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2004-0454/2/04 — Bill Raysa • ' - • ORDINANCE NO. 2004- 4 5 AN ORDINANCE ADDING CHAPTER 10.20, VEHICLE SEIZURE AND IMPOUNDMENT, TO THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the commission of certain criminal and quasi - criminal offenses is made more egregious by the use of motor vehicles in the commission of the offenses; and WHEREAS, the Corporate Authorities of the Village of Buffalo Grove find that it is in the best interest of the health, safety and welfare of the citizens of Buffalo Grove that owners and operators of motor vehicles are encouraged to conform their conduct to the mandates of local, state and federal law; and WHEREAS, the Corporate Authorities of the Village of Buffalo Grove find that a civil penalty for certain violations will encourage compliance with the laws that are intended to protect the citizens of Buffalo Grove from the harm associated with those violations; and WHEREAS, the Corporate Authorities of the Village, pursuant to the Village's home rule authority, hereby adopt this ordinance establishing procedures for the seizure and impounding of motor vehicles used in connection with illegal activities and establishing administrative penalties for such violations. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE and COOK COUNTIES, ILLINOIS, as follows: Section 1. The foregoing WHEREAS clauses are incorporated herein as if fully set forth hereby. Section 2. Chapter 10.20 is hereby added to the Village of Buffalo Grove Municipal Code as follows: Chapter 10.20 VEHICLE SEIZURE AND ]IMPOUNDMENT 10.20.010 Use of motor vehicles for unlawful purposes A. Definitions. For purposes of this Chapter: 1. "business day" means any day in which the office of the Village Clerk of the Village of Buffalo Grove is open to the public for a minimum of seven (7) hours. 2. "motor vehicle" means every vehicle which is self- propelled, including but not limited to automobiles, trucks, vans, motorcycles and motor scooters. 3. "owner of record" means the record title holder(s) of the vehicle. B. Conduct Prohibited. A motor vehicle that is used in connection with any of the following violations may be subject to seizure and impoundment by the Village, and the owner of record of said vehicle shall be liable to the Village for an administrative penalty of $500.00 plus any applicable towing fees. 0 ' 1 • 1. Driving under the influence, as provided in section BG- 11- 501(a) of the Buffalo Grove Municipal Code or section 5/11- 501(a) of the Illinois Vehicle Code (625 ILCS 5/11- 501(a)), or 2. Driving with suspended or revoked license, as provided in section BG -6 -303 of the Buffalo Grove Municipal Code or section 5/6 -303 of the Illinois Vehicle Code (625 ILCS 5/6 -303), as a result of a conviction pursuant to section 5/11- 501(a) of the Illinois Vehicle Code or section BG- 11-501(a) of the Buffalo Grove Municipal Code. C. Seizure and Impoundment. 1. Whenever a police officer has reason 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 to a facility approved by the Chief of Police. This Section shall not apply if the vehicle used in the violation was stolen at that time and the theft was reported to the appropriate police authorities within 24 hours after the theft was discovered or reasonably should have been discovered. 2. 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 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 an administrative hearing to be conducted under this Section. D. Administrative Hearing. Within five (5) business days after a vehicle is seized and impounded pursuant to this Section, the Village shall notify by certified mail the owner of record of the owner's right to request a hearing to challenge whether a violation of this Section has occurred. The owner of record seeking a hearing must file a written request for a hearing with the Chief of Police or his designee no later than ten (10) business days after notice was mailed. The hearing date must be no more than ten (10) business days after a request for a hearing has been filed. All interested persons shall be given a reasonable opportunity to be heard at the hearing. The formal rules of evidence shall not apply at the hearing and hearsay evidence shall be admissible. If, after the hearing, the hearing officer determines by a preponderance of evidence that the vehicle was used in violation of this Section, then the hearing officer shall enter an order finding the owner of record of the vehicle civilly liable to the Village for the administrative penalty of $500.00. If, after a hearing, the hearing officer does not determine by a preponderance of the evidence that the vehicle was used in such a violation, the hearing officer shall enter an order finding for the owner and for the return of the vehicle If the owner of record requests a hearing but fails to appear at the hearing or fails to request a hearing in a timely manner, the owner of record shall be deemed to have waived his or her right to a hearing and the hearing officer shall enter a default order in favor of the Village in the amount of the administrative penalty . However, if the owner of record pays such penalty and the vehicle is returned to the owner, no default order need be entered if the owner is informed of his or her right to a hearing and signs a written waiver, in which case an order of liability shall be deemed to have been made when the Village receives the written waiver. E. Disposition of impounded vehicle. A penalty imposed pursuant to this Section shall constitute a debt due and owing the Village. A vehicle impounded pursuant to this Section shall remain impounded until: 1. the penalty of $500.00 is paid to the Village and all applicable towing fees are paid to the towing agent, in which case the owner of record shall be given possession of the vehicle, 2. a bond in the amount of $500.00 is posted with the Police Department and all applicable towing fees are paid to the towing agent, at which time the vehicle will be released to the owner of record, or 2 i • 3. the vehicle is deemed abandoned, in which case the vehicle shall be disposed of in the manner provided by law for the disposition of abandoned vehicles. F. Posting of bond. If a bond in the amount of $500.00 is posted with the Police Department, the impounded vehicle shall be released to the owner of record; the owner of the vehicle shall still be liable to the towing agent for any applicable towing fees. If a $500.00 penalty is imposed for violation of this Section, the $500.00 bond will be forfeited to the Village; however if a violation of this Section is not proven by a preponderance of the evidence, the $500.00 bond will be returned to the person posting the bond. All bond money posted pursuant to this Section shall be held by the Village until the hearing officer issues a decision, or, if there is a judicial review, until the court issues its decision. G. Vehicle Possession. Any motor vehicle that is not reclaimed within 30 days after the expiration of the time during which the owner of record may seek judicial review of the Village's action under this Section, or the time at which a final judgment is rendered in favor of the Village, or the time a final administrative decision is rendered against an owner of record who is in default, may be disposed of as an unclaimed vehicle as provided by law, provided, however, that where proceedings have been instituted under state or federal drug asset forfeiture laws, the subject vehicle may not be disposed of by the Village except as consistent with those proceedings. Section 2. All ordinances or parts of ordinances in conflict herewith are to the extent of such conflict, hereby repealed. Section 3. If any provision, clause, sentence, paragraph, section, or part of this ordinance or application thereof to any person, firm, corporation, public agency or circumstance, shall, for any reason, be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of this ordinance and the application of such provision to other persons, firms, corporations, or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person, firm, corporation, or circumstances involved. It is hereby declared to be the legislative intent of the President and Board of Trustees of the Village of Buffalo Grove that this ordinance would have been adopted had such unconstitutional or invalid provision, clause, sentence, paragraph, section, or part thereof not been included. Section 4. This ordinance shall be in full force and effect from and after, June 1, 2004, and its passage, approval and publication. This ordinance may be published in pamphlet form. AYES: 5 - Braiman, Glover, Johnson, Kahn, Trilling NAYES: 0 - None ABSENT: -1 - Berman PASSED: May 3 , 2004. APPROVED: May 3 , 2004. PUBLISHED: May 4 , 2004. ATTEST: page Clerk 0 1 1 - APPROVED: Village President A STATE OF ILLINOIS ) ss. COUNTY OF COOK ) CERTIFICATE I, Janet M. Sirabian, certify that I am the duly elected and acting Village Clerk of the Village of Buffalo Grove, Cook and Lake Counties, Illinois. I further certify that on May 3, 2004 the Corporate Authorities of the Village passed and approved Ordinance No. 2004 -45 entitled: An Ordinance Adding Chapter 10.20, Vehicle Seizure and Impoundment to the Village of Buffalo Grove Municipal Code which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. 2004 -45, including the Ordinance and a sheet thereof, was prepared, and a copy of such Ordinance was posted in and at the Village Hall, commencing May 4, 2004, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the Office of Village Clerk. Dated at Buffalo Grove, Illinois, this 4th day of May, 2004. Vi e Clerk By �y 4/2/04 - Bill Raysa ORDINANCE NO. 2004- 4 5 AN ORDINANCE ADDING CHAPTER 10.20, VEHICLE SEIZURE IMPOUNDMENT, TO THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the commission of certain criminal and quasi - criminal offenses is made more egregious by the use of motor vehicles in the commission of the offenses; and WHEREAS, the Corporate Authorities of the Village of Buffalo Grove find that it is in the best interest of the health, safety and welfare of the citizens of Buffalo Grove that owners and operators of motor vehicles are encouraged to conform their conduct to the mandates of local, state and federal law; and WHEREAS, the Corporate Authorities of the Village of Buffalo Grove find that a civil penalty for certain violations will encourage compliance with the laws that are intended to protect the citizens of Buffalo Grove from the harm associated with those violations; and WHEREAS, the Corporate Authorities of the Village, pursuant to the Village's home rule authority, hereby adopt this ordinance establishing procedures for the seizure and impounding of motor vehicles used in connection with illegal activities and establishing administrative penalties for such violations. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE and COOK COUNTIES, ILLINOIS, as follows: Section 1. The foregoing WHEREAS clauses are incorporated herein as if fully set forth hereby. Section 2. Chapter 10.20 is hereby added to the Village of Buffalo Grove Municipal Code as follows: Chapter 10.20 VEHICLE SEIZURE AND IMPOUNDMENT 10.20.010 Use of motor vehicles for unlawful purposes A. Definitions. For purposes of this Chapter: 1. "business day" means any day in which the office of the Village Clerk of the Village of Buffalo Grove is open to the public for a minimum of seven (7) hours. 2. "motor vehicle" means every vehicle which is self - propelled, including but not limited to automobiles, trucks, vans, motorcycles and motor scooters. 3. "owner of record" means the record title holder(s) of the vehicle. B. Conduct Prohibited. A motor vehicle that is used in connection with any of the following violations may be subject to seizure and impoundment by the Village, and the owner of record of said vehicle shall be liable to the Village for an administrative penalty of $500.00 plus any applicable towing fees. 1. Driving under the influence, as provided in section BG- 11- 501(a) of the Buffalo Grove Municipal Code or section 5/11- 501(a) of the Illinois Vehicle Code (625 II.,CS 5/11- 501(a)), or 2. Driving with suspended or revoked license, as provided in section BG -6 -303 of the Buffalo Grove Municipal Code or section 5/6 -303 of the Illinois Vehicle Code (625 ILCS 5/6 -303), as a result of a conviction pursuant to section 5/11- 501(a) of the Illinois Vehicle Code or section BG- 11-501(a) of the Buffalo Grove Municipal Code. C. Seizure and Impoundment. 1. Whenever a police officer has reason 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 to a facility approved by the Chief of Police. This Section shall not apply if the vehicle used in the violation was stolen at that time and the theft was reported to the appropriate police authorities within 24 hours after the theft was discovered or reasonably should have been discovered. 2. 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 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 an administrative hearing to be conducted under this Section. D. Administrative Hearing. Within five (5) business days after a vehicle is seized and impounded pursuant to this Section, the Village shall notify by certified mail the owner of record of the owner's right to request a hearing to challenge whether a violation of this Section has occurred. The owner of record seeking a hearing must file a written request for a hearing with the Chief of Police or his designee no later than ten (10) business days after notice was mailed. The hearing date must be no more than ten (10) business days after a request for a hearing has been filed. All interested persons shall be given a reasonable opportunity to be heard at the hearing. The formal rules of evidence shall not apply at the hearing and hearsay evidence shall be admissible. If, after the hearing, the hearing officer determines by a preponderance of evidence that the vehicle was used in violation of this Section, then the hearing officer shall enter an order fording the owner of record of the vehicle civilly liable to the Village for the administrative penalty of $500.00. If, after a hearing, the hearing officer does not determine by a preponderance of the evidence that the vehicle was used in such a violation, the hearing officer shall enter an order finding for the owner and for the return of the vehicle If the owner of record requests a hearing but fails to appear at the hearing or fails to request a hearing in a timely manner, the owner of record shall be deemed to have waived his or her right to a hearing and the hearing officer shall enter a default order in favor of the Village in the amount of the administrative penalty . However, if the owner of record pays such penalty and the vehicle is returned to the owner, no default order need be entered if the owner is informed of his or her right to a hearing and signs a written waiver, in which case an order of liability shall be deemed to have been made when the Village receives the written waiver. E. Disposition of impounded vehicle. A penalty imposed pursuant to this Section shall constitute a debt due and owing the Village. A vehicle impounded pursuant to this Section shall remain impounded until: 1. the penalty of $500.00 is paid to the Village and all applicable towing fees are paid to the towing agent, in which case the owner of record shall be given possession of the vehicle, 2. a bond in the amount of $500.00 is posted with the Police Department and all applicable towing fees are paid to the towing agent, at which time the vehicle will be released to the owner of record, or 3. the vehicle is deemed abandoned, in which case the vehicle shall be disposed of in the manner provided by law for the disposition of abandoned vehicles. F. Posting of bond. If a bond in the amount of $500.00 is posted with the Police Department, the impounded vehicle shall be released to the owner of record; the owner of the vehicle shall still be liable to the towing agent for any applicable towing fees. If a $500.00 penalty is imposed for violation of this Section, the $500.00 bond will be forfeited to the Village; however if a violation of this Section is not proven by a preponderance of the evidence, the $500.00 bond will be returned to the person posting the bond. All bond money posted pursuant to this Section shall be held by the Village until the hearing officer issues a decision, or, if there is a judicial review, until the court issues its decision. G. Vehicle Possession. Any motor vehicle that is not reclaimed within 30 days after the expiration of the time during which the owner of record may seek judicial review of the Village's action under this Section, or the time at which a final judgment is rendered in favor of the Village, or the time a final administrative decision is rendered against an owner of record who is in default, may be disposed of as an unclaimed vehicle as provided by law, provided, however, that where proceedings have been instituted under state or federal drug asset forfeiture laws, the subject vehicle may not be disposed of by the Village except as consistent with those proceedings. Section 2. All ordinances or parts of ordinances in conflict herewith are to the extent of such conflict, hereby repealed. Section 3. If any provision, clause, sentence, paragraph, section, or part of this ordinance or application thereof to any person, firm, corporation, public agency or circumstance, shall, for any reason, be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of this ordinance and the application of such provision to other persons, firms, corporations, or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person, firm, corporation, or circumstances involved. It is hereby declared to be the legislative intent of the President and Board of Trustees of the Village of Buffalo Grove that this ordinance would have been adopted had such unconstitutional or invalid provision, clause, sentence, paragraph, section, or part thereof not been included. Section 4. This ordinance shall be in full force and effect from and after, June 1, 2004, and its passage, approval and publication. This ordinance may be published in pamphlet form. AYES: 5 — Braiman, Glover, Johnson, Kahn, Trilling NAYES: 0 — None ABSENT: l — Berman PASSED: May 3 .2004. APPROVED: 2004. PUBLISHED: May 4 .2004. ATTEST: Ilage Clerk APPROVED: Village President