A. Purpose: The impoundment of vehicles under authority of the provisions of this section shall be construed as an enforcement procedure for protection of the public peace, safety and welfare and the safeguarding of property and shall be used generally for the prevention and removal of traffic hazards, prevention and abatement of public nuisances arising from traffic law violations, protection of the public rights in the use of city streets, highways and roadways from obstructions placed and left in derogation of those rights and for safeguarding and protecting recovered stolen vehicles. (1976 Code § 27-9-1)
B. Authority Of Police To Impound Vehicles: Members of the police department are authorized within the limits set forth in this section to impound vehicles under the circumstances hereinafter enumerated. No impoundment shall be valid unless made under order of an authorized police officer and in strict adherence with the procedures required in this section. (1976 Code § 27-9-2; amd. Ord. O-30-93, 10-4-1993; Ord. O-06-2014, 3-3-2014)
C. Owner Of Record: "Owner of record" shall mean a person who holds legal title of a vehicle, a person who has registered a vehicle in his name with the state, or in the event a vehicle is subject to an agreement for a conditional sale, lease, or mortgage which vests an immediate right of possession in the conditional vendee, lessee, or mortgagor, then such conditional vendee, lessee, or mortgagor shall be deemed the owner for the purpose of this section.
D. Violations Authorizing Impoundment: A motor vehicle, operated with the permission, express or implied, of the owner of record, that is used in connection with the following violations, shall be subject to tow and impoundment by the city, and the owner of record of said vehicle shall be liable to the city for an administrative fee in addition to any towing and storage fees, as hereinafter provided:
1. Any offense for which a motor vehicle may be seized or forfeited pursuant to 720 Illinois Compiled Statutes 5/36-1.
2. Driving under the influence of alcohol or drugs or intoxicating compounds.
3. Operation or use of a vehicle in connection with the commission or attempted commission of any felony offense in violation of the provisions of the Illinois cannabis control act, 720 Illinois Compiled Statutes 550/1 et seq.
4. Operation or use of a vehicle in connection with the commission or attempted commission of any offense in violation of the Illinois controlled substance act, 720 Illinois Compiled Statutes 570/100 et seq.
5. Unlawful use of a weapon in violation of 720 Illinois Compiled Statutes 5/24-1, aggravated discharge of a firearm, 720 Illinois Compiled Statutes 5/24-1.5, or unlawful possession of a firearm and firearm ammunition, 720 Illinois Compiled Statutes 5/24-3.1.
6. Fleeing and eluding a police officer, 625 Illinois Compiled Statutes 5/4-103.2.
7. Reckless driving or aggravated reckless driving, 625 Illinois Compiled Statutes 5/11-503.
8. Drag racing, 625 Illinois Compiled Statutes 5/11-504.
9. Driving with a suspended or revoked license, 625 Illinois Compiled Statutes 5/6-303.
10. Operation of a motor vehicle with suspended registration, 625 Illinois Compiled Statutes 5/3-708.
11. Violation of city ordinance(s) regarding noise/amplification systems.
12. Violation of city ordinance(s) regarding excessive muffler noise.
13. Violation of city ordinance(s) regarding unlawful possession or consumption of alcohol by a minor.
14. Unlawful transportation or possession of alcohol in a motor vehicle.
15. Arrest and detention of driver. Whenever the driver or person in charge of any vehicle is placed under arrest and taken into custody and detained by police under circumstances which leave or will leave a vehicle unattended.
16. Vehicles creating traffic hazard. A vehicle left unattended and so parked illegally as to constitute a definite hazard or obstruction to the normal movement of traffic.
17. Vehicles parked in prohibited zones. Any unattended vehicle parked at the street curbing of any zone where parking is prohibited.
18. Vehicles blocking fire exits or hydrants. Any vehicle illegally parked in such a manner that it blocks a fire escape ladder, device or exit or blocks ready access to a fire hydrant.
19. Vehicles parked in intersections. Any unattended vehicle parked in any street intersection.
20. Vehicles trespassing on private property:
a. An unattended vehicle found to be in violation of subsection 6-3-4K of this title may be impounded when the required complaint has been properly made and filed as provided in this section.
b. If a violation of the provisions of subsection 6-3-4K of this title occurs, the owner or legal occupant who complains shall sign a complaint against the person parking the vehicle on the owner's or legal occupant's property, or if the identity of the person parking the vehicle is unknown, then the complaint may be filed against the registered owner of the vehicle. The complaint shall be verified and shall allege that the complaining party is the owner or legal occupant of the property upon which the vehicle is parked or standing.
c. Upon filing of the complaint by the property owner or legal occupant, and if there appears to be proper cause to believe the provisions of subsection 6-3-4K of this title have been violated, the police department shall cause the vehicle to be impounded from the property and placed in storage.
E. General Regulations:
1. This section shall not replace or otherwise abrogate any existing state or federal laws pertaining to vehicle seizure, towing and impoundment, and the owner shall be subject to these penalties in addition to any penalties that may be assessed by a court for any criminal charges.
2. This section shall not apply if the vehicle used in the violation was stolen at the time and the theft was reported to the appropriate police authorities within twenty four (24) hours after the theft was discovered.
3. Fees for towing and storage of a vehicle under this section shall be those approved by the chief of police or his designee for all tow companies authorized to tow for the police department.
F. Notice: Whenever a police officer has probable cause to believe that a vehicle is subject to tow and impoundment pursuant to this section, the police officer shall arrange the towing of the vehicle by a towing company approved by the city. Thereafter the police officer shall cause written notice to be issued to the owner of record either in person or at his last known address or the address registered with the Illinois secretary of state, and shall include the following:
1. Year, make, model, and license plate number (if known) of the vehicle towed;
2. Date and approximate time of towing;
3. Location of vehicle at time of towing;
4. Name and address of towing company;
5. Nature of the violation; (Ord. O-08-2006, 3-6-2006)
6. State owner has option of: a) paying towing fees, storage fees, and administrative fee of three hundred fifty dollars ($350.00) to city for release of vehicle in final disposition of matter; or b) requesting an administrative hearing; (Ord. O-08-2006, 3-6-2006; amd. Ord. O-11-2011, 4-18-2011)
7. Procedure to request an administrative hearing, and statement that the owner of record must request an administrative hearing within ten (10) days of the vehicle being impounded; and (Ord. O-08-2006, 3-6-2006)
8. Procedure for posting three hundred fifty dollars ($350.00) cash payment for immediate release of vehicle pending administrative hearing, as described in subsection G of this section.
G. Posting Cash Payment: If an owner of record has requested an administrative hearing regarding the towing of his vehicle, but wishes to post a cash payment to allow the immediate release of the vehicle, the owner of record must post a three hundred fifty dollar ($350.00) payment to the city. The city shall issue a receipt to the owner, and the owner must take the receipt to the towing company. The towing company shall release the vehicle to the owner upon full payment of all towing and storage fees incurred to date. Upon final adjudication at the administrative hearing as described in subsection H of this section, the three hundred fifty dollar ($350.00) payment shall be applied toward any judgment issued in favor of the city, or shall be returned to the owner if a finding is entered in favor of the owner. (Ord. O-08-2006, 3-6-2006; amd. Ord. O-11-2011, 4-18-2011)
If the owner fails to pay the administrative tow fee and/or related towing and storage fees pending the administrative hearing and a finding is entered in favor of the owner, the city shall not be responsible for any towing fees and storage charges which may have accrued.
H. Hearing: If the owner of record requests an administrative hearing, the city shall issue notice at least five (5) days prior to the hearing in person or via U.S. mail to the owner of record the hearing location, date and time. The hearing shall be conducted by a hearing officer, designated by the city, and in accordance with the procedures set forth in title 1, chapter 15 of this code governing administrative hearings. If there is a conflict between the terms of this section and title 1, chapter 15 of this code, the terms of this section shall control. (Ord. O-08-2006, 3-6-2006)
If, after the hearing, the hearing officer determines that the vehicle was used in connection with a violation set forth in subsection D of this section, the hearing officer shall enter an order finding the owner of record of the vehicle civilly liable to the city for an administrative fee in the amount of three hundred fifty dollars ($350.00) and requiring the vehicle to continue to be impounded until the owner pays the administrative fee to the city, plus fees to the tower for the towing and storage of the vehicle. If the owner of record fails to appear at the hearing, the hearing officer shall enter a default order in favor of the city. If the hearing officer finds no such violation occurred, the hearing officer shall order the immediate return of the owner's vehicle or cash payment without fees. (Ord. O-08-2006, 3-6-2006; amd. Ord. O-11-2011, 4-18-2011)
I. Administrative Fee: If an administrative fee is imposed pursuant to this section, such fee shall constitute a debt due and owing the city. If a cash bond has been posted pursuant to this section the bond shall be applied to the fee. If a vehicle has been impounded when an administrative fee is imposed, the city may seek to obtain a judgment on the debt and enforce such judgment against the vehicle as provided by law. Except as otherwise provided in this section, a vehicle shall continue to be impounded until the fee is paid to the city and any applicable towing fees are paid to the tower, in which case possession of the vehicle shall be given to the person who is legally entitled to possess the vehicle or the vehicle is sold or otherwise disposed of to satisfy a judgment to enforce a lien as provided by law. If the administrative fee and other applicable fees are not paid within thirty (30) days after an administrative fee is imposed against an owner of record who defaults by failing to appear at the hearing, the vehicle shall be deemed unclaimed and shall be disposed of in the manner provided by law for the disposition of unclaimed vehicles. In all other cases, if the administrative fee and other applicable fees are not paid within thirty (30) days after the expiration of time at which administrative review of the hearing officer's determination may be sought, or within thirty (30) days after an action seeking administrative review has been resolved in favor of the city, whichever is applicable, the vehicle shall be deemed unclaimed and shall be disposed of in the manner provided by law for the disposition of unclaimed vehicles under the Illinois vehicle code. (Ord. O-08-2006, 3-6-2006)
Notes
| 1 | 1. See chapter 6 of this title for regulations regarding abandoned, wrecked vehicles. |