HomeMy WebLinkAboutORDINANCES-2019-147-O-1910/30/2019
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AN ORDINANCE
Amending Title 10, Chapter 6 of the City Code to Add an Administrative
Penalty Under Certain Circumstances Involving a Vehicle Seizure and
Impoundment
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: Title 10, Chapter 6, of the Evanston City Code of 2012, as
amended, is hereby further amended to re -title the chapter as follows:
CHAPTER 6 —TOWING AND IMPOUNDMENT OF VEHICLES
SECTION 2: City Code subsection 10-6-1, "Definitio, ", of the Evanston
City Code of 2012, as amended, is hereby further amended as follows:
10-6-1. — Definitions.
ABANDONED VEHICLE.
A vehicle parked or otherwise located on
the public way; and
(A) In such a state of disrepair that it is
incapable of being driven; or
(B)That has been unmoved for a
period of seven (7) days; or
(C) Has been left on the public way
without valid State registration
plates or a valid temporary State
registration placard for two (2) or
more days.
ACCIDENT INVOLVED VEHICLES.
A vehicle which is inoperable due to an
accident and which is located so as to
constitute an obstruction to the normal flow
of traffic.
DERELICT MOTOR VEHICLE.
A vehicle which lacks wheels, motor,
transmission, battery or any other
component part such that it is inoperable
and constitutes a hazard to the public.
HAZARDOUS VEHICLE.
A vehicle on any public way which by its
condition or location constitutes a clear
and present danger to the safety of the
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HEARING OFFICER.
LESSEE.
LIENHOLDER OF RECORD.
NONMOTORIZED
OBSTRUCTION VEHICLE.
OWNER OF RECORD.
POLICE IMMOBILIZED
VEHICLE (WHEEL LOCK).
RESERVED RESIDENTIAL
WHEELCHAIR BOUND SPACE
OBSTRUCTION VEHICLE
SNOW EMERGENCY OBSTRUCTION
VEHICLE.
STREET CLEANING OBSTRUCTION
VEHICLE.
STREET OR SEWER MAINTENANCE
OBSTRUCTION VEHICLE.
TOW AWAY ZONE OBSTRUCTION
VEHICLE.
TREE CUTTING OBSTRUCTION
VEHICLE.
public or an obstruction to the normal flow
of traffic. This shall also include vehicles
obstruction fire hydrants.
A licensed attorney who meets the
qualifications set forth in section 11-1-8 of
this Code.
A person operating a motor vehicle
pursuant to a lease or any other written
document vesting exclusive possession,
use, control, and responsibility of the
motor vehicle during the specified time
period.
A person holding a security interest in a
vehicle.
A vehicle without motive power in
operation, other than a pole trailer,
designed for carrying persons or property
and for being drawn by a motor vehicle
and so constructed that no part of its
weight rests upon the towing vehicle and
located on a public way at a time or in
such a manner as to be in violation of
Section 10-4-3 of this Title.
The registered or legal owner or person
who is otherwise entitled to possession of
the motor vehicle.
A vehicle located on a public way which
has been rendered immobile by the Police
Department.
A vehicle located on a public way at a time
or in such a manner as to be in violation of
Subsection 10-4-11(B) of this Title.
A vehicle located on a public way in such a
manner as to be in violation of Section 10-
4-13 of this Title.
A vehicle located on a public way at a time
or in such a manner as to be in violation of
Subsection 10-4-1(C)2. of this Title.
A vehicle located on a public way at a time
or in such a manner as to be in violation of
Subsection 10-4-1(C)2. of this Title.
A vehicle located on a public way at a time
or in such a manner as to be in violation of
Subsection 10-4-1(C)2. of this Title.
A vehicle located on a public way at a time
or in such a manner as to be in violation of
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VEHICLE PARKED ON PUBLIC AND/OR
PRIVATE PROPERTY WITHOUT
CONSENT.
Subsection 10-4-1(C)2. of this Title.
(A) A vehicle parked in a public parking
lot or in a private parking lot without
the consent of the lot owner,
proprietor or agent of the property,
which person has requested that, at
the expense of the vehicle owner,
the vehicle be towed; or
(B) A vehicle located on private
property when the property owner,
proprietor or agent is unknown, and
the vehicle owner cannot be
determined or contacted.
SECTION 3: Title 10, Chapter 6, of the Evanston City Code of 2012, as
amended, is amended to add a new subsection with the following text:
10-6-15. - VECHICLE SEIZURE
A. Police officers shall have the right to seize and impound a motor vehicle,
operated, used, or in the physical control of any person with the permission,
express or implied, of the owner of record, on any public street within the City
that is used in the commission or furtherance of violation of the following
offenses, including any subsequent amendments to such provisions:
1. Operation or use of a motor vehicle by a person against whom a warrant
has been issued by a Circuit Court Clerk in Illinois for failing to answer
charges that the driver violated section 6-101 (No Valid Driver's License),
625 ILCS 5/6/101, 6-303 (Suspended or Revoked License), 625 ILCS 5/6-
303, or 11-501 (Driving Under the Influence), 625 ILCS 5/11-501, of the
Illinois Vehicle Code;
2. Operation of a motor vehicle when registration is cancelled, suspended, or
revoked in violation of section 3-702 (registration cancelled, suspended, or
revoked), 625 ILCS ILCS 5/3-702 of the Illinois Vehicle Code or section 3-
708 (registration suspended for noninsurance), 625 ILCS 5/3-708, of the
Illinois Vehicle Code, or when registration of a vehicle found upon a
highway has been suspended, cancelled, or revoked in violation of section
11-1302(c)(4), 625 ILCS 5/11-1302(c)(4), of the Illinois Vehicle Code;
3. Operation or use of a motor vehicle with an expired driver's license or
permit, in violation of section 6-101 (Drivers Must Have Licenses or
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Permits), 625 ILCS 5/6-101, of the Illinois Vehicle Code if the driver's
license or permit has been expired for more than one year;
4. Operation or use of a motor vehicle without ever having been issued a
driver's license or permit or operating a motor vehicle without ever having
been issued a driver's license or permit due to a person's age, in violation
of 6-101 (Drivers Must Have Licenses or Permits), 625 ILCS 5/6-101, of
the Illinois Vehicle Code;
5. Driving while a driver's license, permit, or privilege to operate a motor
vehicle is suspended or revoked pursuant to section 6-303, 625 ILCS 5/6-
202, of the Illinois Vehicle Code except that vehicles shall not be
subjected to seizure or impoundment if the suspension is for unpaid
citations (parking or moving), failure to comply with emission testing, or
failure to pay child support;
6. Operation of a motor vehicle while fleeing or attempting to elude a peace
officer, in violation of section 11-204 (Fleeing A Peace Officer), 625 ILCS
5/11-204, of the Illinois Vehicle Code or section 11-204.1 (Aggravated
fleeing a Peace Officer), 625 ILCS 5/11-204.1, of the Illinois Vehicle Code;
7.- Operation or use of a motor vehicle resulting in the personal injury or
death of a person in violation of section 11-401, 625 ILCS 5/11-401, of the
Illinois Vehicle Code;
8. Operation or use of a motor vehicle resulting in damage to a vehicle which
is driven or attended by any person in violation of section 11-402, 625
ILCS 5/11-402, of the Illinois Vehicle Code;
9. Operation or use of a motor vehicle resulting in the personal injury or
death of a person or damage to a vehicle which is driven or attended by
any person and failure to give information or render aid in violation of
section 11-403, 625 ILCS 5/11-403, of the Illinois Vehicle Code;
10. Operation or use of a motor vehicle involved in an accident with any
unattended vehicle or other property, resulting in damage, and failure to
provide appropriate information in violation of section 11-404, 625 ILCS
5/11-404, of the Illinois Vehicle Code;
11. Driving under the influence of alcohol, another drug or drugs, an
intoxicating compound or compounds, or any combination thereof, in
violation of section 11-501 (Driving Under the Influence), 625 ILCS 5/11-
501, of the Illinois Vehicle Code;
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12. Operation or use of a motor vehicle in a reckless manner in violation of
section 11-503 (Reckless Driving), 625 ILCS 5/11-503, of the Illinois
Vehicle Code;
13. Operation of a motor vehicle while street racing in violation of section 11-
506 (Street Racing), 625 ILCS 5/11-506, of the Illinois Vehicle Code;
14. Operation of an uninsured motor vehicle and the operator of the vehicle
has a prior conviction for operation of an uninsured motor vehicle in the
past twelve (12) months in violation of section 4-203(i), 625 ILCS 5/4-
203(i), of the Illinois Vehicle Code;
15. Operation or use of a motor vehicle in the commission of, or in the attempt
to commit an offense in violation of sections 11-14 (Prostitution), 11-14.1
(Solicitation of Sexual Act), 11-14.3 (Promoting Prostitution), 11-14.4
(Promoting Juvenile Prostitution), 11-18 (Patronizing a Prostitute), 11-18.1
(Patronizing a Juvenile Prostitute), 11-26 (Traveling to Meet a Minor), 12-2
(Aggravated Assault), 12-3.05 (Aggravated Battery), 16-25 (Felony Retail
Theft), 18-1 (Robbery/Aggravated Robbery), 18-2 (Armed Robbery), 18-3
(Vehicular Hijacking), 18-4 (Aggravated Vehicular Hijacking), 18-6
(Vehicular Invasion), 20-1 (Arson), 20-1.1 (Aggravated Arson), 20-2
(Possession of explosives or incendiary devices), 21-1 (Criminal Damage
to Property), 21-1.01 (Criminal Damage to Government Supported
Property), 21-1.2 (Institutional Vandalism), 21-1.3 (Criminal Defacement of
Property), 24-1 (Unlawful Use of a Weapon), 24-1.1 (Unlawful Use or
Possession of Weapons by Felons/People in the Custody of the
Department of Corrections), 24-1.6 (Aggravated Unlawful Use of a
Weapon), 24-1.7 (Armed Habitual Criminal), 24-1.8 (Unlawful Possession
of a Firearm by a Street Gang Member), 24-1.2 (Aggravated Discharge of
a Firearm), 24-1.2-5 (Aggravated Discharge of a Machine Gun or a
Firearm Equipped with a Silencing Device), 24-1.5 (Reckless Discharge of
a Firearm), 24-3.1 (Unlawful Possession of Firearms and/or Firearm
Ammunition), 24-3.3 (Unlawful Sale or Delivery of Firearms on School
Premises), 21-3 (Criminal Trespass to Real Property), or 21-5 (Criminal
Trespass to State Supported Land) of the Illinois Criminal Code;
16. Operation or use of a motor vehicle in the commission of, or in the attempt
to commit an offense in violation of the Illinois Cannabis Control Act, 720
ILCS 550/1 et seq., or the Illinois Controlled Substances Act, 720 ILCS
570/100 et seq.;
17. The use of a motor vehicle as part of the commission of a felony not
otherwise expressly listed herein shall be subject to seizure and
impoundment under this section; and
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18. Operation or use of a motor vehicle in the commission of, or in an attempt
to commit any violation set forth in section 11-208.7.(Administrative Fees),
625 ILCS 5/11-208.7, of the Illinois Vehicle Code and/or any misdemeanor
or felony offense in section 36-1 (Seizure), 720 ILCS 5/36-1 of the Illinois
Criminal Code which may not be otherwise referenced herein or may be
subsequently added via amendment.
B. The owner of record of a vehicle that has been seized and impounded pursuant
to this section shall be liable to the City for an administrative penalty of two
hundred fifty dollars ($250.00) plus towing and storage fees. The administrative
penalty of two hundred fifty dollars ($250.00) shall be paid to the City of
Evanston. Towing and/or storage fees shall be collected by and paid to the
person, firm, or entity that tows and stores the impounded vehicle.
C. 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 by a City -contracted towing company. When
the vehicle is towed, the police officer shall notify, or make a reasonable attempt
to notify, the owner of record, lessee, or person identifying himself or herself as
the owner of record or lessee of the vehicle, or 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 of record's or lessee's right to
request an administrative hearing to be conducted under this section. Said
vehicle shall be impounded pending the completion of the hearing provided for in
subsection D of this section, unless the owner of record or lessee of the vehicle
posts with the City a cash bond in the amount of two hundred fifty dollars
($250.00) plus towing and storage fees.
D. Within ten (10) days after a vehicle is seized and impounded pursuant to this
section, the City shall notify, by mailing a notice via first class mail or certified
mail, return receipt requested, to the owner of record or lessee and any
lienholder of record of the date, mailing of the written notice to address of the
owner of record, lessee and any lienholder of record, as contained in registration
records of the Illinois Secretary of State. The administrative hearing shall be
conducted no later than forty-five (45) days after the vehicle was seized pursuant
to the applicable procedures set forth in Title 11 of this Code. All interested
persons shall be given a 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.
At the conclusion of the hearing, the Hearing Officer shall issue a written decision
either sustaining or overruling the seizure and impoundment of the vehicle. If,
after the hearing, the Hearing Officer determines by a preponderance of
evidence that the vehicle, operated with the permission, express or implied, 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
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to be impounded until the owner of record, -lessee, or lienholder of record pays
the administrative penalty of two hundred fifty dollars ($250.00) plus payment of
towing and storage fees. If an administrative penalty is imposed pursuant to this
section, such penalty shall constitute a debt due and owing to the City. If a cash
bond was posted, the bond shall be forfeited to the City. If the Hearing Officer
overturns the basis for the impoundment of the vehicle, he or she shall order the
return of the vehicle and any cash bond that may have been posted.
E. Unless the Hearing Officer overturns the basis for the vehicle impoundment, no
vehicle shall be released to the owner, lessee, or lienholder of record until all
penalties and fines and towing and storage charges are paid.
F. Pursuant to chapter 4, article II of the Illinois Vehicle Code, entitled "Abandoned,
Lost, Stolen, or Unclaimed Vehicles, 625 ILCS 5/4-201 et seq.," which is adopted
and incorporated herein, any motor vehicle that is not reclaimed within thirty-five
(35) days after the entry of a final order following a hearing under this section
shall be deemed abandoned and may be disposed of as an unclaimed vehicle as
provided by law.
G. This section shall not replace or otherwise abrogate any existing State or Federal
laws or local ordinances pertaining to vehicle seizure and impoundment.
H. The statutory provisions of the Illinois Administrative Review Act ("Review Act"),
735 ILCS 5/3-101 et seq., and section 11-208.7 of the Illinois Vehicle Code, 625
ILCS 5/11-208.7, are hereby adopted and incorporated into this section. The
Review Act shall apply to the review of all final decisions issues by the
Administrative Hearing Officer in administrative proceedings under this section.
Unless stayed by a court of competent jurisdiction, any fine or penalty, imposed
under this section which remains unpaid in whole or in part after the expiration of
the deadline for seeking judicial review under the Review Act may be enforced in
the same manner as any judgment entered by a court of competent jurisdiction.
SECTION 4: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 5: The findings in this Ordinance, and the legislative Record, are
declared to be prima facie evidence of the law of the City of Evanston, and shall be
received in evidence as provided by the Illinois Compiled Statutes and the courts of the
State of Illinois.
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SECTION 6: If any provision of this ordinance or application thereof to
any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this ordinance that can be given effect
without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable.
SECTION 7: Ordinance 147-0-19 shall be in full force and effect after its
passage and approval.
Introduced: I We-nber 13 , 2019 Approved:
Adopted: , Jc4er�ber 9'5 , 2019 /�f�� `` , 2019
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Cle�ph�'en Hage ,
Attest:
DTI-vvi i R61J, Sity-G4eFk-
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Approved as to form:
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Michelle L. Masoncup, Corporation
Counsel