[Added 8-16-2011 by Ord. No. 6694]
As used in this article, the following terms shall have the
meanings indicated:
A company engaged in the business of booting or otherwise
immobilizing motor vehicles and properly and currently licensed by
the City to do business in the City.
The attachment of a lockable, road wheel clamp or similar
device (sometimes referred to as a "boot") to a motor vehicle that
renders the motor vehicle immovable until the device is unlocked or
removed. Immobilization sometimes is referred to as "booting."
The act of immobilization (or "booting") of a motor vehicle.
Any vehicle propelled by a motor, including without limitation
automobiles, trucks, vans, motorcycles, and motor scooters.
The owner of the parking lot or area or the authorized operator
of the parking lot or area, and any person having a financial or other
beneficial interest in:
No motor vehicle parked in a privately owned parking lot or
area may be immobilized without the permission of the motor vehicle's
owner, except only if all of the following conditions are present:
A.
The vehicle is parked illegally, or otherwise is not authorized to
park in the place it is located, at the time of being immobilized;
B.
Immobilization is undertaken by an authorized booting company;
C.
The parking lot or area has been posted with warning signs complying with the requirements of this article (see § 496-156);
D.
Immobilization has been authorized in writing by the parking lot
owner or operator, or by a duly authorized agent of the parking lot
owner or operator;
E.
The motor vehicle owner or authorized user is not present, and has
not been present, at any time during the immobilization activity;
Notice of the immobilization must be given to the Police Department
at least 15 minutes after immobilization is undertaken, which notice
must include all of the following information: the time the immobilization
occurred, the parking lot location, the description and license plate
number of the motor vehicle.
No person or entity may immobilize a vehicle on private property
without first securing a vehicle immobilization license issued by
the City of Crystal Lake Chief of Police, or his designee.
A.
Application. All applicants for a vehicle immobilization license
must complete a license application in a form provided by the City.
The application must include all the following information:
(1)
The name, business address, and permanent telephone number of
the applicant.
(2)
A list of the names, home addresses and telephone numbers of
each owner and employee of the applicant and, for each such person,
a list of each conviction for any crime or ordinance violation within
the five years immediately preceding the date of the application,
including for each conviction the specific charge, the date of conviction,
the place of conviction, and the sentence.
(3)
A list of each privately owned parking lot and area at which
the applicant intends to undertake immobilization and the names of
each parking lot owner and operator and of each person authorized
to order the immobilization.
(4)
Proof of liability insurance in the amount not less than $100,000
per person for injury or death and not less than $25,000 per property
damage incident, issued by an insurer authorized to underwrite risks
in Illinois.
B.
Fee. The annual fee for a vehicle immobilization license is $100.
This fee is nonrefundable. This fee must be paid at the time an application
is submitted.
C.
License term; renewal fee; termination. A vehicle immobilization
license is for a term not exceeding one year. Every vehicle immobilization
license will expire on April 30 of each year. The annual fee for renewal
of a vehicle immobilization license is $100, which must be paid prior
to the date of expiration of the license. A vehicle immobilization
license is terminated automatically and without further action of
the City if the renewal fee is not paid within 15 days after the time
required by this subsection. In the event of such termination, the
vehicle immobilization license cannot be reissued by the City except
after payment by the licensee of the full annual fee.
When any information required on the vehicle immobilization
license application has changed, or is supplemented with new information,
the authorized booting company must submit that changed or supplemental
information to the City within 15 days after the change or supplement,
on a form provided by the City.
A.
Every private parking lot or area on which immobilization may be
undertaken at any time must be posted with not fewer than two warning
signs complying with the requirements of this section for not less
than 14 days before the first immobilization occurs.
B.
Every required warning sign must be approved by the City's Community
Development Department prior to its installation, and all warning
signs are subject to the fees provided in this Code. The Community
Development Department may specify the locations within the parking
lot or area where the warning signs must be posted. The Community
Development Department also may require the installation of more than
two warning signs if the Department determines that the size or configuration
of the parking lot or area warrants more than two signs to properly
alert motor vehicle drivers.
[Amended 6-3-2014 by Ord. No. 7036]
C.
All required warning signs must meet all of the following standards:
(1)
Each sign must be posted in a location within the parking lot
or area that is clearly visible at all times by vehicle operators.
Each posted location must be free from obstruction by any natural
or man-made objects.
(2)
Each sign must include a warning that unauthorized vehicles
will be immobilized.
(3)
Each sign must be not less than 24 inches in height and 36 inches
in width.
(4)
Each sign must be posted with the bottom of the sign not less
than four feet above the ground nor more than eight feet above the
ground.
(5)
The lettering on each sign must be painted with reflective material
that provides a dramatic contrast from the color of the sign background.
(6)
Each sign must state the maximum total cost to be paid for release of the immobilized vehicle. That amount may not exceed $100 (see § 496-159).
(7)
Each sign must contain the name and telephone number of the
authorized booting company.
The authorized booting company must place a notice on the window
of the driver's door of every motor vehicle that has been immobilized.
The notice must be easily removable and must include all of the following
information:
An authorized booting towing company must remove an immobilization
device within 60 minutes after receiving a request for that removal,
except only if the authorized booting company cannot meet that time
requirement because it is currently actively engaged in another immobilization
device removal. Under those, and all other, circumstances, the authorized
booting company must respond to the removal request and remove the
device as quickly as possible.
The total charge for complete release of a vehicle that has
been immobilized on a private parking lot or area may never exceed
$100. The authorized booting company must accept payment of the charge
in cash or by credit or debit card.
The authorized booting towing company must maintain a telephone
number at which a company representative can be reached 24 hours per
day, every day.
Any person, firm or corporation who or which violates the provisions of this article may, in addition to any penalty imposed under Chapter 1, Article II, General Penalty, of this Code, suffer the penalty of having his, her or its vehicle immobilization license revoked for any such violation. Revocation shall be in writing signed by the Chief of Police. Each incident of violation shall be a separate offense and punishable as described.
This article does not apply to immobilization activities conducted
by or on behalf of the City, or the Police Department or any other
public law enforcement agency, or the Fire Rescue Department or any
other public fire/rescue agency, or any other governmental official
engaged in her or his official duties.
