A. Prima Facie Evidence Of Parking Violations: Whenever any vehicle shall have been parked or standing in violation of any of the provisions of any ordinance prohibiting or restricting parking or standing, the person or corporation or other entity in whose name such vehicle is registered shall be prima facie responsible for such violation and subject to the penalty therefor.
(Ord. 83-10-5E, 10-5-1983)
B. Immobilization Of Illegally Parked Vehicles:
1. Criteria For Determining Immobilization: A motor vehicle parked upon the public way or in a public parking area or in a private parking area within the corporate limits of the Village at any time may, by or under the direction of an officer or member of the Village Public Safety Department, be immobilized in such a manner as to prevent its operation if there are ten (10) or more outstanding or otherwise unsettled traffic violation notices or warrants issued for such violations pending against the owner of the motor vehicle.
2. Notice Placed On Vehicle: Upon immobilization of the motor vehicle, the officer or member shall cause to be placed on the vehicle, in a conspicuous manner, notice sufficient to warn any individual that the vehicle has been immobilized and that any attempt to move the vehicle might result in damage to the vehicle. As soon as practicable, the officer or member shall inform the owner of the immobilized vehicle of the nature and circumstances of the prior outstanding or unsettled traffic violation notices or warrants for which, or on account of which, the vehicle was immobilized.
(Ord. 87-6-3K, 6-3-1987)
3. Vehicle Release Procedure:
a. The owner of an immobilized vehicle, or other authorized person, shall be permitted to secure release of the vehicle upon:
(1) The depositing of the collateral requirement for his/her appearance in the Circuit Court for each violation; or
(2) Depositing the amount of the fine or penalty for each violation for which there is an outstanding or otherwise unsettled traffic violation notice or warrant; and
(3) The payment of the fees as required by subsection B5 of this section.
b. The owner of the immobilized vehicle, or other authorized person, shall have the right to a post-immobilization hearing to determine the validity of such immobilization, towing and any towing or storage charges. The hearing must be requested in writing and received by the Office of the Superintendent of Public Safety within fifteen (15) days after the vehicle is immobilized. The hearing shall be conducted by a hearing officer appointed to conduct such hearings by the Superintendent. The post-immobilization hearing will not be determinative or adjudicate any citation issued relative to any immobilized vehicle.
(Ord. 2002-10-2D, 10-2-2002)
4. Towing Or Impoundment Of Vehicle; Payment Of Fee: The immobilizing device or mechanism shall remain in place for forty eight (48) hours unless the owner has complied with subsection B3 of this section. If such compliance has not occurred within forty eight (48) hours, the vehicle shall be towed or impounded. If the immobilization occurs when a vehicle is parked in a rush-hour traffic zone or in any zone regulated by towing provisions, then the vehicle is subject to towing and impounding. Towing and storage fees, as specified in subsection B5 of this section of this section shall be paid, along with fees specified in subsection B3 of this section before the owner of the vehicle, or authorized person, shall be permitted to repossess or secure the release of the vehicle.
(Ord. 87-6-3K, 6-3-1987)
5. Fees: The owner of an immobilized vehicle shall be subject to a fee of one hundred dollars ($100.00) for such immobilization. The owner of an immobilized vehicle which has been impounded shall, in addition to the fee for immobilization, also be required to pay any fees that may be applicable for the towing and storage of the vehicle. Such towing and storage fees shall either be paid to the Village or to the company which towed the vehicle for the Village.
(Ord. 2002-10-2D, 10-2-2002)
6. Enforcement Official: The Superintendent of Public Safety shall have authority for implementing the parking enforcement provisions of this subsection.
7. Right To Hearing Or Trial: Nothing in this subsection shall be construed to deprive any person of the Constitutional right to a hearing or trial as to the violations charged. (Ord. 87-6-3K, 6-3-1987)
C. Towing Of Illegally Parked Vehicles:
1. The Public Safety Department is authorized to impound and cause to be towed by a towing service any vehicle which is parked in violation of any of the following provisions of this title:
a. Subsection 8-5-2D, prohibiting the blocking a lane on a street or highway designated for use by moving traffic.
b. Subsection 8-5-2G, prohibiting reduction of roadway available to moving traffic to less than eighteen feet (18').
c. Subsection 8-5-2H, prohibiting parking within fifteen feet (15') of a fire hydrant or fire connection.
d. Section 8-5-5, prohibiting the unauthorized use of parking spaces reserved for the handicapped or disabled.
2. The Public Safety Department is authorized to impound and cause to be towed by a towing service any vehicle which is:
a. Parked for fifteen (15) minutes or longer in a designated fire lane.
b. Parked in a designated fire lane so as to impede the movement of public safety vehicles.
c. Parked on a Village street in violation of a permit parking only restriction where signs are posted indicating that vehicles parked without the required permit are subject to being towed.
d. Parked without the required permit in a parking space in a parking lot or parking structure owned or operated by the Village where use of the parking space is limited only to persons who have been issued the required permit and where signs are posted indicating that vehicles parked without the required permit are subject to being towed.
e. Parked on a street or in an alley where signs have been posted which state that parking is prohibited, and that vehicles parked in violation of the parking prohibition are subject to being towed.
3. The provisions of chapter 9 of this title relating to the disposition of inoperable motor vehicles shall be applicable to vehicles towed pursuant to this subsection. The owner or operator of any vehicle which is towed pursuant to this subsection shall be subject to paying a towing fee prior to having the vehicle released to the possession of the owner or operator. The towing fee shall be refunded to the owner or operator if it is later determined that the vehicle was not subject to being towed under this subsection.
(Ord. 2001-9-5E, 9-5-2001)