HomeMy WebLinkAboutG45-18 Ordinance No. G45-18
AN ORDINANCE
AMENDING SECTION 11.40.095 OF THE ELGIN MUNICIPAL CODE, 1976, AS
AMENDED, ENTITLED "VEHICLE SEIZURE AND IMPOUNDMENT"
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That Section 11.40.095 of the Elgin Municipal Code, 1976, as amended,
entitled "Vehicle Seizure and Impoundment:" be and is hereby further amended to read as
follows:
"11.40.095: VEHICLE SEIZURE AND IMPOUNDMENT:
A. A motor vehicle, operated with the permission, express or implied, of the owner of
record of that motor vehicle, that is used in connection with the following
violations, shall be liable to the city for an administrative penalty in the amount
listed for each violation below, in addition to any towing and storage fees as
hereinafter provided:
1. Driving while the driver's license, permit or privilege to operate a motor
vehicle is suspended or revoked, in violation of section 6-303 of the Illinois
vehicle code, as amended, pursuant to Illinois secretary of state action;
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 emission testing. The administrative penalty shall be Two
Hundred and Fifty Dollars ($250.00).
2. Driving under the influence of alcohol,drugs or intoxicating compounds,or
any combination thereof, in violation of section 11-501 of the Illinois
vehicle code, as amended. The administrative penalty shall be Five
Hundred Dollars ($500.00).
3. Operating a motor vehicle without having ever been issued a driver's license
or permit, in violation of section 6-101 of the Illinois vehicle code, as
amended, or operating a motor vehicle without ever having been issued a
driver's license or permit due to a person's age. The administrative penalty
shall be Two Hundred and Fifty Dollars ($250.00).
4. Reserved.
5. Operation or use of a motor vehicle in the commission of, or in the attempt
to commit,an offense for which a motor vehicle may be seized and forfeited
pursuant to section 36-1 of the Illinois criminal code of 1961, as amended.
The administrative penalty shall be Five Hundred Dollars ($500.00).
6. Operation or use of a motor vehicle in the commission of, or in the attempt
to commit, a felony or in violation of the Illinois cannabis control act, as
amended. The administrative penalty shall be Five Hundred Dollars
($500.00).
7. Operation or use of a motor vehicle in the commission of, or in the attempt
to commit, an offense in violation of the Illinois controlled substances act,
as amended. The administrative penalty shall be Five Hundred Dollars
($500.00).
8. Operation or use of a motor vehicle in the commission of, or in the attempt
to commit, an offense in violation of section 24-1 (unlawful use of
weapons), 24-1.5 (reckless discharge of firearms), or 24-3.1 (unlawful
possession of firearms and firearm ammunition)of the Illinois criminal code
of 1961, as amended. The administrative penalty shall be Five Hundred
Dollars ($500.00).
9. Reserved.
10. Operation or use of a motor vehicle with an expired driver's license, in
violation of section 6-101 of the Illinois vehicle code, as amended, if the
period of expiration is greater than one year. The administrative penalty
shall be Two Hundred and Fifty Dollars ($250.00).
11. Operation or use of a motor vehicle by a person against whom a warrant has
been issued by a circuit clerk in Illinois for failing to answer charges that
the driver violated section 6-101 (driving without a valid license), 6-303
(driving with a suspended or revoked license), or 11-501 (driving under the
influence of alcohol, drugs or intoxicating compounds) of the Illinois
vehicle code, as amended. The administrative penalty shall be Five
Hundred Dollars ($500.00).
12. Operation or use of a motor vehicle in the commission of, or in the attempt
to commit, an offense in violation of article 16 (theft and related offenses)
or 16A (retail theft) of the Illinois criminal code of 1961, as amended. The
administrative penalty shall be Five Hundred Dollars ($500.00).
B. The applicability of this section and the fees for towing and storing a vehicle under
this section shall be as follows:
1. This section shall not replace or otherwise abrogate any existing state or
federal laws or city ordinances 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 damages.
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2. This section shall not apply if the motor vehicle used in the violation was
stolen at that time and the theft was reported to the appropriate police
authorities within twenty four (24) hours after the theft was discovered, or
upon verifiable proof that the vehicle was stolen at the time the vehicle was
impounded.
3. Fees for towing and storage of a motor vehicle under this section shall not
exceed those approved by the city manager or chief of police for all towers
authorized to tow motor vehicles for the police department.
C. A motor vehicle that is used in the violation of subsection A of this section shall be
subject to seizure and impoundment under this section.The owner of record of such
vehicle shall be liable to the city for the specified penalty in addition to fees for the
towing and storage of the vehicle. For the purposes of this section, the "owner of
record" of a motor vehicle is the record titleholder as registered with the secretary
of state.
1. Whenever a police officer has probable cause to believe that a motor vehicle
is subject to seizure and impoundment pursuant to this section, the police
officer shall provide for the towing of the motor vehicle to a facility
controlled by the city or its agents. When the motor vehicle is towed, the
police officer shall notify or make reasonable attempt to notify the owner,
lessee, or person identifying himself or herself as the owner or lessee of the
vehicle, or any person who is found to be in control of the motor vehicle at
the time of the alleged violations, if there is such a person, of the fact of the
seizure and of the motor vehicle owner's or lessee's right to an
administrative hearing and right to request a preliminary hearing to be
conducted under this section. The police officer shall also provide notice
that the motor vehicle will remain impounded pending the completion of an
administrative hearing, unless the owner or lessee of the vehicle or
lienholder posts a cash bond in the amount of the specified penalty plus fees
for towing and storing the motor vehicle.
2. Whenever the owner of a motor vehicle seized pursuant to this section
requests a preliminary hearing within twelve (12) hours after the seizure,
the corporation counsel of the city or his designee shall conduct such
preliminary hearing within twenty four (24) hours after the seizure,
excluding Sundays and holidays. 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. If, after the hearing, the
corporation counsel or his designee determines that there is probable cause
to believe that the motor vehicle was used in the violation of subsection A
of this section he shall order the continued impoundment of the motor
vehicle as provided in this section unless the owner of the vehicle posts with
the city a cash bond in the amount of the specified penalty plus fees for
towing and storing the motor vehicle. If the corporation counsel or his
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designee determines that there is no such probable cause, the motor vehicle
will be returned without penalty or other fees.
3. Within ten(10)days after a motor vehicle is seized and impounded pursuant
to this section, the city shall notify by personal service or by certified mail,
return receipt requested, the owner of record or lessee of the vehicle, and
any lienholder of record,of the date,time and location of a hearing that will
be conducted pursuant to this section. The hearing shall be scheduled and
held, unless continued by order of the court or hearing officer,not less than
fifteen(15)days and not more 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. Such hearing shall be conducted pursuant to and in
accordance with the provisions of chapter 11.62 of this title. The hearing
shall be conducted by a hearing officer who is an attorney licensed to
practice law in Illinois for a minimum of three (3) years. At the conclusion
of the hearing, the hearing officer shall issue a written decision either
sustaining or overruling the vehicle impoundment. If after a hearing, it is
determined by a preponderance of evidence that the motor vehicle was used
in the commission of any of the violations described in subsection A of this
section the motor vehicle shall continue to be impounded until the owner
pays the specified penalty plus fees for towing and storage of the motor
vehicle. The penalty and fees shall be a debt due and owing the city.
However, if a cash bond has been posted the bond shall be applied to the
penalty. If it is determined at a hearing that the motor vehicle was not used
in such a violation, the vehicle or cash bond shall be returned without
penalty or other fees. All final decisions of the administrative hearing
officer shall be subject to review under the provisions of the Illinois
administrative review law. Unless the administrative hearing officer
overturns the basis for the vehicle impoundment, no vehicle shall be
released to the owner, lessee,or lienholder of record until all administrative
penalties and towing and storage charges are paid. Notwithstanding any
other provision of this section, whenever a person with a lien of record
against a motor vehicle impounded under this section has commenced
foreclosure proceedings, possession of the motor vehicle shall be given to
that person if he agrees in writing to refund to the city the net proceeds of
any foreclosure sale, less any amount necessary to pay all lienholders of
record, up to the total amount of penalties imposed under this subsection C.
4. Any motor vehicle that is not reclaimed within thirty five(35)days after the
expiration of the time during which the owner of record may seek judicial
review of the city's action under this section, or the time at which a final
judgment is rendered in favor of the city, or the time a final administrative
decision is rendered against an owner of record who is in default, shall be
deemed abandoned and may be disposed of as an abandoned or unclaimed
motor vehicle as provided by law in accordance with the provisions of
article II of chapter 4 of the Illinois vehicle code, as amended."
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Section 2. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed to the extent of any such conflict.
Section 3. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
/A /4" GUC
David J. Ka. ain, 'ayor
Presented: July 11, 2018
Passed: July 11, 2018
Omnibus Vote: Yeas: 8 Nays: 0
Recorded: July 11, 2018 :�"� .
Published: July 12, 2018 osa
A st:
Kimberly Dewis, City rk1) :
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