§ 54-173. Offenses subject to motor vehicle seizure and impoundment.

Any motor vehicle operated or used by an offender on any public highway or roadway within the village during the commission of, or in furtherance of, any of the following criminal offenses shall be subject to seizure and impoundment by the village:

(1)

Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense for which a motor vehicle may be seized and forfeited pursuant to 720 ILCS 5/36-1;

(2)

Driving under the influence of alcohol, another drug or drugs, an intoxicating compound or compounds, or any combination thereof, in violation of 625 ILCS 5/11-501;

(3)

Operation or use of a motor vehicle in the commission of, or in the attempt to commit, a felony or in violation of the Cannabis Control Act, 720 ILCS 550/1 et seq.;

(4)

Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of the Controlled Substances Act, 720 ILCS 570/100 et seq.;

(5)

Operation or use of a motor vehicle in the commission of, or in the attempt to commit, the unlawful use of a weapon as prohibited by 720 ILCS 5/24-1, the reckless discharge of a firearm as prohibited by 720 ILCS 24-1.5, or the unlawful possession of firearms and firearm ammunition as prohibited by 720 ILCS 24-3.1;

(6)

Driving while a driver's license, permit, or privilege to operate a motor vehicle is suspended or revoked as prohibited by 625 ILCS 5/6-303; except that vehicles shall not be subjected to seizure or impoundment if the suspension is for an unpaid citation (parking or moving) or due to failure to comply with emission testing;

(7)

Operation or use of a motor vehicle while soliciting, possessing, or attempting to solicit or possess cannabis or a controlled substance, as defined by the Cannabis Control Act, 720 ILCS 550/1 et seq., or the Illinois Controlled Substances Act, 720 ILCS 570/100 et seq.;

(8)

Operation or use of a motor vehicle with an expired driver's license, in violation of 625 ILCS 5/6-101, if the period of expiration is greater than one year;

(9)

Operation or use of a motor vehicle without ever having been issued a driver's license or permit, in violation of 625 ILCS 5/6-101, or operating a motor vehicle without ever having been issued a driver's license or permit due to a person's age;

(10)

Operation or use of a motor vehicle by a person against whom a warrant has been issued by a circuit clerk in the state for failing to answer charges that the driver violated 625 ILCS 5/6-101, 625 ILCS 5/6-303, or 625 ILCS 5/11-501;

(11)

Operation or use of a motor vehicle in the commission of, or in the attempt to commit theft and related offenses in violation of 720 ILCS 5/16-1 et seq., or retail theft in violation of 720 ILCS 5/16-25 et seq.; or

(12)

Operation or use of a motor vehicle in the commission of, or in the attempt to commit prostitution in violation of 720 ILCS 5/11-14, advancing prostitution in violation of 720 ILCS 5/11-14.3(a)(1), patronizing a prostitute in violation of 720 ILCS 5/11-18, or patronizing a juvenile prostitute in violation of 720 ILCS 5/11-18.1.

(Ord. No. 2011-42, § 2(18-311), 8-8-2011)

State law reference

Seizure of vehicles, 720 ILCS 5/36-1; driving under the influence, 625 ILCS 5/11-501; Controlled Substances Act, 720 ILCS 570/100 et seq.; Cannabis Control Act, 720 ILCS 550/1 et seq.; unlawful use of weapons, 720 ILCS 5/24-1; reckless discharge of a firearm, 720 ILCS 24-1.5; unlawful possession of firearms and firearm ammunition, 720 ILCS 24-3.1; driving while license, permit, or privilege to operate a motor vehicle is suspended or revoked, 625 ILCS 5/6-303; drivers required to have licenses and permits, 625 ILCS 5/6-101; operation or use of motor vehicle in commission of or attempt to commit theft and related offenses, 720 ILCS 5/16-1 et seq.; retail theft, 720 ILCS 5/16-25 et seq.; prostitution, 720 ILCS 5/11-14; promoting prostitution, 720 ILCS 5/11-14.3; patronizing prostitutes, 720 ILCS 5/11-18; patronizing juvenile prostitutes, 720 ILCS 5/11-18.1.