(A) When a vehicle is abandoned on a highway in the city 10 hours or more, its removal by a towing service may be authorized by the City Police Department.
(B) When an abandoned unattended wrecked, burned or partially dismantled 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 or private property adjacent to the highway by a towing service may be authorized by the City Police Department.
(C) The owner or lessor of privately owned real property within this city or any person authorized by the owner or lessor, or the City Police Department in the case of publicly owned real property, may cause any motor vehicle abandoned or left unattended upon the property without permission to be removed by a towing service without liability for the costs of removal, transportation or storage or damage caused by the removal, transportation or storage. The towing or removal of any vehicle from private property without the consent of the registered owner or other legally authorized person in control of the vehicle is subject to compliance with the following conditions and restrictions:
(1) Any towed or removed vehicle must be stored at the site of the towing service’s place of business or the Monticello Police Department impound lot. The site or the Monticello Police Department building must be open during business hours and, for the purpose of redemption of vehicles, during the time that the person or firm towing the vehicle is open for towing purposes;
(2) The towing service shall, within 30 minutes of completion of the towing or removal, notify the City Police Department of the towing or removal and the make, model, color, license plate number, and vehicle identification number of the vehicle and shall obtain and record the name of the person at the City Police Department to whom this information was reported;
(3) If the registered owner or legally authorized person entitled to possession of the vehicle shall arrive at the scene prior to actual removal or towing of the vehicle, the vehicle shall be disconnected from the tow truck and that person shall be allowed to remove the vehicle without interference, upon the payment of a reasonable service fee of not more than 1/2 the posted rate of the towing service as provided in division (C)(6) of this section, for which a receipt shall be given;
(4) The rebate or payment of money or any other valuable consideration from the towing service or its owners, managers, or employees to the owners or operators of the premises from which the vehicles are towed or removed, for the privilege of removing or towing those vehicles, is prohibited;
(5) Except for property appurtenant to and obviously a part of a single-family residence, prior to towing or removing any vehicle from private property without the consent of the owner or other legally authorized person in control of that vehicle, must post a notice meeting the following requirements:
(a) The notice must be prominently placed at each driveway access or curb cut allowing vehicular access to the property within 5 feet from the public right-of-way line. If there are no curbs or access barriers, the sign must be posted not less than 1 sign each 100 feet of lot frontage;
(b) The notice must indicate clearly, in not less than 2-inch high light reflective letters on a contrasting background, that unauthorized vehicles will be towed away at the owner’s expense;
(c) The notice must also provide the name and current telephone number of the towing service towing or removing the vehicle; and
(d) The sign structure containing the required notices must be permanently installed with the bottom of the sign not less than 4 feet above ground level, and must be continuously maintained on the property for not less than 24 hours prior to the towing or removing of any vehicle.
(6) Any towing service that tows or removes vehicles and proposes to require the owner, operator, or person in control of the vehicle to pay the costs of towing and storage prior to redemption of the vehicle, must file and keep on record with the Monticello Police Department a complete copy of the current rates to be charged for such services and post at the storage site an identical rate schedule and any written contracts with property owners, lessors, or persons in control of property which authorize them to remove vehicles as provided in this section;
(a) The impound fee for a vehicle held at the Monticello Police Department impound lot is $30 plus a daily impound storage fee of $5 per day. The daily impound storage fee will begin being assessed the day after the vehicle has been impounded.
(b) Impounded vehicles held at the Monticello Police Department impound lot may be claimed at the Monticello Police Department Monday through Friday between 8:00 a.m. and 5:00 p.m., excluding federal, state, and local holidays.
(7) No person shall engage in the removal of vehicles from private property as described in this section without filing a notice of intent with the city, and the notice shall be filed at least 7 days before commencing the towing;
(8) No removal of a vehicle from private property shall be done except upon express written instructions of the owners or persons in charge of the private property upon which the vehicle is said to be trespassing;
(9) Vehicle entry for the purpose of removal shall be allowed with reasonable care on the part of the person or firm towing the vehicle. The person or firm shall be liable for any damages occasioned to the vehicle if the entry is not in accordance with the standards of reasonable care;
(10) When a vehicle has been towed or removed pursuant to this section, it must be released to its owner or custodian within 1/2 hour after requested, if the request is made during business hours. Any vehicle owner or custodian or agent shall have the right to inspect the vehicle before accepting its return, and no release or waiver of any kind which would release the towing service from liability for damages incurred during the towing and storage may be required from any vehicle owner or other legally authorized person as a condition of release of the vehicle. A detailed, signed receipt showing the legal name of the towing service must be given to the person paying towing or storage charges at the time of payment, whether requested or not; and
(11) Towing companies shall also provide insurance coverage for areas where vehicles towed under the provisions of this chapter will be impounded or otherwise stored, and shall adequately cover loss by fire, theft, or other risks.
(Am. Ord. 2014-49, passed 11-10-2014)
Statutory reference:
Similar provisions, see ILCS Ch. 625, Act 5, § 4-203