§ 54-177. Notice; towing and impoundment; release of vehicle.

(a)

Whenever a police officer has probable cause to believe that a motor vehicle is subject to seizure and impoundment pursuant to this subdivision and the police officer has arrested the offender for any of the criminal offenses set forth in section 54-173, the police officer shall provide for the towing of the motor vehicle to a facility authorized by the village.

(b)

Prior to or at the time the motor vehicle is towed, the police officer shall notify or make a reasonable attempt to notify the registered owner, lessee, or person identifying himself as the owner or lessee of the motor vehicle or any persons identifying himself as the registered owner of the motor vehicle, or any person who is found to be in physical control of the motor vehicle at the time of the alleged criminal offense:

(1)

Of the fact of the seizure and of the motor vehicle registered owner's or lessee's right to request a preliminary motor vehicle impoundment hearing to be conducted in accordance with section 54-178(a) and a hearing pursuant to section 54-178(b); and

(2)

That the motor vehicle shall be impounded pending the completion of the hearings provided for in sections 54-178(a) or 54-178(b), unless the owner of the motor vehicle or a person on his behalf posts with the village a cash bond in the amount of $500.00 and pays any and all towing and storage charges.

(c)

Notwithstanding the provisions of subsection (a) of this section, the arresting police officer may, prior to towing the motor vehicle, release the motor vehicle if the offender was not the registered owner of the motor vehicle and the registered owner or some other person legally authorized to possess the motor vehicle arrives at the scene of the arrest prior to the actual removal or towing of the motor vehicle and the registered owner or person lawfully entitled to possession of the motor vehicle possesses a valid operator's license, proof of ownership or registration, proof of liability insurance and would not, as determined by the arresting police officer, indicate a lack of ability to operate the motor vehicle in a safe manner, or who would otherwise, by operating the motor vehicle, not be in violation of state law.

(d)

If the registered owner of the motor vehicle subject seizure and impoundment is the offender, the arresting officer may, prior to the actual removal or towing of the motor vehicle, release the motor vehicle to another person present with the written consent of the registered owner, provided that such other person possesses a valid operator's license, proof of liability insurance and would not, as determined by the arresting police officer, indicate a lack of ability to operate the motor vehicle in a safe manner or who would otherwise, by operating the motor vehicle, not be in violation of the Illinois Vehicle Code.

(Ord. No. 2011-42, § 2(18-315), 8-8-2011)