[Amended 6-22-2009 by Ord. No. 09-06]
For the purpose of this article, the following words shall have
the meanings ascribed to them as follows:
All motor vehicles or other vehicles in a state of disrepair,
rendering the vehicle incapable of being driven in its condition;
or any motor vehicle or other vehicle that has not been moved or used
for seven consecutive days or more and is apparently deserted.
Any motor vehicle or other vehicle 25 years of age or older.
Any part of a vehicle, other than a tire, having a manufacturer's
identification number or an identification number issued by the Secretary
of State.
Any inoperable, unregistered or discarded motor vehicle,
regardless of title, having lost its characteristic as a substantial
property and left unattended without justification on the owner's,
lienholder's or other legally entitled person's land contrary
to the public policy expressed in this article. "Derelict vehicle"
shall include, but not be limited to, any automobile, truck or trailer
or automobile, truck or trailer parts, such as conex boxes, shipping
containers and cargo boxes, which have been modified for use as storage
units.
Any street, alley or public way within this municipality.
To remove, deface, cover or destroy.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a street, highway, stationary
rails or tracks, whether subject to or exempt from registration, excepting,
however, bicycles and snowmobiles.
(A)
Highway. The abandonment of a motor vehicle or other vehicle or part
thereof on any highway in this municipality is unlawful and subject
to penalties as set forth herein.
(B)
Private property. The abandonment of a vehicle or any part thereof
on private or public property other than a highway in view of the
general public anywhere in this municipality is unlawful, except on
property of the owner, or bailee of such abandoned vehicle.
(C)
Owner's property. A vehicle or any part thereof so abandoned on private property shall be authorized for removal by the Police Department, after a waiting period of seven days or more, or may be removed immediately if determined to be a hazardous dilapidated motor vehicle under Ch. 65 Sec. 5/11-40-3.1 of the Illinois Compiled Statutes. A violation of this section is subject to penalties as set forth in Section 1-1-20 of the Village Code. (See 625 ILCS 5/4-201.)
Where an abandoned, lost, stolen or unclaimed motor vehicle or other vehicle comes into the temporary possession or custody of a person in this municipality who is not the owner, lienholder or other legally entitled person of the vehicle, such person shall immediately notify the Police Department when the vehicle is within the corporate limits of the municipality. Upon receipt of such notification, the Police Department or designated representative shall authorize a towing service to remove and take possession of the abandoned, lost, stolen or unclaimed motor vehicle or other vehicle. The towing service will safely keep the towed vehicle and its contents, maintain a record of the tow, as set forth in Section 24-7-5, until the vehicle is claimed by the owner, lienholder, or any other person legally entitled to possession thereof or until it is disposed of as provided in this chapter. (See 625 ILCS 5/4-202.)
(A)
When a vehicle is abandoned or left unattended on a highway in an
urban district for 10 hours or more, its removal by a towing service
may be authorized by the Police Department.
(B)
When an abandoned, unattended, wrecked, burned or partially dismantled
vehicle is creating a traffic hazard because of its position in relation
to the highway or its physical appearance is causing the impeding
of traffic, its immediate removal from the highway or private property
adjacent to the highway by a towing service may be authorized by the
Police Department.
(C)
When a vehicle removal from either public or private property is
authorized by the Police Department, the owner, lienholder or other
legally entitled person of the vehicle shall be responsible for all
towing costs.
(D)
The remaining provisions of Section 4-203 of Chapter 95 1/2,
of the Illinois Compiled Statutes are hereby adopted by reference
and the provisions thereof shall be controlling within the corporate
limits of this municipality. (See 625 ILCS 5/4-203.)
When a vehicle is authorized to be towed away as provided herein,
the Police Department shall keep and maintain a record of the vehicle
towed, listing by color, year of manufacture, manufacturer's
trade name, manufacturer's series name, body style, vehicle identification
number and license plate 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 the name of the officer
authorizing the tow. (See 625 ILCS 5/4-204.)
When the Police Department does not know the identity of the
registered owner, lienholder or other legally entitled person, they
will cause the motor vehicle registration records of the State of
Illinois to be searched by a directed communication to the Secretary
of State for the purpose of obtaining the required ownership information.
The Police Department authorizing the impoundment shall cause
the stolen motor vehicle files of the Illinois State Police to be
searched by a directed communication to the Illinois State Police
for stolen or wanted information of the vehicle. The information determined
from these record searches shall be used by the Police Department
in sending notification by certified mail to the owner, lienholder
or legally entitled person advising where the vehicle is held, requesting
a disposition to be made and setting forth public sale information.
(See 625 ILCS 5/4-205.)
When the registered owner, lienholder, or other person legally entitled to the possession of a motor vehicle or other vehicle cannot be identified from the registration files of this state or from the registration files of a foreign state, if applicable, the Police Department shall notify the Illinois State Police for the purpose of identifying the vehicle's owner, lienholder, or other person legally entitled to the possession of the vehicle. The information obtained by the Illinois State Police shall be immediately forwarded to the Police Department having custody of the vehicle for notification purposes as set forth in Section 24-7-6 of this chapter. (See 625 ILCS 5/4-206.)
Any time before a motor vehicle or other vehicle is sold at public sale or disposed of as provided in Section 24-7-9, the owner, lienholder, or other person legally entitled to its possession may reclaim the vehicle by presenting to the Police Department proof of ownership or proof of the right to possession of the vehicle. No vehicle shall be released to the owner, lienholder, or other legally entitled person under this section until all towing and storage charges have been paid. (See 625 ILCS 5/4-207.)
Whenever an abandoned, lost, stolen, or unclaimed motor vehicle
or other vehicle seven years of age or newer remains unclaimed by
the registered owner, lienholder, or other person legally entitled
to its possession for a period of 30 days after notice has been given
as provided herein, the Police Department having possession of the
vehicle shall cause it to be sold at public auction to a person licensed
as an automatic parts recycler, rebuilder or scrap processor under
Article 5 of Chapter 625, of the Illinois Compiled Statutes. Notice
of the time and place of the sale shall be posted in a conspicuous
place for at least 10 days prior to the sale on the premises where
the vehicle has been impounded. At least 10 days prior to the sale,
the Police Department shall cause a notice of the time and place to
be sent by certified mail to the registered owner, lienholder, or
other person known by the Police 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.
In those instances where the certified notification specified
herein has been returned by he postal authorities to the Police Department
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 shall not be required.
(A)
New car. When the identity of the registered owner, lienholder, 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 chapter, the vehicle may be sold as provided for in Section 24-7-9 of this Code without notice to any person whose identity cannot be determined.
(B)
Old car. When an abandoned vehicle of more than seven years of age
is impounded as specified by this Code, it shall be kept in custody
for a minimum of 10 days for the purpose of determining the identity
of the registered owner and lienholder and contacting the registered
owner and lienholder by the United States mail, public service or
in person for a determination of disposition; and an examination of
the Illinois State Police stolen motor vehicle 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 Chief of Police
shall authorize the disposal of the vehicle as junk.)
(C)
Antique vehicle. A vehicle classified as an antique vehicle may,
however, be sold to a person desiring to restore it. (See 625 ILCS
5/4-209.)
When a motor vehicle or other vehicle in the custody of the
Police Department is reclaimed by the registered owner, lienholder,
or other legally entitled person or when the vehicle is sold at public
sale or otherwise disposed of as provided in this chapter, a report
of the transaction shall be maintained by the Police Department for
a period of one year from the date of the sale or disposal. (See 625
ILCS 5/4-210.)
When a vehicle located within the corporate limits of this municipality
is authorized to be towed away by the Police Department and disposed
of as set forth in this Code, the proceeds of the public sale or disposition,
after the deduction of towing, storage and processing charges, shall
be deposited in the municipal treasury. (See 625 ILCS 5/4-211.)
A law enforcement officer or agency, towing service owner, operator
or employee shall not be held to answer or be liable for damages in
any action brought by the registered owner, former registered owner
or his legal representative, lienholder, or any other person legally
entitled to the possession of a vehicle when the vehicle was processed
and sold or disposed of as provided by this Code. (See 625 ILCS 5/4-213.)
(A)
Any person who violates or aids and abets in the violation of this
article is guilty of a petty offense, and
(B)
Shall be fined not less than $75 nor more than $750, and
(C)
Shall be required by the court to make a disposition on the abandoned
or unclaimed vehicle and pay all towing and storage charges pursuant
to this article. (See 625 ILCS 5/4-214.)
