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HomeMy WebLinkAboutOrd 4753 09/05/1995 ORDINANCE NO. 4753 AN ORDINANCE AMENDING ARTICLE XVIII OF CHAPTER 18 (TRAFFIC CODE) OF THE VILLAGE CODE OF MOUNT PROSPECT Passed and approved by the President and Board of Trustees the 5th day of September , 1995 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 5th day of September , 1995. BH/caf 7/27195 ORDINANCE NO. 4753 AN ORDINANCE AMENDING ARTICLE XVIII OF CHAPTER 18 (TRAFFIC CODE) OF THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, IN THE EXERCISE OF THEIR HOME RULE POWER: SECTION ONE: That Section 18.1813 entitled "Penalties" of Article XVlll of Chapter 18 (Traffic Code) of the Village Code of Mount Prospect, as amended, is hereby further amended by renumbedng said Section 18.1813 to Section 18.1814 and inserting the following as Section 18.1813; so that hereafter said Section 18.1813 shall be and read as follows: "Sec. 18-1813. Vehicle Seizure and Impoundment. A motor vehicle operated with the knowledge of the owner or lessee of record and that is used in the violation of the Criminal Code of 1961 (720 ILCS, pars. 9-1,9-2, 9-3.3, 11-6, 11-14, 11-15, 11-15-1, 11-16, 11-17, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-2, 12-3, 12-3.2, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-4.4, 12-4.6, 12-4.7, 12-6, 12- 7.1, 12-7.4, 12-13, 12-14, 12-15, 12-16, 12-16.1, 12-16.2, 12-16.3, 12-16.4, 12-16.5, 19-1, 19-2, 19-3, 19-4, 19-5, 20-1, 20-1.1, 20-2, 21-1, 21-2, 21-3, 21-4, 21-5, 21-6, 21-7, 24-1, 24-1.2, 24-2,1, 24-3.1, 24-3.3 or 33A-2) or in violation of paragraphs 704, 705, 705.1, 705.2, or 708 of the Cannabis Control Act (720 ILCS, pars. 704, 705, 705.1,705.2, or 708) or in violation of paragraphs 1401, 1401.1 or 1402 of the Controlled Substance Act (720 ILCS, pars. 1401, 1401.1 of 1402, or similar provision of local ordinance) shall be subject to seizure and impoundment. The owner of record of such vehicle shall be liable to the Village for an administrative fee of One Hundred Fifty Dollars ($150.00) in addition to fees for the towing and storage of the vehicle. Whenever a person is present within any motor vehicle of which the person is the owner, lessee, permittee, bailee, legal possessor or occupier at the time a violation occurs, it shall be prima facie evidence that a person had knowledge of the violation. A. Whenever a police officer has probable cause 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 controlled by the Village or its agents. When the vehicle is towed, the police officer shall notify the 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 hearing to be conducted under this Section. B. VVhenever the owner of a vehicle seized pursuant to this section requests a preliminary hearing within twelve (12) hours after the seizure, a hearing officer as appointed by the Chief of Police shall conduct such preliminary hearing within forty-eight (48) hours after the seizure. All interested persons shall be given a reasonable opportunity to be heard at the preliminary hearing. The formal rules of evidence will not apply at the hearing and hearsay evidence shall be admissible. If, after the hearing, the hearing officer determines that there is probable cause to believe that the vehicle, operated with the knowledge of the owner, was used in the commission of any crime set forth in this Section, the hearing officer 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 One Hundred Fifty Dollars ($150.00) plus fees for towing the vehicle. If the hearing officer determines that there is no such probable cause, the vehicle will be returned without penalty or other fees. C. Within ten (10) days after a vehicle is seized and impounded pursuant to this section, the Village shall notify by certified mail, return receipt requested, the owner and/or lessee of record of the date, time and location of a hearing that will be conducted pursuant to this section. The hearing shall be conducted no later than forty-five (45) days after the vehicle was seized. Ail interested persons shall be given a reasonable opportunity to be heard at the hearing. If, after the hearing, the hearing officer determines by a preponderance of the evidence that the vehicle, operated with the knowledge of the owner, was used in the commission of any of the violations set forth in this section, the hearing officer shall enter an order requiring the vehicle to continue to be impounded until the owner pays an administrative fee of One Hundred Fifty Dollars ($150.00) plus fees for towing and storage of the vehicle. The fees shall be a debt due and owing the Village. However, if a cash bond has been posted the bond shall be applied to the fees. If the hearing officer determines that the vehicle was not knowingly used in such violation, he or she shall order the return of the vehicle or cash bond. D. Any motor vehicle that is not reclaimed within thirty (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, may be disposed of as an unclaimed vehicle as provided by law. As used in this Section, the "owner of record" of a vehicle means the record title holder. E. Fees for towing and storage of a vehicle under this Section shall be the same as those established by administration of the Village. F. This Section shall not replace or otherwise abrogate any existing state or federal laws or local ordinances pertaining to vehicle seizure and impoundment including, but not limited to those set forth in Section 13.134 of this Village Code." SECTION TWO: All prior ordinances and resolutions in conflict or inconsistent herewith are hereby expressly repealed only to the extent of such conflict or inconsistency. SECTION THREE: This ordinance shall be in full force and effect upon its passage, approval and publication in the manner provided by law. AYES: Clowes, Corcoran, Hendricks, Hoefert, Skowron, Wilks NAYS: None ABSENT: None PASSED and APPROVED this 5th day of September, 1995. Carol A. Fields Village Clerk