1. When an intent to defraud is required in order to constitute an offense, it shall be sufficient if an intent appears to defraud any person.
2. When any section of this Code prohibits the commission of an act, not only the person actually doing the prohibited act or omitting the directed act, but also the employer and all other persons concerned with or in aiding or abetting the said person shall be guilty of the offense described and liable to the penalty set forth.

(Code 2024, § 1.1.4)

1. It is unlawful for any person to commit disorderly conduct within the limits of the village.
2. A person commits disorderly conduct when he or she knowingly:
   1. Does any act in such unreasonable manner as to alarm or disturb another and provide a breach of the peace; or
   2. With intent to annoy another by making a phone call, whether or not conversation evolves; or
   3. Transmits in any manner to the fire department of the village a false alarm of fire, knowing at the time of such the transmission that there is no reasonable ground for believing that such fire exists; or
   4. Transmits in any manner to another a false alarm to the effect that a bomb or explosive of any nature is concealed in such place that its explosion would endanger human life, knowing at the time of such transmission that there is no reasonable ground for believing that such bomb or explosive is concealed in such a place; or
   5. Transmits in any manner to any designated enforcement officer, public official, or public employee a report to the effect that an offense has been committed, knowing at the time of such transmission there is no reasonable ground for believing that such an offense has been committed; or
   6. Enters upon the property of another and for a lewd or unlawful purpose deliberately look into the dwelling on the property through any window or opening in it; or
   7. Makes any unnecessary loud noise or shouting or yelling when there is no reasonable grounds therefor.

(Code 2024, § 4.5.1)

1. Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
   
   Rifle means a shotgun loaded with a rifle slug.
2. Knives. It is unlawful for any person to carry or possess or sell, loan or give to any person any blackjack, slingshot, zip gun, sand club, sandbag, metal knuckles, bludgeon or knife which has a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, commonly referred to as a switchblade knife, or to carry or possess, with intent to use the same unlawfully against another, a dagger, dirk, billy, any other dangerous knife, razor, stiletto or any other dangerous or deadly weapon or instrument of like character. It is unlawful for any person to carry or possess any knife which has a blade of four inches or more in length.
3. Transportation of firearms. Except as expressly permitted by state law, it is unlawful for any person, except persons permitted by law, to transport or carry any shotgun, rifle, pistol or air gun within the municipal limits unless such shotgun, rifle, pistol or air gun is taken apart to render it incapable of being fired or is unloaded when enclosed in a case. For the purpose of this section, a shotgun loaded with a rifled slug shall be considered a rifle.
4. Use of certain weapons within village. It is unlawful for any person to use any bow and arrow, BB gun, air rifle, or CO2 (carbon dioxide) rifle within the village limits except when the use of any of the aforementioned shall be supervised by an adult authorized to so supervise by federal or state law or ordinance of some political subdivision of the state such as a township, municipality or incorporated town.
5. Discharge of rifles. It is unlawful to discharge a rifle within the municipal limits; provided, however, this provision does not apply to persons permitted by law to carry and use rifles, such as sheriffs, constables, police officers or other duly constituted peace officers, and wardens, special police, parole officers and persons lawfully summoned by an officer to assist in making arrests or preserving the peace when so engaged in assisting such officer.
6. Hunting near residences prohibited. It is unlawful to hunt adjacent to or within 100 yards of any residence.
7. Removal of weapon identification. No person shall change, alter, remove or obliterate the name of the maker, model, manufacturer's number or other mark of identification on any firearm. Possession of any firearm upon which any such mark shall have been changed, altered or removed or obliterated shall be prima facie evidence that the possessor has changed, altered, removed or obliterated the same.
8. Unlawful sale or delivery of firearms. No person shall sell or deliver a firearm in the village in violation of 720 ILCS 5/24-3.

(Code 2024, § 4.5.2)

No person, except a licensed auto wreck business, shall be permitted to keep any abandoned, stored, discarded, dismantled, elevated, propped or unattended vehicle on any property with the village limits.

(Code 2024, § 4.5.3)

1. No person shall tear up or otherwise injure or destroy any pavement, sidewalk or crosswalk, drain sewer or other public work of the village, nor shall a person hinder or obstruct the making or repairing of any pavement, sidewalk or crosswalk and other public work, nor shall a person hinder or obstruct any person employed by the village or any of the street commissioners in making or repairing any public improvement or work ordered by the village.
2. Repair of any street, alley, avenue or other public place shall be as good or better than the original. All repairs shall be the responsibility of the person doing the repairs for a period of one year. A bond shall be in the village's hands to cover the appropriate time period and amount of repair. All permanent street repairs shall be done when the temperature is 50 degrees Fahrenheit or above. If the temperature is above 50 degrees Fahrenheit, permanent repair shall be completed within 72 hours of start of excavation. Temporary street patches will be crushed limestone at least eight inches thick. All backfill shall be sand. No excavated material may be reused.

(Code 2024, § 4.5.4)

1. Disturbing the peace. No person shall make, aid or assist in making improper noise, disturbance, diversion or riot on the streets of the village or assemble or crowd for any unlawful or improper purpose to the annoyance, disturbance or terror of any other person or assemble together to do unlawful acts against the property of the village or against the person or property of any person.
2. Offensive conduct. No person shall willfully disturb the peace of others by any violent, offensive or obstreperous conduct or by profane, obscene or abusive language calculated to provoke a breach of the peace or by assaulting, tricking or fighting. No person shall permit such conduct in or upon any house or place owned or occupied or controlled by that person so that others in the vicinity are disturbed and no person shall aid, abet or instigate any loud, violent or abusive language or conduct.
3. Disturbing religious assembly. No person shall disquiet or disturb any congregation or assembly meant for religious worship or any lawful and peaceable assembly by making noise or by rude or indecent behavior or profane discourse within their place of worship or assembly or so near the same as to disturb the order of solemnity of the assembly or in any manner interfere with or hinder the proceedings of the assembly.

(Code 2024, § 4.5.5)

It is unlawful for any person to enter upon the land or part thereof of another after receiving, immediately prior to such entry, notice from the property owner or occupant that such entry is forbidden, or to remain on the land of another after receiving notice from the owner or occupant to depart. A person has received notice from the owner or occupant if he has been notified personally, either orally or in writing, or if a printed or written notice forbidding such entry has been conspicuously posted or exhibited at any entrance to such land or the forbidden part thereof.

(Code 2024, § 4.5.6)

1. Definitions. All the terms and phrases used herein shall have the same meaning as ascribed to them in the Criminal Code (720 ILCS 5/15-1 et seq., and 720 ILCS 5/16-1 et seq.) except, should the term "person" be limited therein to natural persons who have attained the age of 17 years or more, the limitation is specifically excluded herein, and the term "person" is made applicable to all natural persons who have attained the age of 13 years or more.
2. Offense of theft. A person commits the offense of theft when he knowingly:
   1. Obtains or exerts unauthorized control over property of the owner; or
   2. Obtains by deception control over property of the owner; or
   3. Obtains by threat control over property of the owner; or
   4. Obtains control over stolen property knowing the property to have been taken or stolen by another or under such circumstances as would be reasonably induce him to believe that the property was stolen; and
   5. Intends to deprive the owner permanently of the use or benefit of the property; or
   6. Knowingly uses, conceals, or abandons the property in such a manner as to deprive the owner permanently of such use or benefit; or
   7. Uses, conceals or abandons the property knowing such use, concealment, or abandonment probably will deprive the owner permanently of such use or benefit.

(Code 2024, § 4.5.7)

1. Definitions. All the terms and phrases used herein shall have the same meaning as ascribed to them in the Criminal Code (720 ILCS 5/16A-1 et seq.) except, should the term "person" be limited therein to natural persons who have attained the age of 17 years or more, the limitation is specifically excluded herein, and the term "person" is made applicable to all natural persons who have attained the age of 13 years or more.
2. Offense of retail theft. A person commits the offense of retail theft when he or she knowingly:
   1. Takes possession of, carries away, transfers or causes to be carried away or transferred any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment with the intention of retaining such merchandise or with the intention of depriving the merchant permanently of the possession, use, or benefit of such merchandise without paying the full retail value of such merchandise; or
   2. Alters, transfers, or removes any label, price tag, marking, indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored, or offered for sale, in a retail mercantile establishment and attempts to purchase such merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of the full retail value of such merchandise; or
   3. Transfers any merchandise displayed, held, stored, or offered for sale in a retail mercantile establishment from the container in or on which such merchandise is displayed to any other container with the intention of depriving the merchant of the full retail value of such merchandise; or
   4. Under-rings with the intention of depriving the merchant of the full retail value of the merchandise; or
   5. Removes a shopping cart from the premises of a retail mercantile establishment without the consent of the merchant given at the time of such removal with the intention of depriving the merchant permanently of the possession, use, or benefit of such cart; or
   6. And with the intent to commit an offense as specified above in subsection (b)(1), (2), (3), (4), or (5) of this section, he does any act which constitutes a substantial step toward the commission of that offense.
3. Presumption. If any person conceals upon his person or among his belongings unpurchased merchandise displayed, held, stored, or offered for sale in a retail mercantile establishment and removes the merchandise beyond the last known station for receiving payments for that merchandise in that retail mercantile establishment, such person shall be presumed to have possessed, carried away, or transferred such merchandise with the intention of retaining it or with the intention of depriving the merchant permanently of the possession, use, or benefit of such merchandise without paying the full retail value of such merchandise.
4. Detention.
   1. Any merchant who has reasonable grounds to believe that a person has committed retail theft may detain such person, in or off the premises of a retail mercantile establishment, in a reasonable manner and for a reasonable length of time for all or any of the following purposes:
      1. To request identification;
      2. To verify such identification;
      3. To make reasonable inquiry as to whether such person has in his possession unpurchased merchandise and to make reasonable investigation of the ownership of such merchandise;
      4. To inform an enforcement officer of the detention of the person and surrender that person to the custody of an enforcement officer;
      5. When such person is a minor, to inform an enforcement officer, the parents, guardian, or other private person interested in the welfare of that minor of this detention and to surrender custody of such minor to such person.
   2. A merchant may make a detention as permitted in this subsection (d) off the premises of a retail mercantile establishment only if such detention is pursuant to an immediate pursuit of such person.
5. Affirmative defense. A detention performed pursuant to and in accordance with this section does not constitute an arrest or an unlawful restraint and this section may be pleaded in way of an affirmative defense to false arrest, false imprisonment, or any other cause of action for damages or liability where the essence of the cause is the detention made pursuant hereto.

(Code 2024, § 4.5.8)

It is unlawful for any person to be guilty of disorderly conduct or of any conduct tending toward the breach of the peace. The causing or making of any unnecessary loud noise or shouting or yelling will be considered disorderly conduct.

(Code 2024, § 4.4.3)

The provisions of 720 ILCS 5/11-9.3 and 720 ILCS 5/11-9.4-1, to the extent applicable within the village, are adopted by reference as though fully set forth herein.

(Code 2024, §§ 4.16.1—4.16.3)

1. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
   
   Litter means any discarded, used or unconsumed substance or waste. The term "litter" may include, but is not limited to, any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspaper, magazines, glass, metal, plastic or paper containers or other packaging, construction material, motor vehicle parts, furniture, oil, carcass of a dead animal, any nauseous or offensive matter of any kind, any object likely to injure any person or create a traffic hazard, potentially infectious medical waste as defined in 415 ILCS 105/3, or anything else of an unsightly or unsanitary nature.
2. No person shall dump, deposit, drop, throw, discard, leave, cause or permit the dumping, depositing, dropping, throwing, discarding or leaving of litter upon any public or private property within the corporate limits of the village, or upon or into any river, lake, pond or other stream or body of water within the corporate limits of the village, unless:
   1. The litter is placed into a receptacle or other container intended by the owner or tenant in lawful possession of that property for the deposit of litter; or
   2. The person is the owner or tenant in lawful possession of the property or has first obtained the consent of the owner or tenant in lawful possession, or unless the act is done under the personal direction of the owner or tenant and does not create a public health or safety hazard, a public nuisance, or a fire hazard; or
   3. The person is acting under the direction of proper public officials of the village during special cleanup days; or
   4. The person is lawfully acting in or reacting to an emergency situation where health and safety are threatened, and removes and properly disposes of such litter, including, but not limited to, potentially infectious medical waste as defined in the Illinois Environmental Protection Act, when the emergency situation no longer exists.

(Code 2024, § 4.9.2)

1. No person shall dump, deposit, drop, throw, discard or otherwise dispose of litter from any motor vehicle upon any public street, avenue, alley or other roadway, upon any public or private property or upon or into any river, lake, pond, stream or body of water within the corporate limits of the village except as permitted in HVC 28.08.010.
2. No person shall transport by any means garbage or refuse from any dwelling, residence, place of business, farm or other site to, and deposit such material in, around or on top of trash barrels or other receptacles placed within public parks or other public property within the corporate limits of the village.

(Code 2024, § 4.9.3)

No person shall allow litter to accumulate upon real property, of which the person charged is the owner or tenant in control, in such a manner as to constitute a public nuisance or in such a manner that the litter may be blown or otherwise carried by the natural elements on to the real property of another person.

(Code 2024, § 4.9.4)

1. No person less than 17 years of age shall be present at or upon any public assembly, building, place, street or highway during the following times unless accompanied by a parent, legal guardian, or other responsible companion at least 18 years of age, approved by a parent or legal guardian, or unless engaged in a business or occupation which the laws of the state authorize a person less than 17 years age to perform:
   
   1. Between 11:00 p.m. and 6:00 a.m. Sunday through Thursday.
   2. Between 12:00 a.m. and 6:00 a.m. Friday and Saturday.
2. The driver's license of a person less than 18 years of age, unless one of the exceptions in subsection (c) of this section apply, shall, as a matter of law, be invalid for the operation of any motor vehicle during the following times:
   1. Between 11:00 p.m. Friday and 6:00 a.m. Saturday;
   2. Between 11:00 p.m. Saturday and 6:00 a.m. on Sunday; and
   3. Between 10:00 p.m. on Sunday to Thursday, inclusive, and 6:00 a.m. on the following day.
3. The driver's license of a person under the age of 18 years shall not be invalid as described in subsection (b) of this section if the licensee under the age of 18 years was:
   1. Accompanied by the licensee's parent or guardian or other person in custody or control of the minor;
   2. On an errand at the direction of the minor's parent or guardian, without any detour or stop;
   3. In a motor vehicle involved in interstate travel;
   4. Going to or returning home from an employment activity, without any detour or stop;
   5. Involved in an emergency;
   6. Going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by a government or governmental agency, a civic organization, or another similar entity that takes responsibility for the licensee, without any detour or stop;
   7. Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or
   8. Married or had been married or is an emancipated minor under the Emancipation of Minors Act.
4. It is unlawful for a parent, legal guardian or other person to knowingly permit a person in his custody or control to violate this section.

(Code 2024, § 4.6.1)

1. Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
   
   Legal guardian means a person appointed guardian, or given custody, of a minor by a circuit court of the state, but does not include a person appointed guardian or given custody of a minor under the Juvenile Court Act.
   
   Minor means a person who is above the age of 11 years but not yet 18 years of age.
2. Responsibility. The parent or legal guardian of a minor residing with the parent or legal guardian shall be presumed, in his absence of evidence to the contrary, to have failed to exercise proper parental responsibility and the minor shall be found to have committed the acts described below with the knowledge and permission of the parent or guardian, in violation of this section, upon the occurrence of the events described below:
   1. Any intentional, willful, malicious, or wanton acts causing injury to a person or property; and
   2. The parent or legal guardian shall have received a written notice either by certified or registered mail, return receipt requested, or by personal service, with a certificate or personal service returned from the assigned village department of the village following the adjudication or nonjudicial sanction; and
   3. If at any time within one year following receipt of the notice set forth in subsection (b)(2) of this section, the minor is either adjudicated to be in violation of any ordinance, law or statute as described above or shall have incurred nonjudicial sanctions from another official agency resulting from an admission of guilt of violation of any ordinance, law or statute as described above.

(Code 2024, § 4.6.2)

1. It is unlawful for any person to whom the sale, gift, delivery or service of any alcoholic beverage is prohibited because of age to consume or possess in any manner, including by consumption, any such alcoholic beverage, except as otherwise provided by law. This violation may be proven by evidence which indicates that the breath of the person charged with such offense had a smell associated, generally or specifically, with any alcoholic beverage and no additional evidence relating thereto shall be necessary to find the defendant to be in violation of this section. It shall not be necessary to show that the person charged with an offense hereunder was at the time in question under the influence of any alcoholic beverage in any manner, but such evidence shall be admissible to prove a violation of this section.
2. An affirmative defense to a charge of violation of this section may be raised to show that the minor has consumed an alcoholic beverage while participating in a recognized religious ceremony or in the privacy of a home under the direct supervision of the parents or parent or legal guardian, or in a location where consumption by the minor is otherwise prohibited by law.

(Code 2024, § 4.6.3)

The purpose of this article is to offset the costs incurred in the preparing, prosecuting, hearing, and disposing of criminal and traffic cases, and recover the costs associated with the towing, impounding, or seizing of motor vehicles used during the commission of criminal, traffic, or other offenses within the corporate limits of the village.

(Code 2024, § 4.17.2)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Law enforcement officer means every officer authorized to make arrests and issue citations for criminal and traffic offenses occurring within the village.

Lessee means the person authorized by a written lease agreement to possess the vehicle and as properly registered with the secretary of state, or, if registered in a state other than Illinois, as properly registered with the administrative agency responsible for registration in that state.

Registered owner means the record title holders of the vehicle as properly registered with the secretary of state, or, if registered in a state other than Illinois, record title holder as properly registered with the administrative agency responsible for registration in that state.

(Code 2024, § 4.17.4)

Any vehicle, regardless of whether the registered owner or lessee is operating the vehicle, within the corporate limits of the village, shall, under this section, be subject to seizure and impoundment any time the vehicle is used in connection with one or more of the offenses listed in 625 ILCS 5/11-208.7.

(Code 2024, § 4.17.5)

An administrative fee in the amount as provided in the village fee schedule shall be imposed on the registered owner or lessee of any vehicle impounded under this article.

(Code 2024, § 4.17.6)

When a law enforcement officer has probable cause to believe that a vehicle is subject to impoundment, under this article, the officer shall provide for the towing of the vehicle to a facility authorized by the village. The vehicle shall be impounded and held until such time as the administrative fee is paid or the vehicle is subject to release under the provisions of this article.

(Code 2024, § 4.17.7)

Upon seizure and impoundment, the law enforcement officer shall provide notice as directed under this section.

1. Initial notice. At the time the vehicle is towed, the officer shall notify, or make a reasonable attempt to notify, the registered owner, lessee, or person identifying himself or herself as the owner or lessee of the vehicle, or any person who is found to be in control of the vehicle at the time of the alleged offense, of the fact of the seizure, and of the registered owner's or lessee's right to an administrative hearing.
   1. Any notice under this section shall be in writing, and the notice shall indicate that the vehicle will remain impounded pending the completion of an administrative hearing, unless the registered owner, lessee, or a lienholder of record posts with the designated village official, or his designee, a bond equal to the administrative fee and hearing officer fee, as provided in the village fee schedule, and pays for all towing and storage charges.
   2. The notice shall inform the recipient of the right to an administrative hearing and shall provide instructions on the exercise of that right.
2. If a registered owner or lessee is found to be a passenger or driver of any vehicle seized under this article, then he or she shall be personally served with written notice under this section.
3. If no registered owner or lessee is found to be a passenger or driver of any vehicle seized under this article, then the written notice shall be served on the registered owner or lessee, either by personal service or by first class mail, postage prepaid, to the address as registered with the secretary of state.
   1. All notices shall be served upon the registered owner or lessee within five days after a vehicle is seized and impounded; and
   2. The notice shall indicate that the vehicle will remain impounded pending the completion of an administrative hearing, unless the registered owner, lessee, or a lienholder of record posts with the designated village official, or his designee, a bond equal to the administrative fee and hearing officer fee as provided in the village fee schedule and pays for all towing and storage charges.

(Code 2024, § 4.17.8)

The registered owner, lessee, or a lienholder of record of any vehicle seized pursuant to this article may retrieve the vehicle seized prior to the evidentiary hearing by posting a cash bond at the assigned village department, in addition to the payment of applicable towing and storage fees.

1. The bond shall be an amount totaling the administrative fee and hearing officer fee established in this article.
2. Upon posting of bond, the vehicle shall be released to the registered owner, lessee, or the lienholder of record who posted the bond.
3. Any bond posted under this section shall be retained by the designated village official, or his designee, until the disposition of the administrative hearing held under this article.

(Code 2024, § 4.17.9)

The registered owner or lessee of any vehicle seized pursuant to this article may retrieve the vehicle seized prior to the evidentiary hearing by admitting liability to the village for the administrative fee, and, in addition to the payment of applicable towing and storage fees, remits the full amount of the administrative fee established in this article. The admission of liability shall be deemed a waiver of the administrative hearing, and upon the entry of an admission of liability, any administrative hearing scheduled shall be waived and cancelled.

(Code 2024, § 4.17.10)

Subject to the provisions of 625 ILCS 5/11-20.3, and in a manner consistent with other statutes or ordinances regulating administrative hearings, a registered owner or lessee may request an administrative hearing to review the imposition of the administrative fee under this article.

1. Request for hearing. A registered owner or lessee of any vehicle seized pursuant to this article may request a hearing within ten business days of the date of seizure and impoundment or by the service of the notice of seizure and impoundment, whichever is later. All requests for hearing shall be in writing and must include the following:
   1. The name and mailing address of the registered owner or lessee making the request for hearing;
   2. The name and mailing address of any registered owner or lessee having an interest in the seized vehicle;
   3. The make, model, and registration number of the vehicle seized;
   4. The date and location of the seizure; and
   5. The identity of the driver who was operating or in control of the vehicle at the time of seizure.
   All requests for hearing must be delivered to the village hall by personal service.
2. Waiver of hearing. Unless the registered owner or lessee properly delivers a request for hearing within the time allowed under this article, the hearing shall be deemed waived, and any right to an administrative hearing shall be forfeited.
3. Notice of administrative hearing. Upon receiving a request for hearing, the designated village official, or his designee, shall provide written notice that the vehicle shall remain impounded pending the completion of an administrative hearing, unless the registered owner, lessee, or a lienholder of record posts with the designated village official, or his designee, a bond equal to the administrative fee and hearing officer fee, as provided in the village fee schedule, and pays for all towing and storage charges.
   1. This written notice shall be served upon the registered owner, lessee, and any lienholder of record;
   2. The written notice shall be served either by personal service or by first class mail, postage prepaid, to the address as registered with the secretary of state;
   3. All notices shall be served upon the registered owner, lessee, and any lienholder of record within five business days after the request for hearing is received; and
   4. The written notice shall contain the date, time, and location of the administrative hearing. An initial hearing shall be scheduled not less than seven days and no more than 45 days after the date of the mailing of the notice of hearing.
4. Administrative hearing officer. The administrative hearing shall be conducted by a hearing officer designated by the village. The village, through intergovernmental agreement, shall utilize the code enforcement hearing officer.
5. The party challenging the imposition of the administrative fee shall be responsible for the costs associated with use of the administrative hearing officer, as described in this article.
6. The party challenging the hearing must appear personally or through a licensed attorney at law. A failure of the challenging party to appear shall result in a default ruling sustaining the vehicle impoundment.
7. All interested persons shall be given a reasonable opportunity to be heard at the hearing.
8. The formal rules of evidence shall not apply and hearsay evidence shall be admissible.
9. The burden shall be on the party challenging the administrative fee to prove one of the available defenses by a preponderance of the evidence.
10. At the conclusion of the administrative hearing, the hearing officer shall issue a written decision either sustaining or overruling the vehicle impoundment.
11. If the basis for the vehicle impoundment is sustained by the administrative hearing officer, any administrative fee, hearing officer fee, or bond posted to secure the release of the vehicle shall be forfeited to the village.
12. Unless the administrative hearing officer overturns the basis for the vehicle impoundment, no vehicle shall be released to the registered owner, lessee, or lienholder of record until all administrative fees, hearing officer fees, and towing and storage charges are paid.
13. If the administrative hearing officer overturns the basis for the vehicle impound, the vehicle shall be released to the registered owner, lessee, or lienholder of record challenging such fee, provided all towing and storage charges are paid. The administrative hearing officer shall not have the authority to waive towing and storage charges.

(Code 2024, § 4.17.11)

At any hearing reviewing the imposition of the administrative fee, the administrative hearing officer shall only consider defenses recognized by this section.

1. There shall only be three recognized defenses to the imposition of the administrative fee:
   1. The vehicle was stolen at the time the illegal item was found in the vehicle, and theft was reported within 24 hours after theft was discovered or reasonably should have been discovered;
   2. The vehicle was operating as a common carrier and the violation occurred without the knowledge of the person in control of the vehicle;
   3. The vehicle was not used in connection with an offense described in this article.
2. Notwithstanding the limitations set forth in subsection (a) of this section, the following circumstances shall not constitute a defense to the imposition of the administrative fee:
   1. The registered owner, lessee, or lienholder of record was not the driver of the vehicle during the commission of the offense in question;
   2. Any criminal charge related to the incident giving rise to the impoundment has been adjudicated not guilty;
   3. Any criminal charge related to the incident giving rise to the impoundment has been dismissed or otherwise disposed of; or
   4. Any other circumstance not specified in subsection (a) of this section.

(Code 2024, § 4.17.12)

The party challenging the imposition of the administrative fee shall pay an administrative fee as provided in the village fee schedule which shall be used to pay for the costs associated with the use of the administrative hearing officer, subject to the following:

1. If the party challenging the imposition of the administrative fee posts bond under this article, the hearing officer fee must be included in the bond.
2. If the registered owner or lessee of any vehicle seized pursuant to this article admits liability as provided in this article, provided the admission occurs more than 48 hours prior to the scheduled administrative hearing, no hearing officer fee shall be assessed. A failure to admit liability and waive the administrative hearing in a timely manner will result in the imposition of the hearing officer fee on the registered owner of the vehicle in question.
3. If no admission of liability or waiver of administrative hearing is received prior to the deadline described in subsection (b) of this section, the hearing officer fee shall be imposed on the registered owner of the vehicle in question.
4. If the administrative hearing officer overturns the basis for the vehicle impound, no hearing officer fee shall be assessed, and any previously posted hearing officer fee shall be refunded.
5. Every registered owner of the subject vehicle shall be jointly and severally liable to the village for any hearing officer fee imposed under this article.

(Code 2024, § 4.17.13)

All administrative hearing rulings shall be subject to review under the provisions of 735 ILCS 5/3-101 et seq.

(Code 2024, § 4.17.14)

Unless stayed by a court of competent jurisdiction, any administrative fee imposed under this article which remains unpaid in whole or in part after the expiration of the deadline for seeking judicial review under the administrative review law may be enforced in the same manner as a judgment entered by a court of competent jurisdiction.

(Code 2024, § 4.17.15)

Vehicles not retrieved from the towing facility or storage facility within 60 days after the administrative hearing officer issues a written decision shall be deemed abandoned and disposed of in accordance with the provisions of state law.

(Code 2024, § 4.17.16)

1. Definitions. All terms and phrases used herein shall have the same meaning as ascribed to them in the Cannabis Control Act (720 ILCS 550/1 et seq.) and amendments thereto; except, should the term "person" be limited therein to natural persons who have attained the age of 17 years or more, the limitation is specifically excluded herein, and the term "person" is made applicable to all natural persons who have attained the age of 13 years or more.
2. Offense of possession of cannabis. A person commits the offense of possession of cannabis by knowingly possessing ten grams or less of any substance containing cannabis unless permitted or authorized to do so pursuant to the Cannabis Control Act (720 ILCS 550/1 et seq.).
3. Any person violating the provisions of this article shall be subject to a fine of not less than $100.00, nor more than $500.00.

(Code 2024, § 4.15.7)

The following words, terms and phrases, when used in this division, and in order to carry out the provisions contained in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Controlled substance shall have the meaning ascribed to it in section 102 of the Illinois Controlled Substances Act as if that definition were incorporated herein.

Deliver or delivery means the actual, constructive or attempted transfer of possession, with or without consideration, whether or not there is an agency relationship.

Drug paraphernalia shall have the meaning ascribed to it in the Illinois Drug Paraphernalia Control Act as if that definition were incorporated herein.

(Code 2024, § 4.15.1)

It shall be a violation of this article for any person to use drug paraphernalia, to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance as defined herein.

(Code 2024, § 4.15.2)

It shall be a violation of this article for any person to deliver or possess with intent to deliver drug paraphernalia, knowingly or under circumstances where one reasonably should know that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance as defined herein.

(Code 2024, § 4.15.3)

It shall be a violation of this article for any person 18 years of age or over who violates HVC 28.12.130 by delivering drug paraphernalia to a person under 18 years of age who is at least three years his/her junior.

(Code 2024, § 4.15.4)

It shall be a violation of this section for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.

(Code 2024, § 4.15.5)