(A) (1) Before the owner or person entitled to possession of any vehicle impounded for any traffic violation, misdemeanor criminal offense or warrant arrest, which requires a custodial arrest, as defined by the state, a fee of $100 per vehicle shall be payable to the city. A fee of $500, per vehicle, shall be paid in connection with the custodial or warrant arrest of any driver of a vehicle for any felony level offense or the following offense(s), as defined by the state or the United States of America:
(a) 720 ILCS 550, Cannabis Control Act;
(b) 720 ILCS 570, Illinois Controlled Substances Act;
(c) 720 ILCS 600, Drug Paraphernalia Control Act;
(d) 720 ILCS 602, Ephedra Prohibition Act;
(e) 720 ILCS 635, Hypodermic Syringes and Needles Act;
(f) 720 ILCS 646, Methamphetamine Control and Community Protection Act;
(g) 720 ILCS 5/12-2(b)(4.1), Aggravated Assault on a Police Officer;
(h) 720 ILCS 5/31-1(a), Resisting or Obstructing a Peace Officer, Firefighter, or Correctional Employee;
(i) 720 ILCS 5/31-4.5, Obstructing Identification;
(j) 625 ILCS 5/11-204, Fleeing or Attempting to Elude Police Officer;
(k) 625 ILCS 5/11-501, Driving Under the Influence;
(l) 625 ILCS 5/11-503, Reckless Driving;
(m) 625 ILCS 5/11-506, Street Racing (Drag);
(n) 625 ILCS 5/6-206.2, Violations Relating to an Ignition Interlock Device; and
(o) 625 ILCS 5/6-303, Driving While Driver’s License, Permit or Privilege to Operate a Motor Vehicle is Suspended or Revoked.
(2) A fee of $50 per vehicle shall be paid for any vehicle impounded for a violation of, and in accordance with, any city ordinance. Said fees shall be paid at the Police Department prior to the release of the vehicle, and shall reimburse the Police Department in compensation for the time and resources spent by the Department regarding the impoundment and release of said vehicles. The above fees are to be paid by the registered owner or person seeking the vehicle’s release regardless of whether the owner of said vehicle or any other authorized person was driving the vehicle at the time of the arrest and impoundment by the Police Department. For all other vehicles towed by the Police Department, for any reason other than the above listed offenses, a tow release will be issued by the Police Department free of charge.
(B) It shall be the duty of the towing or storage company in possession of the vehicle to obtain documentation issued by the Police Department confirming compliance with the foregoing requirements and to retain photocopies of that documentation in its files for a period of not less than six months following release of the vehicle. The foregoing information shall be made available to the authorities of the city for inspection and copying, upon their request, by the towing or storage company. The towing or storage company is prohibited from releasing any vehicle they may tow within the city until and unless it obtains the documentation as aforesaid.
(C) The towing or storage company shall be entitled to receive a fee from the owner or person entitled to possession of any such vehicle prior to the release of the vehicle. The fee shall be to cover the cost of removing said vehicle and, in addition thereto, the cost of storage of said vehicle for each day or fraction thereof that said vehicle shall have remained stored.
(D) The foregoing fees shall be in addition to any fee levied or assessed against the owner or operator of said vehicle by reason of violation of any ordinance or statute and any arrest which may have resulted from such violation.
(1960 Code, § 52.10.1) (Ord. 2928, passed 1-20-1970; Ord. 7481, passed 4-4-2011) Penalty, see § 70.999