HomeMy WebLinkAboutOrdinance # 3008 ORDINANCE NO 3008
AN ORDINANCE CREATING CHAPTER 23 (SEIZURE AND IMPOUNDMENT OF
VEHICLES) OF SECTION 6(POLICE REGULATIONS) OF THE CANTON
MUNICIPAL CODE
WHEREAS, as of January 1, 2012, the Illinois Vehicle Code expressly authorized
municipalities to adopt[pt ordinances imposing impound fees in accordance with 625 ILCS 5/11-
208.7; and
WHEREAS, the statute requires the local ordinance identify the bases for which the City
can tow and impound a vehicle, procedure for the impoundment and release of vehicles, as well
as the opportunity for an administrative hearing; and
WHEREAS, the Legal and Ordinance Committee heard the testimony of the Police
Chief of the deterrent benefit of this type of ordinance; and
WHEREAS, the Legal and Ordinance Committee determined that it was necessary and
in the best interests of the citizens of Canton to create Chapter 23 (Seizure and Impoundment of
Vehicles) of Section 6(Police Regulations) of the Canton Municipal Code; and
WHEREAS, the City Council has made a similar determination.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CANTON, Fulton County, Illinois, as follows:
SECTION 1: That the foregoing recitals are herein incorporated by reference.
SECTION 2: Chapter 23 (Seizure and Impoundment of Vehicles) of Section 6(Police
Regulations) of the Canton Municipal Code is hereby created to read as follows:
CHAPTER 23
SEIZURE AND IMPOUNDMENT OF VEHICLES
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:
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 1961; or
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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
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; ar
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 2403.1 of the Criminal
Code of 1961; 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
I. 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 waxrant 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; ar
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
L. Operation or use of a motor vehicle in the commission of, or in the attempt to
commit, any other felony offense in violation of the Criminal Code of 1961.
6-23-2: General Regulations:
A. This chapter shall not replace or otherwise abrogate any existing state or federal laws
or City ordinances.
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B. Fees for towing and storage of a vehicle under this chapter shall be those approved by
the Chief of Police and shall be uniform for all similarly situated vehicles.
6-23-3: Administrative Fee for Towed and Impounded Vehicles:
The following shall apply to any fees imposed for administrative and processing
costs pursuant to Section 6-23-1:
A. The registered owner or the agent or agents of the owner shall be liable to the City
for an administrative fee of five hundred dollars ($500.00). The fee shall be in
addition to any other penalties that may be assessed by a court of law for the
underlying violations and any towing and/or storage fees charged by the towing
company.
B. The administrative fee shall be collected by and paid to the City.
C. The towing or storage fees, or both, shall be collected by and paid to the person,
firm, or entity that tows and stores the vehicle impounded under this chapter.
D. The administrative fee provided for in this Section shall be waived by the City upon
submission of verifiable proof that the vehicle was stolen at the time that the vehicle
was impounded.
6-23-4: Procedure for Seizure and Impoundment of Vehicles:
Whenever a City police officer reasonably believes that the driver of a motor vehicle has
committed an eligible offense as enumerated in Section 6-23-1 of this Chapter, the
officer may provide for the towing of the motor vehicle to a towing/impound facility
authorized by the City of Canton.
6-23-5: Notice and Opportunity for Hearing:
A. Within forty-eight (48) hours after a vehicle is towed/impounded, pursuant to the
provisions of this Chapter, 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 and of the vehicle owner's or the lessee's right
to an administrative hearing.
2. The notice shall also provide 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 lien holder of record shall also
be provided with a written notice of administrative hearing. The notice shall:
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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. 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. 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.
2. 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.
3. 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 2 of Chapter 4 of the Illinois Vehicle Code, or as
elsewhere provided for in this Code.
4. 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 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.
6-23-6: Release of Vehicle:
Motor vehicles seized and impounded under this Chapter shall remain impounded until:
A. All costs associated with the towing and storage of the motor vehicle are
paid; and
B. The registered owner, lessee, or lienholder of the vehicle remits the
administrative fee to the City of Canton Police Department. The City of
Canton Police Department shall have the right to hold the vehicle until the
costs associated with towing, storage, and the administrative fee have been
paid in full or until the motor vehicle is released as a result of the
administrative review process, or as otherwise provided in this Chapter.
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6-23-7: Administrative Review:
All final decisions of the administrative hearing officer shall be subject to review under
the Administrative Review Act pursuant to 735 ILCS 5/3-101 et. seq.
SECTION 3: All ordinances or portions thereof in conflict with this ordinance are hereby
repealed.
SECTION 4: Should any provision of this Ordinance be declared invalid by a court of
competent jurisdiction, the remaining provisions will remain in full force and effect the same as
if the invalid provision had not been a part of this Ordinance.
SECTION FIVE: This Ordinance shall be in full force and effect as of Mav 1, 2013, after its
approval, passage and publication in pamphlet form as provided by law.
PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting
this 5 day of February, 2013 upon a roll call vote as follows:
AYES: Aldermen Pickel, Hartford, Schenck, Pasley, West, Fritz, Ellis, Nelson
NAYS: None
ABSENT: None
APPROV D:
4 ~ ~
;
Kevin R. Me de, Mayor
ATT T:
Diana Pavley, City C rk
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