(A) Purpose. The purpose of this procedure is to establish policy and procedure when department personnel have cause to tow a vehicle.
(B) Policy. There are many occasions which may cause an officer to request a tow truck to respond to a scene and remove a vehicle. These requests can be classified into two categories: nonpolice tows and police tows.
(C) Procedure.
(1) Nonpolice tows. A vehicle tow report is not required for a nonpolice tow. Dispatch will record the vehicle information, including tow service contacted, on the dispatch card. At no time will an officer solicit or suggest a certain tow company be used.
(a) Motorist assist (driver requests service/tow).
1. It should be determined from the driver if he/she has a preference as to which tow company is called (example: an auto club). The officer shall then notify dispatch of the name of the company and that it is a “preference tow.”
2. If the driver has no preference for a wrecker service, the officer shall notify the dispatcher it is a “nonpreference tow”, and to send the next available tow on the tow list.
(b) Traffic accident (when owner/driver is aware).
1. If the driver has a preference, the officer will ask dispatch to contact the requested company. The dispatcher will attempt to obtain an estimated time of arrival (ETA) from the tow service, and relate that information to the officer. The officer will determine if that time frame is reasonable for removal of the vehicle, considering all circumstances, including, but not limited to, tie of day, traffic conditions, weather conditions, and road hazard conditions.
2. If the driver has no preference, or is unable to contact a wrecker able to respond in a reasonable amount of time, the officer will advise dispatch to send the next available tow on the list.
(2) Police tows. Police officers are authorized to cause the removal of a vehicle in the following circumstances:
(a) Incident to arrest.
1. It shall be the policy o the Police Department to impound any vehicle subsequent to a traffic stop resulting in the custodial arrest of the driver, except in cases where a passenger or other party is given permission by the owner or driver, to take custody of the vehicle.
2. The custodian must possess a valid drivers license and display the ability to operate the motor vehicle in a safe manner.
3. In cases where a vehicle is released to another person at an arrest scene, officers should obtain full identifiers for recipient, and after verifying license validity, indicate to dispatch the vehicle is being released to that person. A vehicle tow report is not required in this instance, however, the vehicle recipient's name, address and phone number should also be included on the incident report.
4. By the owner's request, and at the officer's discretion, a vehicle may be left parked at an arrest scene if it can be left locked and secured in a legal parking space. however, no vehicle involved in a DUI should be left at an arrest scene. Additionally, state statute allows for a six- hour hold on a vehicle if the officer reasonably, believes a subsequent violation of DUI may occur, (see ILCS Ch. 625, Act 5, § 4-203(e)).
(b) Traffic obstruction/hazard.
1. If a vehicle is parked on the roadway in such a manner as to cause an obstruction or hazard for other motorists, the officer will respond to the scene to protect same, and to determine vehicle ownership.
2. If the vehicle is unattended the officer shall request dispatch to attempt to contact the vehicle owner to arrange for its immediate removal. If the dispatcher is unable to make contact with the owner, or arrangements cannot be made for its removal within a reasonable length of time, the officer shall request a police tow of the vehicle. A parking ticket, city ordinance complaint, or traffic citation should be issued to the vehicle driver/owner.
(c) Evidence.
1. Recovered stolen vehicles and other vehicles that need to be held and/or processed as evidence, shall be impounded and a supervisor contacted. The supervisor will advise whether the vehicle will be processed at the scene or taken to another location (such as, police garage) for storage.
2. When a vehicle is taken as evidence, an evidence report must be filled out in addition to a vehicle tow report.
(d) Accident (driver/owner not aware).
1. When the driver of a vehicle involved in an accident is unconscious, incapacitated and/or otherwise unable to authorize the removal of his vehicle, the officer will request a police tow to take possession of the vehicle for safekeeping.
2. The vehicle will be searched and inventoried prior to being towed, and any items of high value should be removed from the vehicle and submitted to the Department Property Custodian. All items taken will be noted on the vehicle tow report, a copy of which will be attached to the drivers/owners copy of the accident report.
(e) Abandoned vehicle.
1. Roadway.
a. If a vehicle is reported or found unattended and abandoned along a highway or street in the city, the officer will respond to the scene. The registered owner should be determined through dispatch.
b. If the vehicle is located in such a manner as to not constitute an immediate hazard, the officer shall place a 24-hour warning sticker on the window of the vehicle. The sticker should state the time and date the vehicle was checked, and the officer should write on the sticker, “Vehicle will be towed in 24 hours”.
c. The dispatcher shall then attempt to contact the registered owner of the vehicle by phone and advise him/her of this fact. At the officer's discretion, the vehicle may be towed after a waiting period of 24 hours. A case number need not be pulled until the vehicle is towed.
2. Private property.
a. Upon receiving a complaint of an abandoned vehicle on private property, the officer shall respond to the scene to speak with the property owner/agent. The officer shall run the vehicle's registration through dispatch to determine the owner, and then attempt to contact him/her by phone (or in person if appropriate) to arrange for the removal of the vehicle.
b. If arrangements for immediate removal cannot be made, the officer shall place an orange warning sticker on the window of the vehicle. The officer shall write on the sticker, “Vehicle will be towed in seven (7) days.”
c. A case number should be pulled and report filed at the time of the complaint. The officer shall obtain the property owner/agent's written signature on the vehicle tow report at the time of the original complaint. All attempts to contact the owner should be documented in the narrative of the report.
d. After seven days the investigating officer will return to the scene. If the vehicle had not yet been removed, a tow truck will be summoned to take possession of the vehicle. If the vehicle is removed from the property before seven days have elapsed, or other arrangements have been made between the property owner and the vehicle owner, the officer should file a supplementary report indicating such and close the case.
e. Exceptions.
State law provides for the immediate removal of a vehicle trespassing on private property, when the property is obviously part of a single-family residence (such as, driveway of a house), or when notice is personally given to the driver of the vehicle that he/she is not authorized to park at that location and the vehicle is subject to removal at the owner's expense.
The property owner is not liable for the cost of removal or storage of such vehicles. (Note: this exemption may also be accomplished by property owners by posting the appropriate signs. See I.V.C. § 4-203(f) for details.)
In such cases (unauthorized vehicles parked in private residence driveways or oral notice given to drivers by property owners), officers should follow the procedure for private property tows, but may have vehicle removed immediately after obtaining the complainant's signature. A citation for trespassing on private property may be utilized as an enforcement action, with both the officer and the complainant signing the citation.
Officers should not confuse an abandoned vehicle that is trespassing on private property with an inoperative motor vehicle left on the property by the property owner.
3. City property. Complaints of abandoned vehicle on city property" (except public streets) will be handled in the same manner as private property tows (attempts to contact owner, tagging, seven-day wait). No vehicle will be towed off city property without supervisory approval.
(f) LEADS entry. Towed/impounded vehicles will not be entered into LEADS as such, except at supervisory direction.
(g) Report form. Vehicle tow reports are required for all police tows. The vehicle tow report form cannot be used as the cover sheet for traffic obstruction and abandoned vehicle reports. Therefore, it will be necessary to initiate an incident report form, in addition to the tow report, in these cases.
(h) Follow up.
1. The officer who has the case will follow up on towed vehicles. The officer will check with the tow company at least weekly to determine if the vehicle has been claimed.
2. Unclaimed vehicles shall be disposed of after proper notification and pursuant to state statute (ILCS Ch. 625, Act 5, §§ 4-203, et al.)
(i) Payment for tow service.
1. No vehicle impounded at the police station will be released until the owner can show proof of payment for the tow by providing a receipt from the tow company showing payment for the vehicle(s). A copy of the receipt will be attached to the incident and tow report by the officer receiving the receipt. No officer will accept money for towing companies.
2. It shall be the tow operator's responsibility to obtain payment for vehicles stored at their place of business.
(j) Towing companies. All towing companies used by the Police Department for no preference tows must meet the provisions established in the Illinois Vehicle Code, Chapter 95½, Section 606, and provide to the Police Department proof of insurance and copies of safety inspections to the Police Department before they can be placed on the no preference tow list. The tow vehicles must also receive a Certificate of Safety issued by the State Police.
(Ord. 792, passed 5-19-93)