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§ 70.31 METHOD OF ISSUING TRAFFIC AND PARKING VIOLATION NOTICES.
   (A)   A traffic violation notice shall be issued by a member of the Police Department of the village for every vehicle parked, stopped, permitted to stand, equipped, used, driven or operated in violation of the traffic code of the village. In case of a traffic violation involving a vehicle, if a police officer is able to find the driver or other person in charge thereof without leaving the immediate vicinity of said vehicle, said traffic violation notice shall be delivered to such person, but if the officer is unable to find the person driving or in charge of said vehicle in the immediate vicinity, he or she shall fasten or cause to be fastened said traffic violation notice upon the windshield, side window or cab of said vehicle in a place where the same is clearly visible to a person entering or driving or in charge of said vehicle.
   (B)   A member of the Police Department of the village issuing a traffic or parking violation notice shall, in writing, indicate on each traffic or parking violation notice issued by him or her the time and location and type of violation for which such traffic or parking violation notice is issued, the section of the code of the village violated, the type of vehicle involved in the violation, the state license number of said vehicle and, if known, the name and address and operator’s license number of the person to whom such state license was issued or who was responsible for the violation in question, and such other information as such member of the Police Department of the village may deem necessary or important.
   (C)   Every member of the Police Department of the village shall, upon issuing a notice of traffic or parking violation in the manner and form prescribed in this subchapter, in writing, identify himself or herself on such notice as the officer issuing the same and shall retain and deliver to his or her superior officer in the Police Department, or to such other person as may be designated by the Board of the village, a duplicate of such traffic or parking violation notice.
(Prior Code, § 74.002) (Ord. 74-002, passed 3-19-1974)
§ 70.32 ILLEGALLY PARKED VEHICLES; REGISTERED OWNER RESPONSIBLE.
   Whenever a vehicle is parked in violation of the provisions of this traffic code, the registered owner of the vehicle at the time of the violation, as well as the vehicle itself and the actual operator thereof, shall be presumed to have committed the violation and shall thereby be liable as set forth in this traffic code.
(Prior Code, § 74.003) (Ord. 74-002, passed 3-19-1974)
§ 70.33 IMPOUNDMENT OF ILLEGALLY PARKED VEHICLES; PROCEDURE.
   (A)   Any vehicle parked or occupying any portion of any street or alley within the limits of the village in violation of any provision of this traffic code shall be and the same is hereby declared to be a nuisance, which shall be abated by any police officer by the following procedure:
      (1)   By placing a notice of traffic violation upon said vehicle as hereinabove set forth, which indicates the nature of the violation, such act being deemed under this provision of the code of the village to constitute impoundment of the vehicle; or
      (2)   By placing a notice of traffic or parking violation upon said vehicle as hereinabove set forth, and removing and conveying said vehicle to a vehicle pound.
   (B)   The determination of which of the two preceding methods of impoundment of a vehicle in violation of a provision of this traffic code is to be followed in a given situation shall rest in the discretion of the officer issuing said notice, in accordance with the policy set forth by the members of the Board of the village and the Chief of Police of the village.
(Prior Code, § 74.004) (Ord. 74-002, passed 3-19-1974)
§ 70.34 “VEHICLE POUND” DEFINED.
   A VEHICLE POUND is hereby declared to be any suitable place so designated by the Board of the village as a vehicle pound, upon passage of a resolution by the members of said Board, or any private towing company utilized by the Sangamon County Sheriff’s Department.
(Prior Code, § 74.005) (Ord. 74-002, passed 3-19-1974; Ord. 09-025, passed 8-3-2009)
§ 70.35 REMOVAL FROM IMPOUNDMENT.
   The owner or authorized operator, upon proper showing of ownership or authorization of an impounded vehicle, may have the vehicle removed from the impoundment upon payment of the penalties imposed by the provision of the code of the village, which violation gave rise to said impoundment and upon said person paying all costs and expenses which have been incurred by the village for the towage and/or storage of said vehicle; and upon payment of all fines and penalties due and owing to the village as a result of previous traffic and/or parking violations involving said vehicle and all impounding fees, towage and storage charges which have theretofore accrued against such vehicle during the time of his or her ownership or authorized operation thereof.
(Prior Code, § 74.006) (Ord. 74-002, passed 3-19-1974)
§ 70.36 LIABILITY FOR IMPOUNDMENT CHARGES AND TOWING FEES.
   The village shall be liable to the person towing and/or storing a vehicle pursuant to order or request of a member of the Police Department of the village, incurred pursuant to the provisions of this traffic code.
(Prior Code, § 74.007) (Ord. 74-002, passed 3-19-1974)
§ 70.37 ADDITIONAL REMEDIES.
   (A)   Within 15 days after a vehicle has been impounded by seizure, as provided for in § 70.33 of this chapter, under authority of this chapter, the Board of the village may direct that a suit be brought in the name of the village for the collection of all penalties due as a result of parking or traffic violations, as set forth herein, as well as all impounding fees, towage and storage charges that have accrued against said vehicle.
   (B)   Said suit shall be brought against the owner and/or authorized operator of said vehicle.
(Prior Code, § 74.008) (Ord. 74-002, passed 3-19-1974)
§ 70.38 ADDITIONAL REMEDY BY COMPLAINT.
   In all instances where a violation has occurred of the traffic or parking regulations provided for in this traffic code, the village may prosecute the registered owner and/or authorized operator of the vehicle involved in the violation, by complaint filed before any Magistrate of the county, which remedy shall be in addition to any and all other remedies for violations provided in this traffic code.
(Prior Code, § 74.009) (Ord. 74-002, passed 3-19-1974)
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