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