Village of Coal City, IL Chapter 80 Towing and Impounded Vehicles

[HISTORY: Adopted by the Board of Trustees of the Village of Coal City 8-23-2010 by Ord. No. 09-30. Amendments noted where applicable.]

GENERAL REFERENCES

Abandoned vehicles — See Ch. 90.

§ 80-1 Definitions.

For purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

ABANDONED VEHICLE

Any vehicle as described in ILCS Ch. 625, Act 5, § 4-201, for which the Police Department initiates abandoned vehicle procedures.

IMPOUNDED VEHICLE

A vehicle will be considered to be impounded when the vehicle was used in the commission of a felony, contains evidence of a crime, was towed as an abandoned vehicle, or was used in an accident which resulted in death or great bodily harm.

§ 80-2 Authority to remove, tow or relocate vehicles.

A. The Chief of Police, or his or her designee, is authorized to immediately and without prior notice tow away, or cause to be towed away, any vehicle on any public street or public place under the following circumstances:

(1) The vehicle is parked or left unattended in a posted "Tow Away" zone or lot or in violation of a snow parking ban.

(2) The vehicle is parked or left unattended so that it blocks a driveway or traffic lane and creates an immediate traffic hazard or is endangering the public health or safety by either creating an unsafe condition or hindering the efficient flow of traffic.

B. The Chief of Police, or his or her designee, is authorized to tow away any abandoned vehicle that does not meet the requirements of this section only after giving notice as provided in § 80-3 to the registered owner of the vehicle of his or her right to a hearing to determine whether there exists proper cause to have the vehicle towed if requested within 10 days of the notice.

C. In the event of an emergency which necessitates the removal of any vehicle, members of the Police Department are authorized to remove, tow, or relocate such a vehicle to another location.

D. A vehicle abandoned on private property shall be authorized for removal after a waiting period of seven days after service of the notice provided in § 80-3 or may be removed immediately if determined to be a hazardous dilapidated motor vehicle under ILCS Ch. 65, Act 5, § 11-40-3.1.

§ 80-3 Notice of removal.

A. Notice required in § 80-2B and D shall be forwarded by certified mail, return receipt requested, to the last known address of the owner of the vehicle as indicated on the most current registration as maintained by the Illinois Secretary of State or in the state where the vehicle is licensed. The notice shall contain the following information:

(1) A description of the vehicle;

(2) The legal and factual basis for the tow;

(3) The citation and the language of the Village ordinance or state statute which authorizes the tow;

(4) The address and phone number of the Police Department;

(5) The present location of the vehicle;

(6) The date on which the vehicle will be towed by the Police Department; and

(7) The right to a hearing to determine whether there exists proper cause to have the vehicle towed and the procedures for requesting same.

B. For vehicles that have been impounded, a notice of such impoundment shall be provided using substantially the same form above, which shall also advise the owner of his or her right to a hearing following the tow and that the vehicle has been impounded. Any vehicles towed in accordance with this chapter shall be considered impounded. All impounded vehicles shall remain impounded until claimed by the owner pursuant to proof of ownership, except as otherwise provided in this chapter.

§ 80-4 Towing administrative fee.

[Amended 1-10-2011 by Ord. No. 11-07]

In the event a motor vehicle is towed pursuant to § 80-2, the owner of the motor vehicle shall be liable to the Village for a towing administrative fee of $100, in order to cover the costs incurred by the Village in ensuring that the motor vehicle is properly towed and the personal property enclosed therein is secured and safeguarded. All owners of a motor vehicle shall be jointly and severally liable for the towing administrative fee. This fee shall be in addition to any and all towing, impoundment and storage fees owed to any third parties. If, upon a hearing conducted under § 80-5, it is determined that the tow was not proper, the towing administrative fee shall be waived or otherwise refunded.

§ 80-5 Hearings.

A. The owner of a vehicle towed under § 80-2 shall be provided the opportunity for a post-tow hearing to determine the validity of the tow and any related charges. Hearings shall be overseen by a hearing officer duly appointed under the Village's administrative adjudication system. All requests for a hearing shall be made in writing to the Code Administrator identified in Chapter 41 of the Village Code. The hearing officer shall have the authority to require the presence of the issuing officer or other Village personnel at the meeting as needed.

B. The owner of a vehicle subject to towing under § 80-2B shall be provided the opportunity for a pre-tow hearing to determine the validity of the tow and any related charges. Hearings shall be overseen by a hearing officer duly appointed under the Village's administrative adjudication system. All requests for a hearing shall be made in writing to the Code Administrator identified in Chapter 41 of the Village Code. The hearing officer shall have the authority to require the presence of the issuing officer or other Village personnel at the meeting as needed.

C. The owner of a vehicle seized and impounded under § 80-10 shall be provided the opportunity for a post-tow hearing to determine the validity of the tow and any related charges. Hearings shall be overseen by a hearing officer duly appointed under the Village's administrative adjudication system. All requests for a hearing shall be made in writing to the Code Administrator identified in Chapter 41 of the Village Code. The hearing officer shall have the authority to require the presence of the issuing officer or other Village personnel at the meeting as needed.

D. In those instances where the vehicle has been released, the hearing shall take place within seven business days after the written request from the owner of the vehicle is received by the Code Administrator, unless a later date is requested by the owner.

E. In those instances where the vehicle remains impounded, the hearing shall take place at the option of the owner of the vehicle:

(1) Within 24 hours after the written request from the owner of the vehicle is received by the Code Administrator;

(2) Within seven business days after a hearing is requested on a date that is convenient to all parties; or

(3) Within 14 business days for good cause shown by the owner of the vehicle.

§ 80-6 Release of towed vehicles.

To reclaim an impounded vehicle, the owner of the vehicle must report to the Police Department between the hours of 7:00 a.m. and 3:00 p.m. The owner of the vehicle must be able to provide the Police Department with proof of ownership of the vehicle and proof of identity. Upon sufficient proof, the Police Department shall direct the owner of the vehicle to the appropriate towing agency for payment of the towing bill and recovery of the vehicle. Prior to release, the towing administrative fee of $100 shall be paid to the Village.

§ 80-7 Tow procedures.

A. When conditions exist that warrant that a vehicle be towed under § 80-2, the Police Department will first issue the appropriate citations to the vehicle if a violation has occurred, except as otherwise provided in this chapter, and will note the proper authority to tow the vehicle. The Police Department will attempt to contact the registered owner of the vehicle if possible and no immediate safety hazards exist.

B. The Police Department shall utilize the services of a private towing company. If towed, the vehicle shall impounded and stored in a secure facility owned, leased, or operated by the Village or a private towing company.

C. Information concerning the towed vehicle shall be entered into the LEADS system and a towed motor vehicle report shall be generated. A copy of the confirmation that the LEADS entry has been accepted shall be attached to the towed motor vehicle report. The completed towed motor vehicle report shall be forwarded to the appropriate Records Division and the vehicle shall be reported to the Illinois Secretary of State as a towed/impounded vehicle.

D. It shall be the responsibility of an officer impounding a vehicle to conduct an inventory search of the vehicle. Any item located in the vehicle which may be of some value shall be retained for safekeeping. Any closed containers located in the vehicle where the contents are unknown shall be inventoried as well.

§ 80-8 Disposal of unclaimed vehicles.

A. When an abandoned or unclaimed vehicle remains unclaimed by the registered owner or the person that is legally entitled to its possession, the vehicle is seven years old or newer, and at least 30 days have passed since notice was given as required under this chapter, the Chief of Police or his or her designee shall cause the vehicle to be sold at a public auction to the highest bidder. Notice of the time and place of the sale shall be advertised in accordance with Village policy.

B. At least 10 days prior to the auction, the Chief of Police or his or her designee shall cause notice of the impending sale to be sent by certified mail to the last known registered owner or the person legally entitled to the possession of the vehicle. The notice shall contain a description of the vehicle to be sold, the time and place of the auction, and the actions necessary to reclaim the vehicle. Transmittal of a second notice when the original notice required under this section is returned as undeliverable is not required.

C. No member of the Police Department, Village official, or employee of the Village shall directly or indirectly purchase or participate in any way in the bidding of any vehicle offered for sale under this section.

D. The net proceeds from the sale of vehicles under this section shall be paid to the general fund of the Village.

§ 80-9 Documentation of vehicle release or disposition.

When a motor vehicle in the custody of the Police Department is reclaimed by the registered owner or the person legally entitled to the possession of the vehicle, or is sold or otherwise disposed of, property release form and supplementary report detailing the release or disposition of the vehicle shall be generated. It shall be the responsibility of the investigating officer to remove the vehicle's information from the LEADS system and to create a supplemental report indicating the course of action taken and disposition of the vehicle.

§ 80-10 Seizure and impoundment.

A. In addition to the authority given by § 80-2, and in the exercise of its police powers, the Village may seize and impound any motor vehicle that is operated with the permission, express or implied, of the owner of record ("owner") in connection with any of the enumerated violations set forth below if that violation prevents the driver from lawfully operating the vehicle or if a police officer determines that seizure and impoundment of the vehicle is reasonably necessary as a community caretaking function so that the vehicle does not jeopardize public safety and the efficient movement of vehicular traffic. The violations for which seizure is authorized in this section are set forth in the Illinois Criminal Code, ILCS Ch. 720, Act 5, § 36-1, or in the Illinois Vehicle Code and include, but are not limited to, the following:

(1) Driving with a suspended or revoked license in violation of ILCS Ch. 625, Act 5, § 6-303.

(2) Driving under the influence of drugs or alcohol in violation of ILCS Ch. 625, Act 5, § 11-501(a).

(3) Driving without a valid driver's license in violation of ILCS Ch. 625, Act 5, § 6-101(a), except to the extent that:

(a) The person had a valid driver's license that is expired for less than 12 months; or

(b) The person is less than 17 years of age and operating a motor vehicle on any street or highway in violation of the Village curfew provisions set forth in Chapter 132, Public Order Offenses, § 132-2.

[Amended 7-27-2016 by Ord. No. 16-16]

(4) Fleeing or attempting to elude a peace officer in violation of ILCS Ch. 625, Act 5, § 11-204.

(5) Street racing in violation of ILCS Ch. 625, Act 5, § 11-506.

(6) Illegal transportation or possession of alcoholic liquor in violation of ILCS Ch. 625, Act 5, § 11-501(a).

(7) Firearms offenses.

(a) Unlawful use of weapons in violation of ILCS Ch. 720, Act 5, § 24-1;

(b) Unlawful use or possession of weapons by felons or persons in the custody of Department of Corrections facilities in violation of ILCS Ch. 720, Act 5, § 24-1.1;

(c) Aggravated discharge of a firearm in violation of ILCS Ch. 720, Act 5, § 24-1.2;

(d) Aggravated discharge of a machine gun or a firearm equipped with a device designed or used for silencing the report of a firearm in violation of ILCS Ch. 720, Act 5, § 11-1.2-5;

(e) Reckless discharge of a firearm in violation of ILCS Ch. 720, Act 5, § 24-1.5; and

(f) Aggravated unlawful use of a weapon in violation of ILCS Ch. 720, Act 5, § 24-1.6.

(8) (Reserved)[1]

[1] Editor's Note: Former Subsection A(8), which pertained to possession of cannabis, was repealed 12-11-2019 by Ord. No. 19-47.

(9) Drug offenses: unauthorized possession or delivery of controlled substances in violation of ILCS Ch. 720, Act 570, § 402, drug paraphernalia or cannabis except as authorized by the Cannabis Regulation and Tax Act[2] and Compassionate Use of Medical Cannabis Program Act.[3]

[Amended 12-11-2019 by Ord. No. 19-47]

[2] Editor's Note: See 410 ILCS 705/1-1 et seq.

[3] Editor's Note: See 410 ILCS 130/1 et seq.

(10) Illegal operation of a sound amplification system in violation of ILCS Ch. 625, Act 5, § 12-611.

(11) Any other misdemeanor or felony of the Illinois Vehicle Code where a custodial arrest is initiated.

B. Impoundment and seizure under Subsection A shall not be performed if another person is immediately available to legally take control of the vehicle, such person can remove the vehicle to a safe location, such is requested by the owner of the vehicle, and the vehicle is not otherwise required to be seized and impounded under the law or otherwise necessary for evidence.

C. Probable cause must exist for the impoundment and seizure of a vehicle related to any crime.

D. Except as otherwise provided in § 80-17, upon demonstration that it has the right to possession of a seized motor vehicle, a lessor, whether a rental agency or otherwise, or lien holder of a motor vehicle shall have the right to pay the administrative fee and be issued a release from the Police Department authorizing it to gain possession of the vehicle.

E. "Seizure and impoundment" as used herein includes the necessary towing of said vehicle.

§ 80-11 Seizure and impoundment administrative fee.

In the event a motor vehicle is seized and impounded pursuant to § 80-10, the owner of the motor vehicle shall be liable to the Village for an impoundment and seizure administrative fee of $200, in order to cover the costs incurred by the Village in ensuring that the motor vehicle is properly removed from the scene of the incident and the vehicle, and personal property enclosed therein, is secured and safeguarded, and any passengers in the vehicle, including children, are assisted. All owners of a motor vehicle shall be jointly and severally liable for the seizure and impoundment administrative fee. This fee shall be in addition to any and all towing, impoundment and storage fees owed to any third parties. If, upon a hearing conducted under § 80-5, it is determined that the tow was not proper, the seizure and impoundment administrative fee shall be waived or otherwise refunded.

§ 80-12 Seizure and impoundment procedures.

A. Whenever a police officer has reason to believe that a motor vehicle is subject to seizure and impoundment pursuant to § 80-10A, the police officer may order that the vehicle be seized and impounded. Notice of the seizure and impoundment must be given to the owner of the vehicle, and the rights herein, within 72 hours. The Police Department shall utilize the services of a private towing company. If towed, the motor vehicle must be impounded and stored in a secure facility owned, leased, or operated by the Village or a private towing company.

B. The police officer shall inform the person being arrested for the offenses identified in § 80-10A, or any owner of the vehicle at the scene of the arrest, of the circumstances, rights and obligations related to the:

(1) Seizure and impoundment of the vehicle;

(2) Owner's right to retrieve the vehicle by payment of the seizure and impoundment fee to the Village and towing and storage fees and costs to the private towing company; and

(3) Availability of posting a bond in the full amount of the seizure and impoundment administrative fee and to request a hearing before an administrative hearing officer to determine whether or not the seizure and impoundment was proper.

C. The police officer shall allow for another properly licensed person to drive the vehicle, if insured, from the scene of the arrest if that person is the owner, or is authorized by the owner, and such person is present at the scene prior to the arrival of the tow truck. The police officer may, but shall not be under any duty or requirement to:

(1) Allow a driver being arrested to make or send a telephone call, electronic message or other attempt to contact a person to drive the vehicle from the scene of the arrest; and

(2) Initiate such call, message or contact another person on behalf of the arrestee.

D. Upon the arrest of a driver for violations referenced in § 80-10A, the vehicle shall not be removed from the scene by any owner, or another person authorized by the owner, if the police officer determines that the vehicle should not be released due to the applicability of § 80-17.

E. The imposition of the seizure and impoundment administrative fee of $200 shall not apply if the vehicle driven by a person arrested in connection with the offenses identified in § 80-10A was stolen at that time and the theft was reported to the appropriate police authorities within 24 hours after the theft was discovered or reasonably should have been discovered.

§ 80-13 Release of seized or impounded vehicle.

A. Procedure.

(1) Any owner, or lien holder or lessor of record of a motor vehicle that is seized and impounded pursuant to § 80-10 of this chapter may regain possession of the vehicle by:

(a) Paying to the Village the administrative fee of $200; or

(b) Posting a bond in the full amount of the fee; and

(c) Providing proof of appropriate insurance.

(2) The fee or bond shall be paid at the Police Department. The fee or bond shall only be paid with cash, credit card, cashier's or certified check, or other type of payment acceptable to the Village that has the legal effect of being equivalent to the aforementioned methods of payment.

B. Upon payment of the fee or bond, the Police Department shall provide the payor with a document authorizing the release of the vehicle from the private towing company. The owner, or any authorized lessor or lien holder, may present the Department-issued document authorizing release to the private towing company and, upon payment of any fees and costs to company for towing and storage of the vehicle, shall regain possession of the vehicle.

§ 80-14 Right to hearing; posting of bond.

A. Any owner, or lien holder or lessor of record of a motor vehicle that is seized and impounded pursuant to § 80-10 of this chapter shall have the right to a hearing under the same procedures as set forth in § 80-5 to contest whether the seizure and impoundment was proper. All requests for a hearing shall be made in writing to the Code Administrator identified in Chapter 41 of the Village Code. If a request for a hearing is made, a bond in the amount of $200 must be posted with the Police Department and it shall be held by the Village until the hearing officer makes a final decision.

[Amended 7-27-2016 by Ord. No. 16-16]

B. Hearings shall be held at the time and date provided for hearings under § 80-5. If a request for a hearing is not made at the time the administrative fee is paid or the bond is posted, the owner shall be deemed to have waived the right to a hearing. No party shall have a right to a hearing unless requested within 10 days of the date of the impoundment.

§ 80-15 Collection of unpaid administrative fee.

If an administrative fee is imposed pursuant to this chapter, the fee shall constitute a debt due and owing the Village and the Village may collect same in accordance with the law.

§ 80-16 Lien holders.

Except as may otherwise be provided by law, no owner, lien holder, lessor, or other person shall be legally entitled to take possession of a vehicle impounded under this chapter until the administrative fee has been paid or a bond is posted. However, whenever a lien holder against the impounded vehicle has commenced foreclosure proceedings, then possession of the vehicle shall be given to the lien holder without the requirement that the administrative and public safety fee be paid or bond posted, conditioned upon the lien holder agreeing in writing to pay to the Village the fee from the net proceeds of any foreclosure sale.

§ 80-17 Restrictions on release of vehicles.

A. The provisions of this chapter authorizing an owner, or other party, to regain possession of a motor vehicle are not applicable when vehicle or asset forfeiture proceedings have been instituted under state or federal drug asset forfeiture laws or ILCS Ch. 720, Act 5, Article 36. In such case, the Village shall not release, or dispose of, the vehicle to any person, except as consistent with those proceedings.

B. In the event the Police Department determines that the vehicle seized and impounded pursuant to this chapter should not be released to its owner or other persons, or disposed of as an unclaimed vehicle, due to the need to retain the vehicle as part of a continuing criminal investigation, or as evidence in a crime, then the Village shall notify the owner no later than five days after the seizure and impoundment that the vehicle will be retained and not released except as required by law.

§ 80-18 Multiple owners.

Whenever in this chapter the word "owner" is used, it shall apply to all owners. This chapter presumes that all owners have equal rights to a seized an impounded vehicle. In instances of multiple owners of a vehicle, the Village shall not have any duty or responsibility to inquire or determine whether all owners concur with, or object to, any action taken, or omissions, by any one owner in relation to the vehicle seized and impounded.

§ 80-19 Liability of Village.

No liability shall inure to the Village for damage to vehicles, or belongings therein, that are towed or seized and impounded under this chapter.