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HomeMy WebLinkAbout112-99 ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE SEIZURE AND IMPOUNDMENT OF MOTOR VEHICLES ENTERING A GANG FREE ZONE WHEREAS, consistent with 740 ILCS 147/1, the Board of Trustees (the ("Board") hereby finds and declares that it is the right of every person,regardless of race, color, creed, religion,national origin, sex age or disability; to be secure and protected from fear, intimidation, and physical harm caused by the activities of violent groups and individuals. It is not the intent of this Act to interfere with the exercise of the constitutionally protected rights of freedom of expression and association. The Board hereby recognizes the constitutional right of every citizen to harbor and express belief on any lawful subject whatsoever, to lawfully associate with others who share similar beliefs to petition lawfully constituted authority for a redress of perceived grievances and to participate in the electoral process; and WHEREAS, the Board finds, however, neighborhoods and schools throughout the Town are being terrorized and plundered by street gangs. The Board finds that there are numerous street gangs operating in Town limits; and WHEREAS, these street gang's activities present a clear and present danger to public order and safety and not constitutionally protected. No society is or should be required to endure such activities without redress. Accordingly, it is the intent of the Board in enacting this Act to create a civil remedy against street gangs and their members that focuses upon patterns of criminal gang activities and upon the organized nature of street gangs,which together have been the chief source of their success; and WHEREAS,Illinois Law(65 ILCS 5/11-1-1),delegates to municipalities the right to pass and enforce all necessary police ordinances; and WHEREAS, the proposition "shall this precinct be designated as a gang free zone" was presented to the voters of each.precinct of the Town; and WHEREAS, the Town President and Board of Trustees believe it is in the best interest of the health, safety and welfare of the residents of the Town of Cicero to enforce the citizens desire to be free of gangs in their neighborhood and to live in a gang free zone; NOW THEREFORE,BE IT ORDAINED,by the President and Board of Trustees of the Town of Cicero as follows: Section 1. Seizure and Impoundment of Motor Vehicles Entering a Gang-Free Zone. (A) The motor vehicle of any gang member, as defined in Section 25-300(b) of this Code, operated with the permission, express or implied of the owner of record, which enters into a clearly marked gang-free zone, shall be subject to seizure and impoundment. The owner of record of such vehicle shall be liable to the Town for a penalty of five hundred dollars ($500.00) in addition to the fees for the towing and storage of the vehicle. (B) 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. When the vehicle is towed,the police officer shall notify the person who is found to be in control of the vehicle at the time of the alleged violation, if there is such a person, of the fact of the seizure and of the vehicle owner's right to request a preliminary hearing to be conducted under this section. (C) Whenever the owner of a vehicle seized pursuant to this section requests a preliminary hearing within twenty-four(24) hours after the seizure, a hearing officer of the town shall conduct a preliminary hearing within seventy-two (72) hours after the seizure. All interested persons shall be given a reasonable opportunity to be heard at the preliminary hearing. The formal rules of evidence will not apply at the hearing and hearsay evidence shall be admissible. If, after the hearing, the hearing officer determines that there is a probable cause to believe that the vehicle was operated with the knowledge of the owner and used in the commission of a violation of this section, the hearing officer shall order the continued impoundment of the vehicle as provided in this section unless the owner of the vehicle posts with the town a cash bond in the amount of two hundred fifty dollars ($250.00) plus fees for towing and storage of the vehicle. If the hearing officer determines that there is no such probable cause, the vehicles will be returned without penalty or other fees. (D) Within ten(10) days after a vehicle is seized and impounded pursuant to this section, the town shall notify by certified mail,return receipt requested, the owner of record of the date, time and location of a hearing that will be conducted pursuant to this section. The hearing shall be conducted no later than forty-five(45) days after the vehicle was seized. All interested persons shall be given a reasonable opportunity to be heard at the hearing. If after the hearing, the hearing officer determines by a preponderance of evidence that the vehicle was operated with the knowledge of the owner, and was used in the commission of a violation of this section, the hearing officer shall enter an order requiring the vehicle to continue to be impounded until the owner pays a penalty of five hundred dollars ($500.00) for a first offense and seven hundred fifty dollars ($750.00) for any subsequent offense plus fees for towing and storage of the vehicle. The penalty and fees shall be a debt due and owing the town. However, if a cash bond has been posted the bond shall be applied to the penalty. If the hearing officer determines that the vehicle was not knowingly used in such a violation, the hearing officer shall order the return of the vehicle or cash bond. (E) Any motor vehicle that is not reclaimed within thirty(30) days after the expiration of the time during which the owner of record may seek administrative review of the town's action under this section, or the time at which a final judgement is rendered in favor of the town,may be disposed of as an unclaimed vehicle as provided by law. As used in this section, the "owner of record" of a vehicle means the record title holder. Section 2. Ordinances Repealed. All ordinances of parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. Savings Clause. This ordinance shall not affect suits pending or rights existing at the time this ordinance takes effect, but such suits and rights shall continue in force to the same extent and with like effect as if this ordinance be taken, construed or held to avoid or impair any cause of action now existing under any Ordinance of the Town of Cicero,or any amendment thereto,but as to any consideration of action now existing, such ordinance and amendment thereto, shall be continued in full force and effect. Section 4. Effective Date. This ordinance shall take effect upon its passage and approval. Betty ren-Maltese, President - Town of Cicero ATTEST: Marylin Colpo, Clerk Date of Passage: Date of Publication: