(a) Implementation of Program. The Chief of Police is hereby authorized to direct and supervise a program of vehicle immobilization as provided in this section. The program of vehicle immobilization shall provide for the immobilization of any eligible vehicle upon a public way by placement of a restraint in such a manner as to prevent its operation, or if the eligible vehicle is parked or left in violation of any provision of this chapter or other applicable chapters concerning obstruction of traffic, access to or egress from driveways, alleys, fire lanes, hydrants or stations, or in any place where it constitutes an obstruction or a hazard, or where it impedes workers during such operations as snow removal, the Chief of Police may cause the eligible vehicle to be towed to a vehicle pound or be relocated to a legal parking place and there restrained.
(b) Immobilization List; Accumulated Citations. A vehicle shall be eligible for immobilization as provided herein anytime after inclusion of its State registration number on an immobilization list. A vehicle State registration number shall be included on an immobilization list only if:
(1) The registered owner of the vehicle has accumulated five or more parking citations in the Village on which no payment has been made or appearance filed within the time specified by the citations;
(2) At least twenty-one days prior to placing the registration plate number of the vehicle on the immobilization eligibility list, notice of impending vehicle immobilization has been sent to the registered owner, first class mail, postage pre-paid, at the address of the registered owner recorded with the Secretary of State or, in the case of a vehicle bearing a registration number of a State other than Illinois, at the address of the registered owner recorded in that state's registry of motor vehicles.
(c) Notice Requirements. The notice required in subsection (b) hereof shall state the name and address of the registered owner, the state registration number of the vehicle, the nature of the ordinances violated and the numbers and issue dates of the outstanding citations. The notice shall also advise that a person may challenge the validity of notice of impending vehicle immobilization by appearing in person and submitting evidence which would conclusively disprove liability, such as the following:
(1) That the person was not the owner or lessee of the vehicle on the date or dates the citations were issued;
(2) That the fines or penalties for the violations cited in the report were paid; or
(3) That the registered owner has not accumulated five or more parking citations which were unpaid, or not adjudicated, or for which no appearance has been filed.
(d) Notice of Liability for Damage to Restraint.
(1) Upon immobilization of an eligible vehicle, a notice shall be affixed to the vehicle in a conspicuous place. Such notice shall warn that the vehicle is immobilized and that any attempt to move the vehicle may result in its damage.
(2) The notice shall also state that the unauthorized removal of or damage to the immobilizing restraint is a violation of 720 ILCS 5/16-1 and 5/21. The notice shall also provide information specifying how release of the immobilizing restraint may be had and how the registered owner may obtain an immobilization hearing pursuant to this section.
(e) Towing and Impoundment. Except where the vehicle is otherwise subject to towing, if the immobilizing restraint has not been released within seventy-two hours of its placement, the restraint shall be released and the vehicle towed and impounded. Within ten days after a vehicle has been impounded, a notice of impoundment shall be sent by certified mail, return receipt requested, to the registered owner of the vehicle at the address to which the notice was mailed. The notice shall state that the owner has the right to a post-immobilization and post-towing hearing, and that if the car is not claimed within thirty days from the date of the notice, the vehicle may be sold or otherwise disposed of in accordance with this chapter.
(f) Hearings. The owner of an immobilized vehicle shall have the right to a hearing to determine whether the immobilization or any subsequent towing was erroneous or whether the vehicle was property included on an immobilization list, if the owner files a written demand for a hearing with the Village within fourteen days after issuance of the notice specified in subsection (e) hereof or within fourteen days of the immobilization, whichever is later. A hearing shall be conducted within forty-eight hours of receipt of a written demand for the same unless otherwise mutually agreed to by the parties. Failure to request or attend a scheduled hearing shall be deemed a waiver of the right to a hearing. In the event of such failure, any amount deposited pursuant to subsection (g) hereof shall be forfeited. A hearing provided by this section shall not determine the validity of or otherwise adjudicate any citation or notice of parking violation issued relative to the immobilized vehicle.
(g) Release of an Immobilized Vehicle. Prior to a hearing on the validity of the immobilization, as provided in subsection (f) hereof, the owner of an immobilized vehicle or other authorized person shall be permitted to secure release of the vehicle by:
(1) Paying the immobilization, towing and storage fees, if applicable; and
(2) Paying all the fines and penalties, if any, on the outstanding complaints specified in the notice of impending vehicle immobilization, or arranging for the payment as approved by the Chief of Police.
The fee for immobilization shall be one hundred dollars ($100.00). The fee for towing subsequent to immobilization shall be two hundred and fifty dollars ($250.00). The storage fee shall be set by the towing company at an amount not to exceed what is allowed by state law. However, no fees shall be assessed for any immobilization or tow which has been determined to be erroneous.
(h) Unauthorized Removal of Immobilization Device. No person shall relocate or tow any vehicle restrained by an immobilizing device without the approval of the Chief of Police or his designee.
(i) Suspension of Driving Privileges. Pursuant to the provisions of 625 ILCS 5/6- 306.5, the Secretary of State shall be provided a certified report indicating that:
(1) The registered owner or lessee of the vehicle has accumulated ten or more parking citations in the Village on which no payment has been made or appearance filed within the time specified by the citations and therefore requesting suspension of the registered owner's or lessee's driving privileges.
(2) Any person whose license is suspended pursuant to this section and State statute may challenge the accuracy of the certified report submitted to the Secretary of State by the Village. The challenge shall be heard by an individual to be designated by the Village President. The grounds for the challenge shall be limited to the following issues:
A. Whether the person was the owner or lessee of the vehicle or vehicles receiving ten or more parking violation notices on the date or dates such notices were issued; and
B. Whether the person has already paid the fine or penalty for the ten or more violations indicated on the certified report.
(Ord. 825. Passed 7-25-94; Ord. 1700. Passed 9-9-19.)