A. Circumstances Authorizing Towing And/Or Impoundment Of Vehicles: The towing and/or impounding of a vehicle shall occur at the request of the police department when such towing and/or impoundment is authorized by the Illinois vehicle code or this code, or when impoundment is authorized by the police department or by any other law enforcement agency as evidence or by a court related to a crime or for the purposes of investigating a crime.
B. Towing And Storage Charges: The collection of towing and storage charges from the owner or driver of the towed and/or impounded vehicle shall be the sole responsibility of the tow operator or his employee. In addition, the village will only be responsible for paying towing fees to a towing operator where the vehicle in question is: 1) village owned; 2) a lawfully seized vehicle after forfeiture has been approved by a court, pursuant to the provision of chapter 4, article II of the Illinois vehicle code, 625 Illinois Compiled Statutes 5/4-201 et seq.; 3) an abandoned vehicle that remains unclaimed and may be disposed of as junk, pursuant to the provisions of 625 Illinois Compiled Statutes 5/4-209; or 4) where towing and impoundment is otherwise authorized by this code or the Illinois vehicle code 1 . In no event shall the village be responsible for any storage costs for any abandoned vehicle, as that term is defined in 625 Illinois Compiled Statutes 5/1-101.05.
C. Releasing Vehicles; Records: All tow operators on the rotation tow list shall be required to maintain complete records related to a tow and/or impoundment of a vehicle and a system of releasing vehicles that assures vehicles are released only to the rightful vehicle owner, or authorized person. All such records shall be open to the police department and available for inspection during the tow operator's normal business hours or at such time as there exists a dispute concerning the amount or validity of any towing or storage charges. In addition, all tow operators shall use receipt forms of a type and manner that contain adequate information pertaining to the date, time and location of the tow, the description, registration and vehicle identification number ("VIN") of the vehicle, the charges incurred, and the person(s) to whom the vehicle was released.
D. Administrative Fees And Procedures For Towing And Impounding Vehicles For Specified Violations:
1. As authorized by 625 Illinois Compiled Statutes 5/11-208.7 of the Illinois vehicle code, in order to defray the administrative and processing costs incurred by the village associated with the investigation, arrest, and detention of an offender, and the removal, impoundment, storage, and release of the vehicle driven by such offender, an administrative fee is hereby authorized and imposed which shall be in the amount of five hundred dollars ($500.00), and which administrative fee shall be in addition to any fees charged for the towing and storage of an impounded vehicle. The administrative fee shall be waived by the village upon verifiable proof that the vehicle in question was stolen at the time the vehicle was impounded. Such administrative fee under this section shall be and is hereby imposed for the following violations, in addition to any fees charged for towing and impoundment as hereby authorized pursuant to 625 Illinois Compiled Statutes 5/11-208.7 in such cases:
a. Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense for which a motor vehicle may be seized and forfeited pursuant to section 36-1 of the criminal code of 1961; or
b. Driving under the influence of alcohol, another drug or drugs, an intoxicating compound or compounds, or any combination thereof, in violation of section 11-501 of the Illinois vehicle code or of a similar provision of this code; or
c. Operation or use of a motor vehicle in the commission of, or in the attempt to commit, a felony or in violation of the cannabis control act; or
d. Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of the Illinois controlled substances act; or
e. Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of sections 24-1, 24-1.5, 24-3.1 of the criminal code of 1961; or
f. Driving while a driver's license, permit, or privilege to operate a motor vehicle is suspended or revoked pursuant to section 6-303 of the Illinois vehicle code or of a similar provision of this code; except that vehicles shall not be subjected to seizure or impoundment if the suspension is for an unpaid citation (parking or moving) or due to failure to comply with emission testing; or
g. Operation or use of a motor vehicle while soliciting, possessing, or attempting to solicit or possess cannabis or a controlled substance, as defined by the cannabis control act or the Illinois controlled substances act; or
h. Operation or use of a motor vehicle with an expired driver's license, in violation of section 6-101 of the Illinois vehicle code or of a similar provision of this code, if the period of expiration is greater than one year; or
i. Operation or use of a motor vehicle without ever having been issued a driver's license or permit, in violation of section 6-101 of the Illinois vehicle code or of a similar provision of this code, or operating a motor vehicle without ever having been issued a driver's license or permit due to a person's age; or
j. Operation or use of a motor vehicle by a person against whom a warrant has been issued by a circuit clerk in Illinois for failing to answer charges that the driver violated section 6-101, 6-303, or 11-501 of the Illinois vehicle code or of a similar provision of this code; or
k. Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of article 16 or 16A of the criminal code of 1961; or
l. Operation or use of a motor vehicle in the commission of, or in the attempt to commit, any other misdemeanor or felony offense in violation of the criminal code of 1961.
2. The following shall apply to any fees imposed for administrative and processing costs pursuant to subsection D1 of this section:
a. All such administrative fees as authorized by this section and towing and storage charges shall be imposed on the registered owner of the motor vehicle or the agents of that owner.
b. All such administrative fees as authorized by this section shall be in addition to: 1) any other penalties that may be assessed by a court of law or an administrative hearing officer for the underlying violations; and 2) any towing or storage fees, or both, charged by the towing company.
c. The fees shall be collected by and paid to the village.
d. The towing or storage fees, or both, shall be collected by and paid to the person, firm, or entity that tows and stores the towed impounded vehicle.
3. The owner of record, lessee, or a lienholder of record of any vehicle(s) impounded under this section shall have an opportunity for a hearing, as provided in subdivision (b)(4) of section 11-208.3 of the Illinois vehicle code 2 , and for the release of the vehicle(s) upon payment of all administrative fees and towing and storage fees.
4. The following additional rules and procedures shall be applicable to the impoundment and release of vehicles pursuant to this section, and to the extent inconsistent with the other provisions of this code, the rules and procedures set forth in this section shall govern and control:
a. Whenever a police officer has cause to believe that a motor vehicle is subject to impoundment as provided by this section, the officer shall provide for the towing of the vehicle to a facility authorized by the village.
b. At the time the vehicle is towed, the village shall notify or make a reasonable attempt to notify the owner, lessee, or person identifying himself or herself as the owner or lessee of the vehicle, or any person who is found to be in control of the vehicle at the time of the alleged offense, of the fact of the seizure, and of the vehicle owner's or lessee's right to an administrative hearing pursuant to this section.
c. The village shall also provide notice that the motor vehicle will remain impounded pending the completion of an administrative hearing, unless the owner or lessee of the vehicle or a lienholder posts with the municipality a cash deposit equal to the administrative fee as provided by this section and pays for all towing and storage charges.
d. The registered owner or lessee of the vehicle and any lienholder of record of any vehicle impounded pursuant to this section shall be provided with a notice of hearing. The notice shall:
(1) Be served upon the owner, lessee, and any lienholder of record either by personal service or by first class mail to the interested party's address as registered with the secretary of state;
(2) Be served upon interested parties within ten (10) days after a vehicle is impounded by the village; and
(3) Contain the date, time, and location of the administrative hearing. Notwithstanding anything in this chapter to the contrary, an initial hearing shall be scheduled and convened no later than forty five (45) days after the date of the mailing of the notice of hearing.
(4) At the conclusion of the administrative hearing, the hearing officer shall issue a written decision either sustaining or overruling the vehicle impoundment;
(5) If the basis for the vehicle impoundment is sustained by the hearing officer, any administrative fee posted to secure the release of the vehicle shall be forfeited to the village.
(6) Unless the hearing officer overturns the basis for the vehicle impoundment, no vehicle shall be released to the owner, lessee, or lienholder of record until all administrative fees and towing and storage charges are paid.
(7) Vehicles not retrieved from the towing facility or storage facility within thirty five (35) days after the hearing officer issues a written decision shall be deemed abandoned and disposed of in accordance with the provisions of article II of chapter 4 of the Illinois vehicle code.
(8) Unless stayed by a court of competent jurisdiction, any fine, penalty, or administrative fee imposed under this section which remains unpaid in whole or in part after the expiration of the deadline for seeking judicial review under the Illinois administrative review law may be enforced in the same manner as a judgment entered by a court of competent jurisdiction. (Ord. 2011-12-01, 12-14-2011)
Notes
| 1 | 1. 625 ILCS 5. |
| 2 | 1. 65 ILCS 5/11-208.3. |