2009-34 AMENDING CITY CODE - CHAPTER 34 - TRAFFIC

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(p) When any vehicle is used in the commission of the offense of driving under the influence of alcohol, drugs and/or intoxicating substances as defined in Section 5/11-501 of the Illinois Vehicle Code, 625 ILCS 5/11-501. (q) When any vehicle is used in the commission of the offense of driving on a suspended or revoked license as defined in Section 5/6-303 of the Illinois Vehicle Code, 625 ILCS 5/6-303. (r) When any vehicle is issued in the commission of the offense of fleeing or attempting to elude a police officer as defined in Section 5/11-204 or 11/204.1 of the Illinois Vehicle Code, 625 ILCS 5/11-204 and 204.1. (s) When any vehicle is used in the commission of the offense of reckless driving and aggravated reckless driving as defined in Section 5/11-503 of the Illinois Vehicle Code, 625 ILCS 5/11-503. (t) When any vehicle is used in the commission of the offense of drag racing as defined in Section 5/11-504 of the Illinois Vehicle Code, 625 ILCS 5/11-504. Section 2. That subsections (i), (ii), (v), (vi) and (vii) of Section 38 (B) of Chapter 34 of the City Code of the City of Decatur be, and the same are hereby, amended and modified so that said subsections (i), (ii), (v), (vi) and (vii) of Section 38 (B) shall provide as follows: B. The provisions of this subsection shall be applicable to vehicles removed pursuant to Sections 37 (k) and Sections 37(m) through 37 (t) inclusive of this Chapter: (i) The owner of record of a motor vehicle used in the violation of Section 10 of Chapter 73 or Sections 37(m) through 37(t) inclusive of this Chapter of the City Code shall be subject to having said vehicle impounded and shall also be liable to the City for an administrative fine of Two Hundred Fifty Dollars ($250.00), in addition to the payment of any fees for the towing and storage of the vehicle to the appropriate City towing contractor. (ii) Whenever a police officer has reasonable suspicion to believe that a vehicle is subject to seizure and impoundment pursuant to Section 37(k) and Sections 37(m) through 37(t) inclusive of this Chapter, the police officer shall provide for the towing of the vehicle to a facility controlled by the City or its contractor. When the vehicle is towed, the police officer shall notify the person who is found to be in control of the vehicle at the time of the alleged violation and the owner of said vehicle, if present at the time, of the fact of the seizure and the vehicle's owner's right to post a cash bond as indicated in subjection (iii) hereof to retrieve possession of the vehicle pending a hearing to be held by a hearing