(A) Any person who drives any vehicle with a willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
(B) No person shall transport, carry, or possess or have any alcoholic liquor in or upon or about any motor vehicle, except in the original package and with the seal unbroken.
(C) It shall be unlawful to operate any vehicle in the municipality in negligent or careless manner or so as to unnecessarily endanger life and property.
(D) (1) No person shall throw or deposit upon any street or alley any glass bottles, glass, nails, tacks, wire, cans, or any substance likely to injure any person, animal, or vehicle upon such street or alley. Any person who drops or permits to be dropped or thrown upon any street or alley any destructive, harmful, or injurious material, shall immediately remove same or cause it to be removed.
(2) Any person removing a wrecked or damaged vehicle from a street or alley shall remove any glass or injurious or harmful substances dropped on the street or alley from such vehicle.
(F) No vehicle shall be driven or moved on a street or alley unless such vehicle is so constructed or loaded as to prevent any of its cargo from dropping, shifting, leaking, or otherwise escaping therefrom.
(G) No person shall operate upon any street or alley any vehicle with any cargo unless said cargo and any covering thereon is securely fastened to prevent said covering or cargo from coming loose, detached or becoming in any manner a hazard to any street, alley, or the users thereof.
(H) No vehicle shall be left unattended while the motor of said vehicle is running and no person operating or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, and removing the key.
(I) It shall be unlawful for any person or persons to occupy or encumber any street, alley, or sidewalk by standing, sitting, or remaining upon the same or to cause persons to assemble thereon or by placing merchandise or any article or thing thereon so as to prevent the free and convenient passage of persons or vehicles upon and over the entire area of such street, alley, or sidewalk, nor shall any person obstruct or endanger the free passage of persons or vehicles along any street, alley, or sidewalk by playing any game therein or thereon.
(J) (1) Whenever any motor vehicle without a driver is found parking or stopping in violation of any of the laws imposed by ordinance of this City and if any officer of the City shall observe such violation, such police officer shall attach to such vehicle a notice to the owner or operator thereof that such vehicle has been parked or operated in violation of a provision of any such ordinances which said notice shall contain the license number of such vehicle, the date and time thereof, other information relative to the violation alleged and any other facts, the knowledge of which is necessary to a thorough understanding of the circumstances attending such violation, and further instructing such owner or operator to report to the City of Mt. Vernon in regard to such violation.
(2) Such owner or operator may, within forty-eight hours of the time when such notice was attached to such vehicle, pay to the City of Mt. Vernon as a penalty for and in full satisfaction of such violation, the sum of ten dollars ($10.00). The failure of such owner or operator to make such payment within said forty-eight hours shall render such owner or operator subject to the penalties provided for the violation of any of the City ordinances.
(K) Members of the Police Department are hereby authorized to remove without notice to the owner a vehicle to the nearest garage or other place of safety or to a garage designated or maintained by the Police Department or otherwise maintained by the City under the circumstances hereinafter enumerated;
(1) When any vehicle is left unattended upon any bridge, viaduct, or causeway or in any tube or tunnel where such vehicle constitutes an obstruction to traffic.
(2) When a vehicle upon a highway is so disabled as to constitute an obstruction to traffic and the person or persons in charge of the vehicle are by reason of physical injury incapacitated to such an extent as to be unable to provide for its custody or removal.
(3) When any vehicle is left unattended on a street and is so parked illegally as to constitute a definite hazard or obstruction to the normal movement of traffic.
(4) When any vehicle is 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.
(5) When any vehicle reasonably appears to be lost or stolen.
(6) (a) When any vehicle cannot be removed by its operator or when any vehicle is required to be placed into the custody of law enforcement because of the arrest of the operator or other occupant of the vehicle or because of the violation of the Illinois Vehicle Code or violation of any other provision of local, state or federal law.
(b) The owner of any motor vehicle removed by authorization of the Mt. Vernon Police Department shall be responsible for all towing (including storage) charges and the administrative fee imposed by subsection (N) herein, except for that removal pursuant to subsection (K)(2) and (K)(5) shall not be subject to the administrative fee unless the owner or operator shall have been issued a violation of the Illinois Vehicle Code or of any other provision of local, state, or federal law.
(L) (1) Whenever an officer removes a vehicle from a street as authorized in Section (K) and the officer knows or is able to ascertain from the registration record in the vehicle the name and address of the owner thereof, such officer shall immediately give or cause to be given notice in writing to such owner of the fact of such removal and the reasons therefor and of the place to which such vehicle has been removed.
(2) The officer shall also keep and maintain a record of the vehicle removed, listing the color, year of manufacture, manufacturer’s trade name, manufacturer’s series name, body style, vehicle identification number, license plate year and number, and registration sticker year and number displayed on the vehicle. The record shall also include the date and hour of removal, reason for removal, and name of officer authorizing the removal.
(3) In the event any such vehicle is stored in a public garage, a copy of such notice shall be given to the proprietor of such garage. Whenever an officer removes a vehicle from a street under Section (K) and does not know and is not able to ascertain the name of the owner or for any other reason is unable to give the notice to the owner as hereinbefore provided and in the event the vehicle is not returned to the owner within a period of three (3) days, then and in that event the officer shall immediately send or cause to be sent written reports of such removal by mail to the State Department whose duty it is to register vehicles and shall file a copy of such notice with the proprietor of any public garage in which the vehicle may be stored. Such notice shall include a complete description of the vehicle, the date, time and place from which removed and reason for such removal, name of the garage or place where the vehicle is stored.
(4) Such vehicle shall then be processed and disposed of in accordance with Subsection (M) of the Revised Code.
(M) (1) The abandonment of a vehicle or any part thereof on any highway or street in this municipality is unlawful and subject to penalties as set forth within the Revised Code. The abandonment of a vehicle or any part thereof on private or public property other than a highway in view of the general public anywhere in this City, is unlawful except on property of the owner or bailee of such abandoned vehicle.
(2) When an abandoned vehicle comes into the temporary possession or custody of a person in this 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 City.
(3) A vehicle shall be presumed to be an “abandoned vehicle” for the purposes of this Section when:
(a) The vehicle or any part thereof is parked or left unattended on private property without authorization of the owner of the property or on public property other than a highway in view of the general public for a period of seven days or more; or
(b) The vehicle or any part thereof is parked or left unattended on a highway or street within the City 10 hours or more.
1. An abandoned vehicle may be authorized to be removed or towed by the members of the police department, provided however, that prior to the removal of an abandoned vehicle, written notice personally served or written notice by certified mail return receipt requested shall be given to the registered owner. Said notice shall identify the vehicle, identify the location of the vehicle, state the factual basis for towing and presumption of abandonment, and advise that, unless the vehicle is removed by the owner within 72 hours, it will be removed by the police department as an abandoned vehicle. Said notice shall also state that the owner may appear before the Building Official for the City of Mt. Vernon within the 72 hours and show cause why the vehicle should not be removed as an abandoned vehicle. In addition, a notice shall be placed upon the vehicle identifying the vehicle as an abandoned vehicle and stating that the vehicle will be removed by the Police Department after a lapse of 72 hours from the date appearing on the notice unless the vehicle is removed by the owner or unless the owner contacts the Building Official for the City of Mt. Vernon and shows cause why it should not be removed.
2. When removal of a vehicle from either public or private property is authorized by order of the Police Department pursuant to subsection (M), the owner of the vehicle shall be responsible for all towing costs( including storage) and the administrative fee imposed by (N) herein.
(c) 1. When a vehicle is authorized to be removed, the Police Department shall keep and maintain a record of the vehicle removed, listing the color, year of manufacture, manufacturer’s trade name, manufacturer’s series name, body style, vehicle identification number, license plate year and number, and registration sticker year and number displayed on the vehicle. The records shall also include the date and hour of removal, location removed from, location removed to, reason for removal, and the name of the officer authorizing the removal.
2. When the Police Department does not know the identity of the registered owner or other legally entitled person, they will cause the State Motor Vehicle Registration records to be searched by a directed communication to the Secretary of State for the purpose of obtaining the required ownership information.
3. The Police Department will cause the stolen motor 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 notice by certified mail to the owner or legally entitled person, advising that the vehicle has been removed by the Police Department, advising where the vehicle has been removed to, advising as to the legal or factual basis for the determination that the vehicle was abandoned, requesting a disposition be made, and setting forth public sale information.
4. When the registered owner or other person legally entitled to the possession of the 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 vehicle’s owner or other person legally entitled to possession of the vehicle.
5. The information obtained by the State Police will be immediately forwarded to the law enforcement agency having custody of the vehicle for notification of the owner.
6. At any time before a 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 of possession of the vehicle. No vehicle shall be released to the owner or other person under this Section until all towing and storing charges have been paid; provided, however, that the owner or such person may appear before the Building Official for the City of Mt. Vernon and show cause why he should not be required to pay the towing and storage charges.
7. Whenever an abandoned, lost, stolen, or unclaimed motor 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 thirty (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 (10) 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. 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.
8. In those instances where the certified notification given after removal of the vehicle 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 the certified notice pertaining to the sale of the vehicle will not be required.
9. 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 Ordinance, the vehicle may be sold as provided herein or disposed of in the manner authorized by the Ordinance without notice to the registered owner or other person legally entitled to the possession of the vehicle.
10. When an abandoned vehicle of more than seven years of age is impounded as specified by this Ordinance, it will be kept in custody for a minimum of 10 days for the purpose of determining ownership, the contacting of the registered owner by mail, by 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. At the expiration of the 10-day period without the benefit of disposition information being received from the registered owner, the Chief of Police will authorize the disposition of the vehicle as junk, except that if in the opinion of the Police Officer processing the vehicle it has a value of $200 or more and can be restored to safe operating condition, the Police Chief or his designee may authorize its purchase as salvage, provided the requirements of State law are met.
11. A vehicle classified as an antique vehicle may, however, be sold to a person desiring to restore it.
12. When a motor 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 by this Ordinance, a report of the transaction will be retained by the Police Department for a period of one year from the date of the sale or disposal.
13. When a vehicle located within the corporate limits of the City is authorized to be removed by the Chief of Police and disposed of as set forth in this Ordinance, the proceeds of the public sale or disposition after the deduction of towing, storage, and processing charges shall be deposited in the municipal treasury.
14. 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 legal representative, or any other person legally entitled to the possession of a motor vehicle when the vehicle was processed and sold or disposed of as provided by this Ordinance.
(N) Except as otherwise provided within the (K) when any vehicle is removed or towed pursuant to the authorization of the Mt. Vernon Police Department, an administrative fee of $100.00 shall be imposed and collected prior to release of the motor vehicle to its owner or other authorized person; collection of said administrative fee shall be effected pursuant to the towing policy and procedures of the Mt. Vernon Police Department.
(Prior Code, Art. 18, § 18.19)