A. Authorization: The provisions of this section shall authorize the towing and impounding of vehicles, within the village. This section shall not impair the authority provided under any other applicable village ordinance or regulation, but rather shall be read to provide additional authority to authorized village employees, to have vehicles towed and impounded.
B. Towing And Impounding Authorized: Village police officers, code enforcement officers and their authorized designees shall be authorized to have a vehicle towed and impounded as authorized under any other applicable village ordinance or regulation, and also under the following conditions:
1. A vehicle is involved in a traffic stop or is otherwise stopped during or as a component of the investigation of a potential traffic or criminal violation, which investigation results in the arrest of the driver of the vehicle.
2. A vehicle is illegally parked upon or is illegally trespassing upon property owned by the village, other than a roadway or public right of way.
3. A vehicle is reasonably believed to have been the scene of a crime or is reasonably believed to have or contain evidence of a crime or other unlawful activity.
4. A vehicle is subject to being seized or towed under any applicable federal, state or local ordinance, statute, code or regulation, including, but not limited to, vehicles eligible for towing under:
a. 625 Illinois Compiled Statutes 5/11-1302;
b. 625 Illinois Compiled Statutes 5/11-208.7;
c. 725 Illinois Compiled Statutes 150/1;
d. 720 Illinois Compiled Statutes 5/36-1;
e. 625 Illinois Compiled Statutes 5/4-203.
5. A vehicle is parked in a location that presents an immediate and unwarranted threat to public health, welfare or safety, including, but not limited to:
a. Vehicles parked in front of fire hydrants, fire doors, fire lanes, or other similar locations.
b. Vehicles parked in a location so as to block ingress or egress from any village municipal facilities or parking lot.
c. Vehicles parked in a location so as to block ingress or egress from any other public entity's property, including, but not limited to, the Pingree Grove Fire Protection District.
d. Vehicles parked in a location so as to block ingress or egress from any hospital, urgent care center or other emergency medical facility.
e. Vehicles parked within a roadway (other than within a designated parking zone).
f. Vehicles on or in dangerously close proximity to railroad tracks.
g. Vehicles that are on or in close proximity to a public right of way, that have become immobilized due to mechanical difficulty, weather conditions, or for any other cause.
h. Vehicles in such other location that is determined, by the village agent or employee ordering the towing, to be unsafe or unlawful, in their absolute and sole discretion.
7. A vehicle is illegally parked on private property for which the village has a valid traffic enforcement agreement that permits towing without property owner notification or consent, or is illegally parked on private property and the property owner consents to the tow.
C. Towing Not Required: In the event that a vehicle is eligible to be towed and the village officer or agent involved determines that the vehicle does not require towing (e.g., a vehicle involved in a traffic stop resulting in the driver being arrested, where the vehicle is either lawfully parked or capable of being lawfully driven by another, properly licensed occupant in the vehicle), the village officer or agent may elect to not have the vehicle towed or impounded, or may elect to have the vehicle towed and impounded, in his or her absolute and sole discretion.
D. Warrant Or Other Authority: In the event a police officer believes that a vehicle contains evidence of a crime or other unlawful activity but the officer lacks legal authority to seize the vehicle and have it towed, the officer shall be authorized to promptly seek and secure a search warrant or other similar authority to authorize the seizure, towing and/or search of the vehicle.
E. Towing And Impoundment: Any village agent or employee authorized to order the towing of a vehicle under this section shall utilize the tow rotation procedures established by the chief of police. The chief shall be authorized to establish a towing rotation, qualifications for participating towing vendors, and any towing related regulations for use by village personnel. Any vehicle towed or impounded under this section shall be retained by the party towing the vehicle until: 1) all outstanding fines, penalties, fees, interest, or other charges whatsoever have been paid to the village and the party towing the vehicle, in full; 2) the vehicle is ordered to be released from impound by an administrative hearing officer; 3) the vehicle is ordered to be released from impound by a court having jurisdiction over the matter; or 4) the vehicle is ordered to be released from impound by the village administrator, police chief, or their designee. Any time a vehicle is towed, the village may require that such vehicle be towed to the village police station or another location approved by the chief of police. Any company towing a vehicle, where the tow is initiated by the village and/or where a vehicle is seized by the village, shall comply with the village's requirements and shall deposit the vehicle where instructed, at no additional charge. The owner of the vehicle shall still remain liable for any costs incurred in towing. The chief of police shall be authorized to set storage fees for any vehicle retained at the impound lot, provided that such fees shall only be assessed after a vehicle is available for pick up by the owner of said vehicle (i.e., no longer needed for evidentiary purposes). The owner of said vehicle shall be responsible for payment of all towing and storage charges prior to release of the vehicle.
F. Towing Policy: The chief of police is and shall be authorized to approve changes, amendments or modifications to the village's official towing policy from time to time, without requiring approval of the village board or amendment of this chapter. Use of a "Denver boot" or other vehicle immobilization device, and use of towing and impoundment of vehicles is and shall be authorized in accordance with the requirements of the then current towing policies established by the chief of police.
G. Presumption Of Ownership: In the case of any parking citation or handicapped parking violation issued by or on behalf of the village, regardless of whether such citation is issued in the form of a mail in citation, or whether such citation is prosecuted through the village's administrative hearings or through the circuit court, the provisions of this subsection shall apply. As the village's parking citations are civil in nature, the village exercises its authority to determine the liability of owners for the parking of vehicles registered in their name, within the corporate limits of the village.
1. Citation Issued To Occupied Vehicle: In the case of any citation issued to a vehicle which is occupied or claimed by a driver at the time of issuance of the citation, the citation shall be issued and prosecuted in the name of the driver or person claiming responsibility.
2. Citation Issued To Unoccupied Vehicle: In the case of any citation issued to a vehicle which is unoccupied and unclaimed by a driver at the time of issuance, the citation shall be issued to the registered owner of the vehicle.
a. In all such cases, there shall be a rebuttable presumption that the registered owner of the vehicle is the party responsible and liable for the vehicle's parking, violation of village or state code or ordinance, and resulting fines, penalties and other liabilities.
b. For any parking citation issued to the owner of an unoccupied vehicle, the village may accept payment for such citation from any party or person.
c. For any parking citation issued to an unoccupied vehicle, the only party that shall be authorized or entitled to contest the parking citation and/or to request an administrative hearing on such citation is the registered owner to whom such vehicle is registered.
(1) In the event that the registered owner contests such a citation on the basis that a driver or person other than the registered owner was operating the vehicle and/or parked the vehicle unlawfully, the registered owner shall nonetheless be liable for the parking, violation of village or state code or ordinance, and resulting fines, penalties and other liabilities unless:
(A) The registered owner produces a police report and other documentation acceptable to the party reviewing the citation, demonstrating that at the time the citation was issued, the vehicle had been reported stolen; or
(B) The registered owner produces documentary or testimonial evidence demonstrating that at the time the citation was issued, an individual, discrete, expressly named person identified by the registered owner had actual custody of the vehicle and had personally parked the vehicle and incurred the parking citation.
(2) It shall not be a defense to a citation issued to the registered owner of an unoccupied vehicle that such vehicle was leased, rented, loaned or otherwise utilized by a third party, in the absence of proof that the vehicle was under such person's actual direct operation at the time that the citation was issued.
H. Temporary Parking Restrictions Imposed: The chief of police and any designees thereof shall be authorized to impose temporary parking restrictions (limited hours, limited types of vehicles, etc.) or parking prohibitions (no parking permitted) within the village.
1. Duration Of Restrictions: Said temporary restrictions may be imposed for a period of no more than sixty (60) days at a time.
2. Method Of Posting/Notice: No such temporary parking restrictions shall be enforced until at least forty eight (48) hours have passed since the posting of temporary signs in the affected area, indicating the applicable restrictions. Said temporary signs shall be enforceable for the time that they remain posted. In the event of an emergency that requires less notice, the temporary restrictions may be imposed and enforced upon the provision of personal notice to any vehicles parked in the area of the temporary signs at the time of their posting, and the temporary signs shall indicate the time at which the temporary restrictions shall take effect.
3. Enforcement: Once forty eight (48) hours have passed after the posting of temporary signs, the temporary parking restrictions may be enforced in the same fashion as any other village parking restriction, and shall have the effect of village ordinance. Because such temporary restrictions are intended to be utilized in circumstances where the village determines that parking presents a public safety threat, any vehicle parked in violation of the temporary parking restrictions shall be subject to a minimum fine of one hundred dollars ($100.00), and shall be subject to immediate towing.
4. Removal Or Tampering With Temporary Parking Restriction Signs: It shall be unlawful to move, remove, alter or tamper with any temporary parking restriction signs posted by the village. Any such violation shall be subject to a fine of not less than five hundred dollars ($500.00). (Ord. 2012-O-29, 12-3-2012; amd. Ord. 2023-O-18, 10-2-2023)