(A) When a vehicle is abandoned or left unattended on that part of a toll highway, interstate highway or expressway within the village 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) Except as provided in 625 ILCS 5/18a-100 et seq., the owner or lessor of privately owned real property within this village, or any person authorized by the 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 the property without permission to be removed by a towing service without liability for the costs of removal, transportation or storage or damage caused by the 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 the vehicle is open for towing purposes.
(2) The towing service shall, within 30 minutes of completion of the towing or removal, notify the Police Department of the 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 to whom the information was reported.
(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 (E)(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.
(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 otherwise provided in division (E)(5)(a)2. 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. In a municipality with a population of less than 250,000, as an alternative to the requirement of division (E)(5)(a)1. 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) (a) 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 these 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.
(b) The towing and storage charges, however, shall not exceed the maximum allowed by the state’s Commerce Commission under 625 ILCS 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 village, and the notice shall be filed at least seven days before commencing the 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) (a) Vehicle entry for the purpose of removal shall be allowed with reasonable care on the part of the person or firm towing the vehicle. The person or firm shall be liable for any damages occasioned to the vehicle if the entry is not in accordance with the standards of reasonable care.
(b) 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.
(10) 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 the 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, the 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.
(11) 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.
(F) When a vehicle is determined to be a hazardous dilapidated motor vehicle pursuant to 65 ILCS 5/11-40-3.1 or 55 ILCS 5/5-12002.1, its removal and impoundment by a towing service may be authorized by the Police Department.
(625 ILCS 5/4-203(a) - (d), (f), (g)(1))
(G) When a vehicle is removed as set forth herein, the owner of the vehicle shall be responsible for all towing and storage charges. Vehicles may become subject to a lien as set forth in 625 ILCS 5/4-203(g) for unpaid charges.
(H) Whenever a peace officer issues a citation to a driver for a violation of street racing, as set forth in 625 ILCS 5/11-506, the arresting officer may have the vehicle which the person was operating at the time of the arrest impounded for a period of five days after the time of arrest. An impounding agency shall release a motor vehicle impounded under this division (H) to the registered owner of the vehicle under any of the following circumstances:
(1) If the vehicle is a stolen vehicle;
(2) If the person ticketed for a violation of 625 ILCS 5/11-506(a) was not authorized by the registered owner of the vehicle to operate the vehicle at the time of the violation;
(3) If the registered owner of the vehicle was neither the driver, nor a passenger in the vehicle at the time of the violation or was unaware that the driver was using the vehicle to engage in street racing;
(4) If the legal owner or registered owner of the vehicle is a rental car agency; or
(5) If, prior to the expiration of the impoundment period specified above, the citation is dismissed or the defendant is found not guilty of the offense.
(625 ILCS 5/4-203(h))
(I) (1) When an abandoned, lost, stolen or unclaimed vehicle comes into the temporary possession or custody of a person in this village not the owner of the vehicle, that person shall immediately notify the Police Department. Upon receipt of this notification, the police will authorize a towing service to remove and take possession of the abandoned, lost, stolen or unclaimed vehicle.
(2) The towing service will safely keep the towed vehicle and its contents, and maintain a record of the tow as set forth in division (J) 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.
(625 ILCS 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.
(625 ILCS 5/4-204)
Statutory reference:
Impoundment of vehicle driven by person arrested for driving under the influence of alcohol, drugs or the like, see 625 ILCS 5/4-203(e)