(A) When a vehicle is abandoned or left unattended on that part of a toll highway, interstate highway, or expressway within the city for two hours or more, its removal by a towing service may be authorized by the Police Department.
(B) When a vehicle is abandoned on a highway in an urban district for ten 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 12 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 ILCS Ch. 625, Act 5; 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 ILCS Ch. 625, Act 5.
(F) (1) Whenever a registered owner of a vehicle is taken into custody for operating the vehicle in violation of ILCS Ch. 625, Act 5, § 11-501 or a similar provision of a local ordinance or ILCS Ch. 625, Act 5, § 6-303, a law enforcement officer may have the vehicle immediately impounded for a period not less than:
(a) Twenty-four hours for a second violation of ILCS Ch. 625, Act 5, § 11-501 or a similar provision of a local ordinance or ILCS Ch. 625, Act 5, § 6-303 or a combination of these offenses; or
(b) Forty-eight hours for a third violation of ILCS Ch. 625, Act 5, § 11-501 or a similar provision of a local ordinance or ILCS Ch. 625, Act 5, § 6-303 or a combination of these offenses.
(2) The vehicle may be released sooner if the vehicle is owned by the person under arrest and the person under arrest gives permission to another person to operate the vehicle and that 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 would otherwise, by operating the motor vehicle, be in violation of this code.
(G) Except as provided in ILCS Ch. 625, Act 5, § 18a, the owner or lessor of privately owned real property within this city, or any person authorized by such owner or lessor, or the police department in the case of publicly owned real property may cause any motor vehicle abandoned or left unattended upon such property without permission to be removed by a towing service without liability for the costs of removal, transportation, or storage or damage caused by such removal, transportation, or storage. The towing or removal of any vehicle from private property without the consent of the registered owner or other legally authorized person in control of the vehicle is subject to compliance with the following conditions and restrictions:
(1) Any towed or removed vehicle must be stored at the site of the towing service's place of business. The site must be open during business hours, and for the purpose of redemption of vehicles, during the time that the person or firm towing such vehicle is open for towing purposes.
(2) The towing service shall within 30 minutes of completion of such towing or removal, notify the police department of such towing or removal, and the make, model, color, and license plate number of the vehicle, and shall obtain and record the name of the person at the police department.
(3) If the registered owner or legally authorized person entitled to possession of the vehicle shall arrive at the scene prior to actual removal or towing of the vehicle, the vehicle shall be disconnected from the tow truck and that person shall be allowed to remove the vehicle without interference, upon the payment of a reasonable service fee of not more than one- half the posted rate of the towing service as provided in division (6) below, for which a receipt shall be given.
(4) The rebate or payment of money or any other valuable consideration from the towing service or its owners, managers, or employees to the owners or operators of the premises from which the vehicles are towed or removed, for the privilege of removing or towing those vehicles, is prohibited. Any individual who violates this division (4) shall be guilty of a Class A misdemeanor.
(5) Except for property appurtenant to and obviously a part of a single- family residence, and except for instances where notice is personally given to the owner or other legally authorized person in control of the vehicle that the area in which that vehicle is parked is reserved or otherwise unavailable to unauthorized vehicles and they are subject to being removed at the owner or operator's expense, any property owner or lessor, prior to towing or removing any vehicle from private property without the consent of the owner or other legally authorized person in control of that vehicle, must post a notice meeting the following requirements:
(a) 1. Except as provided in division (G)(5)(b) below, the notice must be prominently placed at each driveway access or curb cut allowing vehicular access to the property within five feet from the public right-of-way line. If there are no curbs or access barriers, the sign must be posted not less than one sign each 100 feet of lot frontage.
2. As an alternative to the requirement of division (G)(5)(a) above, the notice for a parking lot contained within property used solely for a two-family, three- family, or four-family residence may be prominently placed at the perimeter of the parking lot, in a position where the notice is visible to the occupants of vehicles entering the lot.
(b) The notice must indicate clearly, in not less than two-inch high light- reflective letters on a contrasting background, that unauthorized vehicles will be towed away at the owner's expense.
(c) The notice must also provide the name and current telephone number of the towing service towing or removing the vehicle.
(d) The sign structure containing the required notices must be permanently installed with the bottom of the sign not less than four feet above ground level, and must be continuously maintained on the property for not less than 24 hours prior to the towing or removing of any vehicle.
(6) Any towing service that tows or removes vehicles and proposes to require the owner, operator, or person in control of the vehicle to pay the costs of towing and storage prior to redemption of the vehicle must file and keep on record with the police department a complete copy of the current rates to be charged for such services, and post at the storage site an identical rate schedule and any written contracts with property owners, lessors, or persons in control of property which authorize them to remove vehicles as provided in this section. The towing and storage charges, however, shall not exceed the maximum allowed by the Illinois Commerce Commission under ILCS Ch. 625, Act 5, § 18a-200.
(7) No person shall engage in the removal of vehicles from private property as described in this section without filing a notice of intent in the city, and such notice shall be filed at least seven days before commencing such towing.
(8) No removal of a vehicle from private property shall be done except upon express written instructions of the owners or persons in charge of the private property upon which the vehicle is said to be trespassing.
(9) Vehicle entry for the purpose of removal shall be allowed with reasonable care on the part of the person or firm towing the vehicle. Such person or firm shall be liable for any damages occasioned to the vehicle if such entry is not in accordance with the standards of reasonable care.
(10) Except as authorized by a law enforcement officer, no towing service shall engage in the removal of a commercial motor vehicle that requires a commercial driver’s license to operate by operating the vehicle under its own power on a highway.
(11) When a vehicle has been towed or removed pursuant to this section, it must be released to its owner, custodian, agent, or lienholder within one-half hour after requested, if such request is made during business hours. Any vehicle owner, custodian, agent, or lienholder shall have the right to inspect the vehicle before accepting its return, and no release or waiver of any kind which would release the towing service from liability for damages incurred during the towing and storage may be required from any vehicle owner or other legally authorized person as a condition of release of the vehicle. A detailed, signed receipt showing the legal name of the towing service must be given to the person paying towing or storage charges at the time of payment, whether requested or not.
(a) This section shall not apply to law enforcement, firefighting, rescue, ambulance, or other emergency vehicles which are marked as such or to property owned by any governmental entity.
(b) When an authorized person improperly causes a motor vehicle to be removed, such person shall be liable to the owner or lessee of the vehicle for the cost of removal, transportation, and storage, any damages resulting from the removal, transportation, and storage, attorney’s fee, and court costs.
(c) Any towing or storage charges accrued 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.
(12) Towing companies shall also provide insurance coverage for areas where vehicles towed under the provisions of this chapter will be impounded or otherwise stored, and shall adequately cover loss by fire, theft, or other risks.
(13) Any person who fails to comply with the conditions or restrictions of this division shall be guilty of a Class C misdemeanor and shall be fined not less than $100 nor more than $500.
(H) (1) When a vehicle is determined to be a hazardous dilapidated motor vehicle pursuant to ILCS h. 65, Act 5, § 11-40-3.1 or § 5-12002.1 of the Counties Code, its removal and impoundment by a towing service may be authorized by the Police Department.
(2) When a vehicle removal from either public or private property is authorized by a law enforcement agency, the owner of the vehicle shall be responsible for all towing and storage charges.
(3) 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 §§ 90.01 and 90.03, 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-302 and subsection (6) of ILCS Ch. 625, Act 5, § 18a-300. In no event shall such lien be greater than the rate or rates established in accordance with subsection (6) of ILCS Ch. 625, Act 5, § 18a-200. 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 chapter. 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.
(4) Any personal property belonging to the vehicle owner in a vehicle subject to a lien under this division (H) shall likewise be subject to that lien, excepting only: child restraint systems as defined in Section 4 of the Child Passenger Protection Act 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 division (4) if the person claiming the personal property provides the commercial vehicle relocator or towing service with the authorization of the vehicle owner.
(5) This division (5) applies only in the case of a vehicle that is towed as a result of being involved in a crash. In addition to the personal property excepted under division (H)(4) of this section, all other personal property in a vehicle subject to a lien under this division (H) is exempt from that lien and may be claimed by the vehicle owner if the vehicle owner provides the commercial vehicle relocator or towing service with proof that the vehicle owner has an insurance policy covering towing and storage fees. The spouse, child, mother, father, brother, or sister of the vehicle owner may claim personal property in a vehicle subject to a lien under this division (H) if the person claiming the personal property provides the commercial vehicle relocator or towing service with the authorization of the vehicle owner and proof that the vehicle owner has an insurance policy covering towing and storage fees. The regulation of liens on personal property and exceptions to those liens in the case of vehicles towed as a result of being involved in a crash are exclusive powers and functions of the state. A home rule unit may not regulate liens on personal property and exceptions to those liens in the case of vehicles towed as a result of being involved in a crash. This division (5) is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(6) No lien under this division (H) 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 chapter.
(ILCS Ch. 625, Act 5, § 4-203(a) - (g))
(I) When an abandoned, lost, stolen, or unclaimed vehicle comes into the temporary possession or custody of a person in this city not the owner of the vehicle, that person shall immediately notify the Police Department. Upon receipt of such notification, the police will authorize a towing service to remove and take possession of the abandoned, lost, stolen, or unclaimed vehicle. The towing service will safely keep the towed vehicle and its contents, and maintain a record of the tow as set forth in division (I) below until the vehicle is claimed by the owner or other person legally entitled to possession thereof or until it is disposed of as provided in this chapter. (ILCS Ch. 625, Act 5, § 4-202)
(J) When a vehicle is authorized to be towed away as provided in this section:
(1) The authorization, any hold order, and any release shall be in writing, or confirmed in writing, with a copy given to the towing service.
(2) The Police Department shall keep and maintain a record of the vehicle towed, listing the color, year of manufacture, manufacturer’s trade name, manufacturer’s series name, body style, vehicle identification number, license plate or digital license plate year and number, and registration sticker or digital registration sticker year and number displayed on the vehicle. The record shall also include the date and hour of tow, location towed from, location towed to, reason for towing, and the name of the officer authorizing the tow.
(3) The owner, operator, or other legally entitled person shall be responsible to the towing service for payment of applicable removal, towing, storage, and processing charges and collection costs associated with a vehicle towed or held under order or authorization of the police department. If a vehicle towed or held under order or authorization of the police department is seized by the police department or any other law enforcement or governmental agency and sold, any unpaid removal, towing, storage, and processing charges and collection costs shall be paid to the towing service from the proceeds of the sale. If applicable law provides that the proceeds are to be paid into the treasury of the appropriate civil jurisdiction, then any unpaid removal, towing, storage, and processing charges and collection costs shall be paid to the towing service from the treasury of the civil jurisdiction. That payment shall not, however, exceed the amount of proceeds from the sale, with the balance to be paid by the owner, operator, or other legally entitled person.
(4) Upon delivery of a written release order to the towing service, a vehicle subject to a hold order shall be released to the owner, operator, or other legally entitled person upon proof of ownership or other entitlement and upon payment of applicable removal, towing, storage, and processing charges and collection costs.
(ILCS Ch. 625, Act 5, § 4-204)
Statutory reference:
Impoundment of vehicle driven by person arrested for driving under the influence of alcohol, drugs or the like, see ILCS Ch. 625, Act 5, §