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SECOND DIVISION

JUSTICE GORDON DELIVERED THE OPINION OF THE COURT:

The respective defendants in these consolidated actions, Kenneth Jaudon, Chianthony Lee, Jeremiah Cates and Jessie Coach (collectively "defendants"), were arrested and charged in separate criminal cases with various weapons-related violations of State law and with various weapons or traffic violations of the ordinances of the City of Chicago ("City"). At the time of the defendants' respective arrests, the City seized and impounded the vehicles the defendants were driving and in which the illegal weapons were found. Impoundment notices were served at that time. Shortly thereafter, at the probable cause hearings held on the State charges, the respective judges issued orders directing the City to release the impounded vehicles. The City moved to vacate the release orders arguing lack of notice and lack of subject matter jurisdiction. The trial courts denied or struck each motion to vacate and subsequently held the City's Law Department and the City's then Corporation Counsel, Susan Sher; Deputy Corporation Counsel, Norma Reyes; and Thomas Dumbai, Chief Assistant Corporation Counsel, individually, in contempt for refusing to return defendant Coach's car and, later, his cash bond, to him. The City appeals from the release orders pursuant to Supreme Court Rule 307(a)(1) (166 Ill. 2d R. 307(a)(1)) upon the uncontested assertions that the release orders constitute mandatory injunctions; and it appeals the contempt judgment rendered in the Coach case pursuant to Supreme Court Rule 304(b)(5) (155 Ill. 2d R. 304(b)(5)).⁽¹⁾

The issues on appeal are: (1) whether the home-rule municipal ordinance was constitutional; (2) whether the trial courts lacked authority to order release of the vehicles seized pursuant to that municipal ordinance; (3) whether the trial courts lacked subject matter jurisdiction to order release of the vehicles because there was no exhaustion of the City's administrative adjudication process; and (4) whether the civil contempt judgment was void. The City alternatively argues that, even if not void, the civil contempt judgment should be vacated because the City's refusal to comply with the court's release order was made in good faith to secure appellate review of the propriety of the release orders. Finally, the City argues, alternatively, that the portion of the fine imposed retroactively should be vacated because it was punitive in nature and was imposed without affording the contemnors certain procedural rights. For the reasons discussed below, we vacate the circuit court orders directing the City to release the impounded vehicles without payment of fines or fees and the orders refusing to vacate the release orders and we reverse the judgment of contempt.⁽²⁾

BACKGROUND FACTS

In order to better understand the facts of this case, we first explain the impoundment ordinance that is the subject of the instant appeal. Section 8-20-015 of the Municipal Code of Chicago (the Municipal Code) (Chicago Municipal Code