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ORDINANCE REGARDING CHAPTER 58, ARTICLE V, SECTION 164 REGARDING MOTOR VEHICLES, SEIZURE AND IMPOUNDMENT

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Date Introduced: 2/6/2007
Date Passed:

Sponsors:
Suffredin
Co-Sponsors:

Summary:

Ordinance to establish vehicle impoundment procedures and fines in unincorporated Cook County.


Activity Log:

2/6/2007
Referred to Committee on Finance.
2/9/2007
Sec. 58-164(b) amended to read:

The owner of record of any motor vehicle which vehicle is used during the commission of any of that violates any of the qualified violations as set forth in Section 58-165 shall be liable to the County for an administrative penalty of $500.00 plus any towing and storage fees applicable under this division. Any such vehicle shall be subject to seizure and impoundment pursuant to this division. This subseciton shall not apply if

and in Sec. 158-165, Qualified Violations for Impoundment, the following text was deleted:

720 ILCS 551/1 Curfew
720 ILCS 551/2 Curfew

2/9/2007
Approved as amended by Committee on Finance.

Full Text of Legislation:

BE IT ORDAINED, by the Cook County Board of Commissioners that Chapter 58, Article V, Section 164 is hereby enacted as follows:

 

 

Sec. 58-164. Motor Vehicles, Seizure and Impoundment.

 

(a)   Definitions.  The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: 

 

Owner of record of a vehicle  means the record title holder. 

 

(b)   Owner liability; exceptions.  The owner of record of any motor vehicle which vehicle is used during the commission any of that violates any of the qualified violations as set forth in Section 58-165 shall be liable to the County for an administrative penalty of $500.00 plus any towing and storage fees applicable under this division. Any such vehicle shall be subject to seizure and impoundment pursuant to this division. This subsection shall not apply if: 

(1)   The vehicle used in the violation was stolen at the time and the theft was reported to the appropriate police authorities within 24 hours after the theft was discovered or reasonably should have been discovered; or

(2)   The vehicle is operating as a common carrier and the violation occurs without the knowledge of the person in control of the vehicle; or

 

(c)   Seizure and impoundment.  Whenever the sheriff or his agent has probable cause to believe that a vehicle is subject to a seizure and impoundment pursuant to this division, the sheriff shall provide for the towing of the vehicle to a facility controlled by the County or its agents. Before or at the time the vehicle is towed, the Sheriff shall notify any person identifying himself/herself 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 of the fact of the seizure and of the alleged violation and of the vehicle owner's right to request a vehicle impoundment hearing to be conducted under this section.    The sheriff may issue rules and regulations related to this Section for enforcement notification procedures and proper forms necessary for administration of this Section.

 

(d)   Vehicle impoundment hearing.  Whenever the owner of record of a vehicle seized pursuant to this division makes a request in person and in writing for a vehicle impoundment hearing within 12 hours after the seizure, a hearing officer of the County shall conduct the vehicle impoundment hearing within 24 hours after the seizure excluding Sundays and legal holidays. All interested persons shall be given a reasonable opportunity to be heard at the vehicle impoundment hearing. The formal and technical rules of evidence shall not apply in the conduct of the hearing. Evidence, including hearsay, may be admitted only if it is a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. If, after the hearing, the hearing officer determines that there is probable cause to believe that the vehicle is subject to seizure and impoundment under Subsection (a), the hearing officer shall order the continued impoundment of the vehicle as provided in this division unless the owner of the vehicle posts with the County a cash bond in the amount of $500.00 plus any applicable towing and storage fees. 

 

(e)   Notification of impoundment; hearing scheduled; failure of owner to appear; determination; penalty.  Within ten days after a vehicle is seized and impounded pursuant to this division, the County shall notify by certified mail, return receipt requested, the owner of record of the date, time and location of a hearing that will be conducted pursuant to this division. The hearing shall be scheduled and held, unless continued by order of the hearing officer, no later than 30 days after the vehicle was seized. The hearing shall be conducted by a hearing officer of the County. All 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 evidence that the vehicle violated this Section and that none of the exceptions described in Subsections (b)(1)--(b)(2) of this section applies, the hearing officer shall enter an order finding the owner of record of the vehicle civilly liable to the County for an administrative penalty in the amount of $500.00. If the owner of record fails to appear at the hearing, the hearing officer shall enter a default order in favor of the County requiring the payment to the County of an administrative penalty in the amount of $500.00. If the hearing officer finds that no such violation occurred, the hearing officer shall order the immediate return of the owner's vehicle or cash bond. 

 

(f)   Administrative penalty constitutes debt owing to County.  If an administrative penalty is imposed pursuant to this division, such penalty shall constitute a debt due and owing to the County. If a cash bond has been posted pursuant to this division, the bond shall be applied to the penalty. If a vehicle has been impounded when such a penalty is imposed, the County may seek to obtain judgment against the vehicle or enforce such judgment against the vehicle as provided by law. Except as provided otherwise in this division, a vehicle shall continue to be impounded until: 

(1)   The penalty, plus any applicable towing and storage fees, is paid to the County, 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 or enforce a lien as provided by law. If the administrative penalty and applicable fees are not paid within 30 days after an administrative penalty is imposed under Subsection (e) of this section against an owner of record who defaults by failing to appear at the hearing, the vehicle shall be deemed unclaimed and shall be disposed of in the manner provided for by law for the disposition of unclaimed vehicles. In all other cases, if the administrative penalty and applicable fees are not paid within 30 days after the expiration of time at which administrative review of the hearing officer's determination may be sought, or within 30 days after an action seeking administrative review has been resolved in favor of the County, whichever is applicable, the vehicle shall be deemed unclaimed and shall be disposed of in the manner provided by law for the disposition of unclaimed vehicles.

Except as otherwise specifically provided by law, no owner, lien holder or other person shall be legally entitled to take possession of a vehicle impounded under this section until the civil penalty and fees applicable under this division have been paid. 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 the person agrees in writing to refund to the County the amount of the net proceeds of any foreclosure sale, less any amounts required to pay all lien holders of record, up to $500.00 plus the applicable fees.

 

Sec. 58-165. Qualified Violations for Impoundment.

 

Vehicles may be impounded as set forth in Section 58-164 for the following offenses as described under the Illinois Criminal Code of 1961 (720 ILCS 5/2-8):

 

720 ILCS 5/11-14       Prostitution

720 ILCS 5/11-15       Soliciting for a prostitute

720 ILCS 5/11-15.1    Soliciting for a juvenile prostitute

720 ILCS 5/11-16       Pandering

720 ILCS 5/11-18       Patronizing a prostitute

720 ILCS 5/11-18.1    Patronizing a juvenile prostitute

720 ILCS 5/11-19       Pimping

720 ILCS 5/11-19.1    Juvenile Pimping

720 ILCS 5/11-19.2    Exploitation of a child

720 ILCS 5/20-2         Possession of explosives or incendiary device

720 ILCS 550/4           Possession of cannabis

720 ILCS 550/5           Manufacture, delivery, possession-intent to deliver cannabis

720 ILCS 550/5.1        Cannabis trafficking

720 ILCS 550/5.2        Delivery of cannabis on school grounds

720 ILCS 550/8           Possession of cannabis sativa plant

720 ILCS 570              (Paragraphs 1401 through 1413) Controlled Substances Act

720 ILCS 600/3.5        Possession of drug paraphernalia

720 ILCS 551/1           Curfew

720 ILCS 555/2           Curfew

 

Vehicles may be impounded as set forth in Section 58-164 for the following offenses as described under the Illinois Vehicle Code:

625 ILCS 5/6-101       Operating a motor vehicle with no valid drivers license

                                    * does NOT include expired drivers license

 

625 ILCS 5/6-303(a)(1)          Operating a motor vehicle with a suspended drivers license

625 ILCS 5/6 -303(a)(2)         Operating a motor vehicle with a revoked drivers license

* Note: Mandatory tow under 625 ILCS 5/6-303(e) if driver suspended/revoked AND no insurance.

 

625 ILCS 5/11-501     D.U.I. alcohol, intoxicating compounds and/or other drugs

                                    * Note: Maximum 12 hour tow and hold under 625 ILCS 4-203(e)

 

625 ILCS 5/3-702       Operation when registration cancelled, suspended or revoked

625 ILCS 5/3-703       Operating with false, fraudulent, stolen or altered registration

625 ILCS 5/3-708       Operation while registration suspended for mandatory insurance

625 ILCS 5/3-710       Presenting or displaying a false, fraudulent insurance card

625 ILCS 5/5-502       Transportation or possession of open alcoholic liquor in a vehicle

 


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