(625 ILCS 40/2-2) (from Ch. 95 1/2, par. 602-2)
Sec. 2-2.
Inspection; seizure; impoundment.
(a) Agents of the Department or other duly authorized police officers
may
stop and inspect any snowmobile at any time for the purpose of determining
if the provisions of this Act are being complied with. If the inspecting
officer or agent discovers any violation of the provisions of this Act, he
must issue a summons to the operator of such snowmobile requiring that the
operator appear before the circuit court for the county within which the
offense was committed.
(b) Every snowmobile subject to this Act, if under way and upon being
hailed
by a designated law enforcement officer, must stop immediately.
(c) Agents of the Department and other duly authorized police officers may
seize and impound, at the owner's expense, any snowmobile involved in an
accident or a violation of subsection B of Section 5-1 or of Section 5-7 of
this Act.
(d) If a snowmobile is causing a traffic hazard because of its position
in
relation to the highway or its physical appearance is causing the impeding
of traffic, its immediate removal from the highway or private property
adjacent to the highway by a towing service may be authorized by a law
enforcement agency having jurisdiction.
(e) Whenever a peace officer reasonably believes that a person under arrest
for a violation of subsection B of Section 5-1 or Section 5-7 of this Act or
similar provision of a local ordinance, is likely, upon release, to commit a
subsequent violation of subsection B of Section 5-1 or Section 5-7 or a similar
provision of a local ordinance, the arresting officer shall have the
snowmobile which the person was operating at the time of the arrest
impounded for a period of not more than 12 hours after the time of the
arrest. The snowmobile may be released by the arresting law enforcement
agency without impoundment, or may be released prior to the end of the
impoundment period, however, if:
(1) the snowmobile was not owned by the person under |
| arrest, and the lawful owner requesting release of the snowmobile possesses proof of ownership, and would not, as determined by the arresting law enforcement agency: (i) indicate a lack of ability to operate a snowmobile in a safe manner, or (ii) otherwise, by operating the snowmobile, be in violation of this Act; or
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(2) the snowmobile is owned by the person under
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| arrest, and the person under arrest gives permission to another person to operate the snowmobile, and the other person would not, as determined by the arresting law enforcement agency: (i) indicate a lack of ability to operate a snowmobile in a safe manner, or (ii) otherwise, by operating the snowmobile, be in violation of this Act.
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(Source: P.A. 93-156, eff. 1-1-04.)
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