21
4. The motor vehicle may not be released to any person who was a passenger in the motor vehicle at the
time the alcoholic liquor or impairment was found unless at least twenty four (24) hours have passed from
the time of the finding.
5. The vehicle shall not be released until the person seeking the release has paid an administrative fee of
FiveHundredDollars ($500.00) to theCity, plus any towing or storage costs.
6. If the operator is subsequently found guiltyof drivingwith open alcohol in amotor vehicle or possession
of alcohol by a minor or of operating a motor vehicle while impaired pursuant to Subsection G of this
Chapter, that person shall not be permitted for a period of six (6) months, to operate amotor vehicle on any
public way within the limits of the City unless accompanied by a licensed driver over thirty (30) years of
age.
7. The above obligations and penalties shall be in addition to the penalties that may be assessed in a court
of law for any charges arising out of the incident.
8. Any law enforcement officer, the police department and theCity and anyof its officers or agents shall be
absolutely immune from any liability or exposure to liability of any kind or nature for the enforcement or
implementation of thisChapter.
J.
Procedure forDrivingRestrictionNotification;Hearing.
1. If a person has committed a violation that subjects the person to a restriction on driving in Momence,
such a restriction shall not take place until the police department has sent, by regular mail, a notice of the
pending driving restriction. The notice shall bemailed at least two (2) weeks before the restriction is to go
into effect and shall contain: 1) a statement that the restriction applies only to the City; 2) the date the
restriction is to go into effect and the date on which it ends; 3) a map showing the City limits; 4) a notice
that the operator has the right to request a hearing within ten (10) days of notification to determine the
validity of the restriction. The validity of the restriction may be challenged only on the grounds that the
person was not the actual person found guilty or that there was no finding of guilty for the underlying
offense.
2. The hearing shall be conducted by a supervisorymember of theCity police department, appointed by the
Chief of Police andwhose determination shall be a final administrative decision.
K
.
Penalty forViolatingDrivingRestriction.
