CITY OF WARRENVILLE DuPage County, Illinois ORDINANCE NO. 2898 ORDINANCE AMENDING TITLE 5, CHAPTER 5 OF THE WARRENVILLE CITY CODE RE IMPOUNDMENT OF VEHICLES USED IN ILLEGAL ACTIVITIES WHEREAS, the Mayor and City Council find and hereby declare that it is in the best interests of the City to amend Title 5, Chapter 5 of the City Code in its entirety; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF WARRENVILLE, DU PAGE COUNTY, ILLINOIS, AS FOLLOWS: SECTION ONE: The foregoing recitals shall be and are hereby adopted as findings of fact as if said recitals were fully set forth within this Section One. SECTION TWO: Title 5, Chapter 5 of the City Code shall be and is hereby amended in its entirety so that said Title 5, Chapter 5 shall hereafter be and read as follows: Chapter 5 IMPOUNDMENT OF VEHICLES USED IN ILLEGAL ACTIVITIES 5-5-1: IMPOUNDMENT OF MOTOR VEHICLES OF MOTOR VEHICLES USED IN CONNECTION WITH ILLEGAL ACTIVITIES: 5-5-2: NOTICE: 5-5-3: PRELIMINARY HEARING: 5-5-4: POSTTOW HEARING: 5-5-5: ADMINISTRATIVE FEE: 5-5-6: VEHICLE POSSESSION: 5-5-1: IMPOUNDMENT OF MOTOR VEHICLES USED IN CONNECTION WITH ILLEGAL ACTIVITIESPOST TOW HEARING: A. Violations Authorizing Impoundment: A motor vehicle, operated with the permission express or implied, of the owner of record, that is used in connection with the following violations, shall be subject to tow and impoundment by the city, and the owner of record of said vehicle shall be liable to the city for an administrative fee in addition to any towing and storage fees, as hereinafter provided:
1. Operation of 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 Illinois Compiled Statutes 5/36-1 et seq. 2. Driving under the influence of alcohol, other drug or drugs, intoxicating compounds, in violation of 625 Illinois Compiled Statutes 5/11-501. 3. Operating 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 Illinois Compiled Statutes 550/1. 4. Operation or use of a motor vehicle in connection with the commission or attempted commission of any offense in violation of the Illinois controlled substances act, 720 Illinois Compiled Statutes 570/100. 5. Unlawful use of a weapon in violation of 720 Illinois Compiled Statutes 5/24-1; aggravated discharge of a firearm in violation of 720 Illinois Compiled Statutes 5/24-1.1; and unlawful possession of a firearm and firearm ammunition, in violation of 720 Illinois Compiled Statutes 5/24-3.1. 6. Driving while license, permit or privilege to operate a motor vehicle is revoked or suspended, as provided in 625 Illinois Compiled Statutes 5/6-303. 7. Operating or using the 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 the offenses of driving while license is revoked or suspended 1, operating the motor vehicle without a valid driver s license 2, and/or driving under the influence of alcohol, other drugs, intoxicating compound(s) or any combination thereof 3. 8. Operation or use of a motor vehicle without a valid license or permit, in violation of 625 Illinois Compiled Statutes 5/6-101. 9. Fleeing or attempting to elude a police officer, in violation of 625 Illinois Compiled Statutes 5/11-204 and 204.1. 10. Illegally transporting open alcoholic beverages, in violation of 625 Illinois Compiled Statutes 5/11-502. B. General Regulations: 1 625 ILCS 5/6-303. 2 625 ILCS 5/6-101. 3 625 ILCS 5/11-501. -2-
1. This chapter shall not replace or otherwise abrogate any existing laws pertaining to vehicle seizure, towing and impoundment, and the owner shall be subject to these penalties in addition to any penalties that may be assessed by a court for any criminal charges. 2. This chapter shall not apply if the vehicle used in the violation was stolen at the time and the theft was reported to the appropriate police authorities within twenty four (24) hours after the theft was discovered. 3. Fees for towing and storage of a vehicle under this chapter shall be those approved by the chief of police for all tow companies authorized to tow for the police department. 5-5-2: NOTICE: Whenever a police officer has probable cause to believe that a vehicle is subject to tow and impoundment pursuant to this chapter, the police officer shall provide for the towing of the vehicle to a facility authorized by the city. Before or at a time the vehicle is towed, the police officer shall notify any person identifying himself as the owner of the vehicle or any person who is found to be in control of the vehicle at the time for the alleged, of the fact of the impoundment, and of the vehicle and of the owner s right to request a preliminary impoundment hearing to be conducted under Section 5-5-3 of this chapter. Said vehicle shall be impounded pending the completion of the hearings provided for in Sections 5-5-3 and 5-5-4 of this chapter, unless the owner of the vehicle posts with the city a cash bond in the amount of five hundred dollars ($500.00) and pays the accrued towing and storage charges. 5-5-3: PRELIMINARY HEARING: If the owner of record of a vehicle impounded pursuant to the chapter desires to appeal the impoundment, said owner must make a request for hearing within twenty four (24) hours of the impoundment. Said request shall be in writing and filed with the chief of police or his designee, who shall conduct such preliminary hearing within twenty four (24) hours after receipt of the request, excluding Saturdays, Sundays, or city 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 there is probable cause to believe that the vehicle is subject to impoundment pursuant to this chapter unless the owner of the vehicle posts with the city a cash bond in the amount of five hundred dollars ($500.00) and pays the tower any applicable towing and storage fees. If the chief of police or his designee determines that there is no such probable cause, the vehicle will be returned without penalty or other fees. -3-
5-5-4: POST TOW HEARING: Within ten (10) days after a vehicle is impounded pursuant to this chapter, the city shall notify by certified mail, return receipt requested, the owner of record of the date, time, and location of a post tow hearing that will be conducted, pursuant to this section. The hearing shall be conducted by a hearing officer designated by the city administrator. 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 only if it is the type commonly relied upon by reasonably prudent persons in the conduct of their affairs. If, after the post tow hearing, the hearing officer determines, by a preponderance of the evidence, that the vehicle was used in connection with a violation set forth in this chapter, the hearing officer shall enter an order finding the owner of record of the vehicle civilly liable to the city for an administrative fee as provided in Section 5-5-5 and requiring the vehicle to continue to be impounded until the owner pays the administrative fee to the city plus fees to the tower for the towing and storage of the vehicle. If the owner of record fails to appear at the hearing, the hearing officer shall enter a default order in favor of the city. If the hearing officer finds no such violation occurred, the hearing officer shall order the immediate return of the owner s vehicle or cash bond without fees. The decision of the hearing officer shall be subject to judicial review in the manner provided by law. 5-5-5: ADMINISTRATIVE FEE: The administrative fee for a vehicle impounded pursuant to this Chapter shall be five hundred dollars ($500.00). If an administrative fee is imposed pursuant to this chapter, such fee shall constitute a debt due and owing the city. If a cash bond has been posted pursuant to this chapter the bond shall be applied to the fee. If a vehicle has been impounded when such a fee is imposed, the city 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 chapter, a vehicle shall continue to be impounded until the fee is paid to the city and any applicable towing 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 (30) days after an administrative fee is imposed against an owner of record who defaults by failing to appear at the posttow 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 applicable fees are not paid within thirty (30) days after the expiration of time at which judicial review of the hearing officer s determination may be sought, or within thirty (30) days after an action seeking judicial review has been resolved in favor of the city, whichever is applicable, 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. -4-
5-5-6: VEHICLE POSSESSION: A. Except as otherwise specifically provided by law, no owner, lien holder, or other person shall be legally entitled to take possession of a vehicle impounded under this chapter until the administrative fee and fees applicable under this chapter have been paid. 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 the city the amount of net proceeds of any foreclosure sale, less any amounts required to pay all lien holders of record, not to exceed the administrative fee, plus the applicable fees. B. For purposes of this chapter, the owner of record of a vehicle is the record titleholder as registered with the secretary of state of the state of Illinois. SECTION THREE: Any and all policies, resolutions, or ordinances, or sections, or subsections thereof which conflict with the provisions of this ordinance shall be and are hereby repealed to the extent of such conflict. SECTION FOUR: This Ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law. PASSED THIS day of, 2014. AYES: NAYS: ABSENT: APPROVED THIS day of, 2014. ATTEST: Mayor City Clerk JM\174845\11/4/14-5-