(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED VEHICLE. For purposes of this section an abandoned vehicle shall be as defined in ILCS Ch. 625, Act 5, § 1-101.05, as amended from time to time.
ANTIQUE VEHICLE. Any motor vehicle or other vehicle 25 years of age or older.
HIGHWAY. Any street, alley or public way within the village.
(B) Abandonment prohibited. The abandonment of a motor vehicle or other vehicle or any part thereof on any highway in the village is unlawful and subject to penalties as set forth herein. The abandonment of a motor vehicle or other vehicle or any part thereof on public or private property, other than a highway, in view of the general public, anywhere in the village is unlawful. A motor vehicle or other vehicle or any part thereof so abandoned may be authorized for removal by or upon the order of the Chief of Police after a waiting period of seven days or more has expired or may be removed immediately if determined to be a hazardous dilapidated vehicle under ILCS Ch. 65, Act 5, § 11-40-3.1.
(C) Notice to police. When an abandoned, lost, stolen or unclaimed motor vehicle or other vehicle comes into the temporary possession or custody of a person in the state, not the owner of the vehicle, such person shall immediately notify the Police Department when the vehicle is within the corporate limits of the village. Upon receipt of such notification, the Village Marshal shall authorize a towing service to remove and take possession of the abandoned, lost, stolen or unclaimed motor vehicle or other vehicle. The towing service will safely keep the towed vehicle and its contents, maintain a record of the tow until the vehicle is claimed by the owner, or any other person legally entitled to possession thereof, or until it is disposed of as provided in this section.
(D) Removal of vehicles.
(1) When a motor vehicle or other vehicle is abandoned on a highway in the village ten hours or more, its removal by a towing service may be authorized by order of the Village Marshal.
(2) When an abandoned, unattended, wrecked, burned or partially dismantled motor vehicle or other 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 by a towing service may be authorized by order of the Village Marshal.
(3) When a vehicle removed from either public or private property is authorized by order of the Village Marshal, the owner of the vehicle will be responsible for all towing costs.
(E) Records of vehicles removed. When a motor vehicle or other vehicle is authorized to be towed away, 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 and license plate 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.
(F) Search for owner.
(1) When the Police Department does not know the identity of the registered owner or other legally entitled person, they will cause the motor vehicle registration records of the state to be searched by a directed communication to the Secretary of State for the purpose of obtaining the required ownership information.
(2) The Police Department shall cause the stolen vehicle files of the State Police to be searched by a directed communication to the State Police for stolen or wanted information on the vehicle. When the State Police files are searched with negative results, the information contained in the National Crime Information Center (NCIC) files will be searched by the State Police. The information determined from these record searches will be used by the Police Department in sending a notification by certified mail to the owner or legally entitled person advising where the vehicle is held, requesting a disposition be made and setting forth public sale information.
(G) Notice to state police. When the registered owner or other person legally entitled to the possession of a motor vehicle or other vehicle cannot be identified from the registration files of the state or from the registration files of a foreign state, if applicable, the Police Department shall notify the State Police for the purpose of identifying the vehicle1s owner or other person legally entitled to the possession of the vehicle. The information obtained by the State Police will be immediately forwarded to the law enforcement agency having custody of the vehicle for notification of owner.
(H) Reclaiming vehicles. Any time before a motor vehicle or other vehicle is sold at public sale or disposed of as provided herein, the owner or other person legally entitled to its possession may reclaim the vehicle by presenting to the Police Department proof of ownership or proof of the right to possession of the vehicle. No vehicle shall be released to the owner or other person under this section until all towing and storage charges have been paid.
(I) Sale of vehicle.
(1) Whenever an abandoned, lost, stolen or unclaimed motor vehicle or other vehicle, seven years of age or newer, remains unclaimed by the registered owner or other person legally entitled to its possession for a period of 30 days after notice has been given as provided herein, the Police Department having possession of the vehicle shall cause it to be sold at public sale to the highest bidder. Notice of the time and place of the sale shall be posted in a conspicuous place for at least ten days prior to the sale on the premises where the vehicle has been impounded. At least ten days prior to the sale, the Police Department shall cause a notice of the time and place of the sale to be sent by certified mail to the registered owner or other person known by the Police Department or towing service to be legally entitled to the possession of the vehicle.
(2) Such notice shall contain a complete description of the vehicle to be sold and what steps must be taken by any legally entitled person to reclaim the vehicle.
(3) In those instances where the certified notification specified herein has been returned by the postal authorities to the Police Department due to the addressee having moved, or being unknown at the address obtained from the registration records of the state, the sending of a second certified notice will not be required.
(J) Older vehicles.
(1) When the identity of the registered owner or other person legally entitled to the possession of an abandoned, lost or unclaimed vehicle of seven years of age, or newer cannot be determined by any means provided for in this section, the vehicle may be sold as provided herein or disposed of in the manner authorized by this section without notice to the registered owner or other person legally entitled to the possession of the vehicle.
(2) When an abandoned vehicle of more than seven years of age is impounded as specified by this section, it will be kept in custody for a minimum of ten days from the purpose of determining ownership, the contacting of the registered owner by the United States mail, public service or in person for a determination of disposition, and an examination of the State Police stolen motor vehicle files for theft and wanted information.
(3) At the expiration of the ten day period, without the benefit of disposition information being received from the registered owner, the Village Marshal will authorize the disposal of the vehicle as junk only.
(4) A motor vehicle or other vehicle classified as an antique vehicle is excluded from this section.
(K) Records. When a motor vehicle or other vehicle in the custody of the Police Department is reclaimed by the registered owner or other legally entitled person, or when the vehicle is sold at public sale or otherwise disposed of as provided in this section, a record of the transaction shall be maintained by the Police Department for a period of one year from the date of the sale or disposal.
(L) Disposition of sale proceeds. When a vehicle located within the corporate limits of the village is authorized to be towed away by the Village Marshal and disposed of as set forth in this section, the proceeds of the public sale or disposition after the deduction of towing, storage and processing charges shall be deposited in the municipal treasury.
(M) Liability of officers. Any police officer, towing service owner, operator or employee shall not be held to answer or be liable for damages in any action brought by the registered owner, former registered owner, or his or her legal representative, or any other person legally entitled to the possession of a motor vehicle or other vehicle when the vehicle was processed and sold or disposed of as provided by this section.
(N) Penalty. Any person, firm or corporation violating any provisions of this section shall be subject to a fine of not less than $200 and not more than $750 and be responsible for the village’s cost of prosecution, including reasonable attorneys fees, and payment of all towing, storage and processing charges and collection costs. Each day that a violation continues shall be considered a separate offense.
(Ord. 10-O-04, passed 1-28-2010)