conduct such preliminary hearing within forty -eight (48) hours after receipt of the request, excluding Saturdays, Sundays and 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 shall 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 impoundment pursuant to this Chapter, he shall order the continued impoundment of the vehicle as provided in this Chapter unless the owner of the vehicle posts with the Village a cash bond in the amount of five hundred dollars ($500 00) and pays the tower 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 6 -5 -6 Hearing Within ten (10) days after a vehicle is impounded pursuant to this Chapter, 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 Chapter The hearing shall be conducted by a hearing officer, designated by the Villager Manager. 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 cause will be disposed of at that time If the owner pleads not guilty, a hearing shall be scheduled and held, unless continued by the hearing officer, no later than forty five (45) days after the vehicle was impounded All interested persons shall be given a reasonable opportunity to be heard at the hearing At any time prior 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 the evidence, that the vehicle was used in connection with a violation set forth in this Chapter, the hearing officer shall Ordinance 2008- PD -OF -G -875 Impoundment of Vehicles Page 4 of 5 enter an order finding the owner of record of the vehicle civilly liable to the Village for an administrative fee in the amount of five hundred dollars ($500 00) and requiring the vehicle to continue to be impounded until the owner pays the administrative fee to the Village plus fees to the tower 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 no such violation occurred, the hearing officer shall order the immediate return of the owner's vehicle or cash bond without fees 6 -5 -7 Administrative Fee If an administrative fee is imposed pursuant to this Chapter, such fee shall constitute a debt due and owing the Village If a cash bond has been posted pursuant to this Chapter the bond shall be applied to the fee If a vehicle has been impounded when such a fee is imposed, the Village may seek to obtain a judgment on the debt and enforce such judgment against the vehicle's owner as provided by law Except as provided otherwise in this section, a vehicle shall continue to be impounded until the fee is paid to the Village and any applicable towing fees and storage fees are paid to the tower, 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 deposed of to satisfy a judgment to enforce a lien as provided by law If the administrative fee and other applicable fees are not paid within thirty (30) days after an administrative fee 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 provide by law for the disposition of unclaimed vehicles In all other cases, if the administrative fee and applicable fee are not paid within thirty (30) days after the expiration of time at which administrative review of the hearing officer's determination may be sought, or within thirty (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 6 -5 -8 Vehicle Possession A 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 fee and fees applicable under this Chapter 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 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 fee, plus the applicable fees B For purposed of this Chapter, the "owner of record" of a vehicle is the record titleholder as registered with the Secretary of State of the State of Illinois 6 -5 -9 Administrative Review Any owner, lien holder or other person with a legal interest in the vehicle, who is not satisfied with the decision of the hearing officer, shall have the right to appeal the decision to Circuit Court, pursuant to the Administrative Review Act, 735 ILCS 5/3 -101 et seq. Section 3 If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this ordinance Ordinance 2008- PD -OF -G -875 Impoundment of Vehicles Page 5 of 5 Section 4 All ordinances in conflict herewith are hereby repealed to the extent of such conflict Section 5 This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law APPROVED THIS 25th day of November, 2008 r John W Craig ` Village President , r PASSED THIS 25th day of November, 2008 Ayes Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin Nays None Absent None c`• i5 yuck,, =, ;�> ATTESTry Charlotte K Pruss Village Clerk w�-,