HomeMy Public PortalAboutOrdinance 2737VILLAGE OF PLAINFIELD
ORDINANCE NO. 2008 - 2737
AN ORDINANCE ENACTING CHAPTER 5, ARTICLE VIII OF THE
CODE OF ORDINANCES OF THE VILLAGE OF PLAINFIELD
An Ordinance Relating to Vehicle Impoundment
ADOPTED BY THE
PRESIDENT AND BOARD
OF TRUSTEES OF THE
VILLAGE OF PLAINFIELD
THIS 4T" DAY OF FEBRUARY 2008.
Published in pamphlet form by
the authority of the President
and Board of Trustees of the
Village of Plainfield, Will
County, Illinois, this Stn
day of February, 2008.
ORDINANCE NO. 2008 - 2737
AN ORDINANCE ENACTING CHAPTER 5, ARTICLE VIII OF THE
CODE OF ORDINANCES OF THE VILLAGE OF PLAINFIELD
An Ordinance Related to Vehicle Impoundment
WHEREAS, the Village of Plainfield ("Village"), Will County, Illinois, as a
home rule municipality in accordance with Article VII, Section 6(a) of the
Constitution of the State of Illinois of 1970, is enacting this Ordinance pursuant to
its home rule authority; and
WHEREAS, pursuant to the laws of the State of Illinois, the Village has the
authority to adapt ordinances regulating impoundment of motor vehicles operated
within the Village in violation of certain state laws or local ordinances; and
WHEREAS, regulation of the operation of motor vehicles in connection
with violations of certain state laws or local ordinances is a matter that affects the
safety and general welfare of the citizens of the Village; and
WHEREAS, the Village President and the Village Board of Trustees
("Village Board") have determined it is necessary and desirable to amend the
Village's Code of Ordinances (the "Code") to regulate vehicle impoundment in
connection such state law or local ordinance violations; and
WHEREAS, the Village President and the Village Board specifically find
that the passage of this Ordinance will promote the safety and welfare of the
citizens of the Village.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND
BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, WILL COUNTY,
ILLINOIS, as follows:
SECTION ONE. That the Preamble to this Ordinance and Exhibits are
adopted by this reference as if fully set forth herein.
SECTION TWO. That Chapter 5, Article VIII of the Village's Code of
Ordinances, entitled "Vehicle Impoundment", be and hereby is enacted as set
forth in Section Three below. The text enacting this Article of the Village's Code
of Ordinances with document markings is attached hereto as Exhibit "A".
Additions to the code are n rlin
SECTION THREE.
Sec.5-211. Authorization.
The Police Department of the Village is hereby authorized to direct and supervise
a program of vehicle impoundment pursuant to the provisions of this Chapter.
The Police Department, and any other duly authorized agent of the village, is
hereby authorized to seize and impound any vehicle eligible far impoundment
pursuant to this Chapter.
(Ord. 2008 - ; eff. -2008)
Sec. 5-212. Vehicle Impoundment.
(A) Violation: A motor vehicle, operated with the permission, express or implied,
of the owner of record, that is used in connection with the following violations,
shall be subject to impoundment by the village, and the owner of record of
said vehicle shall be liable to the village for an administrative fee in the
amount of Five Hundred Dollars ($500.00), in addition to any towing and
storage fees as hereinafter provided.
(1) Driving while driver's license, permit or privilege to operate a motor
vehicle is suspended or revoked pursuant to action of the Illinois Secretary
of State or equivalent action of an agency of a foreign jurisdiction, when the
basis of the suspension or revocation is failure to have liability insurance,
as described in 625 ILCS 5/7-601 or a similar provision of local ordinance.
(2) Driving while driver's license, permit or privilege to operate a motor
vehicle is suspended or revoked pursuant to action of the Illinois Secretary
of State or equivalent action of an agency of a foreign jurisdiction, when the
basis of the suspension or revocation is leaving the scene of a motor
vehicle accident involving personal injury or death, as described in 625
ILCS 5/11-401 or similar provision of local ordinance.
(3) Driving while driver's license, permit or privilege to operate a motor
vehicle is suspended or revoked pursuant to action of the Illinois Secretary
of State or equivalent action of an agency of a foreign jurisdiction, when the
basis of the suspension or revocation is driving under the influence of
alcohol, other drug or drugs, intoxicating compound or compounds or any
combination thereof, as described in 625 ILCS 5/11-501 or similar provision
of local ordinance.
(4) Operating a motor vehicle in violation of 625 ILCS 5/11-501 (driving
under the influence of alcohol, other drug(s), intoxicating compound(s) or
any combination thereof), as described in 625 ILCS 5/11-501 ar similar
provision of local ordinance.
(5) Operating a motor vehicle without having ever been issued a driver's
license or permit, or without currently possessing a valid driver's license,
permit or restricted driving permit, as described in 625 ILCS 5/6-101, or
similar provision of local ordinance, when also in violation of 625 ILCS 5/7-
601 or similar provision of local ordinance.
(6) Operating a motor vehicle in violation of 625 ILCS 5/11-204.1
(aggravated fleeing or attempting to elude a peace officer) or similar
provision of local ordinance.
(B) Applicability; Fees:
(1) This section shall not replace or otherwise abrogate any existing state or
federal laws or village ordinance pertaining to vehicle seizure and
impoundment, and these penalties shall be in addition to any penalties that
may be assessed by a court for any criminal charges.
(2) 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 (24) hours after the theft of the vehicle was discovered.
(3) Fees for towing and storage of a vehicle under this section shall not
exceed those approved by the Chief of Police for all towers authorized to tow
for the village's Police Department.
(C) Impoundment: Whenever a police officer has probable cause to believe a
vehicle is subject to impoundment pursuant to this section, the police officer
shall provide for the towing of the vehicle to a facility authorized by the village.
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 impoundment of the vehicle and of the owner's right to request a
preliminary vehicle impoundment hearing to be conducted under this article.
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 a form of payment acceptable to the
village in the amount of Five Hundred Dollars ($500.00) and pays all towing
and storage charges for the vehicle.
(D) Appeal; Preliminary Hearing: If the owner of record of a vehicle seized and
impounded pursuant to this section desires to appeal the impoundment, said
owner must make a request for a preliminary impoundment hearing within
forty eight (48) hours of the impoundment. Said request shall be in writing and
filed with the Chief of Police or his designee, who shall conduct such a
preliminary hearing within two (2) business days of receipt of the owner's
request for the hearing. For purposes of this article, "business days" shall
mean Monday through Friday, excluding holidays. 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 upon 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 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 an administrative fee in a form of payment acceptable to the village
in the amount of Five Hundred Dollars ($500.00), and pays all applicable
towing and storage fees. If the Chief or Police or his designee determines
there is no such probable cause, the vehicle will be released without penalty
or payment of other fees.
(E) Notification of Hearing: Within five (5) business days after a vehicle is
impounded pursuant to this section, the village 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 section. The owner shall
notify the Chief of Police or his designee, of a plea of not guilty at least two (2)
business days prior to the hearing. If a plea of guilty is entered, the case will
be disposed of at that time. If the owner pleads not guilty and had not notified
the Chief of Police or his designee of the intent to plead not guilty, a final
hearing may be scheduled and held. The Village Administrator shall appoint
a hearing officer to preside over the final hearing, which hearing officer must
be an attorney licensed to practice law in the State of Illinois far a minimum of
three (3) years and be in good standing with the Illinois Attorney Disciplinary
and Registration Committee. The hearing officer shall be empowered and is
hereby authorized and directed to:
(1) preside over the final hearing as the adjudicator;
(2) administer oaths;
(3) issue subpoenas to secure the attendance of witnesses and
production of relevant documentation;
(4) hear testimony and accept evidence that is relevant to the
basis of the impoundment or seizure;
(5) assess fines and penalties as established by this Code;
(6) make final determinations of violation liability; and
(7) provide for an accurate recordation of the final hearing.
All interested persons shall be given a reasonable opportunity to be heard at
the hearing. At any time prior to the hearing date, the hearing officer may, at
the request of either party, direct witnesses to appear and give testimony at
the 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
upon by reasonably prudent persons in the conduct of their affairs. In a
hearing on the propriety of impoundment of a vehicle any sworn or affirmed
report 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,
unless rebutted by clear and convincing evidence. If, after the hearing, the
hearing officer determines by a preponderance of evidence that the vehicle
was used in connection with a violation set forth in this article, the hearing
officer shall enter an order finding the owner of record of the vehicle civilly
liable to the village for an administrative penalty in the amount of Five
Hundred Dollars ($500.00) and requiring the vehicle to continue to be
impounded until the owner pays the administrative penalty to the village plus
fees to the tower for the towing and storage of the vehicle. If the owner of
record fails to appear at the hearing, the hearing officer shall enter a default
order in favor of the village. 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 without fees.
(F) Payment: If an administrative penalty is imposed pursuant to this section,
such penalty shall constitute a debt due and owing to the village. If a cash
bond has been posted pursuant to this section, the band shall be applied to
the penalty. If a vehicle has been impounded when such a penalty is
imposed, the village 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 the
penalty is paid to the village and any applicable towing and storage fees are
paid to the tower, in which case possession of the vehicle shall be given to
the person who is legally entitled to possess the vehicle or the vehicle is sold
or otherwise disposed of to satisfy a judgment to 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 against an owner of
retard 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 village,
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 under the Illinois Vehicle Code.
(G) Possession of Vehicle:
(1) 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 administrative penalty and fees
applicable under this article 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 village the amount of the
net proceeds of any foreclosure sale, less any amounts required to pay all
lien holders of record, not to exceed the administrative penalty, plus the
applicable fees.
(2) For purposes of this section, the "owner of record" of a vehicle is the
record title holder as registered with the Illinois secretary of state or applicable
agency for a foreign jurisdiction.
(ord. 200$ - ; eff. -2008)
Secs. 5-213-- 5-223 Reserved.
"State law references: 625 ILCS 5/6-303; 625 ILCS 5/~-601; 625 ILCS 5/11-501; 625 ILCS 5/6-
101; 625 I LCS 5/11-204.1; 625 I LCS 5/11-401
SECTION FOUR. That any Village Ordinance or Resolution, or part
thereof, in conflict with the provisions of this Ordinance is, to the extent of such
conflict, expressly repealed.
SECTION FIVE. If any provision of this Ordinance is held invalid by a
court of competent jurisdiction, such provision shall be stricken and shall not
affect any other provision of this Ordinance.
SECTION SIX. This Ordinance shall be in full force and effect after its
passage, approval, and publication in pamphlet form as provided by law.
SECTION SEVEN. This Ordinance shall be numbered as Ordinance No.
2737.
PASSED the 4t" day of February, 2008.
AYES: Racich, Vaupel, Dement, Fay, Lamb, Manning
NAYS: None
ABSENT: None
APPROVED this 5t" day of February, 2008.
` _ mes A. Waldorf
_ Village President
~_ ~ .~
_~ ~4TT TED ANfl FILED IN MY OFFICE:
Michelle Gibas
Village Clerk
EXHIBIT A
Sec.5-211. Authorization
T li D n f h
Vi I
i h r ut
it t o
roaram of ehicle impoun dm ent o ursuant_to the provisi ons of t _is Chante r.
The Police Department. and an oth
v er duly authori zed aa ent of th~.vill
a_ ~'
hereby authorized to seize a n _
impo und any vehicl e eliaib _
l~fgr~mgoundme nt
r hi h r.
2 - ff.
~ec^ 5-212. Vehicle Impou
(A) Vi lation: A motor vehicl
n~l
e.
~~
opera
.
ted with the p
r .fissi
n. ex~r
r imo
ed.
f th wn r r in i ___
n with th vi I ti n
h l l t i m m nt i n th r f r r f
i v h II li I t th f r n r iv f in t
m nt iv Hun r I r in it' n twin
oraae fees as here~na-f#
Drivina while drive
1 ~r_
r's crpvid
licen ed.
s .Hermit or g
riviLeste
to oneratg a m~
_
vehicle i$ s soended o
r r _.
yoke
d oursua t to
action
Of the Illinois Secr
etary
f r nt ti n n fri n'ri n h nth
i f th p i n r v i n' it r t h ili in r
in L 7- 1 r imi r vi i n f I r in n
(2) Drivina while .drive r's licen se. Hermit or p rivileae to og~~te~mot or
vhil ~ n r vk ntt h Illini
or equivalent acti on. of an aaencv of a foreia n j~ari~diction. wh en the
' fth p i n rr i ni I v' n f r
v hi I nt inv Iv ' r n l i~ r th in 2
L 11- i t imil
(3) Dri ina while drive
r's r vi
licen i n f I r
se. Hermit or g in n
rivil~ae
to oneratP=a mot
or
,~usgended o
ve icle is r
r evoke d pursuant to action of th,Q lllin is Secr etary
.
State or equivalent. _
acti on of an aencv of a foreia n iurisdictiq~ hv~.~. en the
i n~ n r r v i rivin infl n
cohol. other_drua or ru
d a_s. in toxicatina com pound mnounds or
or cQ any
in tin r f _ ri in 2 I 1- _
1 r i r vi i n
Qf local ordinance.
r m t r v
in vi I ti
IL
11- 1 rivin
n r t i fl n I h l r int i m n
n i nth r in 2 IL 1- 1 r im'
,provision of local_Qr__din a-n. ~
r 'n m t hi I with t y r n i '
li ense or permit. or without Curren Iv possessina a valid driver's license.
~~rmit or restricted__drivina permit. as desc~bed in 625 ILLS 5/6-101. or
i it r r i f l I r' wh n l i n f 2 IL -
F~iQr r rvii n I rinn
(61 Operating a motor vehicle in violation Qf 625 ILLS 5/11-204.1
~aaravated fleeina or attemptina to elude a peac~Qffir~r) or similar
rv'~ fl I r'
B A i it F
(11 This section shall not replace or otherwise abroaate ~ny_.~xist'na state or
f rll rvill r~ n rti vhil izr
'mpoundment. and t_h__e_se pe~a_Ite~~h~ll be in addition to env penalties that
may be assessed b court for env criminal charges.
2 tin I I i vhil v'I inw
h t tim n h th f r rt t r ri t h riti
ihintwn r24 h ftrth t h vhil i yr
F rtwi r vhil n i n hll
x th if fPli f II w r thr' w
f r v'I I P D
(Cl Impoundment:_ Whenever rt
a_p
olice officer ha
s probable c
.,se to belie
~s
ve ~
hi I i ~ t im m nt r hi ti _
n li ffi r
shall prov ide for the towina of the vehicle to a facilitvauth orized by the
Bfr r th tim v hil i h li f' hllntif
person ide ntif ina himself a s wn~r pf th e v hicle or anK~erso w ho is
f in r l f th i t t th ti h II d vi f h
f t of the impoundm
nt b y hi f h wn r' h r ~a ~st as
preliminar _
y vehicle impoun dme nt hea-ring to be rpnducte d under this _ ~rticles
' vehi cle hall ~be imaou de d pending the ompletion o„the hearin
f gs
provided f or in the following su bsecti ns. unl ess the o
wn er_of the vehi cle
posts with the villaae a cas h b and in a fo _
of payment a cceptable to the
villaae in t he amount of Fiv e H undred Dollar s ($500.001 and pay~_ III t. ono J~.
and store a char s for the v~ hi_ IMP.
D A I• r limin r in If th wn r f r r v hi I iz
impounded pursuant to this section desires to appeal_the im~g. undm~nt. said
_
owner must make a reauest
mina
fora greli
rv imnQunc~ment he
aring, within
i ht 4 r f th m m ~. r t h l wri in n
fil i h f P li hi i n h II n
limin in within 2 in f r i wn r'
frt rinF r f it in hll
mean Mo nday throuah Frid ay. excludina holiday s. All interQsf ed ge r_sons
shall be a iven a reasonabl e op ortunity to be he ard at the nre limina rv_v_ehiol~
impound ment hearina. The _ rm I r~Iq~Qf evi e nc e will not a goly at
hearina a
I nd hearsay evide
r li r nce shall be admissi
__
r nt ble
r only if it is the ~~
n -~
t f
If ft r rip th hi f f P li i i n
t r t li h th v hi t t im nt
r nt hi tin h II r r n in im o f th
v hicle a s provided in this section, unlq~S the cane r of the ve hicle H osts with
he villaa e.. n administrati a fee in a form... f oav me nt a o a ble to the villaae
in th f Fiv H D II r n li I
ina and storaae fees. If t i f qr Police o r hi s desian~e deter mines
r i p r I th v il l r l wi h t n l
g~p~yme
tifi ti nt of other fge
f H rip
i hip fiv in
d
r v hi I
impound ed .pursuant to thi s section. the villaae sha ll notify bv_ certifi ~~_mail_,
r t rn ~ i t r th r f r r h t ti n l ti
h rip twill n t r nt t thi i n. Th r h II
'f th f f P li hi i f I it t l 2
ri r t t rip I I f it i r th will
i f t i . If t can r l it n n t n tif'
h hi f P li i i f h in I n it fin I
h 'n m h I n h l h Vill i i tr t r I int
rip ffi r i y r th I h rip h rip r m t
n rn li r i I ca in t t f Illin r mini f
r r n i n in with Illin i Att Di i li
n i tr ti mmitte Th h rip i r h II m w r i
hereby uthorized an it ~ted totoi
(11 preside over the fi al hearina as the adiudicator~
(2) adminst~q~~
i n t r h t f witn
r fr I m n
(4) hear testimonv_and accent evidPn~e that. is relev~n_t_to the
i fth i mm~t r izr•
fin n Iti I' h
(6) make final rmin i f vi I tiQn_liability: and
7 f r n r t r r n f h fin rip .
All int r r n h II n l rt h r t
ring At anv time prior to the hearina date. the hearin~_Qfficer mav. at
r t f r it t r n iv
the hearina. The formal r les of evidence will of aonl y at the hearin~
an
h r n h II i i l nl if it i _
mm nl r li
r n nt r n~ n f th it ff it
hearina on the proprie o dment of ~ vehicle
f imnoun anv sworn qr ffirm
r rt th ~ 1 i r r _ _
i rf rm n f --
r m nt ffi r'
2 ffi i n
imooundment shall be ad ri h n
missible evidence of the ve I in t t
hicle owner's_liability.
nl I nvin in v' If f r th h ri
h ffi r in n f vi n v hi I
w in n with vi I f h in thi rti I rip
ffi r h II r n r r fin h wn r f r hi I ivill
i le to the village for an
H n r D r
n n' h wn administrative nenalt~in the
irin th v hi
r mini tr tiv amount of Five
in
vill I
f t wrfrth w'n n tr h vhil.lfth
r i t h rip rip ffi r h l r f It
r r in f f th vill f h h rip fin h t n h i p
h h ri fi r h II r i m i t r t r wn r'
vehicle or cash band with
F P m f n mini . f ~.
iv n It i t
n t i n
nstit
uch nenaty shall co ute a debt due andowina to the vi_Il~c~, If a cash
_
n n t r nt t th' i h n h li t
he oenalty. l a vehicle h
im h vill m as een impounded w en s
k t tin m nt uch a pen It~is
nth of r
h' n in t v hi I I w. Ex r vi
h rwi tin hi I h II n' im n h
n l i i th vill n n li win n t r r
paid to the tower in which ca a possession of the ve hicle shall b. _aiven
h r i I II i t rh vhil '
r rwi i f ti m nt t of r r vi
Iaw~Jf th~acJmini trative nenalty an applicable fees are nQt paid within thirty[
(301 davs after an admini str five nenalty is imposed a gainst an Q~~
r wh I f ilin r t th h r' v hi I h II
n l im n II i fin h m nn r I w
or the disoosition of uncl
inistr~tive enalty an aimed vehicles. In all otherc
d aggli able fees are not pai ases. if the
d.. ithin thirtu~_ Ol davs
~ft~r the expiration of tim e at which ad inistrative review gf th~_ rip
ffi r' in ti n m ht r with' ft r i n
king a ministratiye revi w has been resolved in fa vor of the villaae~
- ----.. .
whi h v r' li I th hi I h II m
n l im II
i fin th m r vi f r h i iti I im
vehicles un er the Illinois V i I ~q~1~
. `
P i n i t
(11 Exceot as otherw_ ise specifically nrovided_bv law. no ownPrraien_holder. or
th r n h II I II ntitl t t i n f v'
im r thi ntil th m' iv n I n
applicable under this article have been paid. However. henever a= en rson
with li r r i n im n T' I h mm
f r I r in i n f th v II iv n t
r r h r 'n writin t r h vill th f h
n r n f r I I I n m it t II
li n h l f r r n th iv n It I
~p,~J.i~l~e~~..
F r r f hi ti wn r f v hi l i th
r r h l r r r with Itin i r t r li
n f frin r' in.
~ rd 20 8 - • eff_ -20~