The towing or removal of any vehicle from private property without the consent of the owner or operator of the vehicle is subject to compliance with the following conditions and restrictions, in accordance with 625 Illinois Compiled Statutes 5/4-201 et seq.:
A. Tow Truck And Towed Vehicle Rear Lights: Any tow truck operating within the city of Carbondale shall have rear lights that comply with all requirements of the state of Illinois. In addition, where a towed unit, behind a towed vehicle or any load thereon partially or totally obscures the rear lamps displaying red lights to the rear of the tow truck, the rearmost towed unit shall be equipped with two (2) portable lamps, temporarily attached to the towed vehicle, displaying red lights visible from a distance of not less than one thousand feet (1,000') to the rear of the such towed unit which are positioned in such a manner as to not obstruct the visibility of the red light as to any vehicle operator approaching from the rear of such vehicle or combination of vehicles, and with appropriate cable, and with cushions to protect the towed vehicle's finish. In addition, all tow trucks operating within the city of Carbondale, shall utilize straps and tie downs as specified by the tow truck manufacturer.
B. Owner's Consent: No motor vehicle may be towed by a tow truck operator if it is parked in the space in which it is authorized to park without the vehicle owner's consent.
C. Written Request: Before a tow truck operator may remove an unauthorized vehicle from private property, the tow truck operator must first obtain a written request from the property owner, the property owner's authorized agent or the lessee of the private property to remove the specific vehicle in question, unless the tow truck operator has been given written authorization to remove all unauthorized vehicles from said private property. Any payment of any kind by a tow truck operator to a property owner, lessee or property manager for permission to tow any vehicle is prohibited.
D. Posted Signs: When any owner, authorized agent or lessee of private property gives written authorization to a tow truck operator to remove all unauthorized vehicles from a private parking area, signs shall be posted pursuant to section 5-13-4 of this chapter and the written authorization shall, upon city request, be filed with the city clerk and Carbondale police department. Any payment of any kind by a tow truck operator to a property owner, lessee or property manager for permission to tow any vehicle is prohibited.
E. Sticker System: When a property owner utilizes a sticker system to indicate who is allowed to park in an area, those stickers must be of a quality such that they readily adhere to window glass, and do not readily fall off. A hang tag system is permitted in lieu of a sticker system.
F. Termination: Except upon the termination of tenancy, no property owner may terminate parking permission without first informing the permit holder in person or in writing of the termination. The burden of proof of showing termination given to the permit holder shall be on the tow truck operator and property owner. (Ord. 2015-17)