(A) Removing vehicles.
(1) Whenever any police officer finds a vehicle standing upon a state, county, township, or other public highway in violation of any of the provisions of this chapter, such officer is authorized to move such vehicle, or require the driver or other person in charge of the vehicle to move the same, to a position off the paved or improved or main-traveled part of such highway.
(2) Whenever a member of the Lake County or Township Highway Department finds an abandoned or disabled vehicle standing upon the paved or main-traveled part of a highway, in violation of §§ 71.04 and 71.05 of this chapter, which vehicle is or may be expected to interrupt the free flow of traffic on the highway or interfere with the maintenance of the highway, said member has the authority, but not the duty, to move the vehicle to a position off the paved or improved or main-traveled part of the highway.
(B) Parking tickets.
(1) The Lake County Sheriff or his or her designee(s) shall issue an arrest ticket in the case of each motor vehicle stopping, standing or parking in violation of the provisions of this chapter. Such arrest ticket shall be placed upon the motor vehicle and shall constitute service of a notice to appear on the owner and operator thereof.
(C) Impoundment.
(1) Any police officer is hereby authorized to immediately remove or cause to be removed and impounded at the expense of the owner any vehicle found upon any state, county, township, or other public highway or bridge when:
(a) Report has been made that such vehicle has been stolen or taken without the consent of the owner;
(b) When the person driving or in control of such vehicle is arrested for an alleged offense for which the officer is required by law to take the person arrested before the proper judicial official without unnecessary delay;
(c) Said vehicle is creating an unsafe condition on the state, county, township, or other public highway or bridge; and
(d) Said vehicle significantly hinders the efficient movement of traffic.
(2) Any police officer may order the removal and impoundment, at the expense of the owner, of any other vehicle found upon any state, county, township or other public highway and bridge:
(a) When the vehicle lacks license registration and the police officer places upon the vehicle a notice informing the owner of the vehicle that the vehicle will be towed and impounded by a certain date; and
(b) When the vehicle possesses current license registration, notice shall be given by registered or certified mail to the owner of said vehicle as reflected in the license. Such notice shall inform the owner of the vehicle that the vehicle will be towed and impounded upon a certain date should the owner not remove the vehicle prior to that time.
(3) Whenever any vehicle shall be ordered removed and impounded, it shall become the duty of the Lake County Sheriff’s Office to take possession of and safely keep the same until any such vehicle shall have been repossessed by the owner or other person legally entitled to possession thereof or otherwise disposed of as hereinafter provided.
(4) The Lake County Sheriff’s Office shall keep an accurate record of the description of any such vehicle, including the name of the officer ordering the removal and impoundage, the person, firm, or corporation, if any, employed to tow or deliver the same, and the charges, if any, therefore, the date, time and place of the removal and impoundage, the make and color of car, style of body, vehicle identification number, year built, state license number, city vehicle license number, equipment, and general description of condition. Such record shall be a public record and shall be available for public inspection.
(D) Redemption.
(1) Whenever a motor vehicle is removed and impounded, the Lake County Sheriff’s Office shall promptly notify the owner or other person legally entitled to possession of such vehicle of the fact. Said notice shall be made by certified or registered mail.
(2) When a vehicle is removed from either public at private property as authorized by the Lake County Sheriff’s Office, the owner of the vehicle will be responsible for all towing and storage costs.
(3) Before the owner or person entitled to possession of any towed vehicle shall be permitted to redeem the same from the Lake County Sheriff's Office or its towing designee, he or she shallfurnish sufficient evidence of his or her identity and ownership of the vehicle; present a receipt for towing and storage charges and expenses; and shall sign a receipt for the vehicle.
(b) Alternatively, request that an immediate hearing be set for determination of whether or not his or her vehicle was properly towed and impounded. Said hearing shall be set before the Circuit Court within 24 hours of request, not including weekends or court holidays. If the Court shall determine that the vehicle was towed without cause the vehicle shall be returned immediately to the owner without cost or charge. Should the Court determine that the vehicle was towed and impounded correctly under this chapter, the vehicle shall not be released without payment of towing and storage charges.
(4) Notification shall be made to the proper state authorities of the impoundment and intent of sale at public auction should legal owners fail to make claim for the impounded vehicle. All notifications and any sale at public auction of impounded vehicles shall coincide and conform with §§ 5/4-201 through 5/4-215 of the Illinois Vehicle Code (625 ILCS 5/4-201 through 5/4-215) and as amended from time to time. No person may make claim or reimbursement for an auctioned vehicle against the County of Lake if said owner or other person legally entitled to possession of said vehicle fails to respond to proper notification.
(5) Said vehicle shall be disposed of in accordance with the provisions of the Illinois Vehicle Code as amended from time to time.
(1977 Code, § 4:1-4) (Ord. passed 11-19-1985; Ord. 15-0380, passed 4-14-2015)