Section
90.01 Definitions
90.02 Abandonment of motor vehicle; nuisance
90.03 Written notice to dispose of inoperable motor vehicle
90.04 Notification by person upon temporary possession or custody of vehicle; removal
90.05 Removal by towing service; costs
90.06 Record of towed vehicles to be maintained
90.07 Identification of unknown owner through state records; stolen vehicles
90.08 Sale or disposal of vehicle
90.09 Reclamation of vehicle by owner; report of transaction
90.10 Disposition of proceeds from public sale
90.11 Liability for damages
90.99 Penalty
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED VEHICLE. All motor vehicles or other vehicles in a state of disrepair rendering the vehicle incapable of being driven in its condition; or any motor vehicle or other vehicle that has not been moved or used for seven consecutive days or more and is apparently deserted.
ANTIQUE VEHICLE. Any motor vehicle or other vehicle 25 years of age or older.
HIGHWAY. Any street, alley, or public way within the village.
INOPERABLE MOTOR VEHICLE. Any motor vehicle from which, for a period of at least six months, the engine, wheels, or other parts have been removed, or on which the engine, wheels, or other parts have been altered, damaged, or otherwise
treated that the vehicle is incapable of being driven under its own motor power; but shall not include a motor vehicle which has been rendered temporarily incapable of being driven under its own power in order to perform ordinary service or repair operations nor to any motor vehicles that are kept within a building when not in use, to historic vehicles over 25 years of age, or to a motor vehicle on the premises of a business engaged in wrecking or junking of motor vehicles.
(Ord. 73-17, passed 8-7-73)
(A) The abandonment of a motor vehicle or other vehicle or any part thereof on any highway in this municipality is unlawful and subject to penalties as set forth in this chapter. The abandonment of a motor vehicle or other vehicle or any part thereof on private or public property, other than a highway, in view of the general public, anywhere in this municipality is unlawful except on property of the owner or bailee of such abandoned vehicle. A motor vehicle or other vehicle or any part thereof so abandoned on private property may be authorized for removal by or upon the order of the Chief of the Police Department of the municipality, after a waiting period of seven days or more has expired.
(B) Inoperable motor vehicles, and abandoned vehicles, as defined in § 90.01, whether on public or private property, are hereby declared to be a nuisance.
(Ord. 73-17, passed 8-7-73) Penalty, see § 90.99
All persons are required to dispose of any inoperable motor vehicles under their control upon written notice received from the corporate authorities of the village or from the Chief of Police, or any member of the Police Department designated by him commanding such disposition of said inoperable motor vehicle. Failure to comply with said notice within 72 hours from receipt thereof shall be deemed a violation of this chapter.
(Ord. 73-17, passed 8-7-73) Penalty, see § 90.99
When an abandoned, lost, stolen, or unclaimed motor vehicle or other 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 municipality. Upon receipt of such notification, the Chief of the Police Department shall authorize a towing service to remove and take possession of the abandoned, lost, stolen, or unclaimed motor vehicle or other vehicle. The towing service will safely keep the towed vehicle and its contents, maintain a record of the tow until the vehicle is claimed by the owner or any other person legally entitled to possession thereof, or until it is disposed of as provided in this chapter.
(Ord. 73-17, passed 8-7-73)
(A) When a motor vehicle or other vehicle is abandoned on a highway in this village, ten hours or more, its removal by a towing service may be authorized by order of the Chief of the Police Department.
(B) When an abandoned, unattended, wrecked, burned, or partially dismantled motor vehicle or other 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 by a towing service may be authorized by order of the Chief of the Police Department.
(C) When a vehicle removed from either public or private property is authorized by order of the Chief of the Police Department, the owner of the vehicle will be responsible for all towing costs.
(Ord. 73-17, passed 8-7-73)
When a motor vehicle or other vehicle is authorized to be towed away, the Police Department shall keep and maintain a record of the vehicle towed, listing the color, year of manufacturer, manufacturer's trade name, manufacturer's series name, body style, Vehicle Identification Number, and license plate year and number displayed on the vehicle. The record shall also include the date and hour of tow, location towed from, location towed to, reason for towing, and the name of the officer authorizing the tow.
(Ord. 73-17, passed 8-7-73)
(A) When the Police Department does not know the identity of the registered owner or other legally entitled person, they will cause the motor vehicle registration records of the state to be searched by a directed communication to the Secretary of State for the purpose of obtaining the required ownership information.
(B) 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 notification by certified mail to the owner or legally entitled person advising where the vehicle is held, requesting a disposition be made, and setting forth public sale information.
(C) When the registered owner or other person legally entitled to the possession of a motor vehicle or other vehicle cannot be identified from the registration files of this 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 the possession of the vehicle. The information obtained by the State Police will be immediately forwarded to the law enforcement agency having custody of the vehicle for notification of owner.
(Ord. 73-17, passed 8-7-73)
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