Chapter 10.78
VEHICLE SEIZURE AND IMPOUNDMENT
Sections:
10.78.010 Use of motor vehicles for unlawful purposes.
10.78.030 Seizure and impoundment.
10.78.040 Preliminary hearing.
10.78.050 Administrative hearing.
10.78.060 Disposition of impounded vehicle.
10.78.090 Administrative charges for seized and impounded vehicles.
10.78.010 Use of motor vehicles for unlawful purposes.
A. Definitions. For purposes of this chapter:
“Business day” means any day in which the office of the village clerk of the village of Riverdale is open to the public a minimum of seven hours.
“Hearing officer” means the village administrator or his/her designee.
“Motor vehicle” means every vehicle which is self-propelled, including but not limited to automobiles, trucks, vans, motorcycles and motor scooters.
“Owner of record” means the record title holder(s) of the vehicle. (Ord. 2013-19 § 2, 2013; Ord. 2007-32 § 1, 2007)
10.78.020 Conduct prohibited.
A. 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 shall be liable to the village for an administrative penalty of up to five hundred dollars plus any applicable towing fees: the violation of the Criminal Code of 1961, 720 ILCS 5/9-1, 5/9-3.3, 5/11-6, 5/11-14, 5/11-15, 5/11-15.1, 5/11-16, 5/11-17, 5/11-18, 5/11-18.1, 5/11-19, 5/11-19.1, 5/11-19.2, 5/12-2, 5/12-3, 5/12.3.2, 5/12-4, 5/12-4.1, 5/12-4.2, 5/12-4.3, 5/12.4.4, 5/12-4.6, 5/12-4.7, 5/12-6, 5/12-7.1, 5/12-7.3, 5/12-7.4, 5/12-11, 5/12-11.1, 5/12-13, 5/12-14, 5/12-15, 5/12-16, 5/12-16.2, 5/18-1, 5/18-2, 5/18-3, 5/18-4, 5/18-5, 5/19-1, 5/19-2, 5/19-3, 5/19-4, 5/19-5, 5/20-1, 5/20-1.1, 5/21-1, 5/21-2, 5/21-3, 5/21-4, 5/21-5, 5/21-6, 5/24-1, 5/24-1.2, 5/24-1.2-5, 5/24-1.5, 5/24-1.6, 5/24-2.1, 5/24-3.1, 5/24-3.3, 5/24-3.4, 5/24-3.5, 5/26-5, 5/33A-2, 150/5.1, or in violation of 720 ILCS 550/4, 550/5, 550/5.1, 550/5.2, 550/8 of the Cannabis Control Act or in violation of 720 ILCS 570/401, 570/401.1, 570/402 and 570/404 of the Controlled Substance Act (or similar provision of local ordinance) or in violation of 625 ILCS 5/11-501, 5/6-303, 5/6-101, 5/11-204, 5/11-204.1, 5/11-401A, 5/11-503c, 5/11-504 of the Vehicle Code or in violation of Chapter 10.77 RMC, shall be subject to seizure and impoundment.
B. Exception.
1. Violation of 625 ILCS where the suspension is due to a vehicle emissions suspension and said suspension has not been imposed for more than one year at the time of the stop.
2. Violation of 625 ILCS where the driver’s license has not been expired for more than six months at the time of the stop. (Ord. 2013-19 § 2, 2013; Ord. 2007-32 § 1, 2007)
10.78.030 Seizure and impoundment.
A. 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 twenty-four hours after the theft was discovered or reasonably should have been discovered.
B. 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 a preliminary vehicle impoundment hearing to be conducted under this section. Said vehicle shall be impounded pending the completion of the hearings provided for in the following subsections, unless the owner of the vehicle posts with the village a cash bond in the amount of five hundred dollars and pays the towing and storage charges. (Ord. 2013-19 § 2, 2013; Ord. 2007-32 § 1, 2007)
10.78.040 Preliminary hearing.
A. If the owner of record of a vehicle seized pursuant to this section desires to appeal the seizure, said owner must make a request for said hearing within forty-eight hours of the seizure, where a preliminary hearing is properly requested, the hearing shall take place within twenty-four hours of the request. Said request shall be in writing and filed with the chief of police or his designee, who shall conduct such preliminary hearing at the time of the receipt of the written request. 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 on 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 seizure and impoundment pursuant to this section, he shall order the continued impoundment of the vehicle as provided in this section, unless the owner of the vehicle posts with the village a cash bond in the amount of five hundred dollars and pays the tower any applicable towing and storage fees.
B. If the chief of police or his designee determines that there is no such probable cause, the vehicle will be released without penalty or other fees. (Ord. 2013-19 § 2, 2013; Ord. 2007-32 § 1, 2007)
10.78.050 Administrative hearing.
Within five business days after a vehicle is seized and impounded pursuant to this section, the village shall notify in person or 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 business days after notice was mailed. The hearing date must be no more than thirty 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 penalties as set forth in RMC 10.78.090. 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. (Ord. 2013-19 § 2, 2013; Ord. 2007-32 § 1, 2007)
10.78.060 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:
A. The penalty as set forth in RMC 10.78.090 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;
B. A bond in the amount of the applicable penalty set forth in RMC 10.78.090 is posted with the village 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
C. 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. (Ord. 2013-19 § 2, 2013; Ord. 2007-32 § 1, 2007)
10.78.070 Posting of bond.
If a bond, as set forth in RMC 10.78.060(B), is posted with the village, 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 penalty is imposed for violation of this section, the amount of the penalty will be forfeited to the village and any amount remaining will be refunded; however, if a violation of this section is not proven by a preponderance of the evidence, such 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. (Ord. 2013-19 § 2, 2013; Ord. 2007-32 § 1, 2007)
10.78.080 Vehicle possession.
Any motor vehicle that is not reclaimed within thirty 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. (Ord. 2013-19 § 2, 2013; Ord. 2007-32 § 1, 2007)
10.78.090 Administrative charges for seized and impounded vehicles.
A. Whenever any vehicle is authorized to be seized and impounded as provided for under this chapter, the owner, lessor or entity entitled to lawful possession of said vehicle shall pay an administrative charge to the village in the amount of one hundred dollars per seizure and impoundment, in addition to any towing and storage fees. Notwithstanding the foregoing, the administrative fee set forth in this subsection A shall not apply to seizures and impoundments pursuant to subsection B of this section as well as Chapter 11.03 RMC.
B. Due to additional time, testing and paperwork involved, if a vehicle is seized and impounded because of an alcohol related arrest, misdemeanor arrest, felony arrest and/or an arrest because the driver’s driver license was suspended or revoked, the owner, lessor or entity entitled to lawful possession of the seized and impounded vehicle shall pay an administrative charge to the village in the amount of two hundred fifty dollars per seizure and impoundment. (Ord. 2013-19 § 2, 2013)