Chapter 9-52
IMPOUNDMENT OF VEHICLES

Sections:

9-52-010    Impoundment of vehicles.

9-52-010 Impoundment of vehicles.

A.    Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to Section 9-04-430, 9-04-490, 9-04-500, 9-04-510, 9-04-520, 9-04-530, 9-18-050, 9-44-010, 9-48-020, 9-53-020, 9-54-020, 10-48-065, 10-88-010, 10-88-060, 10-88-070, 10-88-080, 10-88-090, 10-88-100, 10-88-110, 10-88-120, 10-88-130, 10-88-140, 10-88-150, 10-88-160 or 10-88-170 of this code, the police officer shall provide for the towing of the vehicle to a facility authorized by the city or its agents. Before or at the time the vehicle is towed, 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, of the fact of the seizure, of the administrative penalty in the amount of five hundred dollars ($500.00), or one thousand dollars ($1,000.00) in the case of a commercial motor vehicle, and towing and storage fees, and of the vehicle owner’s right to request a vehicle impoundment hearing to be conducted under this section.

B.    For purposes of this section, a vehicle is not considered to have been used in a violation that would render the vehicle eligible for towing and it shall be a defense at an impoundment hearing: (1) 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 (24) hours after the theft was discovered or reasonably should have been discovered; or (2) if the vehicle is operating as a common carrier and the violation occurs without the knowledge of the person in control of the vehicle; or (3) if the alleged owner provides adequate proof that the vehicle had been sold or donated to another person prior to the violation.

C.    The owner of record of a vehicle seized pursuant to this section shall have the right to make a request of the police department in writing within fifteen (15) days after the seizure for a preliminary vehicle impoundment hearing. A towing adjudicator, appointed by the mayor or the chief of the police department, shall conduct the vehicle impoundment hearing within forty-eight (48) hours after the request, excluding Saturdays, Sundays and legal holidays, unless the police department determines that it must retain custody of the vehicle pending an investigation or under applicable state or federal forfeiture law. All interested persons shall be given a reasonable opportunity to be heard at the vehicle impoundment hearing. The formal rules of evidence will not apply at the hearing, and hearsay evidence shall be admissible. If, after the hearing, the towing adjudicator determines that there is probable cause to believe that the vehicle is subject to seizure and impoundment for a violation of this code, the towing adjudicator shall order the continued impoundment of the vehicle as provided in this section unless the owner of the vehicle pays to the city the amount of the administrative penalty, plus fees for towing and storage and any other fees deemed applicable. If the towing adjudicator determines that there is no such probable cause, then the vehicle shall be returned without penalty or other fees.

D.    Within ten (10) days after a vehicle is seized and impounded pursuant to this section, the city shall notify by certified mail, return receipt requested, the owner of record and any lienholder of record of the owner’s right to request a hearing before an administrative hearing officer on the seizure and impoundment of the vehicle. The notice shall state the penalties which may be imposed if no hearing is requested and penalty and fees assessed remain unpaid, include the city’s right to sell such vehicle and apply all proceeds from the sale thereof to the payment of all penalties and fees due and owing. The owner of record seeking a hearing must file a written request for a hearing with the city police department no later than fifteen (15) days after the date the notice was mailed. The hearing date must be no later than thirty (30) days, excluding Saturdays, Sundays and legal holidays, after a request for a hearing has been filed. The hearing shall be conducted by a hearing officer appointed by the mayor. All interested persons shall be given reasonable opportunity to be heard at the hearing. The formal rules of evidence will not apply at the hearing, and hearsay evidence shall be admissible. The hearing officer shall be empowered to administer oaths and to secure by subpoena the attendance and testimony of witnesses. If, after the hearing, the hearing officer determines by a preponderance of evidence that the vehicle was used in the violation, the hearing officer shall enter an order finding the owner of record of the vehicle civilly liable to the city for the amount of the administrative penalty, plus towing and storage fees, and any other applicable fees. If, after a hearing, the administrative hearing officer does not determine by a preponderance of the evidence that the vehicle was used in such a violation, the administrative hearing officer shall enter an order finding for the owner and for the return of the vehicle or previously paid penalty and fees.

E.    In a hearing on the propriety of impoundment under this section, any sworn or affirmed report, including a report prepared in compliance with Section 11-501.1 of the Illinois Vehicle Code, that (1) is prepared in the performance of a law enforcement officer’s duties and (2) sufficiently describes the circumstances leading to the impoundment, shall be admissible evidence of the vehicle owner’s liability under this section of this code, and shall support a finding of the vehicle owner’s liability, unless rebutted by clear and convincing evidence.

F.    Notwithstanding any other provision of this section, if the vehicle was seized and impounded pursuant an investigation, the vehicle shall not be returned unless and until permitted by the investigating division; and provided, that if the vehicle was seized and impounded pursuant to state and/or federal law, the vehicle shall not be returned unless and until the city receives notice from the appropriate state or, where applicable, federal officials that (1) forfeiture proceedings will not be instituted; or (2) forfeiture proceedings have concluded and there is a settlement or a court order providing that the vehicle shall be returned to the owner of record; and provided further, that if the vehicle continues to be held for one (1) of the aforementioned reasons, the owner of record shall not be liable for the continued accrual of storage fees starting from the date of a decision finding that the vehicle was not used in such a violation.

G.    As used in this section, “applicable fees” that must be paid before the return of a vehicle include, in cases where the vehicle is also subject to immobilization for unpaid final determinations of parking and/or compliance violations, the amounts due for all such outstanding violations.

H.    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 an administrative hearing officer shall enter a default order in favor of the city in the amount of the administrative penalty prescribed for the violation, plus towing and storage fees. However, if the owner: (1) redeemed the vehicle by payment of the appropriate penalty and fees, and (2) was notified of the owner’s right to request a hearing, and (3) failed to timely request a hearing, then the payment shall be deemed an acknowledgment of liability and no adjudication shall be required; provided, that nothing in this subsection shall prohibit the owner from redeeming the vehicle by paying the appropriate penalty and fees prior to the expiration of the time allowed to request a hearing.

I.    If an administrative penalty is imposed pursuant to this section, such penalty and any applicable fees shall constitute a debt due and owing to the city. If a vehicle has been impounded when such a penalty is imposed, the city may seek to obtain a judgment on the debt and enforce such judgment against the vehicle as provided by law. Except as provided otherwise in this section, a vehicle shall continue to be impounded until: (1) the penalty paid to the city and any applicable towing and storage fees are paid, 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 thirty (30) days after an administrative penalty is imposed under subsection D 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 by law for the disposition of unclaimed vehicles. In all other cases, if the administrative penalty and applicable fees are not paid within thirty (30) days after the expiration of time at which administrative review of the hearing officer’s determination may be sought, or within thirty (30) days after an action seeking administrative review has been resolved in favor of the city, whichever is applicable, the vehicle shall be deemed unclaimed and shall be disposed of in the manner provided by law for the dispositions of unclaimed vehicles under Section 4-208 of the Illinois Vehicle Code (625 ILCS 5/4-208).

J.    Except as otherwise specifically provided by law, no owner, lienholder 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 section 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 he or she agrees in writing to refund to the city the amount of the net proceeds of any foreclosure sale, less any amounts required to pay all lienholders of record, not to exceed five hundred dollars ($500.00) plus the applicable fees.

K.    Notwithstanding any provision of this section to the contrary, a lessor (except where the lessee holds title to the vehicle) asserting his right to possession of a vehicle impounded pursuant to this section may obtain immediate release of such vehicle by paying the applicable towing and storage fees and agreeing in writing to refund to the city the net proceeds of any sale, less any amounts necessary to pay all lienholders of record, up to the total amount of the administrative penalty, and submitting a copy or other satisfactory evidence of the vehicle lease or rental agreement, indicating the lessee’s name, address and driver’s license number. The city shall refund the towing and storage fees to such lessor if the city recovers such fees from the lessee or if the lessee is determined not to be liable for such fees.

No person who is the lessor of a vehicle pursuant to a written vehicle lease or rental agreement shall be liable for administrative penalty involving such vehicle during the period of the lease or rental agreement, if the lessor provides to the city, either prior to or within thirty (30) days of the receipt of a notice of impoundment, a copy or other evidence of the vehicle lease or rental agreement, indicating the name, address, and driver’s license number of the lessee. If such penalty, fine or fee has already been imposed on the lessor, it shall be abated by the city upon receipt of such copy or other evidence within the time frame provided herein.

L.    For purposes of this section, the “owner of record” of a vehicle is the record title holder. For purposes of this section and the sections of the code enumerated in subsection A of this section, “owner of record” also includes the lessee of the vehicle.

M.    Where a motor vehicle is used in violation of more than one (1) subsection of this section, nothing in the code shall prohibit the issuance of more than one (1) administrative penalty in the amount of five hundred dollars ($500.00), or one thousand dollars ($1,000.00) in the case of a commercial motor vehicle, on a single owner of record or vehicle impounded pursuant to this section.

N.    This section does not apply to impoundments of vehicles that are deemed unattended or subject to certain parking violations and are impounded pursuant to Chapter 10-76 of this code, Impounding and Relocation of Vehicles. (Ord. 3485 § 3, 2024; Ord. 3482 § 3, 2024; Ord. 3421 § 10, 2021; Ord. 3084 § 4, 2001)