[Added 4-15-1985 by FMC-202]
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Editor’s Note: The title of this article was changed
from “Towing Regulations” to “Towing Regulations
for Abandoned, Hazardous and Unlawful Vehicles” 5-13-2019 by
FMC-2019-7.
For the purposes of this article, the following terms shall
have the meanings stated in this section. Any term not defined herein
shall have the meaning ascribed to it in other ordinances of this
municipality, and if not defined in any other municipal ordinances,
it shall have the meaning ascribed in the Illinois Vehicle Code, 625
ILCS 5/1-101 et seq.
A vehicle parked or otherwise located on the public way and:
In such a state of disrepair that it is incapable of being driven;
or
That has been unmoved for a period of at least 24 hours and
from its condition, the period during which it has not been moved
or some other circumstance appears to have been and will be presumed
to have been abandoned by its owner; or
Vehicles parked in a public parking lot or on private property
without the consent of the lot owner, proprietor or agent of the property,
which person has requested that the vehicle be towed; or
A vehicle defined as abandoned, or capable of being towed, by
any other ordinances of the municipality, and which does not fall
into the categories of hazardous or unlawful vehicles, and therefore
is not subject to an immediate tow.
A vehicle that has been involved in an accident and is disabled
or cannot be immediately moved by the owner or operator of the vehicle;
or
A vehicle that presents an immediate danger to the health or
welfare of the members of the public; or
A vehicle abandoned or disabled on a public street, way or alley
that is impeding the orderly flow of traffic or poses a potential
danger to pedestrians and other operators of vehicles; or
A vehicle that must be moved to allow for proper municipal snow
removal from a public street, way or alley.
A person who holds legal title to the vehicle or the right
of possession of the vehicle.
A vehicle that has been reported stolen or is the subject of
a search and seizure by the Police Department; or
A vehicle parked in violation of State of Illinois statutes
or ordinances of the municipality which prohibit parking at the location
in question or for the period of time for which the vehicle has been
parked, and where either the statute or the ordinance authorize the
vehicle to be towed and the signs posted at the general location note
that fact.
Any device in, upon or by which any person or property is
or may be transported or drawn upon a street, highway or any public
way, except devices moved by human power, devices used exclusively
upon stationary rails or tracks, and snowmobiles.
The towing of vehicles by the municipality, or by its approved
towing service operators on behalf of the municipality, shall be authorized
only by the Police Department and only under the circumstances herein
provided. Towed vehicles shall be impounded at facilities designated
by the Police Department until lawfully claimed or disposed of pursuant
to state law, 625 ILCS 5/1 et seq.
A.
Towing without notice; immediate tows. Hazardous or unlawful vehicles may be towed without prior notice; except that, when an unlawful vehicle is only one that has been reported as stolen and is not towable for some other specific reason, the owner should be, when practicable, notified by telephone or other means and given the opportunity to claim or move the vehicle, if he so wishes, to avoid incurring the expenses of a police-ordered tow; provided, however, that the vehicle may be towed if the owner permitted the tow to be made when the vehicle was reported stolen or at any time thereafter, in the form provided in § 270-8-10. Within 24 hours after towing a vehicle pursuant to this chapter, a notice shall be sent to or personally delivered to the owner of the vehicle affording the opportunity for a hearing as provided in §§ 270-8-5 and 270-8-6 of this article.
A.
Notice pursuant to this section shall be personally delivered to the owner or shall be forwarded by certified or registered mail, return receipt requested, to the address of the owner of the vehicle as indicated in the most current registration list of the Secretary of State. The notice shall be in the form provided in § 270-8-8 of this article. In the event that an out-of-state vehicle is proposed to be towed, inquiry by computer, telephone or letter shall be made of the Secretary of State of the particular jurisdiction for the furnishing of the most current registered name and address of the owner of the vehicle, and notice shall be mailed as provided herein to the address furnished, though in no case will the municipality be required to delay towing more than seven days after the date of the mailing or personal delivery of the notice if no request for a hearing has been received within that seven-day period.
B.
A notice of intent to tow sticker with the earliest date upon which
the tow may take place and the address and phone number of the Police
Department shall be placed on the vehicle.
A.
Opportunity for hearing. The owner or person entitled to possession
of a vehicle to be towed as an abandoned vehicle shall have seven
days after the date of mailing or personal delivery of the notice
to request, in writing, a pre-tow hearing. Subsequent to this seven-day
period, the vehicle may be towed, if the owner has not filed a written
hearing request within the seven-day period, and any hearing rights
under the provisions of this chapter will be deemed waived.
B.
Scheduling of pre-tow hearings. The pre-tow hearing shall be scheduled
for a date within 14 days of the mailing or personal delivery of the
pre-tow notice. The municipality shall not be required to delay towing
longer than towing longer than such a fourteen-day period.
C.
Request for pre-tow hearings. Requests for a pre-tow hearing are
to be made in person to the office indicated on the notice. Requests
for hearing by persons who reside more than 50 miles from the municipality
may be made by mail. Forms for such requests shall be made available
at the Police Department. At the time of making the request, the owner
will be provided a hearing date and time by mail or in person, as
the circumstances require.
D.
Appointment of hearing officer. The municipality shall choose an
officer or employee of the municipality to serve as hearing officer.
In no case shall that hearing officer be an individual who was involved
in the initial decision to tow the vehicle. The hearing officer shall
have the authority to require the presence of the enforcement officer
who initiated the proposed tow or any other municipal personnel.
E.
Nature of hearing. The hearing shall be informal in nature, and the
rules of evidence shall not apply. The hearing will not be determinative
of, or adjudicate, any citation relative to any vehicle. After receiving
all relevant evidence, the hearing officer shall make a written decision
based upon a preponderance of the evidence as to whether towing of
the vehicle is authorized by the laws of the State of Illinois or
the ordinances of the municipality, with a specific statutory or ordinance
section cited in the decision. The owner shall be provided a copy
of such pre-tow hearing decision.
F.
Decision to tow and rates to be charged. If the preponderance of the evidence supports towing and compliance with the provisions of this article, the hearing officer shall direct that the vehicle be towed, with any towing and storage costs to then be imposed upon the owner thereof. The fees to be charged for towing and storage services shall be no more than the maximum rates set by the Chief of Police pursuant to the provisions of § 270-8-5 of this article. The owner of said vehicle having had such a hearing may avoid the towing by immediately removing the vehicle from the improper location to a proper, lawful location and correcting any unlawful condition of the vehicle.
G.
Decision not to tow. If the preponderance of the evidence fails to
support towing of the vehicle, the hearing officer shall direct that
the vehicle shall not be towed. The municipality shall furnish a copy
of such decision to the owner, who may place it inside the vehicle
in a location plainly visible from the outside, such as the dashboard
or rear window. No vehicle about which such a decision has been rendered
shall be towed by the municipality unless the circumstances under
which the decision was rendered have changed. If at some subsequent
time the municipality should wish to tow the vehicle from the same
location, it shall follow the same procedures required for the towing
of any other similarly situated vehicle.
H.
Reports and documents to be retained; contesting decisions. Originals
or copies of all notices, pre-tow hearing decisions, towing reports,
and any associated police reports or documents shall be retained by
the Police Department for a period of at least five years after each
hearing, or after each tow if no hearing was requested or held. The
municipality or the owner may contest the decision of the hearing
officer in any manner provided by law.
A.
Mailing or delivery of notice. Notice pursuant to this section shall be forwarded by certified or registered mail, return receipt requested, to the address of the owner of the vehicle as indicated in the most current registration list of the Secretary of State, unless the notice is personally delivered to the owner, in which case, the date and time of the delivery and the name of the police officer making the delivery shall be noted in the Police Department records or reports. The notice shall be in the forms provided in § 270-8-7A and B of this article, and shall be mailed or delivered within 24 hours of the tow, as provided in § 270-8-2A. In the event that the municipality has towed an out-of-state hazardous or unlawful vehicle, inquiry by computer, telephone or letter shall be made of the Secretary of State of the particular jurisdiction for the furnishing of the most current registered name and address of the owner of the vehicle, and notice shall be mailed as provided herein to the address furnished.
B.
Posting of signs showing hearing rights. All approved towing service operators shall prominently post at least one sign, with dimensions of at least 12 inches by 18 inches, indicating the opportunity and procedures for a hearing to contest the validity of a towed vehicle. The sign, the form for which is set out in § 270-8-7A, shall be placed in locations readily visible to the public transacting business at any towing facility. If a towing service operator performs services for more than one municipality, the information for contacting the various appropriate municipal offices can be listed in one such sign, the format for which shall be substantially similar to the form set out in § 270-8-7A.
C.
Requests for post-tow hearings. Requests for hearings may be made
in person at the office indicated on the notice within 15 days of
the mailing or personal delivery of the notification of tow, or release
of the vehicle, whichever occurs first; otherwise, the right to a
hearing shall be deemed waived. Requests for hearings by persons who
reside more than 50 miles from the municipality may be made in person
or by mail received by the municipality within the fifteen-day period.
D.
Release of motor vehicles. Before the owner or person entitled to
possession of any impounded vehicle shall be permitted to remove same,
the owner or other person entitled to possession shall furnish evidence
of his identity, ownership of the vehicle, or his right to possession,
sign a receipt for the vehicle, and pay the amount currently owed
for towing and storage fees to the towing service operator. The Police
Chief is authorized to promulgate regulations as to the documents
or other proof necessary to establish these facts.
E.
Establishment of maximum towing and storage rates. The owner shall pay fees to the towing service operator for towing and storage on police-ordered tows at rates that do not exceed maximum amounts to be administratively established by the Chief of Police and which may be revised from time to time. The basic rates for such fees shall be shown in the form and sign concerning vehicle release requirements set forth in § 270-8-7A. However, nothing in this article is intended to prevent a competitive towing service operator from charging less than the established maximum rates for police-ordered or any other tows. In arriving at the maximum rates for various services, the Chief of Police shall consider such matters as the prevalent market rates in the area for the different types of vehicles, the types of storage and area requirements for categories, such as large trucks and commercial vehicles, and the relative difficulties and amount of work required to perform various types towing operations. For particularly difficult or unusual towing jobs, such as large or serious accidents, the Chief of Police is authorized to allow towing operators to charge rates above those established for normal situations, which special charges must be based upon the cost of services provided, taking into account such matters as the man-hours and equipment time required for the job. A towing service operator must fully itemize, in writing, the details of such a billing at special rates for a particularly difficult or unusual tow, and supply a copy of the itemized bill to the owner and to the Police Department. Any such special rates charged must be customary in the towing industry in the area for the nature and extent of the services provided. Every towing service operator and the Police Department shall have available a copy of the complete current rate schedule and any special rate policy established by the Chief of Police for vehicle owners to view upon request.
A.
Opportunity for hearing. The owner of a vehicle towed as an immediate
tow, by or pursuant to the authority of the Police Department as set
forth herein, shall be provided the opportunity for a post-tow hearing
to determine the validity of such tow and any towing or storage charges.
The hearing will not be determinative of, or adjudicate, any citation
issued relative to any towed vehicle.
B.
Nature of the hearing and hearing officer. The nature of hearing and the appointment of the hearing officer shall be the same as set forth above in § 270-8-4D and E.
C.
Scheduling of post-tow hearings. Hearings shall take place as follows:
(1)
In those instances where the vehicle has been released upon
the deposit of the full payment currently owed for towing and storage
charges, and the owner has properly requested a hearing, the hearing
shall take place within 15 days after the release of such vehicle,
unless the owner requests a later date convenient to all parties.
(2)
In those instances where the vehicle remains impounded, the
hearing shall take place, at the option of the owner:
(a)
On the next day after an owner's demand for such hearing, excluding
Saturdays, Sundays and holidays; if such demand is made after 1500
hours (3:00 p.m.), or if the unavailability of a necessary witness
or evidence creates a particular difficulty in conducting the hearing
on the next calendar day, then a hearing shall be held on the second
day following the request, excluding Saturdays, Sundays and holidays;
or
(b)
If acceptable to the owner, within 15 days of said request on
a date convenient to all parties.
D.
Conduct of post-tow hearing. The hearing officer shall review all
evidence presented by the vehicle owner and the Police Department
or other municipal employees, and shall make a finding based upon
the preponderance of the evidence presented, as to the lawful authority
for the towing and storage of the vehicle. The municipality must establish
such authority by a preponderance of the evidence.
E.
Post-tow hearing decision. For each hearing, the hearing officer shall complete a post-tow hearing decision and attach such decision to the Police Department's original vehicle towing report, and supply a copy of the decision to the owner by personal delivery if the owner is present, otherwise by mail. The decision and findings shall be substantially as stated in the form for the post-tow hearing decision, set forth in § 270-8-9 of this article.
F.
Reports and documents to be retained; contesting decisions. All originals
or copies of the notices, post-tow hearing decisions, towing reports,
and any associated police reports or documents shall be retained by
the Police Department for a period of at least five years after each
hearing, or after each tow if no hearing was requested or held. The
municipality or the owner may contest the decision of the hearing
officer in any manner provided by law.
G.
Towing services subject to ordinance. Notwithstanding any other ordinance
or statutory provisions to the contrary, any towing service operator
authorized to perform tows on behalf of the municipality must perform
its services subject to the provisions of this article. However, the
towing company shall have the right to recover the reasonable value
of its services for police-ordered tows, which are not paid by the
vehicle owner, from the municipality; provided, however, that if a
tow or the charge for a tow is found by a court to be illegal and
the towing service operator is required to return the charge for the
tow to the owner of the vehicle, the municipality shall not be liable
to reimburse the operator for the towing charges.
A.
The following form shall be utilized in the administration of §§ 270-8-5 and 270-8-6 of this article for posting in towing establishments and mailing or delivering to owners:
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NOTICE OF VEHICLE RELEASE REQUIREMENTS AND HEARING RIGHTS
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Before the owner or person entitled to possession of any impounded
vehicle shall be permitted to remove the same from custody of the
Police Department or towing service operator, he shall furnish evidence
of his identity and ownership of the vehicle and right of possession
thereto, shall sign a receipt for the vehicle, and shall pay a fee
not exceeding $_____ for a passenger vehicle of not more than seven
passengers, and $_____ for a truck or commercial vehicle to cover
the cost of towing or removal to a vehicle pound or authorized garage,
and in addition thereto, the cost of storage not exceeding $_____
per day for a passenger vehicle of not more than seven passengers,
and $_____ per day for a truck or commercial vehicle. However, higher
fees may necessarily be charged in particularly difficult or unusual
towing or storage circumstances, for which rate information is available
upon request at the Police Department or towing business location.
If the owner or person entitled to possession wishes to contest the
validity of the tow, he may obtain a hearing under the conditions
of either Paragraph (A) or (B) stated below:
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TO OBTAIN HEARING
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(A)
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If the vehicle has been released, he may, within 15 days of
the release of the vehicle or the mailing or personal delivery to
him of the notification of the tow, whichever occurs first, request
a hearing by contacting in person the office of
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(Name of office, address and phone number)
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Anyone residing more than 50 miles away from the municipality
may make a request for hearing by mail. The right to any hearing will
be deemed waived unless a written request for hearing is received
by the above office within the applicable fifteen-day period.
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(B)
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If the vehicle is still impounded, he may contact the above
office and obtain a hearing within the next day after the request,
excluding Saturdays, Sundays and holidays, unless the request is made
after 3:00 p.m., or unless there are particular difficulties in having
the hearing on the next day, in which case the hearing will take place
on the second day thereafter, excluding weekends and holidays.
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NATURE OF HEARING
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The hearing shall be conducted according to municipal ordinance
provisions, and shall determine the validity of the impounding of
the vehicle and the imposition or refund of any towing or storage
charges, but the hearing will not determine or adjudicate any citations
issued.
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If the hearing officer sustains the validity of the tow and
storage, the owner or person entitled to possession will be required
to pay all unpaid towing and storage fees before obtaining the release
of the vehicle.
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B.
The following form shall be utilized in the administration of §§ 270-8-5 and 270-8-6 of this article for the mailing or delivery of post-tow notice to owners, including the form set forth in Subsection A:
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TO: (Name)
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Post-Tow Incident Report No. __________
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Date of Certified or Registered Mailing: __________
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or
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Date and Time of and Name of Person Making Personal Delivery:
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POST-TOW NOTICE
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You are listed as the registered owner or person entitled to
possession of the following described vehicle:
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__________ (make), __________ (model/year) __________ (other
identifying features) __________ (license plate number and State)
which is impounded at: __________ (name and address of towing service
operator or municipal autopound)
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The vehicle was towed from __________ (location) on __________
(date) by the authority of the municipality of __________ (name of
municipality), as an unlawful or hazardous vehicle, to wit: __________
(facts forming basis of tow) as defined in __________ (ordinance or
statutory section)
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The towing was authorized by __________ (ordinance or statutory
section) which provides that:
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You have the rights and payment obligations as set forth in
the enclosed Notice of Vehicle Release Requirements and Hearing Rights.
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The following form shall be utilized in the administration of §§ 270-8-3 and 270-8-4 of this article for the mailing or delivery of pre-tow notices to owners:
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TO: (Name)
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(Address)
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Pre-Tow Incident Report No. __________
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Date of Certified or Registered Mailing: __________
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or
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Date and Time of and Name of Person Making Personal Delivery:
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PRE-TOW NOTICE
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You are listed as the registered owner or person entitles to
possession of the following described vehicle:
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__________ (make), __________ (model/year) __________ (other
identifying features) __________(license plate number and State)
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Which is located at __________ (location) in an apparently abandoned
or unusable condition, to wit: __________ (facts forming basis of
proposed tow) as defined in __________ (ordinance or statutory section)
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The municipality of __________ (name of municipality) will tow
the vehicle or cause it to be towed after seven days from the above
date of mailing or personal delivery unless you move the vehicle to
a lawful location or request a hearing as set forth below. Any such
hearing will only concern the proposed towing, and will not be determinative
of or adjudicate any parking ticket or other citation concerning the
vehicle. If the vehicle is towed, you will be required to pay all
towing and storage charges before the vehicle is released.
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The towing is authorized by __________ (ordinance or statutory
section) which provides that: __________
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If you wish to request a hearing on the legality of the present
location and condition of your vehicle, you must contact the office
listed below and file in person a request for such hearing within
seven days of the above date of mailing or personal delivery, unless
you live more than 50 miles from the municipality, in which case you
may mail a request for hearing that must be received by the office
listed below within seven days from the mailing or personal delivery
of this notice:
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(name of office, address and phone number)
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The following form shall be utilized by the hearing officer for post-tow hearing decisions as required in § 270-8-6 of this article:
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Post-Tow Incident Report No. __________
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POST-TOW HEARING DECISION
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Following a hearing held after the towing of the vehicle as
identified in post-tow notice bearing the same number as the report
number stated above concerning the vehicle owned by or under the control
of __________ (name and owner) ("owner"), the following findings and
order are hereby entered, as checked in the appropriate box and entered
on the appropriate lines:
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Amount Previously Paid by Owner for Towing and Storage $__________
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1.
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Tow Authorized; Owner Responsible for All Charges. The towing
and storage of the vehicle was authorized by the following law of
the State of Illinois: __________; or Municipal Ordinance No. _____,
and the owner is liable for the full amount of towing and storage
fees incurred to date, in the amount of: $__________
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2.
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Tow Not Authorized. There was no authorization in law for the
towing and storage, or the municipal employee causing the vehicle
to be towed did not comply with the requirements or the applicable
statute or ordinance, as follows:
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The owner will not be charged for towing and storage and any
amount previously paid will be refunded by the municipality as shown
here:
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$__________
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3.
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Tow Authorized; Storage Partially Reimbursable. The towing of
the vehicle was authorized by State Law: __________, or Municipal
Ordinance No. __________ but the owner was caused to incur additional
improper storage charges because of improperly late notification of
towing or other reasons for which the municipality or towing company
are responsible, as follows: __________ _____
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Storage Amount to be Excused or Reimbursed to Owner $__________
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Towing and Storage Balance for Which Owner is Responsible $__________
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4.
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Owner Failed to Appear; No Continuance Requested. This finding
constitutes a default against the Owner on the matters stated in the
Post-Tow Notice. The owner is responsible for all towing and storage
charges incurred to date, in the amount of: $__________
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After making the appropriate computations with the amounts stated
above in the right-hand column for any amount previously paid by owner,
and adding or subtracting the appropriate amounts listed under Paragraphs
1, 2, 3 or 4, the final amount either owed by the owner to date or
to be refunded to the Owner IS HEREBY ORDERED AS FOLLOWS:
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Amount Currently Owed by Owner:
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$__________
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or
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Amount to be Refunded to Owner:
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$__________
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IMPORTANT FURTHER INFORMATION
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If the vehicle is presently still impounded, an order for the
release of the vehicle is attached to this decision. The owner must
take possession of the vehicle within 24 hours of the entry of this
decision, or he may be responsible for further storage charges.
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ENTERED: __________ (date and time)
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SIGNATURE:
Hearing Officer
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Star Number:
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The following form shall be used by police officers when obtaining
permission from vehicle owners to tow stolen vehicles that are recovered:
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PERMISSION TO TOW STOLEN VEHICLE FORM
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I, __________ (Name of Owner), am the owner of a motor vehicle
which I have reported to the __________ Police Department as having
been stolen. The vehicle is described as follows: __________ (Description
of the vehicle) I understand the __________ Police Department may
transmit notice of this vehicle theft to other police agencies which
may attempt to recover the vehicle. I understand that if the vehicle
is recovered, I have the option of requesting that the vehicle be
towed to a vehicle pound location or left at the place where the vehicle
has been found. While not requiring the law enforcement agency which
finds the vehicle to do so, I do hereby grant my permission to have
the vehicle towed. I understand that if the vehicle is towed, I will
be required to pay reasonable towing and storage charges.
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DATED: __________, 20_____
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Owner of vehicle
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