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HomeMy WebLinkAboutOrdinance #4487 - Revising Title 6, Chapter 23 of the Canton Municipal Code Regarding Seizure and Impoundment of Vehicles STATE OF ILLINOIS). SS. COUNTY OF FULTON) CERTIFICATE 1, Andi Smith-Walters, certify that I am-the duly elected City Clerk of the CITY OF CANTON, FULTON COUNTY, ILLINOIS. I further certify that on July 15, 2025. the City Council of such municipality passed and approved Ordinance #4487 entitled: AN ORDINANCE REVISING TITLE 6, CHAPTER 23 OF THE CANTON MUNICIPAL CODE REGARDING SEIZURE AND IMPOUNDMENT OF VEHICLES The ordinance attached is a true and correct copy of the ordinance adopted by Canton City Council. DATED AT CANTON, ILLINOIS, THIS 15th DAY OF JULY, 2025 Seal ndi;Smith-Walters, City Clerk City of Canton, Illinois ORDINANCE NO. 4487 AN ORDINANCE REVISING TITLE 6,CHAPTER 23 OF THE CANTON MUNICIPAL CODE REGARDING SEIZURE AND IMPOUNDMENT OF VEHICLES WHEREAS, the City of Canton, Fulton County, Illinois (the "City") is an Illinois non- home rule municipal corporation, established in accordance with the constitution of the State of Illinois of 1970; WHEREAS, Title 6, Chapter of the Canton Municipal Code (the "Code") sets forth provisions for the seizure and impoundment of motor vehicles; WHEREAS,pursuant to 625 ILCS 5/11-208.7,the City may, consistent with that statute, provide by ordinance procedures for the release of properly impounded vehicles and for the imposition of a reasonable administrative fee related to its administrative and processing costs associated with the investigation, arrest, and detention of an offender, or the removal, impoundment, storage, and release of the vehicle; WHEREAS,the corporate authorities of the City have determined that it is necessary and in the best interest of the City to revise and update Title 6, Chapter 23 of the Canton Municipal Code. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON,FULTON COUNTY,ILLINOIS AS FOLLOWS: Section 1. The City hereby finds as fact the recitals set forth above and incorporates said recitals herein as though fully set forth. Section 2. Section 6-23-1 of the Canton Municipal Code is hereby amended in its entirety to state as follows: 6-23-1.VEHICLES SUBJECT TO SEIZURE AND IMPOUNDMENT: A motor vehicle used in the commission of any of the following violations or offenses may be seized and impounded by the City of Canton and may also be assessed administrative fees in addition to towing and storage fees for the motor vehicle: (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 Criminal Code of 2012; or (B)driving under the influence of alcohol,another drug or drugs,an intoxicating compound or compounds,or any combination thereof,in violation of Section 11-501 of the Illinois Vehicle Code; 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 Cannabis Control Act; or 1 (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; 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 Criminal Code of 1961 or the Criminal Code of 2012; or (F) driving while a driver's license, permit, or privilege to operate a motor vehicle is suspended or revoked pursuant to Section 6-303 of the Illinois Vehicle Code; 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 Cannabis Control Act or the Illinois Controlled Substances Act; or (H)operation or use of a motor vehicle with an expired driver's license, in violation of Section 6-101 of the Illinois Vehicle Code, if the period of expiration is greater than one year; or (1) operation or use of a motor vehicle without ever having been issued a driver's license or permit, in violation of Section 6-101 of the Illinois Vehicle Code, or operating 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; 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 Criminal Code of 1961 or the Criminal Code of 2012; 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 Criminal Code of 1961 or the Criminal Code of 2012,when so provided by local ordinance; or (M) operation or use of a motor vehicle in violation of Section 11-503 of the Illinois Vehicle Code: a. while the vehicle is part of a funeral procession; or b. in a manner that interferes with a funeral procession. 2 Section 3. Subsection 6-23-3(D)of the Canton Municipal Code is amended in its entirety to state as follows: (D)The administrative fees imposed by this Chapter shall be waived upon verifiable proof that the vehicle was stolen or hijacked at the time the vehicle was impounded. Section 4. Section 6-23-4 of the Canton Municipal Code is amended in its entirety to state as follows: 6-23-4: PROCEDURE FOR SEIZURE AND IMPOUNDMENT OF VEHICLES: Whenever a City police officer has probable cause to believe that the driver of a motor vehicle has committed an eligible offense as enumerate in Section 6-23-1 of the Chapter, the officer may provide for the towing or transportation of the motor vehicle to a towing/impound facility authorized by the City of Canton. Section 5. Section 6-23-5 of the Canton Municipal Code is amended in its entirety to state as follows: 6-23-5: NOTICE AND OPPORTUNITY FOR HEARING: (A) At the time the vehicle is towed,the City shall notify or make a reasonable attempt to notify the owner,lessee, agent or agents,or 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 offense, of the following: 1. The fact the seizure occurred; 2. the vehicle owner's or the lessee's right to an administrative hearing; and 3. that the seized motor vehicle will remain impounded pending the completion of an administrative hearing, unless the owner or lessee of the vehicle, or a lienholder,posts with the City a bond equal to the administrative fee as set forth in this Chapter and pays all towing and storage charges. (B) The registered owner or lessee of the vehicle and any lienholder of record shall also be provided with a written notice of administrative hearing. The notice shall: 1. Be served upon the owner, lessee, and any lienholder of record either by personal service or by first class mail to the interested party's address as registered with the secretary of state; 2. Be served upon such interested party within ten (10) days after impoundment of a vehicle by the City; and 3 3. Contain a date, time and location of the administrative hearing. An initial hearing shall be scheduled and convened no later than forty-five (45) days after the date of the mailing of the notice of hearing. (C) All administrative hearings conducted pursuant to this Chapter shall be conducted by a hearing officer who is an attorney licensed to practice law in the State of Illinois for a minimum of three (3) years. At the conclusion of the administrative hearing, the hearing officer shall issue a written decision either sustaining or overruling the vehicle impoundment. 1. The hearing officer shall consider as a defense to the vehicle impoundment that the motor vehicle was stolen or hijacked at the time the vehicle was impounded; to demonstrate that the motor vehicle was hijacked or stolen at the time the vehicle was impounded, the owner or the agents of the owner or a lessee must submit proof that a report concerning the motor vehicle was filed with a law enforcement agency in a timely manner. 2. If the basis for the vehicle impoundment is sustained by the administrative hearing officer,any administrative fee posted to secure the release of the vehicle as set forth herein shall be forfeited to the City. 3. Unless the administrative hearing officer overturns the basis for the vehicle impoundment, no vehicle shall be released to the owner, lessee, or lienholder of record until all administrative fees and towing and storage charges are paid. 4. If the administrative hearing officer finds that the City's impoundment of the motor vehicle exceeded its authority under this Illinois Vehicle Code, the City shall be liable to the registered owner or lessee of the vehicle for the cost of storage fees and reasonable attorney's fees; and 5. Notwithstanding any other provision of law to the contrary,if the administrative hearing officer finds that the City impounded a motor vehicle that was stolen or hijacked at the time the vehicle was impounded, the City shall refund any administrative fees already paid by the registered owner or lessee of the vehicle. (D) Vehicles not retrieved from the towing facility or storage facility within thirty five(35) days after the administrative hearing officer issues a written decision shall be deemed abandoned and may be disposed of in accordance with the provisions of Article II of Chapter 4 of the Illinois Vehicle Code, or as elsewhere provided for in the Illinois Vehicle Code. (E) Unless stayed by a court of competent jurisdiction, any fine, penalty or fee imposed under this Chapter which remains unpaid in whole or in part after the expiration of the 4 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. Section 6. That all ordinances or parts thereof in conflict with this Ordinance are hereby expressly repealed. Section 7. If any part or parts of this Ordinance shall be held to be unconstitutional or otherwise invalid, such unconstitutionality or invalidity shall not affect the validity of the remaining provisions of this Ordinance. Section 8. That this Ordinance shall be in full force and effect from and after its passage and approval as provided by law. PASSED THIS 15th day of July, 2025. AYES: Alderpersons Chamberlin,Nelson,Lovell, Hale, PickeI,Ketcham, Gossett NAYS:None ABSENT: Alderperson Grimm APPROVED THIS 15th day of July, 2025. Kent A. McDoNwfl,Mayor ATT 7T: drea J. Smit -Walters, City Clerk 5