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(A) Subject to the provisions of division (A)(2) below, a police officer is authorized to immediately tow and impound, or to have towed by a commercial towing service to a place of safe storage:
(1) Any motor vehicle known to be stolen; or
(2) Any illegally parked, abandoned, inoperable or otherwise unattended motor vehicle which, by its position in relation to any highway, street, alley or public parking facility or by its physical location obstructs or may obstruct traffic, blocks the use of a fire hydrant, blocks the use of a private driveway, obstructs or may obstruct the movement of any emergency vehicle, is parked in a posted tow away zone or otherwise endangers the public safety.
(B) The owner of any motor vehicle towed pursuant to division (A)(2) above has a right to a post-tow administrative hearing as provided herein to determine whether there was probable cause to tow and impound the motor vehicle. The owner must file a written demand with the Police Department within five business days after the owner has been notified that the motor vehicle was towed and impounded.
(Prior Code, § 10.16.040) (Ord. VG09-002, passed 2-26-2009)
(A) Subject to the provisions of this section, a police officer is authorized to tow and impound, or to 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 § 7.15.020.
(B) A police officer finding an illegally parked, abandoned or inoperable motor vehicle located on public property and not subject to § 7.15.020 shall affix to the 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 in § 7.15.045.
(C) A police officer finding an illegally parked, abandoned or inoperable motor vehicle on private property shall, upon consent of the owner or tenant of the private property, enter the property to affix to the 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 the notice shall be as set forth in § 7.15.045. If the owner or tenant 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 the property shall be deemed sufficient as notice to the property owner.
(D) The notice required by this section shall inform the motor vehicle owner, property owner or tenant that they have a right to a pre-tow administrative hearing before the Mayor or the Mayor’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 the hearing, a written demand, on forms so provided for a hearing, must be filed with the Village Clerk within 72 hours after the person has been provided 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 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 a motor vehicle 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 motor vehicle.
(Prior Code, § 10.16.050) (Ord. VG09-002, passed 2-26-2009)
(A) A pre-tow hearing or a post-tow hearing required by this chapter shall be conducted before a Hearing Officer within 48 hours of receipt of a written demand from the person seeking the hearing, unless the person waives the rights to a speedy hearing. Saturdays, Sundays and village holidays are to be excluded from the calculation of the 48-hour period.
(B) The Hearing Officer shall be someone other than the person who directed the towing and impoundment of the motor vehicle.
(C) The sole issue before the Hearing Officer shall be whether there is or was probable cause to tow and impound the motor vehicle in question.
PROBABLE CAUSE to tow and impound shall mean such a state of facts as would lead a person of ordinary care and prudence to believe that there is or was a sufficient breach of local, state or federal law to grant legal authority for the impoundment and towing of the motor vehicle, or in the case of abandoned or inoperable motor vehicles located upon private property; that the motor vehicle constitutes a public nuisance under the terms of this chapter.
(D) The Hearing Officer shall conduct the hearing in an informal manner and shall not be bound by technical rules of evidence. The Police Department shall carry the burden of establishing that there is or was probable cause to tow and impound the motor vehicle in question. At the conclusion of the hearing, the Hearing Officer shall prepare a written decision in accordance with § 7.15.035. A copy of the decision shall be provided to the person demanding the hearing and to the registered owner of the motor vehicle (if not the person requesting the hearing).
(E) The motor vehicle owner shall have the right to appeal the Hearing Officer’s decision to the Gardner Village Council within seven days following the date of the Hearing Officer’s decision. A motor vehicle owner shall request an appeal on forms provided by the village, and the appeal shall be considered by the Village Council at the next regularly scheduled Village Council meeting, subject to the Illinois Open Meetings Act. The Village Council shall review the Hearing Officer’s decision de novo. Following an appeal, the Village Council’s decision shall be final and the hearing process shall be concluded and immediately enforceable.
(F) Failure of the motor vehicle owner to request or attend a scheduled pre-tow administrative hearing or appeal shall be deemed a waiver of the right to the hearing or appeal as the case may be.
(Prior Code, § 10.16.060) (Ord. VG09-002, passed 2-26-2009)
(A) In a pre-tow hearing required by this chapter, the Hearing Officer shall only determine as to the motor vehicle in question either that there is probable cause to tow and impound the motor vehicle or that there is no probable cause. In the event that the Hearing Officer determines that there is probable cause to tow and impound the motor vehicle, the Hearing Officer shall prepare and date a certificate of probable cause which will authorize the Police Department to tow and impound the motor vehicle. In the event that the Hearing Officer determines that there is no probable cause to tow and impound the motor vehicle, the Hearing Officer shall prepare and date a certificate of no probable cause which will prohibit the Police Department from impounding and towing the motor vehicle. Copies of the certificate of probable cause or the certificate of no probable cause, whichever is appropriate, shall be given to the Police Department, the motor vehicle owner and the property-owner. If the Hearing Officer’s decision is appealed to the Village Council, all enforcement activities shall be stayed. If the decision of the Hearing Officer is not timely appealed, the opportunity for an appeal shall be deemed waived, and the decision of the Hearing Officer is final.
(B) In a post-tow hearing required by this chapter, the Hearing Officer shall only determine as to the motor vehicle in question either that there was probable cause to impound and tow the motor vehicle or, that there was no such probable cause. In the event that the Hearing Officer determines that there was probable cause to impound and tow the motor vehicle, the Hearing Officer shall prepare and date a certificate of probable cause, copies of which shall be given to the Police Department, the commercial towing service having possession of the motor vehicle, and the motor vehicle owner. In the event that the Hearing Officer determines that there is no probable cause to tow and impound the motor vehicle, the Hearing Officer shall prepare and issue a certificate of no probable cause, copies of which shall be given to the above-named parties. Upon presentment of the certificate of no probable cause to the commercial towing service having possession of the motor vehicle by the motor vehicle owner, the towing service shall release the motor vehicle, and the village shall pay the towing and storage fees. If the owner of the motor vehicle fails to present the certificate of no probable cause to the commercial towing service having possession of the motor vehicle within 24 hours of its receipt (excluding the days when the commercial towing service is not open for business), the owner of the motor vehicle shall assume liability for all subsequent storage charges. If the Hearing Officer’s decision is appealed to the Village Council, all enforcement activities shall be stayed. If the decision of the Hearing Officer is not timely appealed, the opportunity for an appeal shall be deemed waived, and the decision of the Hearing Officer is final.
(Prior Code, § 10.16.070) (Ord. VG09-002, passed 2-26-2009)
(A) When the identity of the motor vehicle owner is ascertainable by the means provided for herein, notice of the right to an administrative hearing shall be given in the following manner:
(1) By leaving a copy of the notice with the owner of the motor vehicle personally; and/or
(2) By sending a copy of the notice to the last known address of the owner of the motor vehicle.
(B) When the identity of the owner of the motor vehicle cannot be determined by any means provided for herein, notice of the right to a pre-tow administrative hearing shall be given by affixing same to the motor vehicle in the form of a conspicuously located adhesive sticker.
(C) It shall be presumed for purposes of this chapter that notice sent to the last known registered owner at his or her last known address (or any other person entitled to notice under this chapter) will be deemed delivered within 72 hours of the sending of the notice via regular mail. Personal service shall be effective immediately.
(Prior Code, § 10.16.080) (Ord. VG09-002, passed 2-26-2009)
The notice of a hearing required to be given under this chapter shall contain the following information:
(A) Name of the owner of the motor vehicle, if it is available;
(B) Description of the motor vehicle;
(C) Location of the motor vehicle (before and after in the case of a post-tow hearing;
(D) Nature of violation of law;
(E) Right to a pre-tow or post-tow hearing, whichever is applicable;
(F) Manner in which to request a pre-tow or post-tow hearing; and
(G) The owner of the motor vehicle shall be responsible for the expenses of towing and storage if it is determined that there is or was probable cause for the tow.
(Prior Code, § 10.16.090) (Ord. VG09-002, passed 2-26-2009)
When the identity of the owner of a motor vehicle is not known by the police officer authorizing the towing and impoundment of the motor vehicle, the Police Department will cause:
(A) A computerized motor vehicle title search based upon the vehicle identification number (VIN) through the records of the State of Illinois or other states as the investigating officer may reasonably determine; and
(B) A computerized motor vehicle registration records search of the State of Illinois or any other states as the investigating officer may reasonably determine for the purpose of obtaining the required ownership information; and
(C) A computerized records search of the stolen motor vehicle files of the State of Illinois and the National Crime Information Center (NCIC).
(Prior Code, § 10.16.100) (Ord. VG09-002, passed 2-26-2009)
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