18-12-10: TOWING AND IMPOUNDING OF VEHICLES FOR PARKING VIOLATIONS:
   A.   Circumstances Precipitating Towing And Impounding: In addition to any authority granted under state law, the city manager of the city of Carbondale, through his designee, is hereby authorized to remove or cause to be removed and to impound or cause to be impounded, by an agent authorized to tow vehicles by written contract with the city, any vehicle under the following circumstances:
      1.   Parking Violation Causing Hazard: Any vehicle which is parked upon a public place in violation of any of the provisions of sections 18-12-2 through 18-12-5 of this chapter and is determined to be a hazard to vehicular or pedestrian traffic.
      2.   Unattended Vehicle: Any vehicle which is left unattended upon or under any public bridge, viaduct, or causeway, or in any tube or tunnel where such vehicle constitutes an obstruction to traffic.
      3.   Unattended Vehicle Causing Hazard/Obstruction: Any vehicle which is left unattended upon a public street and is so parked as to constitute a definite hazard or obstruction to the normal movement of traffic.
      4.   Disabled Vehicle: Any vehicle upon a public street which is so disabled as to constitute an obstruction to traffic and the person in charge of the vehicle is by reason of physical injury or otherwise incapacitated to such an extent as to be unable to provide for its custody or removal.
      5.   Law Enforcement Authority: Any vehicle found on any public street or highway which may be removed or impounded by any law enforcement official in accordance with state law.
      6.   Regulating Parking Areas By Contract: Any vehicle which is parked in violation of any of the provisions of this chapter upon any property over which the city has been empowered to regulate parking and traffic by contract pursuant to 625 Illinois Compiled Statutes 5/11-209.
      7.   Three Or More Violations: Any vehicle which is in violation of any provision of this title and has no less than three (3) outstanding parking tickets which are not pending in city court.
      8.   Handicap Violation: Any vehicle which is parked in violation of subsection 18-12-4D of this chapter (handicap violation).
      9.   Public Safety Hazard: Any vehicle which is parked upon public or private property which is determined to be interfering with or causing a hazard to public safety.
      10.   Street Maintenance: Any vehicle which is parked upon public property, including city owned property, which removal of such is necessary to perform street maintenance, repair and/or construction.
      11.   Snow Removal Route: Any vehicle towed or impounded in accordance with section 18-12-3 of this chapter (snow route removal).
      12.   Inoperable Or Unlicensed Vehicle: For purposes of this subsection A12, "inoperable motor vehicle" shall mean any motor vehicle from which the engine, wheels, or other parts have been removed, or on which the engine, wheels, or other parts have been altered, damaged, or otherwise so treated that the vehicle is incapable of being driven under its own motor power and "unlicensed vehicle" shall mean any vehicle not bearing a current license plate.
         a.   Any inoperable or unlicensed vehicle parked on private property, removed in accordance with title 17, chapter 3 of this code.
         b.   Any inoperable or unlicensed vehicle parked on public property, including city owned property, for a period of time greater than twelve (12) hours.
      13.   Public Health, Safety Or Welfare: Any vehicle which is parked upon public property, including city owned property, which removal of such is deemed necessary to promote the public health, safety and/or welfare.
      14.   Parked More Than Seventy Two Hours: Any vehicle which has been parked on a street in excess of seventy two (72) hours, or parked in violation of city ordinance in excess of seventy two (72) hours.
      15.   Additional Compliance: All tow trucks operating within the city of Carbondale shall fully comply with the requirements set out in subsection 5-13-3A of this code. (Ord. 2015-29)
      16.   City Manager Established No Parking Zones: Any vehicle parked in an area declared no parking due to an emergency or a declaration by the city manager or his designee. Any registered owner of a vehicle in violation of this section shall be liable for storage of said vehicle. (Ord. 2017-04)
   B.   Public Or Private Parking Owner Or Operator Authority: Any person or local authority owning or operating any private or public parking facility may, after notifying the police department, remove or cause to be removed to the nearest garage or other place of safety any vehicle parked within a stall or space reserved for use by the handicapped which does not display handicapped registration plates, decal or device as required under this title. The owner or operator of the vehicle shall be responsible for any costs or charges connected with the impoundment, removal and storage of any motor vehicle in violation of section 18-12-4 of this chapter.
   C.   Conditions For Release: A vehicle removed or impounded by the city as set forth herein shall be released to the person entitled to possession thereof when the costs connected with such removal, impoundment, and if applicable, storage has been paid in full or a bond posted with the city or the clerk of the circuit court, and all outstanding parking tickets, for which the time period to contest has expired, have been paid in full.
   D.   Immobilization Device: In lieu of towing and/or impounding any vehicle pursuant to subsection A of this section, a police officer or city parking attendant may attach an immobilization device commonly known as the "denver boot" to immobilize the vehicle. Any vehicle immobilized by the city through the use of such immobilization device shall be released to the person entitled to possession thereof when one of the following conditions has been met:
      1.   After a cash bond in an amount equal to the minimum fine or fines and an immobilization device removal fee to be set by the city manager for the removal of the immobilization device has been posted with the city or the clerk of the circuit court; or
      2.   After settlement by the parking violator of all claims which the city has against such violator in accordance with the schedule in section 18-12-8 of this chapter and by paying an immobilization device removal fee to be set by the city manager for the removal of the immobilization device.
   E.   Authority To Move Vehicle: No person shall move or cause to be moved any vehicle which has an immobilization device attached thereto except as authorized by a police officer or the city parking attendant.
   F.   Removal Of Immobilization Device: No person shall remove or cause to have removed from any vehicle an immobilization device placed thereon by a police officer or the city parking attendant.
   G.   Violation; Penalty: Any person who is found to have violated subsection E or F of this section shall be fined in an amount of not less than one hundred dollars ($100.00) and no more than seven hundred fifty dollars ($750.00). (Ord. 2015-29)