§ 66-209. Patron property.

(a)

Lost and found articles.

(1)

Whenever a village employee or agent finds lost articles on village property, he shall report such findings to the village administrator. The village administrator shall make every reasonable effort to locate the owner.

(2)

If the property is unclaimed by the owner or person legally entitled to possession after such reasonable efforts, the property will be transferred to the police department for disposition in accordance with the Law Enforcement Disposition of Property Act, 765 ILCS 1030/0.01 et seq. The village shall make every reasonable effort to find articles reported to it as being lost on village property.

(b)

Impoundment.

(1)

Procedure. The village may impound patron property by removing it to a designated impoundment area or by forbidding such property from being moved from its location during the period of impoundment.

(2)

Circumstances allowing impoundment. The village administrator may impound patron property, or may allow city, state or federal officials to impound such property for the following reasons:

a.

When the patron property is located on village property without a required valid permit;

b.

When the patron property presents an unreasonable danger of injury to persons or property on village property;

c.

When the patron property has been reported stolen and the patron is not present at the location of recovery;

d.

When the patron property is abandoned or left unattended;

e.

When the patron fails to pay fines or fees lawfully imposed by the village; or

f.

When there is other cause justifying impoundment under state or federal law.

(3)

Record of impoundment. Upon impounding patron property, the village administrator shall record the name and description of the impounded property; the circumstances under which it was impounded; the time, method, and place of impoundment; and a description of the condition of the property at the time it was impounded.

(4)

Notice to owner of impounded patron property. Whenever the village administrator has impounded patron property, he shall immediately ascertain, if possible, the name of the owners or other persons legally entitled to possession of such property, and thereafter shall immediately cause a notice to be sent by certified or registered United States mail, return receipt requested, to such owners and such other persons entitled to possession, if known. Such notice shall contain a full description of the patron property, the circumstances of its impoundment, and where it is impounded and shall request that the recipient immediately contact the village administrator. The notice shall:

a.

Specify the action the village administrator proposes to take in addition to impoundment;

b.

Specify the ordinance or rules of the village allegedly violated, if any;

c.

Briefly state the factual basis of any alleged violation; and

d.

Inform the patron of the procedure and deadline for appeal.

(5)

Meeting of village administrator with owner. The village administrator or designee shall personally meet with the person notified under subsection (b)(4) of this section, as soon after the sending of such notice as can be arranged. The purpose of such meeting is to explain the circumstances of the impoundment and receive from the owner any information bearing on whether the impoundment shall be continued. Upon conclusion of this meeting, the village administrator may:

a.

Determine that the patron property was improperly impounded, in which case he immediately releases the property to any authorized person without charge.

b.

Determine that the patron property was properly impounded. In such case, the village administrator shall determine whether the property should remain impounded pending proceedings, if any, on the charges that led to the impoundment. If the village administrator allows the patron property to be released, he shall do so upon payment of the reasonable charges incurred by the village in moving and storing the property during impoundment. The village administrator may order the impoundment continued pending such further proceedings if he finds probable cause to believe that:

1.

The property, if released to its owner, would pose a clear and present danger to the safety of persons or property;

2.

The continued impoundment of the patron property is necessary in connection with state or federal legal proceedings; or

3.

The owner has failed or refused to correct an existing violation of this article.

c.

Release the impounded patron property to the custody of federal, state or city authorities.

(6)

Subsequent proceedings. If the owner, in the notice of impoundment, was notified of charges of violation of a village ordinance or rules, the owner shall have the right to appeal such charges and receive a hearing thereon according to the proceedings. The village administrator shall, upon conclusion of those proceedings, make such disposition of the impounded patron property as may be appropriate in compliance with law.

(7)

Disposition of unclaimed impounded patron property. If any impounded patron property remains unclaimed by the owner or person legally entitled to possession thereof for a period of 30 days or more after the date the notice of impoundment was sent to the owner or person entitled to possession of said patron property, the village administrator may cause the impounded property to be transferred to the police department to be disposed in accordance with the Law Enforcement Disposition of Property Act, 765 ILCS 1030/0.01 et seq.

(Ord. No. 2001-19, § 1(F), 6-6-2001)