ORDINANCE NO. 2021-15
AN ORDINANCE AMENDING SECTIONS 10-5.1-5 (TOWING AND IMPOUNDMENT), 10-5.1-6 (HEARINGS) AND 10-5.1-7 (RELEASE OF IMMOBILIZED VEHICLE) OF CHAPTER 5.1 OF TITLE 10 (VEHICLE IMMOBILIZATION PROGRAM)
 
ADOPTED BY THE
PRESIDENT AND THE BOARD OF TRUSTEES
OF THE
VILLAGE OF RIVER GROVE
 
THIS 20 TH DAY OF MAY, 2021
 
Published by authority of the President and Board of Trustees of the Village of River Grove, Cook County, Illinois this 20th day of May, 2021.
VILLAGE OF RIVER GROVE
COOK COUNTY, ILLINOIS
 
ORDINANCE NO. 2021-15
AN ORDINANCE AMENDING SECTIONS 10-5.1-5 (TOWING AND IMPOUNDMENT), 10-5.1-6 (HEARINGS) AND 10-5.1-7 (RELEASE OF IMMOBILIZED VEHICLE) OF CHAPTER 5.1 OF TITLE 10 (VEHICLE IMMOBILIZATION PROGRAM)
 
   WHEREAS, the Village of River Grove (“Village”) is a home-rule unit of local government under and pursuant to §6 of Article VII of the Constitution of the State of Illinois and has the authority to exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power to regulate for the protection of the public health, safety, morals, and welfare; and
   WHEREAS, in an effort to improve the effectiveness and efficiency of the Village’s street and parking regulations, the Police Department has recommended that the Corporate Authorities amend Sections 10-5.1-5 (Towing and Impoundment), 10-5.1-6 (Hearings), and 10-5.1-7 (Release of Immobilized Vehicle) of Chapter 5.1 of Title 10, establishing the Village’s Vehicle Immobilization Program; and
   WHEREAS, the Corporate Authorities deem such amendments necessary and appropriate for maintaining the public health, safety, morals, and welfare of the community.
   NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of River Grove, Cook County, Illinois, in open meeting assembled, that:
   Section 1.  The foregoing recitals are adopted as the findings of the Corporate Authorities as if fully set forth herein.
   Section 2. Section 10-5.1-5 of Chapter 5.1 of Title 10 of the Village Code is amended and shall hereinafter read as follows:
10-5.1-5: TOWING AND IMPOUNDMENT:
 
  (A)  Except where the vehicle is otherwise subject to towing, if the immobilizing restraint has not been released within seventy-two (72) hours of its placement, the restraint shall be released, and the vehicle towed and impounded.
  (B)  Within ten (10) days after a vehicle has been impounded, 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 vehicle is not claimed within thirty (30) days from the date of the notice, the vehicle may be sold or otherwise disposed of in accordance with this title.
  (C)  All hearings will take place in accordance with Section 10-5.1-6 and Chapter 20 of Title 1 providing for the Administrative Adjudication of vehicle immobilization and impoundment cases.  Any order issued after the hearing is a final administrative decision within the meaning of Section 3-101 of the Code of Civil Procedure.  Judicial review of final administrative decisions issued after hearings regarding vehicle immobilization and impoundment made under this Section shall be subject to the provisions of the Illinois Administrative Review Law.
   Section 3. Section 10-5.1-6 of Chapter 5.1 of Title 10 of the Village Code is amended and shall hereinafter read as follows:
10-5.1-6: 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 properly included on an immobilization list. To obtain such a hearing, the owner must file a written demand for hearing with the River Grove Police Department or the Ordinance Enforcement Administrator within fourteen (14) days after issuance of the notice specified in section 10-5.1-5 of this chapter or within fourteen (14) days of the immobilization, whichever is later. A hearing shall be conducted within seven (7) days of receipt of a written demand for hearing unless otherwise mutually agreed 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 section 10-5.1-7 of this chapter 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. (Ord. 2011-24, 11-17-2011)
   Section 4. Section 10-5.1-7 of Chapter 5.1 of Title 10 of the Village Code is amended and shall hereinafter read as follows:
10-5.1-7: RELEASE OF IMMOBILIZED VEHICLE:
 
  (A)  Prior to a hearing on the validity of the immobilization as provided in section 10-5.1-6 of this chapter, the owner of an immobilized vehicle and/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 or citations specified in the notice of impending vehicle immobilization, or arranging for the payment as approved by the chief of police.
  (B)  The fine for immobilization shall be one hundred dollars ($100.00). The fine for towing subsequent to immobilization shall not exceed five hundred dollars ($500.00) to cover the cost having the vehicle towed and removed. Any unusual costs incurred by the village or its agent shall be the responsibility of the registered owner. In addition to the fees due the Village, the owner shall be required to pay any fees that may be applicable for the towing and storing of the vehicle. Such towing and storage fees shall be paid to the tow company at the prevailing rate at the garage, yard or parking lot at which said vehicle is stored. The aforementioned fees shall not be applicable in the event that the immobilization and/or subsequent towing have been determined to be erroneous. (Ord. 2011-24, 11-17-2011)
   Section 5.Any ordinance or portion of any ordinance in conflict with the provisions of this ordinance is repealed solely to the extent of such conflict.
   Section 6.This Ordinance shall be in full force and effect from and after its passage and approval in the manner as provided by law.
   APPROVED this 20th day of May, 2021.
 
                     ____________________________________
                     Hon. David B. Guerin, President
 
ATTEST: ________________________________
   Hon. Marjorie A. Manchen, Clerk
 
ORDINANCE NO. 2021-15   TRUSTEE   PRESENT   ABSENT      AYE   NAY
            Bjorvik      _________   ________   ____   ____
Presented:          Thomas      _________   ________   ____   ____
            Obaya      _________   ________   ____   ____
Passed:          Muellner   _________   ________   ____   ____
            Lilly      _________   ________   ____   ____
Approved:          Lantgen      _________   ________   ____   ____
STATE OF ILLINOIS   )
         )    SS
COUNTY OF COOK   )
 
CERTIFICATE
 
   I, the undersigned, certify that I am the duly qualified and acting Village Clerk of the Village of River Grove, Cook County, Illinois (the "Village"), and as such, I am the keeper of the records and files of the Village and its President and Board of Trustees.  I further certify as follows:
   Attached to this Certificate is a true, correct and complete copy of Village of River Grove Ordinance No. 2021-15, entitled:
AN ORDINANCE AMENDING SECTIONS 10-5.1-5 (TOWING AND IMPOUNDMENT), 10-5.1-6 (HEARINGS) AND 10-5.1-7 (RELEASE OF IMMOBILIZED VEHICLE) OF CHAPTER 5.1 OF TITLE 10 (VEHICLE IMMOBILIZATION PROGRAM)
 
   This Ordinance was passed and approved by the Village's President and Board of Trustees on May 20, 2021.  A true, correct and complete copy of this Ordinance was published in pamphlet form on May 20, 2021.
   Given under my hand and official seal at the Village of River Grove, Cook County, Illinois, this _______ day of ___________________, 20___.
 
                                       
                     Honorable Marjorie A. Manchen
                        Village Clerk
 
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