A. A motor vehicle parked upon the public street or public parking lot at any time may, by or under the direction of an officer or member of the Village Police Department, be immobilized in such a manner as to prevent its operation if there are five (5) or more outstanding or otherwise unsettled traffic violation notices or one or more warrants issued for any such violations pending against the owner of such motor vehicle.
B. 1. Upon immobilization of such motor vehicle, the officer or employee shall cause to be placed on such vehicle, in a conspicuous manner, notice sufficient to warn any individual that such vehicle has been immobilized and that any attempt to move such vehicle might result in damage to such vehicle. As soon as practicable, the officer or employee shall inform the owner of the immobilized vehicle of the nature and circumstances of the prior outstanding or unsettled traffic violation notices or warrants for which, on account of which, such vehicle was immobilized.
2. The owner of such immobilized vehicle, or other authorized person, shall be permitted to secure release of the vehicle upon:
a. The depositing of the bond for his appearance in the Circuit Court to answer for each violation; or
b. Depositing the amount of the fine or penalty for each violation for which there is an outstanding or otherwise unsettled traffic violation notice or warrant; and
c. The payment of the fees as required by subsection D of this section.
3. The owner of an immobilized vehicle, or other authorized person, shall have the right to a postimmobilization hearing to determine the validity of such immobilization, towing and any towing or storage charges. Such hearing must be requested within fifteen (15) days after the vehicle is immobilized. The postimmobilization hearing shall not be determinative of or adjudicate any citation issued relative to any immobilized vehicle.
C. The immobilizing device or mechanism shall remain in place for forty eight (48) hours unless the owner has complied with subsections B2 and B3 of this section. If such compliance has not occurred within forty eight (48) hours, the vehicle shall be towed or impounded. The Village's current towing and storage fees shall be paid, along with fees specified in subsection D of this section, before the owner of such vehicle, or authorized person, shall be permitted to repossess or secure the release of the vehicle, unless the owner has posted bond and requested a court date as specified in subsections B2 and B3 of this section.
D. It shall be unlawful for the owner of an immobilized vehicle to not pay a fee as established by the annual fee schedule for such immobilization. The owner of an immobilized vehicle which was subsequently impounded shall pay the fee established in the annual fee schedule for immobilization, plus the towing and storage charges actually incurred.
E. It shall be unlawful for any unauthorized person or persons to attempt to remove or to remove the vehicle immobilizing device.
F. The Chief of Police shall have the authority for implementing the parking enforcement provisions of this section.
G. Nothing in this section shall be construed to deprive any person of the constitutional right to a hearing or trial as to the violations charged. (2016 Code)