(A) Purpose. This section is enacted 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, and for the protection of the public rights in the use of city streets and thoroughfares.
(B) Towing procedure. Any vehicle parked in a no parking area designated by a temporary or permanent traffic sign bearing the words “NO PARKING,” or any vehicle having against it five or more unpaid parking citations or any vehicle parked on a street, highway or city owned or leased property with registration expired over six months or not displaying any form of valid registration or parked in excess of 72 hours without moving one-tenth of a mile or parked in a hazardous manner impeding the regular flow of traffic or parked blocking a driveway and a complaint is registered or signed by the occupant or owner of the premise where the vehicle is blocking the driveway shall be deemed a public nuisance and an officer, or any other agent of the Pinckneyville Police Department assigned to traffic duty are hereby authorized to remove or cause to be removed such vehicle, at the sole cost and expense of the owner thereof. Such police authority shall have the power and shall be authorized to provide for the towing of the vehicle by an authorized towing service to a facility listed on the towing list as provided in § 70.136.
(C) Notification of owner. Whenever the Police Department of the City of Pinckneyville has impounded a vehicle as described above, the officer directing the impoundment of such vehicle shall notify the person who is found to be in control of the vehicle at the time of the alleged violation, if there is such a person, of the fact that the vehicle has been seized and of the vehicle owner’s right to obtain an immediate release of the vehicle upon payment to the police agency of the administrative fee of $75, plus any and all towing and storage charges and all outstanding fines and penalties applicable to the vehicle. When no person is present to receive the notification, a notice of such removal and storage of such vehicle shall be mailed to the last registered owner of the vehicle and any person, corporation or business entity with a valid lien against the vehicle, if the name and address of such owner and lien holder can be ascertained with reasonable diligence. The notice shall state that if the person entitled to lawful possession of the vehicle does not redeem the impounded vehicle within 30 days after notice of the impoundment is given, then the vehicle shall be disposed of in accordance with the procedures set forth for disposal of unclaimed or abandoned vehicle as provided by law.
(D) Foreclosure proceeds. Notwithstanding any other provision of this section, whenever a person, corporation or business entity with a valid lien or valid security interest against a vehicle impounded under the provisions of this section has commenced or intends to commence foreclosure proceedings, possession of the vehicle shall be given to the person or agent for that entity with a valid lien to refund to the city the net proceeds of any foreclosure sale, less any amounts necessary to pay all lien holders of record, up to the total amount of penalties and fees, towing and storage costs imposed under this section.
(E) Presumptive owner responsible. The registered owner of a vehicle parked illegally or subject to being towed as provided herein shall be presumed to be the owner at the time the vehicle was illegally parked or subject to be towed and shall be severally responsible for the offenses and the impoundment, except where the use of the vehicle was secured by the operator without the owner’s consent.
(F) Safekeeping; records. It shall be the duty of the owner of the facility holding the impounded vehicles to safely keep any impounded vehicle stored at such facility until the vehicle has been repossessed by the owner or person legally entitled to possession thereof or otherwise disposed of as provided in this section. The towing company shall maintain records and a claim check system to assure release of vehicles to the rightful owner or authorized person. Such records shall be open to the Police Department for investigation of specific complaints and for compiling surveys under this section.
(G) Release of vehicles. Vehicles impounded pursuant to this chapter will be released to their lawful owner (or person entitled to possession) upon showing adequate evidence of a right to possession and upon payment to the Police Department of an administrativefee of $75, the payment of all accrued fines and costs for each outstanding unpaid citation and any and all towing and storage charges in accordance with the towing and storage fees set forth in § 70.136. All such fees and costs shall be paid through the Police Department which shall issue a release to the person entitled thereto to obtain possession of the impounded vehicle.
(H) Rules and regulations. The City Council is hereby authorized to adopt by resolution such rules and regulations as are necessary to carry out the provisions of this section.
(Ord. O-2011-14, passed 11-14-11)