2013-10-21 - Ordinance 2013-071 - AMENDING CHAPTER 10.20, VEHICLE SEIZURE AND IMPOUNDMENT, OF THE VBG MUNICIPAL CODE10/14/2013
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ORDINANCE NO. 2013 - 71
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AN ORDINANCE AMENDING CHAPTER 10.20, VEHICLE SEIZURE AND
IMPOUNDMENT, OF 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 Illinois General Assembly adopted Public Act 97 -109 which amended
Chapter 11 -208 of the Illinois Vehicle Code by adding new Section 5/11 -208.7 which provides
for administrative fees and procedures for impounding vehicles (625 ILCS 5/11- 208.7).
NOW THEREFORE BE IT ORDAINIED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE
COUNTIES, ILLINOIS, as follows:
Section 1. Chapter 10.20, Vehicle Seizure and Impoundment; of the Village of Buffalo
Grove Municipal Code is hereby amended with deletions in str-ilethfeugh and additions in
underline text, so that Chapter 10.20 shall hereafter provide as follows:
Chapter 10.20
VEHICLE SEIZURE AND IMPOUNDMENT
Sections:
10.20.010
Definitions
10.20.020
Conduct Prohibited
10.20.030
Applicability
10.20.040
Administrative Fees
10.20.050
Notice
10.20.060
Preliminary Probable Cause Hearing
10.20.070
Final Administrative Hearin
10.20.080
Liability for Administrative Fees and Costs
10.20.010 Definitions: The following words, terms and phrases, when used in this
Chapter, shall have the meanings ascribed to them in this Section, except where the context
indicates a different meaning:
A. Day. A calendar day.
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B. Motor Vehicle. Any vehicle, whether licensed or unlicensed, which is self-
propelled, including but not limited to automobiles, trucks, vans, motorcycles and
motor scooters.
C. Owner of Record or Owner. The record title holder(s) of a motor vehicle as
registered with the Secretary of State of the State of Illinois, or if not registered in
Illinois, the particular state where the motor vehicle is registered.
10.20.020 Conduct Prohibited: A motor vehicle that is used in connection with any of
the following violations ma b�ject to seizure and impoundment by the Village, and the
owner of record of the vehicle or the agents of that owner shall be liable to the Village for an
administrative fee of $500.00 plus any applicable towing and storage fees:
A. 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 2012 (720 ILCS 5/36 -1); or
B. Driving under the influence of alcohol, another druiz or drugs, an intoxicating
compound or compounds, or any combination thereof, in violation of Section BG -11 -501
of the Buffalo Grove Municipal Code or Section 11 -501 of the Illinois Vehicle Code (625
ILCS 5111-501); or
C. 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 (720 ILCS 55011 et
seq.); or
D. 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 (720 ILCS
570/100 et seq)
or
E. 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 24-1.5, or 24-3.1 of the Illinois Criminal
Code of 1961 or the Illinois Criminal Code of 2012 (720 ILCS 5/24 -1; 24 -1.5, 24 -3.1);
or
F. Driving while a driver's license, permit, or privilege to operate a motor vehicle is
suspended or revoked pursuant to Section BG -6 -303 of the Buffalo Grove Municipal
Code or Section 6 -303 of Illinois Vehicle Code (625 ILCS 5/6 -303); 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; or
G. Operation or use of a motor vehicle while soliciting, possessing, or attempting to
solicit or possess cannabis or a controlled substance, as defined by the Illinois Cannabis
Control Act (720 ILCS 55011 et seq.) or the Illinois Controlled Substances Act (720 ILCS
570/100 et seg.); or
H. Operation or use of a motor vehicle with an expired driver's license, in violation
of Section BG -6 -101 of the Buffalo Grove Municipal Code or Section 6 -101 of the
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Illinois Vehicle Code (625 ILCS 5/6 -101), if the period of expiration is greater than one
e� or
I. Operation or use of a motor vehicle without ever having been issued a driver's
license or permit, in violation of Section BG -6 -101 of the Buffalo Grove Municipal Code
or Section 6 -101 of the Illinois Vehicle Code (625 ILCS 5/6 -101), or o ep rating a motor
vehicle without ever having been issued a driver's license or permit due to a person's
age; or
J. 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, 6 -303, or 11 -501 of the Illinois Vehicle Code (720 ILCS 516-101, 6 -303,
or 11 -501; or
K. Operation or use of a motor vehicle in the commission of, or in the attempt to
commit, an offense in violation of Article 16 or 16A of the Illinois Criminal Code of
1961 or the Illinois Criminal Code of 2012 (720 ILCS 5/16 or 16A); or
L. Operation or use of a motor vehicle in the commission of, or in the attempt to
commit, any other misdemeanor or felony offense in violation of the Illinois Criminal
Code of 1961 or the Illinois Criminal Code of 2012 (720 ILCS 511 -1 et sea.)
10.20.030 APPLICABILITY:
A. This Chapter shall not apply to a vehicle used in any of the violations set forth in
Section 10.20.020 of this Chapter that was stolen at the time and the owner provides
verifiable proof that the vehicle was stolen at the time the vehicle was impounded.
B. This Chapter shall not replace or otherwise abrogate y existing state or federal
laws, and the owner shall be subject to these penalties in addition to M Denalties that
may be assessed by a court.
10.20.040 ADMINISTRATIVE FEES: The registered owner of record of a
properly impounded vehicle, or the agents(s) of said owner, shall be liable to the Village
for an administrative fee of $500.00. Said administrative fee represents the administrative
and processing costs associated with the investigation, arrest and detention of an
offender, or the removal, impoundment, storage and release of the vehicle. The
administrative fee is in addition to any towing and storage fees charged for the towing
and storage of the impounded vehicle.
A. All administrative fees and towing and storage charges shall be imposed on the
registered owner of the motor vehicle or the agents of that owner.
B. The fees shall be in addition to:
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1. any other penalties that may be assessed by a court of law for the underlying
violations; and
2. an towing owing or storage fees, or both, charged by the towing company_
C. The fees shall be collected by and paid to the Village.
D. The towing or storage fees, or both, shall be collected by and paid to the person,
firm, or entity that tows and stores the impounded vehicle. The towing and
storage fees shall be those approved by the Chief of Police for all towers
authorized to tow for the Village of Buffalo Police Department.
10.20.050: NOTICE:
A. Notice. Whenever a police officer has cause to believe that a motor vehicle is
subject to seizure and impoundment pursuant to this Chapter, the police officer shall
provide for the towing of the vehicle to a facility authorized by the Chief of Police.
Before or at the time the vehicle is towed, the police officer shall notify or make a
reasonable attempt to notify the owner, lessee or any 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
vehicle at the time of the alleged violation, and who is physically present at the scene, of
the alleged violation, seizure and impoundment of the vehicle and the vehicle owner's or
lessee's right to make a written request with twenty four our (24) hours of the impoundment
for a preliminary probable cause hearing and participate in a final administrative hearing.
B. Release of Vehicle. Notwithstanding the provisions os subsection A. of this
Section, the arresting police officer may release the vehicle prior to towing if the vehicle
subject to seizure and impoundment was not owned by the person placed under arrest and
the registered owner or person legally authorized to possess the vehicle shall arrive at the
scene of the arrest prior to the actual removal or towing of the vehicle and the lawful
owner or person lawfully entitle to possession of the vehicle possesses a valid operator's
license, proof of ownership or registration, proof of liability insurance and would not, as
determined by the arresting_ police officer, indicate a lack of ability to operate the motor
vehicle in a safe manner, or who would otherwise, by operating the motor. vehicle, be in
violation of the Illinois Vehicle Code.
C. Impoundment Pending Hearing. The Village shall provide notice to the owner
or lessee that the motor vehicle shall remain impounded pending the completion of the
preliminary probable cause hearing unless the owner or lessee of the vehicle or a
lienholder posts with the Village a cash bond equal to, or pays by money order or
certified check, with the Village of Buffalo Grove Police Department the amount of the
administrative fee of $500.00 and pays for all towing and storage charges.
10.20.060 PRELIMINARY PROBABLE CAUSE HEARING:
A. Written Request. If the owner of record or lessee of a vehicle seized pursuant to
this Chapter desires to appeal the seizure, said owner or lessee must make a request for
hearing within twenty four 24) hours of the seizure. Said request shall be in writing and
filed with the Chief of Police or his designee who shall conduct such preliminary
probable cause hearing with forty eight (48) hours after receipt of the request, excluding
Saturdays, Sundays and holidays.
B. Rules of Evidence Relaxed. All interested persons shall be given a reasonable
opportunity rtunity to be heard at the preliminary probable cause 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.
C. When Probable Cause Exists. If after the hearing, the Chief of Police or his
designee determines there is probable cause to believe that the vehicle is subject to
seizure and impoundment pursuant to this Chapter, he shall order the continued
impoundment of the vehicle as provided in this Chapter unless the owner or lessee of
the vehicle posts with the Village a cash bond in the amount of $500.00 and pays the
tower any applicable towing and storage fees.
D. Vehicle to be Returned When Probable Cause Nonexistent. If the Chief of Police
or his designee determines that there is no such probable cause, the vehicle shall be
returned without fine or fees.
10.20.070 FINAL ADMINISTRATIVE HEARING:
A. Notice. Within ten (10) days after a motor vehicle has been seized and impounded
pursuant to this Chapter, the Village shall notify the owner of record, lessee, and any
lienholder of record by personal service or by first class mail, to the interested party's
address as registered with the Secretary of State, of the date, time and location of the
scheduled final administrative hearing that will be conducted pursuant to this Section.
The name and address of the person to whom a vehicle is registered as shown on the
records of the state in which the vehicle is registered shall be conclusive evidence of the
name and address of the owner of record of the vehicle unless the owner of record has
given the Village actual written notice of a different name and /or address. The notice
shall state the penalty and 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 scheduled no later than forty-
five (45) days after the date of the mailing of the notice of hearing. The hearing shall be
conducted and the case heard and decided, by a hearing officer appointed by the Village
as provided in Chapter 2.62, "Village Administrative Hearing System," of the Village
Municipal Code. Formal or technical rules of evidence shall not apply. The hearings shall
be recorded including electronic recording, and the hearing officer shall be empowered
to administer oaths and to secure by subpoena both the attendance and testimony of
witnesses and the production of relevant books and papers. Persons appearin at t the
hearing may be represented by counsel at their expense. All interested persons shall be
riven a reasonable opportunity to be heard at the final administrative 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
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the conduct of their affairs. At the conclusion of the hearing, the hearing officer shall
issue a written decision either sustaining or overruling the vehicle impoundment. If, after
the hearing the hearing officer determines that the motor vehicle, operated with the
knowledge or permission express or implied of the owner, was used in connection with a
violation set forth in this Chapter, the hearing officer shall enter an order finding the
owner of record civilly liable to the Village for an administrative fee of $500.00 and
requiring the vehicle to continue to be impounded until the owner pays the administrative
penalty to the Village plus anyqpplicable towing and storage fees. If the owner fails to
appear at the hearing the hearing officer shall enter a default order in favor of the
Village requiring the payment to the Village of an administrative fee in the amount of
$500.00. A copy of the default order shall be sent to the registered owner 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
that the vehicle was improperly seized and impounded pursuant to this Cha tep r, the
hearing officer shall order the immediate return of the owner's vehicle along with any
previously_ paid cash bond and any additional fees. All final decisions of the hearing
officer shall be subject to review under the provisions of the Illinois Administrative
Review Law (735 ILCS 5/3 -101, et seg.).
C. Driving While Intoxicated; Standard of Evidence. A sworn report of a police
officer prepared in conformity with Section 11 -501.1 of the Illinois Vehicle Code, 625
ILCS 5/11 -501.1 as amended establishing that a person refused testing or has submitted
to a test that discloses a blood alcohol concentration of 0.08 or more, or any amount of a
drug substance or intoxicating_ compound in the person's breath blood or urine resulting
from the unlawful use or consumption of cannabis listed in the Cannabis Control Act,
controlled substance listed in the Controlled Substances Act, or an intoxicating
compound listed in the Use of Intoxicating Compounds Act, shall constitute prima facie
evidence under this Chapter sufficient to establish a finding of the vehicle owner's
liability under this Chapter. The presumption may be rebutted by clear and convincing
evidence.
10.20.080 ADMINISTRATIVE FEE AND COSTS:
A. Liability for Administrative Fee and Costs. If an administrative fee is imposed
pursuant to this Chapter, such fee shall constitute a debt due and owing the Villa
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 total fee assessed at the
hearing Unless staved 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 Law, may be enforced in the same manner as a judgment entered by a court of
competent jurisdiction. A vehicle shall continue to be impounded until:
1. the administrative fee is paid to the Village and M gpplicable towing and
storage fees are paid to the tower, in which case possession of the vehicle
shall be (ziven to the person who is legally entitled to possess the vehicle; or
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2. 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 thi -five (35) days
after the hearing officer issues a written decision, the vehicle shall be deemed unclaimed
and shall be disposed of in the manner provided for the disposition of unclaimed vehicles
under section 4 -208 of the Illinois Vehicle Code, 625 ILCS 5/4 -208, as amended;
provided however, where proceedings have been instituted under state or federal drug
asset forfeiture laws, the vehicle may not be disposed of by the Village except in a
manner consistent with the disposition of vehicles that is provided for in those
proceedings.
B. Vehicle Possession. Except as otherwise specifically provided by law, 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 /she agrees in writing to refund 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 fee plus other applicable fees.
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Section 2. If any section, paragraph, clause or provision of this ordinance shall be held
invalid, the invalidity thereof shall not affect any other provision of this ordinance.
Section 3. This ordinance shall be in full force and effect as of December 1, 2013 and
from and after its passage, approval and publication. This ordinance may be published in
pamphlet form.
AYES: 6 - Berman, Trilling, Sussman, Terson, Stein, Ottenheimer
NAYES: 0 — None
ABSENT: 0 —None
PASSED: October 21
APPROVED: October 21
2013
2013
PUBLISHED: October 22 ,2013
ATTEST:
Village Clerk
#99289
10
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 October 21, 2013, the Corporate
Authorities of the Village passed and approved
Ordinance No. 2013 -71, AN ORDINANCE
AMENDING CHAPTER 10.20, VEHICLE
SEIZURE AND IMPOUNDMENT, OF THE
VILLAGE OF BUFFALO GROVE MUNICIPAL
CODE CODE, a copy of such Ordinance was posted
in and at the Village Hall, commencing on October
22, 2013 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 22nd day of
October, 2013.
im
10/14/2013
ORDINANCE NO. 2013 - 71
AN ORDINANCE AMENDING CHAPTER 10.20, VEHICLE SEIZURE AND
IMPOUNDMENT OF 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 Illinois General Assembly adopted Public Act 97 -109 which amended
Chapter 11 -208 of the Illinois Vehicle Code by adding new Section 5/11 -208.7 which provides
for administrative fees and procedures for impounding vehicles (625 ILCS 5/11- 208.7).
NOW THEREFORE BE IT ORDAINIED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE
COUNTIES, ILLINOIS, as follows:
Section 1. Chapter 10.20, Vehicle Seizure and Impoundment, of the Village of Buffalo
Grove Municipal Code is hereby amended with deletions in stfiledffeugh and additions in
underline text, so that Chapter 10.20 shall hereafter provide as follows:
Chapter 10.20
VEHICLE SEIZURE AND IMPOUNDMENT
Sections
10.20.010
Definitions
10.20.020
Conduct Prohibited
10.20.030
Aoolicability
10.20.040
Administrative Fees
10.20.050
Notice
10 20 060
Preliminary Probable Cause Hearins
10 20 070
Final Administrative Hearing
14 20 080
Liability for Administrative Fees and Costs
10 20 010 Definitions: The following words terms and phrases when used in this
Chapter, shall have the meanings ascribed to them in this Section except where the context
indicates a different meaning:
A. Day. A calendar day.
B Motor Vehicle Any vehicle whether licensed or unlicensed, which is self-
proyelled including but not limited to automobiles trucks vans motorcvcles and
motor scooters.
C Owner of Record or Owner. The record title holder(s) of a motor vehicle as
registered with the Secretary of State of the State of Illinois or if not registered m
Illinois the particular state where the motor vehicle is registered.
10 20.020 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 the vehicle or the agents of that owner shall be liable to the Village for an
administrative fee of $500.00 plus any applicable towing and storage fees:
A 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 2012 (720 ILCS 5/36 -1), or
B Driving under the influence of alcohol another drug or drugs an intoxicating
compound or co ounds or an combination thereof, in violation of Section BG -11 -501
m
of the Buffalo Grove Municipal Code or Section 11 -501 of the Illinois Vehicle Code (625
ILCS 5/11 -501); or
C 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 (720 ILCS 550/1 et
seg.); or
D 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 (720 ILCS
570/100 et seq.); or
E 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 24 -1.5 or 24 -3.1 of the Illinois Criminal
Code of 1961 or the Illinois Criminal Code of 2012 (720 ILCS 5/24 -1 24 -1.5, 24 -3.1);
or
F Driving while a driver's license permit or privilege to operate a motor vehicle is
suspended or revoked pursuant to Section BG -6 -303 of the Buffalo Grove Municipal
Code or Section 6-303 of Illinois Vehicle Code (625 ILCS 5/6 -303)' 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; or
G Operation or use of a motor vehicle while soliciting, possessing, or attempting to
solicit or possess cannabis or a controlled substance as defined by the Illinois Cannabis
Control Act (720 ILCS 550/1 et seq.) or the Illinois Controlled Substances Act (720 ILCS
570 /100 et seg.), or
H. Operation or use of a motor vehicle with an expired driver's license, in violation
of Section BG 6 101 of the Buffalo Grove Municipal Code or Section 6 -101 of the
Illinois Vehicle Code (625 ILCS 5/6 -101), if the period of expiration is greater than one
year; or
I Operation or use of a motor vehicle without ever having been issued a driver's
license or permit, in violation of Section BG -6 -101 of the Buffalo Grove Municipal Code
or Section 6 -101 of the Illinois Vehicle Code (625 ILCS 5/6 -101), or operating a motor
vehicle without ever having been issued a driver's license or permit due to a person's
sage; or
J 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 6 -303 or 11 -501 of the Illinois Vehicle Code (720 ILCS 5/ 6 -101, 6 -303,
or 11 -501; or
K Operation or use of a motor vehicle in the commission of, or in the attempt to
commit an offense in violation of Article 16 or 16A of the Illinois Criminal Code of
1961 or the Illinois Criminal Code of 2012 (720 ILCS 5/16 or 16A); or
L Operation or use of a motor vehicle in the commission of or in the attempt to
commit M other misdemeanor or felony offense in violation of the Illinois Criminal
Code of 1961 or the Illinois Criminal Code of 2012 (720 ILCS 5/1 -1 et sea.)
10.20.030 APPLICABILITY:
A. This Chapter shall not apply to a vehicle used in any of the violations set forth in
Section 10 20 020 of this Chapter that was stolen at the time and the owner provides
verifiable proof that the vehicle was stolen at the time the vehicle was impounded.
B. This Chapter shall not replace or otherwise abrogate any existing state or federal
laws and the owner shall be subject to these penalties in addition to any penalties that
maybe assessed by a court.
10 20 040 ADMINISTRATIVE FEES: The registered owner of record of a
properly impounded vehicle or the agents(s) of said owner shall be liable to the Village
for an administrative fee of $500.00. Said administrative fee represents the administrative
and processing costs associated with the investigation arrest and detention of an
offender, or the removal impoundment storage and release of the vehicle. The
administrative fee is in addition to any towing and storage fees charged for the towing
and storage of the impounded vehicle.
A All administrative fees and towing and storage charges shall be imposed on the
registered owner of the motor vehicle or the agents of that owner.
B. The fees shall be in addition to:
1. any other penalties that may be assessed by a court of law for the ying
underl
violations; and
2. any towing or storage fees, or both chard by the towing coLupany.
C. The fees shall be collected by and paid to the Village.
D. The towing or storage fees, or both shall be collected by and paid to the person
firm, or entity that tows and stores the impounded vehicle. The towing, and
storage. fees shall be those approved by the Chief of Police for all towers
authorized to tow for the Village of Buffalo Police Department.
10.20.050: NOTICE:
A. Notice. Whenever a police officer has cause to believe that a motor vehicle is
subject to seizure and impoundment pursuant to this Chapter, the police officer shall
provide for the towing of the vehicle to a facility authorized by the Chief of Police.
Before or at the time the vehicle is towed, the police officer shall notify or make a
reasonable attempt to notify the owner, lessee or any _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
vehicle at the time of the alleged violation, and who is physically present at the scene, of
the alleged violation, seizure and impoundment of the vehicle and the vehicle owner's or
lessee's right to make a written request with twenty four (24) hours of the impoundment
for a preliminary probable cause hearing and participate in a final administrative hearing.
B. Release of Vehicle. Notwithstanding the provisions os subsection A. of this
Section, the arresting police officer may release the vehicle prior to towing if the vehicle
subject to seizure and impoundment was not owned by the person placed under arrest and
the registered owner or person legally authorized to possess the vehicle shall arrive at the
scene of the arrest prior to the actual removal or towing of the vehicle and the lawful
owner or person lawfully entitle to possession of the vehicle possesses a valid operator's
license, proof of ownership or registration, proof of liability insurance and would not, as
determined by the arresting_ police officer, indicate a lack of ability to operate the motor
vehicle in a safe manner, or who would otherwise, by operating the motor. vehicle, be in
violation of the Illinois Vehicle Code.
C. Impoundment Pending Hearing. The Village shall provide notice to the owner
or lessee that the motor vehicle shall remain impounded pending the completion of the
preliminary_ probable cause hearing unless the owner or lessee of the vehicle or a
lienholder posts with the Village a cash bond equal to, or pays by money order or
certified check, with the Village of Buffalo Grove Police Department the amount of the
administrative fee of $500.00 and pays for all towing and storage charges.
10.20.060 PRELIMINARY PROBABLE CAUSE HEARING:
A. Written Request. If the owner of record or lessee of a vehicle seized pursuant to
this Chapter desires to appeal the seizure, said owner or lessee must make a request for
hearing within twenty four (24 ) hours of the seizure. Said request shall be in writing and
filed with the Chief of Police or his designee who shall conduct such preliminary
probable cause hearing with fbM eight (48) hours after receipt of the request, excludin
Saturdays Sundays and holidays.
B. Rules of Evidence Relaxed. All interested persons shall be given a reasonable
opportunity to be heard at the preliminary probable cause 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.
C. When Probable Cause Exists If after the hearing the Chief of Police or his
designee determines there is probable cause to believe that the vehicle is subject to
seizure and impoundment pursuant to this Chapter, he shall order the continued
impoundment of the vehicle as provided in this Cha ter unless the owner or lessee of
the vehicle posts with the Village a cash bond in the amount of $500.00 and pays the
tower any applicable towing and storage fees.
D. Vehicle to be Returned When Probable Cause Nonexistent. If the Chief of Police
or his designee determines that there is no such prob able cause the vehicle shall be
returned without fine or fees.
10.20.070 FINAL ADMINISTRATIVE HEARING:
A. Notice Within ten (10) days after a motor vehicle has been seized and impounded
pursuant to this Chapter, the Village shall notify the owner of record, lessee, and any
lienholder of record by personal service or by first class mail to the interested par 's
address as registered with the Secrg of State of the date time and location of the
scheduled final administrative hearing that will be conducted pursuant to this Section.
The name and address of the person to whom a vehicle is registered as shown on the
records of the state in which the vehicle is reizistered shall be conclusive evidence of the
name and address of the owner of record of the vehicle unless the owner of record has
iven the Village actual written notice of a different name and/or address. The notice
shall state the Renalt and fees that ma 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 scheduled no later than forty-
five (45) days after the date of the mailing of the notice of hearing The hearing shall be
conducted and the case heard and decided by a hearing officer appointed by the Village
as provided in Chapter 2 62 "Village Administrative Hearing,, System " of the Villa e
Municipal Code Formal or technical rules of evidence shall not apply. The hearings shall
be recorded including electronic recording and the hearing officer shall be empowered
to administer oaths and to secure by subpoena both the attendance and testimony of
witnesses and the production of relevant books and papers Persons appearing at the
hearing may be represented by counsel at their expense All interested persons shall be
given a reasonable opportunity to be heard at the final administrative 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. At the conclusion of the hearing, the hearing officer shall
issue a written decision either sustaining or overruling the vehicle impoundment If after
the hearing, the hearing officer determines that the motor vehicle operated with the
knowledge or permission, express or implied of the owner, was used in connection with a
violation set forth in this Chapter, the hearing officer shall enter an order fording the
owner of record civilly liable to the Village for an administrative fee of $500.00 and
requiring the vehicle to continue to be impounded until the owner pays the administrative
penalty to the Village plus M gpplicable towing and storage fees. If the owner fails to
appear at the hearing, the hearing officer shall enter a default order in favor of the
Village, requiring the payment to the Village of an administrative fee in the amount of
$500.00. A copy of the default order shall be sent to the registered owner 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
that the vehicle was improperly seized and impounded pursuant to this Chapter, the
hearing officer shall order the immediate return of the owner's vehicle along, with any
previously paid cash bond and any additional fees. All final decisions of the hearing
officer shall be subject to review under the provisions of the Illinois Administrative
Review Law (735 ILCS 5/3 -101, et seq.).
C. Driving While Intoxicated; Standard of Evidence. A sworn report of a police
officer prepared in conformity with Section 11 -501.1 of the Illinois Vehicle Code, 625
ILCS 5/11 - 501.1, as amended, establishing_ that a person refused testing or has submitted
to a test that discloses a blood alcohol concentration of 0.08 or more, or any amount of a
drug, substance, or intoxicating compound in the person's breath, blood or urine resulting
from the unlawful use or consumption of cannabis listed in the Cannabis Control Act,
controlled substance listed in the Controlled Substances Act, or an intoxicating
compound listed in the Use of Intoxicating Compounds Act, shall constitute prima facie
evidence under this Chapter sufficient to establish a fmding of the vehicle owner's
liability under this Chapter. The presumption may be rebutted by clear and convincing
evidence.
10.20.080 ADMINISTRATIVE FEE AND COSTS:
A. Liability for Administrative Fee and Costs. If an administrative fee is imposed
pursuant to this Chapter, such fee shall constitute a debt due and owing the Village. If a
cash bond or other form of mongtary_payment acceptable to the Village has been posted
pursuant to this Chapter, such amount shall be applied to the total fee assessed at the
hearing. 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 Law, may be enforced in the same manner as a Judg,ment entered by a court of
competent jurisdiction. A vehicle shall continue to be impounded until:
1. 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
2. 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 thi -five 35) days
after the hearing officer issues a written decision, the vehicle shall be deemed unclaimed
and shall be disposed of in the manner provided for the disposition of unclaimed vehicles
under section 4 -208 of the Illinois Vehicle Code 625 ILCS 5/4 -208 as amended;
provided, however, where proceedings have been instituted under state or federal drug
asset forfeiture laws, the vehicle may not be disposed of by the Village except in a
manner consistent with the disposition of vehicles that is provided for in those
proceedings.
B. Vehicle Possession. Except as otherwise specifically provided by law, 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 /she agrees in writing; to refund the Village the
amount of the net proceeds of any foreclosure sale, less My amounts required to pay all
lienholders of record, not to exceed the administrative fee plus other applicable fees.
"business day" Fneans any day In whoeh the. effiee ef the Village GleFk
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Section 2. If any section, paragraph, clause or provision of this ordinance shall be held
invalid, the invalidity thereof shall not affect any other provision of this ordinance.
Section 3. This ordinance shall be in full force and effect as of December 1, 2013 and
from and after its passage, approval and publication. This ordinance may be published in
pamphlet form.
AYES: 6 - Berman Trilling, Sussman Terson Stein Ottenheimer
NAYES: 0 — None
ABSENT: 0 —None
PASSED: October 21 _)2013
APPROVED: October 21 , 2013
PUBLISHED: October 22 ,2013
ATTEST:
Vi lage Clerk
#99289
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