(A) The abandonment of a vehicle or any part thereof on any highway in this village is unlawful and subject to the penalties set forth herein. The abandonment of a motor vehicle or other vehicle or any part thereof on private or public property, other than a highway, in view of the general public, anywhere in this village is unlawful except on the premises of a business enterprise operated in a lawful place and manner when necessary to the operation of such business enterprise.
(1) Report of abandonment. When an abandoned, lost, stolen or unclaimed vehicle comes into the temporary possession or custody of a person who is not the owner of the vehicle, such person shall immediately notify the Village of Wapella when the vehicle is within the corporate limits of the village.
(2) Towing of abandoned vehicles. Any Village Officer or the DeWitt County Sheriff or any Deputy of the DeWitt County Sheriff's Department shall authorize a towing service to remove and take possession of any abandoned, lost, stolen, or unclaimed vehicle. Any such vehicle abandoned on the highway may be ordered removed after a period of ten hours or more; provided, however, an abandoned, unattended, wrecked, burned, or partially dismantled vehicle that creates a traffic hazard because of its position in relation to the highway or its physical appearance may be immediately removed from the highway or private property adjacent to the highway upon order of any Village Officer or the DeWitt County Sheriff’s Department. The Village Officer or DeWitt County Sheriff’s Department may order any vehicle abandoned on private property to be towed immediately at the request of the owner of the private property. When a vehicle is removed from either public or private property by order of any Village Officer or the DeWitt County Sheriff’s Department under this section, the owner of the vehicle will be responsible for all towing costs.
(3) Towing report. When a vehicle is authorized to be towed away, the village shall keep and maintain a record of the vehicle towed, listing the color, year, manufacturer, manufacturer's trade name, manufacturer's series name, body style, vehicle identification number, license plate year and number, and registration sticker year and number displayed on the vehicle. The record shall also include the date and hour of tow, location towed from, location towed to, reason for towing and name of the officer authorizing the tow. The towing service will safely keep the towed vehicle and its contents, maintain a record of the tow until the vehicle is claimed by the owner or any other legal persons entitled to possession thereof, or until the vehicle is disposed of as provided in this section.
(4) Costs of towing, storage, and other fees. The owner, operator, or any legally entitled person shall be responsible to the towing service for payment of applicable removal, towing, storage and processing charges and collections costs associated with the vehicle towed or held under order or authorization of the law enforcement agency or Village Officer.
(5) Identity of owner of abandoned vehicle: notice.
(a) 1. When the DeWitt County Sheriff's Department does not know the identity of the registered owner or other legally entitled person, they will cause the motor vehicle registration records of the State of Illinois to be searched by the Secretary of State for the purpose of obtaining the required ownership information.
2. The DeWitt County Sheriff's Department will cause the stolen motor vehicle files of the State Police to be searched by a directed communication to the Illinois State Police for stolen or wanted information on the vehicle. When the Illinois State Police's files are searched with negative results, the information contained in the National Crime Information Center (NCIC) files will be searched by the state DeWitt County Sheriff's Department. The information determined from these record searches will be used by the DeWitt County Sheriff’s Department in sending notification by certified mail to the owner or legally entitled person advising where the vehicle is held, requesting a disposition be made and setting forth public sale information. Exceptions to a notification by certified mail to the registered owner or other legally entitled person are set forth in division (A)(6) of this section.
(b) When the registered owner or other person legally entitled to the possession of a vehicle cannot be identified from the registration files of this state or from the registration files of a foreign state, if applicable, the DeWitt County Sheriff's Department shall notify the State Police for the purpose of identifying the vehicle owner or other person legally entitled to the possession of the vehicle. The information obtained by the State Police will be immediately forwarded to the law enforcement agency having custody of the vehicle for notification of the owner as set forth in division (A)(5)(a) of this section.
(6) Notice and sale of abandoned vehicles.
(a) Whenever an abandoned, lost, stolen or unclaimed vehicle seven years of age or newer remains unclaimed by the registered owner or other person legally entitled to its possession for a period of 30 days after notice has been given as provided herein, the DeWitt County Sheriff's Department or towing service having possession of the vehicle shall cause it to be sold at public sale to the highest bidder. Notice of the time and place of the sale shall be posted in a conspicuous place for at least ten days prior to the sale on the premises where the vehicle has been impounded. At least ten days prior to the sale, the DeWitt County Sheriff’s Department where the vehicle is impounded or the towing service where the vehicle is impounded, shall cause a notice of the time and place of the sale to be sent by certified mail to the registered owner or other person known by the DeWitt County Sheriff’s Department or towing service to be legally entitled to the possession of the vehicle. Such notice shall contain a complete description of the vehicle to be sold and what steps must be taken by any legally entitled person to reclaim the vehicle.
(b) In those instances where the certified notification specified herein has been returned by the postal authorities to the DeWitt County Sheriff’s Department or towing service due to the addressee having moved, or being unknown at the address obtained from the registration records of this state, the sending of a second certified notice will not be required.
(c) When the identity of the registered owner or other person legally entitled to the possession of an abandoned, lost or unclaimed vehicle of seven years of age or newer cannot be determined by any means provided for in this section, the vehicle may be sold as provided herein without notice to the registered owner or other person legally entitled to the possession of the vehicle.
(d) 1. When the identity of the registered owner, lien-holder, or other legally entitled persons of an abandoned, lost or unclaimed vehicle seven years of age or newer cannot be determined by any means provided for in this section, the vehicle may be sold as provided in this division (A)(6) without notice to any person whose identity cannot be determined.
2. When an abandoned vehicle of more than seven years of age is impounded as specified by this section, or when any such vehicle is towed at the request or with the consent of the owner or operator, and is subsequently abandoned, it will be kept in custody for a minimum of ten days for the purpose of determining the identity of the registered owner, lienholder, or other legally entitled person and contacting the registered owner, lienholder, or other legally entitled person by the U.S. mail, public service or in person for a determination of disposition; and, an examination of the State Police's stolen vehicles files for theft and wanted information. At the expiration of the ten day period, without the benefit of disposition information being received from the registered owner, lienholder, or other legally entitled person, the Sheriff of DeWitt County Sheriff’s Department will authorize the disposal of the vehicle in either of the following two ways:
A. The DeWitt County Sheriff’s Department will authorize the disposal of the vehicle as junk or salvage;
B. The towing service may sell the vehicle in the manner provided in this division (A)(6), provided that this division B. shall not apply to vehicles towed by order or authorization of a law enforcement agency.
(e) A vehicle classified as an antique vehicle may, however, be sold to a person desiring to restore it.
(7) Reclamation by owner of abandoned vehicles. Any time before a vehicle is sold at public sale or disposed of as provided herein, the owner or other person legally entitled to its possession may claim the vehicle by presenting to the DeWitt County Sheriff's Department proof of ownership or proof of the right to possession of the vehicle. No vehicle shall be released to the owner or other person under this section until all towing and storage charges have been paid.
(8) Disposition report. When a vehicle in the custody of the DeWitt County Sheriff’s Department is reclaimed by the registered owner or other legally entitled person, or when the vehicle is sold at public sale or otherwise disposed of as provided by this section, a report of the transaction will be maintained by the DeWitt County Sheriff's Department for a period of one year from the date of the sale or disposal.
(9) Proceeds of sale. When a vehicle located within the corporate limits of this village is authorized to be towed away by the Sheriff or Deputy of the DeWitt County Sheriff's Department and disposed of as set forth in this chapter, the proceeds of the public sale or disposition, after the deduction of towing, storage and processing charges, shall be disposed in the municipal treasury.
(10) Any person who is found to have abandoned a vehicle pursuant to this section shall be subject to a penalty of not less than $200 nor more than $750 for each such offense.
(Ord. 2022-9-28A, passed 9-28-2022)