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No funeral procession or parade containing two hundred (200) or more persons, or fifty (50) or more vehicles, excepting the military forces of the United States or of the state, and the forces of the Police and Fire Departments, shall occupy, march or proceed along any street except in accordance with a permit issued by the Village Manager.
(Prior code § 41.30)
A funeral composed of a procession of vehicles shall be identified as such by the display upon the outside of each vehicle of a pennant or other identifying insignia or by such other method as may be determined and designated by the Village Manager.
(Prior code § 41.31)
Any person found in violation of any provision of this chapter shall be subject to a fine of not less than one hundred dollars ($100.00) nor more than seven hundred fifty dollars ($750.00). Notwithstanding the foregoing, if the violation of this chapter is also a violation of the Illinois Vehicle Code, then the fine for such violation shall be subject to the limitations of Section 10.04.010(B) of this code.
(MC-1-2014, Amended, 2/18/2014): prior code § 41.37)
A. Authorization to impound or remove. The Police Department of the Village is authorized to impound in place or to remove to a location selected by the Police Department, any vehicle that is a nuisance, as defined in paragraph 2 of this subsection A.
1. Definitions. As used in this section, "parking laws of the Village" shall mean and include any and all of the following:
a. Sections 10.24.010 through 10.24.100, and Section 10.24.120 of Chapter 10.24 of this code;
b. Chapter 3.08 of the Winnetka Park District Ordinances, and any other ordinances of the Winnetka Park District that regulate parking and are enforced by the Village of Winnetka; and
c. Sections 3-413(A), 3-413(B), 4-201(A), 4-201(B), 11-1301, 11-1303(A)1.L, 11-1304.5, 11-1401, and 12-712 of the 1Illinois Vehicle Code.
2. Vehicles declared a nuisance. Any vehicle that is registered to an owner or licensee who has accumulated an aggregate of five or more unsatisfied fines for citations issued for violations of the parking laws of the Village, whether in the parking of that vehicle or the parking of any other vehicle or vehicles registered to that owner or licensee, is declared to be a nuisance. For purposes of this section, the number of unsatisfied fines shall be determined by aggregating all unsatisfied fines attributable to any one person, notwithstanding the use of different license plates or different vehicles, so long as all such vehicles are registered to the same person as owner or lessee.
3. The impoundment or removal of any vehicle pursuant to this section 10.08.090 shall be at the sole expense of the owner or lessee.
B. Notices of Impoundment or Removal.
1. Pre-impoundment notice. At least ten (10) working days prior to impoundment of any vehicle, notice of impending vehicle impoundment must be sent to the registered owner or lessee via first class mail, postage prepaid, at the address of the registered owner or lessee recorded with the Secretary of State, or, in the case of a vehicle bearing a registration number of a state other than Illinois, at the address of the registered owner or lessee recorded in that state's registry of motor vehicles.
2. Impoundment notice. Upon impoundment of any vehicle, the Police Department shall cause to be placed on such vehicle, in a conspicuous manner, notice sufficient to warn any individual that such vehicle has been impounded in place, and that any attempt to move such vehicle might result in damage to such vehicle.
3. Vehicle removal notice. After removal of any vehicle, the Police Department shall give the owner or lessee of such vehicle notice that the vehicle has been removed and the location to which it was removed, which notice shall either be (1) by telephone, with a follow-up notice mailed to the owner or lessee not more than two working days after the date of removal; or (2) by letter mailed to the owner or lessee not more than two working days after the date of removal. The notice placed on such vehicle or given to the owner or lessee shall also contain notice of the right of the owner or lessee of such vehicle to request a post-impoundment or post-removal hearing described in subsection C of this section to determine the validity of the impoundment or removal and any related fees.
C. Hearing.
1. Right to hearing. The owner or lessee of a vehicle impounded or removed, or other authorized person, shall have the right to a prompt, fair and impartial post-impoundment or post-removal hearing to determine if such impoundment or removal was conducted in accordance with the procedural requirements of this section.
2. Request for hearing. The post-impoundment or post-removal hearing shall be requested within ten (10) working days after the vehicle is impounded or removed and shall be conducted within two working days of such request for a hearing.
3. Scope of hearing. The post-impoundment or post-removal hearing shall not be determinative of, nor shall it adjudicate, any ticket or notice issued relative to any impounded or removed vehicle.
4. Hearing procedures. Such hearing shall be conducted by an impartial hearing officer designated in accordance with the provisions of subsection D of this section. At the hearing, the owner may present evidence that the vehicle was improperly designated for impoundment or removal. The Village Manager shall propose rules and regulations for the conduct of the hearings provided for in subsection C of this section, which rules and regulations shall be submitted to the Village Council for its review and approval.
5. Post-hearing disposition. If, following the hearing, the Hearing Officer determines that the vehicle was improperly designated, the vehicle shall be removed from the vehicle impoundment list and any fees paid to the Village for the impoundment or removal of the vehicle pursuant to subsection E of this section shall be refunded.
D. Hearing Officer. The post-impoundment or post-removal hearing provided for in subsection C of this section shall be conducted by the Village Manager or such other employee or official of the Village as the Village Manager may designate. In no case shall the Hearing Officer designated by the Village Manager be the Chief of Police or a member or civilian employee of the Village's Police Department, an elected official of the Village, the Director of Finance or an employee of the Village's Finance Department, the Village Attorney, the Village Prosecutor, or any other individual involved either in the enforcement of traffic regulations or in the initial decision to immobilize the vehicle.
E. Release of Impounded or Removed Vehicles. Any vehicle impounded or removed pursuant to this section 10.08.090 shall be released to the owner or lessee upon showing of adequate evidence of ownership of leasehold and right to possession of the subject vehicle, and upon satisfaction by the owner or lessee of all accrued fines and costs involving the subject vehicle. In addition, the Village may assess a fee for each time that a vehicle is impounded or removed, in an amount to be determined from time to time by the Village Council by resolution. Such fee shall be paid by the owner or lessee before the vehicle is released.
F. Unclaimed vehicles. Any impounded or removed vehicle that is unclaimed by the owner or lessee shall be disposed of in accordance with 625 ILCS 5/4-201, et seq.
(Ord. MC-8-2012 § 2, Amended, 10/02/2012; Formerly §10.24.130; Ord. MC-212-98 §2, 1998; prior code §41.27.2)
A. Officers of the Police Department may remove and tow away, or cause to be removed and towed away, any unattended parked vehicle that obstructs vehicular traffic, constitutes a hazard to vehicular traffic, blocks access to a fire hydrant, is parked in violation of snow emergency regulations, or is otherwise parked in a location designated as a tow zone pursuant to signage and/or any Village ordinance or State law.
B. The police supervisor on duty shall determine the location to which such vehicle shall be removed.
C. The impoundment or removal of any vehicle pursuant to this section 10.08.100 shall be at the sole expense of the owner or lessee.
D. Release of Vehicle to Owner or Lessee. Any vehicle impounded or removed pursuant to this section 10.08.100 shall be released to the owner or lessee upon showing of adequate evidence of ownership of the vehicle or, if a leasehold, of the right to possession of the subject vehicle, and upon satisfaction by the owner or lessee of all accrued fines and costs involving the subject vehicle. In addition, the Village may assess a fee for each time that a vehicle is impounded or removed, in an amount to be determined from time to time by the Village Council by resolution. Such fee shall be paid by the owner or lessee before the vehicle is released.
E. Unclaimed vehicles. Any vehicle that is towed or removed pursuant to this section and that is unclaimed by the owner or lessee shall be disposed of in accordance with 625 ILCS 5/4-201, et seq.
(Ord. MC-8-2012 § 2, Amended, 10/02/2012; Formerly § 10.24.140; prior code § 41.28)