The Police Department may remove, or have towed away by a commercial towing service, any illegally parked vehicle, and certain legally parked vehicles, under the following circumstances:
(a) Emergencies. Vehicles illegally parked in a fire zone, as provided in Section 480.03
(s), within fifteen feet of a fire hydrant located on a corner at intersecting streets, and within seven and one-half feet on either side of all other fire hydrants, as provided in Section 480.03(d), on a bridge, as provided in Section 480.03(j), and parked illegally during a snow emergency, as provided in Section 486.03
(a), or in a traffic lane of any street or roadway, as provided in Section 480.03
(r), are hereby declared to create emergency situations and may be immediately towed away without notice.
(b) Unforeseen Emergencies. In the event of an unforeseen emergency, such as a water main break or a fallen tree, an otherwise legally parked vehicle may be towed by a commercial towing service at the direction of the Chief of Police, or his or her designee, to the commercial towing service's storage lots. All tows will be completed solely at the vehicle owner's expense, including but not limited to, any towing charges and storage fees which may be charged by the commercial towing service.
(c) Nonemergencies.
(1) Motor vehicles blocking driveways. Upon complaint or observation of any illegally parked motor vehicle upon any public property, which blocks the ingress or egress to a property, said motor vehicle may be immediately towed away without notice.
(2) Except as provided in subsection (a) hereof, upon complaint or observation of any illegally parked motor vehicle upon any public or private property, an authorized representative of the City shall issue a notice to the owner of such illegally parked motor vehicle as follows:
A. For a motor vehicle with proper registration and licensing, notice shall be sent by certified or registered mail, return receipt requested, or by personal delivery as provided in Section 2-203 of the Illinois Code of Civil Procedure; or
B. For a motor vehicle without identifiable licensing, registration or ownership, the notice shall be affixed to the illegally parked motor vehicle in a conspicuous location.
(3) The notice provided in paragraph (c)(2) hereof shall contain the following information:
A. That the vehicle is parked illegally as defined by this Traffic Code;
B. That the owner has three days within which to remove the motor vehicle;
C. That the owner is entitled to a hearing concerning the City's decision to classify the vehicle as illegally parked;
D. That a request for a hearing must be made within three days of the date of the notice; and
E. That the failure of the owner to remove the motor vehicle will subject the motor vehicle to being towed and stored at the owner's expense and will subject the owner of the motor vehicle to the penalties prescribed in Section 480.99.
(4) The Police Department is hereby authorized to cause the towing, removal and storage of any motor vehicle which is in violation of this chapter, and whose owner has not removed or caused the removal of such motor vehicle after the service of the notice as provided in this subsection within the three-day period. The owner of the vehicle towed shall be financially responsible for the costs of such towing, removal and storage.
(5) Upon the towing and removal of the illegally parked motor vehicle, the City shall keep and maintain a record of the vehicle towed, including the following information concerning such vehicle:
A. The color;
B. The year of manufacture;
C. The manufacturer's trade name;
D. The manufacturer's series name;
E. The body style;
F. The vehicle identification number;
G. The license plate;
H. The license plate number;
I. The registration sticker year;
J. The registration number displayed;
K. The date and hour of the tow;
L. The location from which such vehicle was towed;
M. The location to which such vehicle was towed;
N. The reason for the tow; and
O. The City employee authorizing the tow.
(6) A person who fails to remove such motor vehicle within three days of the delivery of the receipt of the first parking citation shall be deemed to be in violation of this chapter.
(7) The failure of the owner of an inoperable motor vehicle to remove such vehicle duly served as required by this section upon the expiration of the three-day period shall subject the vehicle to removal and possible disposal in accordance with Section 4-201 et seq. of Chapter 4, Article II, of the Illinois Vehicle Code, as adopted in Section 420.01.
(d) Recovery of Towed Vehicles. Illegally parked vehicles which are towed shall be stored on the commercial towing service’s storage lots. After towing, every effort shall be made to notify the owner or lawful possessor of the illegally parked vehicle of the location of the vehicle and of the right of the owner or lawful possessor to recover possession of the vehicle. Any owner or lawful possessor of a towed vehicle, before the same is returned to his or her possession, shall be required to pay all outstanding parking fines and other fines in connection therewith, towing charges and storage charges.
(e) Disposition of Unclaimed Vehicles. In the event the owner or lawful possessor of a towed motor vehicle does not reclaim the same within six months of the date it is towed away, the City may sell the same at auction or destroy it. Before doing so, the City will obtain a court order permitting such disposition.
(1977 Code §49-111; Ord. 78-26. Passed 4-3-78; Ord. 79-39. Passed 6-18-79; Ord. 91-73. Passed 10-21-91; Ord. 2001-49. Passed 11-19-01; Ord. 2021-84. Passed 11-1-21.)