§ 76.004  TOWING OR HAULING AWAY.
   (A)     When a vehicle is abandoned or left unattended on a toll highway, interstate highway, or expressway for two hours or more, its removal by a towing service may be authorized by a law enforcement agency having jurisdiction.
   (B)     When a vehicle is abandoned on a highway in an urban district 10 hours or more, its removal by a towing service may be authorized by the police department.
   (C)     When a vehicle is abandoned or left unattended on a highway other than a toll highway, interstate highway, or expressway, outside of an urban district for 24 hours or more, its removal by a towing service may be authorized by the police department.
   (D)     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 the police department.
   (E)   Whenever a peace officer reasonably believes that a person under arrest for a violation of ILCS Ch. 625, Act 5, § 11-501 or a similar provision of a local ordinance is likely, upon release, to commit a subsequent violation of ILCS Ch. 625, Act 5, § 11-501, or a similar provision of a local ordinance, 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 twelve hours after the time of arrest.  However, such vehicle may be released by the arresting law enforcement agency 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 law enforcement agency, 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 this chapter; 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 law enforcement agency, 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 this chapter.
(ILCS Ch. 625, Act 5, § 4-203(a) - (e))
   (F)   (1)   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 costs.
      (2)   Vehicles removed from public or private property and stored by a commercial vehicle relocator or any other towing service authorized by a law enforcement agency in compliance with this section and §§ 76.002 and 76.003, 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. The provisions of Section 1 of that act relating to notice and implied consent shall be deemed satisfied by compliance with ILCS Ch. 625, Act 5, §§ 18a-300(6) and 18a-302.  In no event shall such lien be greater than the rate or rates established in accordance with ILCS Ch. 625, Act 5, § 18a-200(6).  In no event shall such lien be increased or altered to reflect any charge for services or materials rendered in addition to those authorized by this title.  Every such lien shall be payable in cash or by cashier’s check, certified check, debit card, credit card, or wire transfer, at the option of the party taking possession of the vehicle.
      (3)   Any personal property belonging to the vehicle owner in a vehicle subject to a lien under this subsection (F) shall likewise be subject to that lien, excepting only: child restraint systems as defined in ILCS Ch. 625, Act 25, § 4, and other child booster seats; eyeglasses; food; medicine; perishable property; any operator’s licenses; any cash, credit cards, or checks or checkbooks; any wallet, purse, or other property containing any operator’s license or other identifying documents or materials, cash, credit cards, checks, or checkbooks; and any personal property belonging to a person other than the vehicle owner if that person provides adequate proof that the personal property belongs to that person. The spouse, child, mother, father, brother, or sister of the vehicle owner may claim personal property excepted under this subsection (F)(3) if the person claiming the personal property provides the commercial vehicle relocator or towing service with the authorization of the vehicle owner.
      (4)   No lien under this subsection shall exceed $2,000 in its total amount; or be increased or altered to reflect any charge for services or materials rendered in addition to those authorized by this title.  (ILCS Ch. 625, Act 5, § 4-203(g)(2)-(4), (g)(6))
(Ord. 6461, passed 5-10-77; Am. Ord. , passed    ; Am. Ord. 7140, passed 8-20-85)