A. In any case in which violations of this code or the Illinois vehicle code 1 authorize or require the police department to cause a motor vehicle in the village to be towed, or in any other circumstances under which a motor vehicle is towed pursuant to this code or police department field operations procedures, the chief of police or the chief's designee is hereby authorized and directed, to tow away or cause to be towed away, such motor vehicle for impoundment in locations determined by the chief of police or the chief's designee. The chief of police shall promulgate rules and regulations for the implementation of this chapter. The police officer making the arrest or requesting the tow shall orally notify any person identifying himself as the owner of the vehicle or any 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 of the seizure and of the vehicle owner's right to request an administrative hearing to be conducted under this chapter. Examples of violations for which towing may be required shall include the arrest of any person for any of the following reasons:
1. Operating or being in physical control of a vehicle while under the influence of alcohol, any other drug or any combination thereof under section 11-501(a) of the Illinois vehicle code;
2. Driving a motor vehicle with a driver's license that has been revoked or suspended as a result of: a violation of section 11-501(a) of the Illinois vehicle code; a statutory summary suspension under section 11-501.1 of the Illinois vehicle code; a violation of paragraph (b) of section 11-401 of the Illinois vehicle code relating to the offense of leaving the scene of a motor vehicle accident involving personal injury or death; or a violation of section 9-3 of the criminal code of 1961, as amended, relating to the offense of reckless homicide;
3. Any other violations of the Illinois vehicle code 2 or this code which require that the vehicle be towed; or
4. Any violations of law which make the vehicle subject to seizure under 720 Illinois Compiled Statutes 5/36-1 et seq.
Any motor vehicle which is towed whenever authorized pursuant to this chapter is hereby defined as a "nuisance vehicle" for purposes of this chapter. It shall be unlawful for any nuisance vehicle to be found on any public street, public place or private property in the village, and the presence of a nuisance vehicle is hereby found to be a public nuisance and is deemed harmful to the health, safety and welfare of the residents of the village. This section shall not apply, however, if the nuisance vehicle was stolen at the time of the relevant violation and the theft was reported to the appropriate police authorities within twenty four (24) hours after the theft was discovered or reasonably should have been discovered.
B. No towed motor vehicle shall be released by or at the direction of the police department to any person except to the vehicle's owner of record or to any person duly authorized to accept possession by such owner. The owner of record of said vehicle shall be liable to the village for an administrative penalty as set forth from time to time in the fee schedule adopted pursuant to section 1-11-5 of this code, plus any applicable towing and storage fees. The amount of the administrative penalty imposed pursuant to this chapter shall constitute a debt due and owing to the village. (Ord. 06-7-14, 7-18-2006)
Notes
| 1 | 1. 625 ILCS 5/1-100 et seq. |
| 2 | 2. 625 ILCS 5/1-100 et seq. |