(A) Subject to the provisions of this section, a police officer is authorized to tow and impound, or have towed by a commercial towing service, to a place of safe storage any illegally parked, abandoned, or inoperable motor vehicle located on either public or private property which is not subject to the provisions of § 90.02.
(B) A police officer finding an illegally parked, abandoned or inoperable motor vehicle located on public property and not subject to § 90.02 shall affix to such motor vehicle an adhesive sticker in a conspicuous location informing the owner that if the motor vehicle is not removed within 72 hours, it will be towed and impounded. The contents of the notice shall be as set forth herein in § 90.07.
(C) A police officer finding an illegally parked, abandoned or inoperable motor vehicle on private property shall, upon consent of the owner of the private property, enter the property to affix to such motor vehicle an adhesive sticker in a conspicuous location informing the motor vehicle owner that if the motor vehicle is not removed within seven days, it will be towed and impounded. The contents of such notice shall be as set forth herein in § 90.07. If the owner of the private property fails or refuses to consent to the entry onto the property for the purpose of affixing notice to the motor vehicle, notice shall be sent to the motor vehicle owner and/or the property owner by first class mail. Notice sent to the person last paying property taxes on such property shall be deemed sufficient as notice to the property owner.
(D) The notice required by this section shall inform the motor vehicle owner and property owner that they have a right to a pre-tow administrative hearing before the Village President or the Village President's designated hearing officer (hereinafter collectively referred to as "hearing officer") to determine whether there is probable cause to tow and impound the motor vehicle. In order to secure such hearing, a written demand, on forms so provided for such a hearing, must be filed with the police department within 72 hours after the person has been sent notice of the impending towing and impoundment of the motor vehicle.
(E) When the identity of the owner of any abandoned or inoperable motor vehicle cannot be reasonably determined by any means provided for herein, or when the owner of such a motor vehicle has been sent notice of the impending towing and impoundment of the motor vehicle but has failed to file a timely written demand for a pre-tow administrative hearing, a police officer may impound and tow such a motor vehicle in accordance with § 90.02(A) upon the expiration of the required notice.
(F) Nothing herein shall be construed as a limitation upon the authority of any law enforcement officer to issue a traffic or parking citation or for the village to pursue any other legal remedies for the removal of any such motor vehicle.
(Ord. 654, passed 6-17-91)