112-99 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: