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§ 70.085 AUTHORIZATION FOR TOWING; ABANDONMENT PROHIBITED.
   (A)   The towing of vehicles by the city, or by its approved towing service operators on behalf of the city, shall be authorized only by the Police Department and under circumstances provide by ordinance. Hazardous or unlawful vehicles may be towed without prior notice except that when an unlawful vehicle is one that has been reported as stolen and is not towable for some other specific reason, the owner should be notified by telephone or other means when practicable and given the opportunity to claim or move the vehicle if he or she wishes to avoid incurring the expenses of a police ordered tow. Abandoned vehicles may be towed with prior notice as provided for in this section.
   (B)   The abandonment of a vehicle or any part thereof on private or public property, other than a highway, in view of the general public, within city limits is unlawful except on property of the owner or bailee of such abandoned vehicle. A vehicle or any part thereof so abandoned on private property shall be authorized for removal by the Police Department after a waiting period of seven days or more, or may be removed immediately if determined to be a hazardous dilapidated motor vehicle under § 11-40-3.1 of the Illinois Municipal Code, being 65 ILCS 5/11-40-3.1.
(Ord. 2016-001, passed 1-12-2016)
§ 70.086 NOTIFICATION REQUIRED GENERALLY; PRE-TOW NOTIFICATION.
   (A)   When an abandoned, lost, stolen or unclaimed vehicle comes into the temporary possession or custody of a person not the owner of the vehicle, such person shall immediately notify the Police Department when the vehicle is within the city limits. Upon receipt of such notification, the Police Department will authorize a towing service to remove and take possession of the abandoned, lost, stolen or unclaimed vehicle. The towing service will safely keep the towed vehicle and its contents, maintain a record of the tow as required by § 4-204 of the Illinois Motor Vehicle Code, being 625 ILCS 5/4-204, until the vehicle is claimed by the owner or any other person legally entitled to possession thereof or until it is disposed of.
   (B)   (1)   Except as set forth in this section, an abandoned vehicle which is to be removed shall be towed only after notice has been given to the registered owner or to the person entitled to possession of the motor vehicle indicated in the most current registration list of the Secretary of State, if the names and mailing addresses can be ascertained in the exercise of reasonable diligence, notice shall be given by certified first class mail, return receipt requested. If such names and addresses cannot be ascertained, notice shall be given by affixing on the windshield or some other conspicuous place on the vehicle a notice indicating that the vehicle will be removed, by the city on or after a specific date. This date will be no sooner than seven days alter the notice is mailed or affixed to the vehicle, unless the vehicle is removed by the owner or legal possessor prior to that time.
      (2)   The notice required by division (B)(1) above shall state that the vehicle will be removed seven days after the postmarked date or affixation of the notice unless removed prior to that time and shall provide information on the availability of the appeal process.
      (3)   The requirement that notice be given prior to the removal of an abandoned vehicle may, as determined by the Police Department, be omitted in those circumstances where there is a special need for prompt action to eliminate traffic obstructions or to otherwise maintain and protect the public safety and welfare. This includes, but is not limited to, situations that include vehicles blocking or obstructing ingress or egress to businesses and residences, vehicles parked in such a location or manner as to pose a traffic hazard, and vehicles causing damage to public or private property. Such findings shall be documented in written form by the Police Department.
(Ord. 2016-001, passed 1-12-2016)
§ 70.087 REMOVAL AND HAULING OF VEHICLES.
   (A)   When a vehicle is abandoned on a highway in the city for ten hours or more, its removal by a towing service shall be authorized by Police Department.
   (B)   When an abandoned, unattended, wrecked, burned or partially dismantled vehicle is creating 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 Police Department.
   (C)   Whenever a police officer reasonably believes that a person under arrest for driving under the influence in violation of § 11-501 of Illinois Vehicle Code, being 625 ILCS 5/11-501, is likely, upon release, to commit a subsequent violation of § 11-501, the arresting officer shall have the vehicle 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 arrest. However, such vehicle may be released prior to the end of the impoundment period if:
      (1)   The vehicle was not owned by the person under arrest, and the lawful owner requesting such release possesses a valid operator’s license, proof of ownership, and would not, as determined by the arresting officer, indicate a lack of ability to operate a motor vehicle in a safe manner, or who would otherwise, by operating such motor vehicle, be in violation of Illinois Motor Vehicle Code: or
      (2)   The vehicle is owned by the person under arrest, and the person under arrest gives permission to another person to operate such vehicle, provided however, that the other person possesses a valid operator’s license and would not, as determined by the arresting officer, indicate a lack of ability to operate a motor vehicle in a safe manner or who would otherwise, by operating such motor vehicle, be in violation of Illinois Motor Vehicle Code.
   (D)   (1)   Whenever a registered owner of a vehicle is taken into custody for operating the vehicle, either under the influence in violation of § 11-501 of Illinois Vehicle Code, being 625 ILCS 5/11-501, or while the owner’s license, permit or privilege is suspended or revoked in violation of § 6-303 of Illinois Vehicle Code, being 625 ILCS 5/6-303, the Police Department may have the vehicle immediately impounded for a period not less than:
         (a)   Twenty-four hours for a second violation of § 11-501 of Illinois Vehicle Code, being 625 ILCS 5/11-501, or § 6-303 of Illinois Vehicle Code, being 625 ILCS 5/6-303, or a combination of these offenses; or
         (b)   Forty-eight hours for a third violation of § 11-501 of Illinois Vehicle Code, being 625 ILCS 5/11-501, or § 6-303 of Illinois Vehicle Code, being 625 ILCS 5/6-303, or a combination of these offenses.
      (2)   The vehicle may be released sooner if the vehicle is owned by the person under arrest and the person under arrest gives permission to another person to operate the vehicle and that other person possesses a valid operator’s license and would not, as determined by the arresting officer, indicate a lack of ability to operate a motor vehicle in a safe manner or would otherwise, by operating the motor vehicle, be in violation of Illinois Motor Vehicle Code.
   (E)   Except as provided in Chapter 18a of Illinois Vehicle Code, being 625 ILCS 5/18a, the Police Department in the case of publicly owned real property may cause any motor vehicle abandoned or left unattended upon such property without permission to be removed by a towing service without liability for the costs of removal transportation or storage or damage caused by such removal, transportation or storage. The towing or removal of any vehicle from private property without the consent of the registered owner or other legally authorized person in control of the vehicle is subject to compliance with the following conditions and restrictions.
      (1)   Any towed or removed vehicle must be stored at the site of the towing service’s place of business. The site must be open during business hours, and for the purpose of redemption of vehicles, during the time that the person or firm towing such vehicle is open for towing purposes.
      (2)   The towing service shall within 30 minutes of completion of such towing or removal, notify the Police Department of such towing or removal, and the make, model, color and license plate number of the vehicle, and shall obtain and record the name of the person at the Police Department to whom such information was reported.
      (3)   If the registered owner or legally authorized person entitled to possession of the vehicle shall arrive at the scene prior to actual removal or towing of the vehicle, the vehicle shall be disconnected from the tow truck, and that person shall be allowed to remove the vehicle without interference, upon the payment of a reasonable service fee of not more than one-half the rate of the towing service for which a receipt shall be given.
      (4)   Except for property appurtenant to and obviously a part of a single-family residence, and except for instances where notice is personally given to the owner or other legally authorized person in control of the vehicle that the area in which that vehicle is parked is reserved or otherwise unavailable to unauthorized vehicles and they are subject to being removed at the owner or operator’s expense, any property owner or lessor, prior to towing or removing any vehicle from private property without the consent of the owner or other legally authorized person in control of that vehicle, must post a notice meeting the following requirements.
         (a)   The notice for a parking lot contained within property used solely for a two- family, three-family or four-family residence may be prominently placed at the perimeter of the parking lot, in a position where the notice is visible to the occupants of vehicles entering the lot.
         (b)   The notice must indicate clearly, in not less than two-inch high light-reflective letters on a contrasting background, that unauthorized vehicles will be towed away at the owner’s expense.
         (c)   The notice must also provide the name and current telephone number of the towing service towing or removing the vehicle.
         (d)   The sign structure containing the required notices must be permanently installed with the bottom of the sign not less than four feet above ground level, and must be continuously maintained on the property for not less than 24 hours prior to the towing or removing of any vehicle.
      (5)   Any towing service that tows or removes vehicles and proposes to require the owner, operator or person in control of the vehicle to pay the costs of towing and storage prior to redemption of the vehicle must file and keep on record with the Police Department a complete copy of the current rates to be charged for such services, and post at the storage site an identical rate schedule and any written contracts with property owners, lessors or persons in control of property which authorize them to remove vehicles as provided in this section. The towing and storage charges, however, shall not exceed the maximum allowed by the Illinois Commerce Commission under 625 ILCS 5/18a-200.
      (6)   No person shall engage in the removal of vehicles from private property without filing a notice of intent with the Police Department at least seven days before commencing such towing.
      (7)   No removal of a vehicle from private property shall be done except upon express written instructions of the owners or persons in charge of the private property upon which, the vehicle is said to be trespassing.
      (8)   Vehicle entry for the purpose of removal shall be allowed with reasonable care on the pail of the person or firm towing the vehicle.
      (9)   Except as authorized by the Police Department, no towing service shall engage in the removal of a commercial motor vehicle that requires a commercial driver’s license to operate by operating the vehicle under its own power on a highway.
      (10)   When a vehicle has been towed or removed, it must be released to its owner or custodian within one half hour after requested, if such request is made during business hours. Any vehicle owner or custodian or agent shall have the right to inspect the vehicle before accepting its return, and no release or waiver of any kind which would release the towing service from liability for damages incurred during the towing and storage may be required from any vehicle owner or other legally authorized person as a condition of release of the vehicle. A detailed, signed receipt showing the legal name of the towing service must be given to the person paying towing or storage charges at the time of payment, whether requested or not.
   (F)   (1)   When a vehicle is determined to be a hazardous dilapidated motor vehicle pursuant to § 11-40-3.1 of the Illinois Municipal Code, being 65 ILCS 5/11-40-3.1, its removal and impoundment by a towing service shall be authorized by the Police Department.
      (2)   When a vehicle removal from either public or private property is authorized by the Police Department, the owner of the vehicle shall be responsible for all towing and storage charges.
      (3)   Vehicles removed from public or private property and stored by a commercial vehicle relocator or any other towing service authorized by the Police Department in compliance with this section and §§ 4-201 and 4-202 of Illinois Vehicle Code, being 625 ILCS 5/4-201 and 5/4-202, respectively, or at the request of the vehicle owner or operator, shall be subject to a possessor lien for services pursuant to the Labor and Storage Lien (Small Amount) Act, being 770 ILCS 50/.
   (G)   Whenever an officer issues a citation to a driver for a violation of § 11-506(a) of Illinois Vehicle Code, being 625 ILCS 5/11-506(a), the arresting officer may have the vehicle which the person was operating at the time of the arrest impounded for a period of five days after the time of arrest. Said vehicle shall release a motor vehicle impounded under this section to the registered owner of the vehicle under any of the following circumstances:
      (1)   If the vehicle is a stolen vehicle;
      (2)   If the person ticketed for a violation of
subsection (a) of § 11-506 of Illinois Vehicle Code, being 625 ILCS 5/11-506, was not authorized by the registered owner of the vehicle to operate the vehicle at the time of the violation;
      (3)   If the registered owner of the vehicle was neither the driver nor a passenger in the vehicle at the time of the violation or was unaware that the driver was using the vehicle to engage in street racing;
      (4)   If the legal owner or registered owner of the vehicle is a rental car agency; or
      (5)   If prior to the expiration of the impoundment period specified above, the citation is dismissed or the defendant is found not guilty of the offense.
   (H)   Except for vehicles exempted under § 7-601(b) of Illinois Vehicle Code, being 625 ILCS 5/7-601(b), whenever a police officer issues a citation to a driver for operating an uninsured vehicle in violation of § 3-707 of Illinois Vehicle Code, being 625 ILCS 5/3-707, and the driver has a prior conviction for a violation of § 3-707 in the past 12 months, the arresting officer shall authorize the removal and impoundment of the vehicle by a towing service.
(Ord. 2016-001, passed 1-12-2016)
§ 70.088 POLICE TOWS; REPORTS, RELEASE OF VEHICLES, PAYMENT.
   When a vehicle is authorized to be towed away as provided herein the following shall apply.
   (A)   The authorization, any hold order, and any release shall be in writing, or confirmed in writing, with a copy given to the towing service.
   (B)   The Police Department shall keep and maintain a record of the vehicle towed, listing the color, year of manufacture, manufacturer’s trade name, manufacturer’s series name, body style. Vehicle identification number, license plate year and number and registration sticker year and number displayed on the vehicle. The record shall also include the date and hour of tow, location towed from, location towed to, reason for towing and the name of the officer authorizing the tow.
   (C)   The owner, operator or other legally entitled person shall be responsible to the towing service for payment of applicable removal, towing, storage and processing charges and collection costs associated with a vehicle towed or held under order or authorization of the Police Department. If a vehicle towed or held under order or authorization of the Police Department is seized by the ordering or authorizing agency or any other law enforcement or governmental agency and sold, any unpaid removal, towing, storage and processing charges and collection costs shall be paid to the towing service from the proceeds of the sale, and that payment shall not, however, exceed the amount of proceeds from the sale, with the balance to be paid by the owner, operator or other legally entitled person.
   (D)   Upon delivery of a written release order to the towing service, a vehicle subject to a hold order shall be released to the owner, operator or other legally entitled person upon proof of ownership or other entitlement and, upon payment of applicable removal, towing, storage and processing charges and collection costs.
(Ord. 2016-001, passed 1-12-2016)
§ 70.089 RECORD SEARCHES.
   (A)   If the Police Department is unable to determine the identity of the registered owner, lienholder or other legally entitled person, of an impounded vehicle, the Police Department shall cause the vehicle registration records of the state to be searched by the Secretary of State for the purpose of obtaining the required ownership information.
   (B)   The Police Department will cause the stolen motor vehicle files of the State Police to be searched by a directed communication to the State Police for stolen or wanted information on the vehicle. The information determined from these record searches will be used to send a notification by certified mail to the registered owner, lienholder and other legally entitled persons advising where the vehicle is held, requesting a disposition be made and setting forth public sale information. Notification shall be sent no later than ten business days after the date of impoundment, provided that if the Police Department is unable to determine the identity of the registered owner, lienholder or other person legally entitled to ownership of the impounded vehicle within a ten- business day period after impoundment, then notification shall be sent no later than two days after the date the identity of the registered owner, lienholder or other person legally entitled to ownership of the impounded vehicle is determined. Exceptions to a notification by certified mail to the registered owner, lienholder and other legally entitled persons are set forth in § 4-209 of Illinois Vehicle Code, being 625 ILCS 5/4-209.
(Ord. 2016-001, passed 1-12-2016)
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