(A) Parking violations. Except as otherwise provided, any person accused of a violation of an ordinance prohibiting parking a vehicle in a designated area or restricting the length of time a vehicle may be there parked, may settle and compromise the claim against him or her for such illegal parking by paying to the village within 72 hours, $25 for each such offense. Such payment may be made at the police station, and a receipt shall be issued for all money so received, and such money shall be promptly turned over to the Village Treasurer. The members of the Police Department are hereby authorized to refrain from instituting a prosecution for the alleged offense involved unless this offense has not been compromised within 72 hours from the time and date of the ticket. Thereafter, a citation may be issued and once issued the penalty is controlled by division (M)(2)(d) below. For the purpose of determining penalties for parking violations, each 24 hours that a car remains illegally parked constitutes a separate violation.
(B) Towing cars away.
(1) The Police Department and all members are hereby authorized to remove and tow away or have removed and towed away by commercial towing service, any car or other vehicle illegally parked in any place where such parked vehicle creates or constitutes a traffic hazard, blocks the use of a fire hydrant or obstructs or may obstruct the movement of any emergency vehicle.
(2) Cars so towed away shall be stored on any village property or in a public garage or parking tot and shall be restored to the owner or operator thereof after payment of the expense incurred by the village in removing and storing such vehicles.
(3) The provisions of division (A) above shall not apply to:
(a) Persons parking a vehicle so as to obstruct the entrance or exit of any place where Police or Fire Department apparatus or other emergency equipment is kept or housed, or so as to block an emergency atones in a hospital;
(b) To any person charged with parking a vehicle so as to entirely obstruct traffic in any street or alley, or parking in such away as to reduce traffic on an arterial street to one-way traffic only; or
(c) To any person who refuses to move a vehicle illegally parked at the request of any member of the police department.
(C) Fire limits. It shall be a violation of this section for any person to park a motor vehicle in a designated fire lane and, upon citation, a violator shall be assessed a fine in the amount of not less than $25 for each offense;
(D) Violations.
(1) It shall be a violation of this section for any person to park a motor vehicle in an area reserved for handicapped persons who does not have:
(a) A special registration plate or parking decal or device on the vehicle issued to a physically disabled person pursuant to ILCS Ch. 625, Act 5, § 3-616;
(b) A disabled veteran registration plate pursuant to ILCS Ch. 625, Act 5, § 3-609; or
(c) A special decal pursuant to ILCS Ch. 625, Act 5, § 11-1301.2.
(2) Upon conviction, a violator shall be assessed a fine in the amount of not less than $200 for each offense.
(E) Parking at curb. No vehicle shall be parked with the left side of such vehicle next to the curb, except on one-way streets, and it shall be unlawful to stand or park any vehicle in a street other than parallel with the curb and with the two right wheels of the vehicle within 12 inches of the regularly established curb line in areas that curbs are present. In areas where curbs do not exist vehicles may be parked on the gravel shoulder or edge of the normal driving surface of the roadway with the left two (drivers side) tires on the shoulder or driving surface and the right two tires on the grass; except that, upon those streets that have been marked for angle parking, vehicles shall be parked at the angle to the curb indicated by such marks
(F) Vehicles for sale.
(1) It shall be unlawful to park any vehicle upon any street for the purpose of displaying it for sale, or to park any vehicle upon private property for sale with out the permission of the property owner and only when said property is in an area zoned for the sale of vehicles, or to park any vehicle upon any street from which vehicle merchandise is peddled or sold.
(2) It shall be permissible for a person, firm or corporation owning, leasing, occupying or having control of property to display for sale no more then one vehicle at a time for a period of no more than 60 days.
(3) Said person or entity cannot display more than two vehicles for sale on the property in any calendar year. In any event, a vehicle offered for sale under this division (F) must be legally parked as provided for in this section, legally licensed with the state and the village and registered to the person having control over the property.
(G) Loading zone. It shall be unlawful for the driver of a vehicle to stand a passenger vehicle for a period of time longer than is necessary for the loading or unloading of passengers, in any place designated by the Village Board as a loading zone and marked as such, or in any of the following designated places:
(1) At any place not to exceed 75 feet along the curb before the entrance to any hospital or hotel at any time;
(2) At any place not to exceed 75 feet along the curb line before the entrance to a public building between 8:00 a.m. and 6:00 p.m., except on a Sunday; and/or
(3) Directly in front of the entrance to any theater at any time that the theater is open.
(H) Alleys. No person shall park a vehicle within an alley, except for the purpose of loading and unloading merchandise and then in such a manner or under such conditions as to leave available less than ten feet of the width of the roadway for the free movement of vehicular traffic, end no person shall stop, stand or park a vehicle within an alley in such a position as to block the driveway entrance to any abutting property.
(I) Parking motor vehicles on private property. It shall be unlawful to park any motor vehicle on any private property without the consent of the owner of the property.
(J) Abandonment of motor vehicle.
(1) Unlawful to leave on streets. The abandonment (as defined in ILCS Ch. 625, Act 5, § 1-101.05) of a motor vehicle or any other vehicle or any part thereof on any street, alley or sidewalk within the village is unlawful. When a vehicle is abandoned on a street or roadway within the village ten hours or more, its removal by a towing service may be authorized by the Chief of Police or his or her designee. When an abandoned, unattended, wrecked, burned or partially dismantled vehicle is creating a traffic hazard because of its position in relation to the street or roadway or its physical appearance is causing the impediment of traffic its immediate removal from the street or roadway or private property adjacent to the street or roadway by a towing service may be authorized by the Chief of Police. Any vehicle towed is subject to penalties as set forth in division (M) below.
(2) Property.
(a) The abandonment of a motor vehicle or other, vehicle or any part thereof on private or public property, in view of the general public, anywhere in the village is unlawful, except on property of the owner of such abandoned vehicle and, subject to division (J)(2)(b) below, is subject to penalties as set forth in division (M)(2) below.
(b) 1. It shall be unlawful to park any motorized vehicle, camper, trailer, recreational vehicle, boat, inoperable vehicle or any part thereof on a private lot, in view of the general public, anywhere in the village unless the subject private lot is:
a. Improved with a residence or accessory structure; or
b. The subject private lot is contiguous to a lot on which there is constructed a residence or accessory structure and both lots are owned by the same individual.
2. An individual who violates this section is subject to penalties as set forth in division (M)(2) below.
(c) A vehicle or any part thereof fitting the description in divisions (J)(2)(a) or (J)(2)(b) above shall be authorized for removal by the Chief of Police after a waiting period of seven days or more, which waiting period shall commence when notice is given to the vehicle owner by the placing of a “tow tag” on the vehicle or equipment.
(d) The vehicle or equipment may be removed immediately if it is determined to be a “hazardous dilapidated motor vehicle”. For the purposes of this section, HAZARDOUS DILAPIDATED MOTOR VEHICLE means any motor vehicle with a substantial number of essential parts as defined by § 1-118 of the Illinois Vehicle Code (ILCS Ch. 625, Act 5, § 1-118), either damaged, removed or altered or otherwise so treated that the vehicle is incapable of being driven under its own motor power, or which by its general state of deterioration, poses a threat to the public health, safety and welfare. HAZARDOUS DILAPIDATED MOTOR VEHICLE shall not include a motor vehicle, which has been rendered temporarily incapable of being driven under its own motor power in order to perform ordinary service or repair operations.
(3) Removal and impoundment. Any vehicles, or parts thereof, removed under this section shall be conveyed to a vehicle impound location designated by the Chief of Police.
(4) Definition of “abandonment”. For the purpose of this division (K), ABANDONED VEHICLE shall be as defined in ILCS Ch. 625, Act 5, § 1-101.05.
(K) Inoperable motor vehicles.
(1) Definition. For the purpose of this chapter, INOPERABLE MOTOR VEHICLE means any motor vehicle from which, for a period of at least seven days the engine, wheels or other parte have been removed or on which the engine, wheels or other parts have been altered, damaged or otherwise so treated that the vehicle is incapable of being driven under its own motor power. INOPERABLE MOTOR VEHICLE shall not include a motor vehicle, which has been rendered temporarily incapable of being driven under its own motor power in order to perform ordinary service or repair operations.
(2) Nuisance declared. All inoperable vehicles whether on public or private property and in view of the general public are considered a nuisance and may be towed by the village and subject to fines as provided for in this section for the failure of any person to obey a notice received from the village to dispose of any inoperable motor vehicle under his or her control after the expiration of ten days after receiving notice of the violation. Notice shall be considered given when posted on a vehicle left on vacant property and sent by United States Mail to the property owner listed on the Tax Assessor’s rolls. If the vehicle has vehicle registration on it, the notice shall be sent to the registered owner, if different from the property owner, by United States Mail. If the vehicle is located on property which contains a residence or other building the notice shall be posted on the building, posted on the vehicle, and sent by mail to the property owner listed on the Tax Assessor’s rolls. If the vehicle has vehicle registration on it, the notice shall be sent to the registered owner, if different from the property owner, by mail. Personal service on the property owner and registered owner if different from the property owner may be made by an authorized village official or as provided for in ILCS Ch. 735, Act 5, §§ 2-203, 2-204 or 2-205.
(3) Outside storage of inoperable vehicle unlawful. The storage of an inoperable motor vehicle or any part thereof on property outside of an enclosed building anywhere in the village, except on property located in a zoning district where such storage is permitted under the village’s Zoning Ordinance, is unlawful.
(4) Issuance of citation failure to correct violation; penalty. Any person, firm or corporation owning, leasing, occupying or having control of property on which an inoperable motor vehicle is located shall be issued a non-traffic complaint citation or ordinance citation by an officer of the Village Building and Zoning Department or Village Police Department and be given a reasonable time, but not less than seven days, to correct the violation. If the owner, lessee, occupant or person, firm or corporation having control of the property fails to correct the violation within said period of time, he or she shall be charged with a misdemeanor and, upon conviction, shall be subject to a fine of not less than $25, nor more than $1,000, Each day upon which a violation exists shall be deemed a separate offense.
(L) Signs. Appropriate signs shall be posted in all areas where parking is limited or prohibited indicating such limitations or prohibitions.
(M) Prohibited parking. It shall be unlawful for the operator of any vehicle to stop, stand or park such vehicle in any of the following places, except when necessary to avoid conflict with other traffic in compliance with direction of a police officer or official traffic sign or signal.
(1) (a) In any intersection;
(b) In any crosswalk;
(c) Upon or under any bridge or viaduct or approach thereto;
(d) Between a safety zone and the adjacent curb or within 20 feet of a point on the curb immediately opposite the end of a safety zone;
(e) Within 30 feet of any traffic signal;
(f) Within 20 feet of an intersection;
(g) At any curb within 15 feet of a fire hydrant;
(h) At any place where the vehicle would block the use of a driveway;
(i) Within 20 feet of a driveway entrance to any fire department station and on the side of the street opposite the entrance to any such station within 75 feet of such entrance;
(j) It shall be unlawful for any person to park any vehicle or leave any vehicle parked or occupying any portion of any public street at such time or in such manner as will impede or impair the plowing or removal of snow from such public street after one inch of snow fall;
(k) Blocking any sidewalk;
(l) Any commercial vehicle having larger than a “B” truck plate in any residential zoned district for a period of time in excess of 30 minutes between the hours of 7:00 p.m. and 7:00 a.m. in front of the front building line of a residential dwelling;
(m) On any public street without current registration displayed on the vehicle;
(n) On any portion of any village parkway;
(o) 1. It shall be unlawful for any person to park, or for any tenant or property owner to allow to be parked, any motor vehicle, as defined in the Illinois Vehicle Code, on the grass or on any other portion of a zoning lot other than on an approved off-street parking area. An approved OFF-STREET PARKING AREA shall mean an area built on a zoning lot and intended for the parking of motor vehicles. Off-street parking areas will be constructed as provided for by village ordinances and will be constructed of an impervious surface of concrete, compacted asphalt or other approved surface as provided for in Village Building Codes.
2. In the event that a special circumstance exists and the individual having control over the property finds it necessary to park a vehicle in a front or side yard on other than an approved off street parking area, as described above, such individual may contact the Village Police Department to obtain a permit for parking of a vehicle on other than an approved off street parking area. The individual requesting permission for said parking must describe the extraordinary circumstances and temporary permission may be granted by the village’s Police Department to allow such parking.
(p) During the period of time any park or beach area is closed.
(2) (a) A vehicle parked or occupying any portion of any public street in violation hereof is hereby declared to be a nuisance which shall be abated by any police officer by issuing an ordinance citation for such violation and placing it upon such vehicle and causing such vehicle to be removed and towed or conveyed to a vehicle pound designated by the Chief of Police.
(b) The owner or authorised operator of such impounded vehicle may have the vehicle removed from the impoundment by paying all costs and expenses that have been incurred for the towage and storage of such vehicle, plus all towage and storage charges which have theretofore accrued against such vehicle during the time of his or her ownership thereof. The payment of such costs, expenses and charges shall be in addition to the penalty that may be imposed upon conviction of a violation of this section as provided hereafter.
(c) 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 name, manufacturer’s model, body style, vehicle identification number and license plate year and number displayed on the vehicle. The record shall also include the Police report number, date of the tow, who towed the vehicle, location towed to and the name of the officer authorizing the tow.
(d) 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 for the purpose of obtaining the required ownership information.
2. The Police Department will cause the stolen motor vehicle files of the State Police to be searched for stolen or wanted reformation 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 persons advising where the vehicle is held, requesting a disposition be made and setting forth public sale information.
(e) 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 idetituying the vehicle’s owner
(f) 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.
(g) Whenever an abandoned, lost, stolen or undrained 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 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 the person known by the Police Department or towing service to be legally entitled to the possession of the vehicle. 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. 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.
(h) 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 the means provided for in this section, the vehicle may be sold as provided herein or disposed of in the manner authorized by the 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 a specified by this section, it will be kept in custody for a minimum of ten days for the purpose of determining ownership the contacting of the registered owner by the U.S. Mail, public service or in person for the determination of disposition; and, an examination of the State Police stolen motor vehicle filers for theft and wanted information. At the expiration of ten-day period, without the benefit of disposition information being received from the registered owner, the Chief of Police will authorize the disposal of the vehicle as junk only.
3. A motor vehicle or other vehicle classified as an antique vehicle is excluded from this section.
(i) 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 report of the transaction will be maintained by the Police Department for a period of one year from the date of the sale or disposal.
(j) When a vehicle located within the corporate limits of the municipality is authorized to be towed away by the Chief of Police 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.
(k) 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.
(l) Any person, firm or corporation violating any of the provisions of divisions (E), (F), (G), (H), (I), (J) and (M)(1) and (M)(2) above shall, upon conviction, be fined not less than $25, nor more than $1,000, for each such conviction unless otherwise provided for in this section. Each day that a violation is permitted to exist shall constitute a separate offense.
(Ord. 01-O-19, passed 11-15-2001; Ord. 02-O-013, passed 7-11-2002; Ord. 03-O-01, passed 1-9-2003; Ord. 05-O-07, passed -28-2005)