G-965 - 02/28/2012 - POLICE DEPT. - Ordinances Supporting Documents�*►
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AGENDA ITEM
Regular Board of Trustees Meeting
of
February 28, 2012
SUBJECT: Amendment to Ordinance G -875 — Impoundment of Motor Vehicles
FROM: James R. Kruger, Jr., Chief of Police
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move for Passage of Ordinance 2012- PD -OF -G -965, an
Ordinance Amending Ordinance G -875 Which Provided For The Impoundment Of Motor
Vehicles Used In Connection With Illegal Activities.
Backiround/History:
On November 25, 2008 the Village Board passed Ordinance 2008- PD -OF -G -875 authorizing the
impoundment of motor vehicles used in connection with certain criminal offenses.
Effective January 1, 2012 Chapter 625 ILCS 5/11 -208.7 provides three (3) additional offenses
for which an "administrative fee related to administrative and processing costs associated with
the investigation, arrest, and detention of an offender, or removal, impoundment, storage, and
release of a vehicle" may be collected. Our current ordinance does not provide the authority to
enforce those additional sections of the Illinois Compiled Statutes. Specifically, those sections
are:
11 -208.7 (b) 8: Operation or use of a motor vehicle with an expired driver's license, in violation
of section 6 -101 of this Code, if the period of expiration is greater than one year.
11 -208.7 (b) 11: Operation or use of a motor vehicle in the commission of, or in the attempt to
commit, an offense in violation of article 16 or 16A of the Criminal Code of 1961.
11-208.7 (b) 12: 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 Criminal Code of 1961,
when so provided by local ordinance.
Recommendation:
I recommend the Village Board pass this Ordinance.
ORDINANCE 2012- PD -OF -G -965
AN ORDINANCE AMENDING ORDINANCE G -875 WHICH
PROVIDED FOR THE IMPOUNDMENT OF MOTOR VEHICLES
USED IN CONNECTION WITH ILLEGAL ACTIVITIES
WHEREAS, the President and Board of Trustees approved and passed Ordinance 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" on
November 25, 2008; and
WHEREAS, effective January 1, 2012, 625 ILCS 5111 -208.7 of the Illinois Compiled Statutes
provides three (3) additional offenses for which an "administrative fee related to administrative and
processing costs associated with the investigation, arrest, and detention of an offender, or removal,
impoundment, storage, and release of a vehicle" may be collected; and
WHEREAS, the President and Board of Trustees have determined that to better protect the public
health, safety and welfare it is necessary to amend Section 6 -5 -2 (Offenses) of Chapter 5 (Impoundment
of Vehicles) of Title 6 (Police Regulations) of the Village Code in conjunction with the recent statute
amendments.
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: Chapter 5 (Impoundment of Vehicles) of Title 6 (Police Regulations) of the Village
Code is amended by deleting Section 6 -5 -2 (Offenses) in its entirety and replacing it with the following
language:
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).
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
($500.00).
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).
Ordinance 2012- PD -OF -G -965
Impoundment of Vehicles
Page 2 of 3
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
($500.00).
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).
Operation or use of a motor vehicle with an expired driver's license, if the period of
expiration is greater than one year, 625 ILCS 516 -101, shall subject the owner to an
administrative fee of five hundred dollars ($500.00).
J. Operation or use of a motor vehicle in the commission of, or in the attempt to commit,
a Theft, 720 ILCS 5116, or Retail Theft, 720 ILCS 5116A, shall subject the owner to an
administrative fee of five hundred dollars ($500.00).
K. 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 Chapter 720 / Act 5 of the
Illinois Compiled Statutes, when so provided by local ordinance, shall subject the
owner to an administrative fee of five hundred dollars ($500.00).
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.
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 28`" day of February, 2012.
Gopal G. Lalmalani
Village President
Ordinance 2012- PD -OF -G -965
Impoundment of Vehicles
Page 3 of 3
PASSED THIS 281" day of February, 2012.
ATTEST:
Charlotte K. Pruss
Village Clerk