[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.
For purposes of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
Any vehicle as described in ILCS Ch. 625, Act 5, § 4-201,
for which the Police Department initiates abandoned vehicle procedures.
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.
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.
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.
[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.
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.
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.
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.
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.
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.
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
(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.
(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]
(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.
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.
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:
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.
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:
(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.
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.
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.
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.
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.