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(a) The Department shall issue to every licensee a registration emblem for every tow truck that the licensee provides or engages for use in the City. Registration emblems shall be issued within ten days of initial licensing under this chapter.
(b) Every licensee shall affix or display, in a manner determined by rule, a registration emblem on or in every tow truck that is used in the City. If a tow truck does not affix or display a registration emblem as required by this subsection, then the licensee shall be prohibited from using or permitting the use and operation of the tow truck in the City.
(c) The Department shall not issue a registration emblem to a licensee if the licensee has failed to pay any tax, interest, or penalty that has been assessed by the Department, unless one or more of the following conditions is true:
(1) the licensee is contesting liability for the tax in a pending administrative or judicial proceeding;
(2) the licensee has filed a petition in bankruptcy and the full amount of the tax due to the City is dischargeable in bankruptcy;
(3) the licensee has entered into an agreement with the department for the payment of the entire tax, interest, and penalty, and the licensee is in compliance with the agreement.
(d) Immediately upon the sale of any tow truck, the seller or the purchaser shall remove the registration emblem from the vehicle. It shall be unlawful for the purchaser to use the vehicle unless the registration emblem has been removed; or
(e) except as provided in subsection (c) of this section, any licensee may request that the Department issue a registration emblem if the licensee acquires or engages for use a new, used, or additional tow truck, subject to the payment of an increased license fee under Section 4-5-010(42), if applicable.
(Added Coun. J. 5-26-21, p. 30457, § 3; Amend Coun. J. 1-26-22, p. 43395, § 2)
The license fee shall be as set forth in Section 4-5-010. A separate license fee shall be required for each separate tow truck and storage lot that the licensee operates or maintains. The license shall expire on the date indicated on the face of the license.
(Added Coun. J. 5-26-21, p. 30457, § 3)
(a) Generally applicable prohibitions. It shall be unlawful for any licensee, or any employee or agent of any licensee, to:
(1) violate any requirement of Chapter 9-44 of this Code or in any rule duly promulgated thereunder;
(2) violate any requirement in the Illinois Commercial Safety Towing Law or any rule duly promulgated thereunder; or
(3) engage in any of the following practices:
(i) stop at or near the scene of a motor vehicle accident or at or near a damaged or disabled vehicle for the purpose of soliciting the vehicle owner or operator to enter into a towing service transaction in violation of Section 11-1431 of the Illinois Vehicle Code, codified at 625 ILCS 5/11-1431;
(ii) stop at or near the scene of a motor vehicle accident or at or near a damaged or disabled vehicle unless called to the location by a law enforcement officer, the Illinois Department of Transportation, the Illinois State Toll Highway Authority, or any department or sister agency of the City, the owner or operator of the damaged or disabled vehicle, or the owner or operator's authorized agent, including the owner or operator's insurer or a motor club of which the owner or operator is a member;
(iii) make any false, misleading, or threatening statement or representation, or any other false statement of material fact to the vehicle owner or operator for the purpose of, or any statement to the owner or operator which has the effect of, coercing the owner or operator to engage the licensee's towing services, including any misrepresentations that the licensee is approved by, authorized by, or otherwise affiliated with any insurance company or government agency, or that any insurance company or other third-party will pay all or any portion of the charges for the towing service transaction.
(b) It shall be unlawful for any person engaged in the business of towing to impersonate or otherwise falsely represent themselves as a member or representative of any unit of government or law enforcement agency, including through: (1) a false statement; (2) a false display of any signage, emblems, or any other distinctive signage, or any counterfeit or imitation of the foregoing; (3) any act that falsely represents that the person has a current affiliation with a unit of government or law enforcement agency; or (4) any act that falsely represents that person is a member or representative of any unit of government or law enforcement agency.
(c) Release of improperly towed vehicles. Any licensee, or any employee or agent of a licensee, that solicits or tows a vehicle in violation of subsection (a) of this section shall release such vehicle, without payment or lien, to the owner of the vehicle upon request.
(d) Additional prohibitions. It shall be unlawful for any licensee, or any employee or agent of a licensee, to violate any requirement of Chapter 9-84 of this Code or in any rule duly promulgated thereunder or violate any requirement in the Illinois Commercial Relocation of Trespassing Vehicles Law or any rule duly promulgated thereunder, if applicable.
(Added Coun. J. 5-26-21, p. 30457, § 3)
Each licensee under this chapter shall keep the following documentation, and shall produce such documentation for inspection upon request from the Department or any law enforcement agency:
(a) a list of all current and former tow truck drivers engaged by the licensee, including their name, address, date of birth, driver's license number, and periods of time during which the driver was engaged by the applicant; provided that such recordkeeping for former tow truck drivers shall only apply for one year after a driver is no longer engaged by the licensee; and
(b) records of the make, model, year, license plate number, Vehicle Identification Number (VIN), and a copy of any applicable authorization for each vehicle towed, relocated, or stored.
(Added Coun. J. 5-26-21, p. 30457, § 3)
No licensee may tow a vehicle under this chapter to a location other than a licensed storage lot operated by the licensee or a location owned or operated by a person licensed pursuant to Chapter 4-228, unless the operator or owner of the vehicle to be towed affirmatively requests such vehicle be towed to another location.
(Added Coun. J. 5-26-21, p. 30457, § 3; Amend Coun. J. 1-26-22, p. 43395, § 2)
(a) Except as provided in subsection (b) of this section, three or more violations of this chapter by any licensee, or any employee or agent of a licensee, including any licensee previously operating under a different name, on any three or more different days within any 24-month period may result in license suspension or revocation in accordance with Section 4-4-280.
(Added Coun. J. 5-26-21, p. 30457, § 3)
No person whose license under this chapter is revoked shall be granted another license under this chapter under the same or a different name for a period of four years after the date of revocation.
(Added Coun. J. 5-26-21, p. 30457, § 3)
(a) Except as otherwise provided in subsection (b) of this section, and in addition to any other penalty provided by law, any person who violates this chapter shall be subject to a fine of not less than $500 nor more than $1,000 for each offense. Each day that a violation continues shall constitute a separate and distinct offense to which a separate fine shall apply.
(b) In addition to any other penalty provided by law, any person who violates Section 4-227-080(b) shall be subject to a fine of not less than $10,000 nor more than $20,000, or imprisonment for a period not to exceed 180 days, or both, for each offense. Each violation shall constitute a separate and distinct offense.
(c) In addition to any other penalties required under this section, any vehicle used to solicit or tow a vehicle in violation of Section 4-227-080(a)(3) or 4-227-080(b) shall be subject to seizure and impoundment pursuant to this section. The owner of record of such vehicle shall be liable to the City for an administrative penalty of $10,000, in addition to fees for the towing and storage of the vehicle as provided in Section 9-92-080.
Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this section, the police officer shall provide for the towing of the vehicle to a facility controlled by the City or its agents. Before or at the time the vehicle is towed, the police officer shall notify any person identifying himself as the owner of the vehicle at the time of the alleged violation or the person who is found to be in control of the vehicle at the time of the alleged violation, if there is such a person, of the fact of the seizure and of the vehicle owner's right to request a preliminary hearing to be conducted under Section 2-14-132 of this Code by serving such person with a copy of the vehicle impoundment seizure report.
Section 2-14-132 shall apply whenever a motor vehicle is seized and impounded pursuant to this section.
(Added Coun. J. 5-26-21, p. 30457, § 3)