Stephenson County adopts vehicle seizure, impound ordinance tied to Illinois statute

The Stephenson County Board voted to adopt an ordinance authorizing the seizure and impoundment of vehicles for specified criminal and traffic violations and to collect an administrative fee to recover towing and storage costs.

The measure, introduced by the sheriff's office and modeled on language from the Illinois Vehicle Code, was described at the meeting as based on ordinances used by nearby agencies. "So out of those 10 agencies there, 9 of them have the exact same ordinances what we're proposing here, and that is tied to a state statute that's in the Illinois vehicle code," a sheriff's office presenter said. The board approved the ordinance with an affirmative vote.

Board members were told the proposal would create an administrative fee for release, an appeal and administrative review process, and forms and vendor arrangements that could be implemented quickly if the ordinance is adopted. "So as part of my research into this project, I've gotten familiar with how Ogle County has implemented it as far as accepting the payments, the paperwork process. So I already have draft forms, prepared that we'll be able to send off to print right away," the presenter said.

State's Attorney Larson reviewed the draft and recommended one change: the proposal originally considered classifying unclaimed vehicles as abandoned after 10 days, but a conflicting state statute can require 35 days. "State's Attorney Larson said that is consistent with the Ogle County ordinance, and there is a related statute that it's consistent with. However, there's a conflicting state statute... that state statute... says 35 days," the presenter summarized. The board accepted the recommendation to align with the longer timeframe.

The ordinance would apply only outside the corporate limits of municipalities; the presenter clarified it could not be used inside cities or villages such as Freeport, Lena, Cedarville or Orangeville. "That is one nuance in this that we would only be able to use this in areas that lie outside the corporate limits of a municipality," the presenter said.

The presenter told the board he reviewed comparable fees in the region and proposed a flat administrative fee of $350. "When I wrote the ordinance, I wrote the suggested fee is 350," he said, noting regional variation and a calculated regional average. The ordinance also provides for an administrative hearing process and a hearing fee for those who challenge the release fee.

Board members and presenters said the ordinance aims to recover county costs and provide a deterrent for repeat offenders. The board voted in favor of the ordinance; the motion to approve was recorded as moved by Mister McKenna and carried with a voice vote.

Implementation steps described at the meeting included draft forms, a vendor for credit-card collections, and a plan to identify an attorney to serve as a hearing officer if needed. Presenters said administrative hearings have been rare in neighboring counties.