Hayenga v. The City of Rockford

Illinois Appellate Court
Civil Court
Administrative Review
Citation
Case Number: 
2014 IL App (2d) 131261
Decision Date: 
Thursday, October 30, 2014
District: 
2d Dist.
Division/County: 
Winnebago Co.
Holding: 
Affirmed.
Justice: 
McLAREN
Defendant City, a non-home-rule unit of government, impounded Plaintiff's vehicle, after police found drug paraphernalia in vehicle during traffic stop made while Plaintiff's boyfriend was driving.Plaintiff brought administrative action. Court reversed decision of administrative hearing officer, and court properly found that City did not have authority to impound vehicle. Section 11-208.7 of Vehicle Code does not grant authority for non-home-rule entities to impound vehicle, but only to enact ordinances and establish procedures for release of properly impounded vehicles. Officer was not required to arrest boyfriend, but could have issued him a notice to appear per section 107-12 of Code of Criminal Procedure, without taking him into custody.(JORGENSEN and SPENCE, concurring.)