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Cicero, Illinois

Sec. 62-371.  Identifying Gang Members; Filing Complaint; Service and Hearings.

Where a precinct in the town has voted to make that precinct a gang free zone, the following procedures shall be in effect:

(1) The superintendent of police shall file a request for hearing under this act with the town attorney.

(2) The request shall identify the street gang member, the name of the street gang (if applicable) and evidence that such street gang member engaged in gang-related criminal activity in the community which presents a clear and present danger to the public order and safety.

(3) Based upon the request by the superintendent of police, the town attorney shall draft a complaint which seeks that the accused be ordered to no longer reside in the gang free zone. The complaint shall identify the street gang member, the name of the street gang (if applicable) and evidence that said street gang member engaged in gang-related criminal activity in the community which presents a clear and present danger to the public order and safety.

(4) The complaint shall set forth the factual basis for the charge that the person named in the complaint is an active street gang member involved in street gang related activity and shall set forth a date for hearing on the complaint. The accused shall be served with a copy of the complaint.

(5) The hearing on the complaint shall be conducted by a hearing officer appointed by the town board of trustees. The formal rules of evidence shall not apply and hearsay shall be admissible. The accused as a right to discovery and to be represented by an attorney.

(6) The town shall have the burden of proof by a preponderance of the evidence that the accused is a gang member actively involved in street gang related activity.

(7) If the hearing officer finds that the accused is a gang member and has engaged in gang-related criminal activity in the community which presents a clear and present danger to the public order and safety, the accused shall be ordered to vacate his residence in the gang-free zone. The superintendent of police shall enforce the order.

(8) Where an accused gang member agrees to cease active participation in illegal gang activity, the hearing officer shall grant a period of up to one year probation, where the accused gang member may continue to reside in the gang free zone as long as the accused no longer participates in gang activities. Upon the successful completion of probation, the complaint shall be dismissed.

(9) Where an accused is 16 years of age or younger, the parents, parent or legal guardian of the accused gang member may agree that the accused will cease all participation in gang activity. Where the parent, parents or legal guardian of the accused agrees that the accused shall cease gang activity, the accused shall be granted a period of probation, where the accused gang member may continue to reside in the gang free zone as long as the accused no longer participates in gang activity. Upon the successful completion of probation, the complaint shall be dismissed.

(10) Where the accused files an appeal of the order to vacate the residence in the circuit court of the county, the order to vacate the residence shall be automatically stayed during the pendency of the action in the circuit court or any appeal thereof.

Sec. 62-373. Penalty.

(a) The failure of an accused to comply with an order to vacate his residence in a gang free zone shall be punishable by $500.00 per day fine.

(b) Any person who is ordered to vacate his residence in a gang free zone and who subsequently enters or stays within a gang free zone shall be fined $500.00.

(c) Seizure of vehicle. In addition to all penalties or remedies provided for in this section, whenever a motor vehicle or other mode of transportation is used with the knowledge of the owner of record in violation of this section, the vehicle is subject to seizure and impoundment and the owner shall be liable to the town for a penalty of $500.00 in addition to the fees for towing and storage of the vehicle. The procedures for seizure and impoundment shall be as set forth in subsection (d) of section 62-341 of this Code.

(Ord. No. 111-99, § 1(25-300(c)), 4-27-1999)

Sec. 62-374.  Seizure and Impoundment of Motor Vehicles Entering a Gang Free Zone.

(a) The motor vehicle of any gang member, as defined in section 62-372 of this Code, operated with the permission, express or implied of the owner of record, which enters into a clearly marked gang free zone, shall be subject to seizure and impoundment. The owner of record of such vehicle shall be liable to the town for a penalty of $500.00 in addition to the fees for the towing and storage of the vehicle.

(b) Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this section, the police officer shall provide for the towing of the vehicle. 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, if there is such a person, of the fact of the seizure and of the vehicle owner's right to request a preliminary hearing to be conducted under this section.

(c) Whenever the owner of a vehicle seized pursuant to this section requests a preliminary hearing within 24 hours after the seizure, a hearing officer of the town shall conduct a preliminary hearing within 72 hours after the seizure. All interested persons shall be given a reasonable opportunity to be heard at the preliminary hearing. The formal rules of evidence will not apply at the hearing and hearsay evidence shall be admissible. If, after the hearing, the hearing officer determines that there is a probable cause to believe that the vehicle was operated with the knowledge of the owner and used in the commission of a violation of this section, the hearing officer shall order the continued impoundment of the vehicle as provided in this section unless the owner of the vehicle posts with the town a cash bond in the amount of $500.00 plus fees for towing and storage of the vehicle. If the hearing officer determines that there is no such probable cause, the vehicles will be returned without penalty or other fees.

(d) Within ten days after a vehicle is seized and impounded pursuant to this section, the town shall notify by certified mail, return receipt requested, the owner of record of the date, time and location of a hearing that will be conducted pursuant to this section. The hearing shall be conducted no later than 45 days after the vehicle was seized. All interested persons shall be given a reasonable opportunity to be heard at the hearing. If after the hearing, the hearing officer determines by a preponderance of evidence that the vehicle was operated with the knowledge of the owner, and was used in the commission of a violation of this section, the hearing officer shall enter an order requiring the vehicle to continue to be impounded until the owner pays a penalty of $500.00 for a first offense and $750.00 for any subsequent offense plus fees for towing and storage of the vehicle. The penalty and fees shall be a debt due and owing the town. However, if a cash bond has been posted the bond shall be applied to the penalty. If the hearing officer determines that the vehicle was not knowingly used in such a violation, the hearing officer shall order the return of the vehicle or cash bond.

(e) Any motor vehicle that is not reclaimed within 30 days after the expiration of the time during which the owner of record may seek administrative review of the town's action under this section, or the time at which a final judgement is rendered in favor of the town, may be disposed of as an unclaimed vehicle as provided by law. As used in this section, the "owner of record" of a vehicle means the record titleholder.


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