(A) Authorization. The Police Department of the Village is hereby authorized to direct and supervise a program of vehicle immobilization for the purpose of enforcing the parking regulations of the Village. Any police officer of the Village is hereby authorized to cause the immobilization, by placement of a restraint in such a manner as to prevent its operation, of any vehicle parked upon any public street or way, or upon any other Village-owned property, that is eligible for immobilization and that has been included on the vehicle immobilization list pursuant to this Section. The Chief of Police may establish such rules and procedures not inconsistent with the terms of this Section to administer the Village's immobilization program.
(B) Eligibility for Immobilization. A vehicle shall be considered eligible for immobilization when the registered owner of the vehicle has accumulated three or more citations, all of which are more than 30 days old, and for which the fines and penalties have not been paid in full, issued against any vehicle registered to such owner charging that such vehicle was in violation of the Village's standing, parking, or compliance regulations. Every such vehicle shall hereafter be referred to as an eligible vehicle. Any eligible vehicle found upon any street or public place within the Village may be immobilized in place by use of a mechanical device for such purpose. Such device may be called a "boot", and the use of the same may be called "booting".
(C) Notice of Pending Immobilization. The Police Department shall cause a notice of pending immobilization to be sent to the registered owner of any eligible vehicle. The notice shall be sent certified mail, return receipt requested, to the address of the registered owner of the eligible vehicle recorded with the Illinois Secretary of State, or if the eligible vehicle bears a registration number of a state other than Illinois, then at the address of the registered owner recorded in that state's registry of motor vehicles. The notice of pending immobilization shall provide the following information:
(1) A description of the vehicle, including the make, model, year, and color of the eligible vehicle.
(2) The eligible vehicle's vehicle identification number, and the number and state of the license plate displayed on the eligible vehicle.
(3) The name and address of the registered owner of the eligible vehicle.
(4) The number and issue dates of the outstanding parking citations.
(5) A statement that the registered owner's vehicle is subject to immobilization pursuant to this Section, unless the registered owner, within ten days of receipt of the pending immobilization notice:
(a) Submits to the Police Department of the Village the full fine or penalty amount due for each outstanding parking citation; or
(b) Requests a pre-immobilization hearing to contest the notice of pending immobilization.
(D) Pre-Immobilization Hearing Procedures.
(1) Request for hearing. The registered owner of an eligible vehicle may contest the validity of a notice of pending immobilization by delivering to the Chief of Police within ten days after receipt of the notice of pending immobilization a written request for a pre-immobilization hearing. If the registered owner of an eligible vehicle does not request a pre-immobilization hearing pursuant to this subsection within said ten day period, then the right to a pre-immobilization hearing shall be deemed waived.
(2) Scheduling of hearing. The Chief of Police or his or her designee shall schedule a pre-immobilization hearing within ten days after receipt of the written request, and shall promptly notify the registered owner of the eligible vehicle of the scheduled hearing date and time.
(3) Conduct of hearing. The pre-immobilization hearing may be conducted either by the Chief of Police or by his or her designee. The registered owner of the eligible vehicle must appear in person at the hearing and, to invalidate the notice of pending immobilization, submit evidence that conclusively demonstrates that the registered owner's vehicle is not an eligible vehicle. Such evidence may include demonstration of any of the following:
(a) The registered owner was not the owner or lessee of the subject vehicle on the date or dates that the parking citations were issued; or
(b) The fines or penalties for the parking citations identified in the notice of pending immobilization have been paid in full; or
(c) The registered owner has not accumulated five or more outstanding parking citations.
(4) Decision. Based on the evidence presented by the registered owner, the Chief of Police or his or her designee shall issue a written decision either:
(a) Affirming the validity of the notice of pending immobilization and confirming that the subject vehicle is an eligible vehicle subject to immobilization pursuant to this Section; or
(b) Revoking the notice of pending immobilization. A copy of the written decision shall be delivered to the registered owner within 48 hours after the conclusion of the pre-immobilization hearing. The decision of the Chief of Police or his or her designee to affirm or revoke the notice of pending immobilization shall be final.
(5) Action if affirmed. If the decision affirms the validity of the pending immobilization notice, the decision shall be accompanied by a notice that the registered owner has three days to pay, or cause to be paid, all outstanding parking citation fines and penalties, and that failure to do so will subject the registered owner's vehicle to immediate immobilization.
(6) No determination of violations. A pre-immobilization hearing shall not be determinative of, and shall not be used or construed to adjudicate, any of the individual parking violation citations on which the notice of pending immobilization was based, or any other violation of any Village ordinance relating to the eligible vehicle.
(E) Vehicle Immobilization List. The Chief of Police or his or her designee shall create, keep, and maintain a vehicle immobilization list. The Chief of Police or his or her designee shall place on the vehicle immobilization list the vehicle registration number of all eligible vehicles for which the registered owner has (i) failed to respond to a notice of pending immobilization within ten days after receipt of such notice, or (ii) failed to pay all outstanding parking citation-fines and penalties within three days after receipt of the decision following a pre-immobilization hearing to affirm the validity of a notice of pending immobilization. Any police officer may, in a manner consistent with this Section, immediately immobilize any vehicle included on the vehicle immobilization list without further notice.
(F) Immobilizing Restraint. When immobilizing an eligible vehicle pursuant to the provisions of this Section, the Police Department shall use the "Denver Boot" or other similar wheel locking restraint in such a manner as to prevent operation of the vehicle. Every such vehicle so restrained shall hereafter be referred to as an immobilized vehicle.
(G) Unauthorized Activities. It shall be unlawful for any person to relocate or to tow any immobilized vehicle except in accordance with the provisions of this Section. It shall also be unlawful for any person to damage an immobilizing restraint, or to remove or attempt to remove an immobilizing restraint without authorization. Any person who violates any provision of this subsection (G) shall be:
(1) Subject to a fine of not less than $75 nor more than $500 for each such violation; and
(2) Pay all costs to repair or replace the immobilization restraint damaged or destroyed by such person.
(H) Upon immobilization of a vehicle, the police officer present shall immediately cause to be placed upon such vehicle, in a conspicuous manner, notice sufficient to warn any individual that such vehicle has been immobilized and that any attempt to move such vehicle might result in damage to such vehicle and/or the boot device.
(I) (Intentionally omitted.)
(J) Notice of Immobilization. A notice of immobilization shall be immediately affixed to any eligible vehicle immobilized pursuant to this Section. The notice of immobilization shall:
(1) State that the eligible vehicle is immobilized, and that any attempt to move the immobilized vehicle may result in damage to the vehicle.
(2) State that the unauthorized removal of or damage to the immobilizing restraint is prohibited, and punishable by a fine of not less than $75 nor more than $500 for each such violation.
(3) Provide information on how the registered owner may secure release of the immobilizing restraint.
(4) Provide information on how the registered owner may obtain a post-immobilization hearing pursuant to this Section.
(5) State that if the registered owner fails, to secure release of the immobilizing restraint or to request a post-immobilization hearing within 24 hours, the immobilizing restraint may be released by the Village and the eligible vehicle may be towed and impounded.
(K) Release of Immobilizing Restraint. The registered owner of an immobilized vehicle, or other person entitled to possession of such vehicle, may secure the release of an immobilizing restraint by paying or causing to be paid to the Police Department of the Village the following fees and penalties:
(1) Immobilization fees:
(a) First occurrence, $100;
(b) Second occurrence, $150;
(c) Third occurrence, $200;
(d) Fourth occurrence, $250;
(e) Fifth occurrence, $300;
(f) Sixth occurrence, $350;
(g) Seventh and each subsequent occurrence, $400;
(2) All parking citation fines and penalties issued against the immobilized vehicle that remain outstanding, including specifically, but without limitation, the parking citations identified in the notice of pending immobilization.
(3) The Village Manager/Comptroller or his designee is authorized hereby to enter into an agreement with the registered owner of such immobilized vehicle to create payment plans designed to allow such registered owner to pay over time all amounts due pursuant to subparagraphs (1) and (2) of this subsection (K), or to waive amounts due pursuant to the Village's parking enforcement actions as he determines is necessary to secure payment of the maximum amount of penalties levied but in no event shall he waive more than 50% of the amount of fines accrued.
(L) Towing and Impoundment of Immobilized Vehicle. If the registered owner of the immobilized vehicle or other authorized person does not secure the release of the immobilizing restraint or request a post-immobilization hearing within 24 hours of the immobilization, the Police Department shall be authorized to cause such vehicle to be towed and impounded. If a request for a post-immobilization hearing is received within this time, the towing and impounding of the immobilized vehicle shall be deferred pending the outcome of the post-immobilization hearing. The provisions set forth in Chapter 90 regarding impounded vehicles parked illegally shall apply fully to all immobilized vehicles impounded pursuant to this Section; provided, however, that:
(1) In addition to the towing and storage charges imposed pursuant to §§ 90.05 and 90.08, the fees and penalties specified in subsection (K) of this Section shall be paid before the owner or person entitled to possession of the impounded vehicle shall be permitted to repossess or secure the release of such vehicle; and
(2) Notification to be provided to the owner of the impounded vehicle under this Section shall include a statement that the vehicle was impounded pursuant to the provisions of this Section, and that the registered owner has a right to appeal the immobilization, towing, and impoundment of such vehicle by requesting a post-immobilization hearing.
(M) Post-Immobilization Hearing Procedures.
(1) Request for hearing. The registered owner of an immobilized or impounded vehicle shall have the right to contest the validity of the immobilization and any subsequent immobilization, towing, or storage fees, by delivering a written request for a post-immobilization hearing to the Chief of Police within five days after the immobilization of the vehicle. If the registered owner of an immobilized or impounded vehicle does not request a post- immobilization hearing pursuant to this subsection within said five day period, then the right to a post-immobilization hearing shall be deemed waived.
(2) Scheduling of hearing. The Chief of Police or his or her designee shall schedule a post-immobilization hearing within three days after receipt of the written request, and shall promptly notify the registered owner of the eligible vehicle of the scheduled hearing date and time.
(3) Conduct of hearing. The hearing may be conducted either by the Chief of Police or by his or her designee. At the hearing, the registered owner must appear in person and present evidence conclusively establishing that the immobilization, towing, or impoundment of the registered owner's vehicle was not authorized.
(4) Decision. Based on the hearing record, the Chief of Police or his or her designee shall issue a written decision: (a) affirming, in whole or in part, the validity of the immobilization, towing, or impoundment of the registered owner's vehicle; or (b) invalidating, in whole or in part, the immobilization, towing, or impoundment of the registered owner's vehicle. A copy of the decision shall be delivered to the registered owner of the subject vehicle within 48 hours after the close of the post-immobilization hearing. The decision of the Chief of Police or his or her designee shall be final.
(5) Action if invalidation. If the decision is to invalidate the immobilization, towing, or impoundment, the Chief of Police or his or her designee shall immediately release the immobilizing restraint if the vehicle has not yet been towed, or release the vehicle if impounded, and remove its State registration number from the vehicle immobilization list.
(6) Action if affirmed. If the decision is to affirm the immobilization, towing, or impoundment, the registered owner shall be so informed. If the immobilized vehicle has not yet been towed, the registered owner shall also be informed that the immobilization fee and all outstanding parking citation fines and penalties must be paid in full within 24 hours after receipt of the decision, and that failure to make such payment may result in the immediate towing and impoundment of the registered owner's vehicle.
(7) No determination of violations. A post-immobilization hearing shall not be determinative of, and shall not be used or construed to adjudicate, any of the individual parking citations on which the immobilization, towing, or impoundment was based, or any other violation of any Village ordinance relating to the eligible vehicle.
(N) Removal from Vehicle Immobilization List. After payment in full of all applicable fees, fines, and penalties specified in this Section, the State registration number of the eligible vehicle shall be removed immediately from the vehicle immobilization list.
(Ord. 06-2593, passed 9-26-06; Am. Ord. 07-2633, passed 5-8-07; Am. Ord. 09-2743, passed 12-8-09)