Chapter 7
ADMINISTRATIVE TOWING AND IMPOUNDMENT OF MOTOR VEHICLESlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41563
9-7-1: DEFINITIONS:
9-7-2: TOWING AND IMPOUNDMENT; ADMINISTRATIVE FEE:
9-7-3: TOWING AND IMPOUNDMENT; NO ADMINISTRATIVE FEE:
9-7-4: GENERAL REGULATIONS:
9-7-5: NOTICE OF IMPOUNDMENT AND PRELIMINARY ADMINISTRATIVE HEARING:
9-7-6: PRELIMINARY HEARING:
9-7-7: FINAL ADMINISTRATIVE HEARING:
9-7-8: ADMINISTRATIVE REVIEW:

9-7-1: DEFINITIONS:linklink


For the purposes of this chapter:

HEARING OFFICER: An attorney who has been licensed to practice law in the state of Illinois for a minimum of three (3) years, and who has been designated by the village manager.

OWNER OF RECORD: The "owner of record" or "owner" of a motor vehicle is the record titleholder as registered with the Illinois secretary of state.

VIOLATIONS: Any of the following:

(A) A violation of the following sections of the Illinois vehicle code, as amended:

1. Driving under the influence of alcohol, other drug or drugs, an intoxicating compound or compounds or any combination thereof in violation of 625 Illinois Compiled Statutes 5/11-501 (driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof);

2. Driving while a driver's license, permit or privilege to operate a motor vehicle is suspended or revoked pursuant to 625 Illinois Compiled Statutes 5/6-303 (driving while driver's license, permit or privilege to operate a motor vehicle is suspended or revoked), except where said violation is in regard to a person whose driver's license, permit or privilege to operate a motor vehicle is suspended only for a violation of the emissions inspection laws as set forth in 625 Illinois Compiled Statutes 5/13C-1 et seq., or for an unpaid citation (parking or moving);

3. Operation or use of a motor vehicle without ever having been issued a driver's license or permit, or without ever having been issued a driver's license or permit due to a person's age, except for a license which is invalid because of curfew (as in the case of a graduated license), or with an expired driver's license, if the period of expiration is greater than one year, in violation of 625 Illinois Compiled Statutes 5/6-101 (drivers must have licenses or permits);

4. Operation or use of a motor vehicle by a person against whom a warrant has been issued by a circuit court for failing to appear to answer charges that the person was:

(a) Operating a motor vehicle while that person's license was suspended or revoked in violation of 625 Illinois Compiled Statutes 5/6-303; or

(b) Operating a motor vehicle while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof in violation of 625 Illinois Compiled Statutes 5/11-501;

(c) Operating a motor vehicle without having a valid driver's license or permit, in violation of 625 Illinois Compiled Statutes 5/6-101;

(B) Operation or use of a motor vehicle in the commission of, or the attempt to commit, one of the following offenses under the criminal code of 1961, as amended:

720 ILCS 5/11-6 (indecent solicitation of a child);

720 ILCS 5/11-14 (prostitution);

720 ILCS 5/11-14.1 (solicitation of a sexual act);

720 ILCS 5/11-14.3 (promoting prostitution);

720 ILCS 5/11-14.4 (promoting juvenile prostitution);

720 ILCS 5/11-18 (patronizing a prostitute);

720 ILCS 5/11-18.1 (patronizing a juvenile prostitute);

720 ILCS 5/12-2 (aggravated assault);

720 ILCS 5/12-3.05 (aggravated battery);

720 ILCS 5/16-1 (theft);

720 ILCS 5/16-2 (theft of lost or mislaid property);

720 ILCS 5/16-3 (theft of labor or services or use of property);

720 ILCS 5/16-5 (theft from coin operated machine);

720 ILCS 5/16-18 (tampering with communication services; theft of communication services);

720 ILCS 5/16-25 (retail theft);

720 ILCS 5/18-1 (robbery);

720 ILCS 5/18-2 (armed robbery);

720 ILCS 5/19-1 (burglary);

720 ILCS 5/19-3 (residential burglary);

720 ILCS 5/20-1 (arson);

720 ILCS 5/20-1.1 (aggravated arson);

720 ILCS 5/20-2 (possession of explosives or explosive or incendiary devices);

720 ILCS 5/21-1 (criminal damage to property);

720 ILCS 5/24-1 (unlawful use of weapons);

720 ILCS 5/24-1.5 (reckless discharge of a firearm);

720 ILCS 5/24-3.1 (unlawful possession of firearms and firearm ammunition);

720 ILCS 5/24-3.3 (unlawful sale or delivery of firearms on the premises of any school);

720 ILCS 5/25-1 (mob action); or

Any offense for which a motor vehicle may be seized and forfeited pursuant to section 720 ILCS 5/36-1 (seizure);

(C) Operation or use of a motor vehicle:

1. In the commission of or attempt to commit a violation of the cannabis control act, 720 Illinois Compiled Statutes 550/1 et seq.;

2. In the commission of or attempt to commit a violation of the Illinois controlled substances act, 720 Illinois Compiled Statutes 570/100 et seq.; or

3. While soliciting, possessing or attempting to solicit or possess cannabis or a controlled substance, as defined by the cannabis control act, 720 Illinois Compiled Statutes 550/1 et seq., or the Illinois controlled substance act, 720 Illinois Compiled Statutes 570/100 et seq. (Ord. 2792, 3-5-2012)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41563#s1007178
9-7-2: TOWING AND IMPOUNDMENT; ADMINISTRATIVE FEE:linklink

A motor vehicle shall be subject to tow and impoundment by the village, and the owner of record of the vehicle shall be liable to the village for an administrative fee of five hundred dollars ($500.00) in addition to any towing and storage fees if all three (3) of the following conditions are satisfied:


(A) A police officer has probable cause to believe that the driver has violated a vehicle regulation(s) or other law; and


(B) The police officer determines that it is reasonably necessary to remove the motor vehicle from an exposed or public location to avoid a hazard to other members of the public or to avoid obstruction of the normal movement of traffic; and


(C) The owner or operator of the motor vehicle, due to arrest for the violation, impairment or otherwise, is unable to provide for the speedy, efficient, and lawful removal of the vehicle from the exposed or public location.

However, if in the judgment of the police officer then present, a person authorized by the owner of record or the operator of the motor vehicle is present and capable to provide for the speedy, efficient and lawful removal of the motor vehicle, and said motor vehicle is not required to be held as evidence in regard to the violation, the police officer shall allow that individual to promptly remove the motor vehicle without it being subject to seizure and impoundment. (Ord. 2792, 3-5-2012)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41563#s1007179
9-7-3: TOWING AND IMPOUNDMENT; NO ADMINISTRATIVE FEE:linklink

A motor vehicle shall be subject to tow and impoundment by the village, and the owner of record of the vehicle shall be liable for any towing and storage fees, but shall not be liable for any administrative fee, if all three (3) of the following conditions are satisfied:


(A) The vehicle is unattended; or the vehicle is attended but is nonfunctioning or otherwise incapable of being driven; and


(B) The police officer determines that it is reasonably necessary to remove the motor vehicle from an exposed or public location to avoid a hazard to other members of the public or to avoid obstruction of the normal movement of traffic; and


(C) The owner or operator of the motor vehicle is unable to provide for the speedy, efficient, and lawful removal of the vehicle from the exposed or public location. (Ord. 2610, 3-19-2007)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41563#s1007180
9-7-4: GENERAL REGULATIONS:linklink


(A) This chapter is in addition to, and shall not replace or otherwise abrogate, state or federal law or village ordinances pertaining to the seizure, towing and/or impoundment of motor vehicles.


(B) The owner of record, lessee or lienholder of the motor vehicle shall be subject to the administrative fees set forth in this chapter in addition to towing and storage fees and any penalties that may be assessed by a court of law. The fees for towing and storage of a vehicle under this chapter shall be those approved by the chief of police for all tow operators authorized to tow for the police department.


(C) This chapter shall not apply to a motor vehicle which was stolen at the time of impoundment, and verifiable proof of theft is provided to the village. (Ord. 2792, 3-5-2012)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41563#s1007181
9-7-5: NOTICE OF IMPOUNDMENT AND PRELIMINARY ADMINISTRATIVE HEARING:linklink


(A) Notice: Whenever a police officer determines that a motor vehicle is subject to towing and impoundment pursuant to this chapter, the officer shall provide for the towing of the vehicle to a facility authorized by the chief of police. At the time the vehicle is towed, the police officer shall notify or make a reasonable attempt to notify any person identifying himself as the owner or lessee of the vehicle or any person who is found to be in control of the vehicle at the time of the alleged violation, and who is physically present at the scene, that the vehicle will be towed and impounded, and that the owner has the right to request a preliminary vehicle impoundment hearing and to participate in an administrative hearing, as provided in this chapter. If the owner or lessee is present at the scene, the police officer shall inform the owner or lessee that he/she has a right to make a written request for a preliminary vehicle impoundment hearing within forty eight (48) hours of the seizure in accordance with the provisions of section 9-7-6 of this chapter. If the owner or lessee of the vehicle is not present at the scene, the village shall send written notice of the tow and impoundment by certified mail, return receipt requested, at the address listed on the owner's vehicle registration within twenty four (24) hours of impoundment, excluding Saturdays, Sundays, or village holidays. Said notice shall inform the owner that he/she has the right to request a preliminary vehicle impoundment hearing within forty eight (48) hours of the owner's receipt of the notice in accordance with section 9-7-6 of this chapter.


(B) Impoundment Pending Hearing: Said vehicle shall be impounded pending the completion of the preliminary vehicle impoundment hearing provided for in section 9-7-6 of this chapter, unless the owner, any lessee or any lienholder of the vehicle posts with the village a cash bond, or pays by money order or certified check to the village of Riverside police department the amount of five hundred dollars ($500.00), plus any accrued towing and storage charges. Notice of the information in this subsection shall be provided to any owner, lessee or lienholder of the motor vehicle. (Ord. 2792, 3-5-2012)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41563#s1007182
9-7-6: PRELIMINARY HEARING:linklink

If the owner of record of a vehicle towed and impounded pursuant to this chapter desires to appeal the seizure, said owner must make a request for a preliminary vehicle impoundment hearing within forty eight (48) hours of the seizure, or within forty eight (48) hours of receipt of notice by the owner of the seizure if the owner was not present at the time of the seizure. 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, or 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 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 chief of police or his designee determines by a preponderance of the evidence that the vehicle was properly subject to towing and impoundment pursuant to this chapter, he shall order the continued impoundment of the vehicle as provided in this section, unless the owner of the vehicle posts with the village a cash bond, or pays by money order, certified check, or approved credit card service the amount of five hundred dollars ($500.00) (when authorized pursuant to section 9-7-2 of this chapter), plus any applicable towing and storage fees. If the chief of police or his designee determines by a preponderance of the evidence that the vehicle was improperly towed and impounded pursuant to this chapter, the vehicle will be returned without penalty or other fees. (Ord. 2610, 3-19-2007)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41563#s1007183
9-7-7: FINAL ADMINISTRATIVE HEARING:linklink


(A) Notice: Unless the owner of the motor vehicle prevails at a preliminary vehicle impoundment hearing held pursuant to section 9-7-6 of this chapter, or the owner affirmatively waives his/her right to a final administrative hearing, within ten (10) business days after a motor vehicle is towed and impounded pursuant to this chapter, the village shall notify the owner of record, any lessee and any lienholder of record by personal service or first class mail to the interested party's address as registered with the secretary of state, of the date, time and location of a hearing that will be conducted pursuant to this section. The notice shall state the fees that may be imposed, and that a motor vehicle not released by cash bond or other form of payment acceptable to the village may be sold or disposed of by the village in accordance with applicable law.


(B) Hearing: The final administrative hearing shall be conducted and held, unless the owner prevailed at a preliminary vehicle impoundment hearing, affirmatively waives the hearing, or the hearing is continued by order of the hearing officer, no later than forty five (45) days after the motor vehicle was seized. The hearing shall be conducted and the case decided by a hearing officer appointed by the village. 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 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 motor vehicle, operated with the permission, express or implied of the owner, was properly subject to towing and impoundment pursuant to this chapter, the hearing officer shall enter an order finding the owner of record of the motor vehicle civilly liable to the village for an administrative fee in the amount of five hundred dollars ($500.00) (when authorized by section 9-7-2 of this chapter) and requiring the vehicle to continue to be impounded until the owner, lessee or lienholder pays the administrative fee to the village, plus any applicable towing and storage fees. If the owner of record fails to appear at the hearing, the hearing officer shall enter a default order in favor of the village, a copy of which shall be sent to the registered owner, lessee and lienholder via certified mail, return receipt requested. If a cash bond or other acceptable form of payment has been posted, that amount shall be applied to the amount owed. If the hearing officer finds by a preponderance of the evidence that the vehicle was improperly towed and impounded pursuant to this chapter, the hearing officer shall order the immediate return of the owner's vehicle or cash bond without fees. All orders entered by the hearing officer under this subsection shall be in writing.


(C) Liability For Administrative Fee And Costs: If an administrative fee is imposed pursuant to section 9-7-2 of this chapter, such fee shall constitute a debt due and owing to the village. If a cash bond or other form of monetary payment acceptable to the village has been posted pursuant to this chapter, such amount shall be applied to the administrative fee. If a vehicle has been impounded when such an administrative fee is imposed, the village may seek to obtain a judgment on the debt and enforce such judgment against the vehicle as provided by law. Except as provided otherwise in this section, a vehicle shall continue to be impounded until the administrative fee is paid to the village and any applicable towing 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 disposed 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 five (35) 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 provided by law for the disposition of unclaimed vehicles. In all other cases, if the administrative fee and other applicable fees are not paid within thirty five (35) days after the administrative hearing officer issues a written decision, 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.


(D) Vehicle Possession: Except as otherwise specifically provided by law or this chapter, no owner, lienholder, or other person shall be legally entitled to take possession of a vehicle impounded under this chapter until the administrative fee and other applicable fees under this chapter have been paid in full. 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 to the village the amount of the net proceeds of any foreclosure sale, less any amounts required to pay all lienholders of record, not to exceed the administrative penalty, plus the applicable fees. (Ord. 2792, 3-5-2012)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41563#s1007184
9-7-8: ADMINISTRATIVE REVIEW:linklink

Any owner of record, lienholder or other person with a legal interest in the motor vehicle, shall have the right to appeal the decision of the hearing officer to the circuit court for the 1st judicial circuit, Cook County, Illinois, pursuant to the administrative review act, 735 Illinois Compiled Statutes 5/3-101 et seq., as amended. Unless stayed by a court of competent jurisdiction, any fine, penalty, or administrative fee imposed under this chapter which remains unpaid in whole or in part after the expiration of the deadline for seeking judicial review under the administrative review act may be enforced in the same manner as a judgment entered by a court of competent jurisdiction. (Ord. 2792, 3-5-2012)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41563#s1007185