Village of Bannockburn, IL Article IV Towing of Abandoned, Hazardous and Unlawful Vehicles

§ 232-27 Definitions.

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 sections of this code or other ordinances of the Village, and if not defined in any other section of this code or other ordinance, it shall have the meaning ascribed in the Illinois Vehicle Code.

ABANDONED VEHICLE

A. A vehicle, other than a hazardous or unlawful vehicle, on a public street or in a public parking lot in such a state of disrepair that it is incapable of being driven; or

B. A vehicle, other than a hazardous or unlawful vehicle, in a public parking lot that has been unmoved for a period of at least seven days and appears to have been abandoned by its owner based on:

(1) Its condition;

(2) The period during which it has not been moved; or

(3) Other circumstances indicating abandonment; or

C. A vehicle in a private parking lot without the consent of the lot owner, proprietor or agent, which person has requested that the vehicle be towed; or

D. A vehicle, other than a hazardous or unlawful vehicle, defined as abandoned, or subject to being towed, by any other sections of this code or other ordinances of the Village.

HAZARDOUS VEHICLE

A. 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

B. A vehicle that presents an immediate danger to the health or welfare of members of the public; or

C. A vehicle on a public street, roadway, alley, or off-street parking area that is impeding the orderly flow of traffic or presents a potential danger to pedestrians and operators of other vehicles; or

D. A vehicle that is parked in such a way as to block access to a fire hydrant.

UNLAWFUL VEHICLE

A. A vehicle that has been reported stolen; or

B. A vehicle parked in violation of any statute or ordinance that authorizes the vehicle to be towed, but only when signs posted at the location in question indicate that vehicles may be subject to towing.

§ 232-28 Authorization for towing.

A. Abandoned vehicles may be towed after prior notice and the affording of an opportunity for a hearing as provided in §§ 232-29 and 232-30 of this article.

B. Hazardous and unlawful vehicles may be towed without notice. Within 24 hours after towing a vehicle pursuant to this subsection, a notice shall be sent to the owner of the vehicle affording the opportunity for a hearing as provided in §§ 232-31 and 232-33.

C. The towing of vehicles by the Village or its approved towing service operators pursuant to this section shall be authorized only by the Bannockburn Police Department and only under the circumstances herein provided.

D. Towed vehicles shall be impounded only at facilities designated by the Bannockburn Police Department until lawfully claimed or disposed of pursuant to provisions of this article or the laws of the State of Illinois.

§ 232-29 Pre-tow notice for abandoned vehicles.

A. Not less than seven days prior to towing any abandoned vehicle pursuant to § 232-28A hereof, the Village shall forward written notice of its intent to tow 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 of the state in which such vehicle is registered.

B. On or before the date of mailing the aforesaid written notice, a notice of intent to tow, with the earliest date upon which the tow may take place and the address and phone number of the Bannockburn Police Department, shall be placed on the vehicle.

§ 232-30 Pre-tow hearings.

A. The owner of a vehicle to be towed as an abandoned vehicle pursuant to § 232-28A hereof shall have seven days after the date of mailing of notice pursuant to § 232-29 hereof to request, in writing, a pre-tow hearing. Said written request shall be delivered to the Bannockburn Police Department within said seven-day period. Unless such a request is received within said seven-day period, the vehicle may be towed and any hearing rights under the provisions of this section shall be deemed waived.

B. In the event that a pre-tow hearing is not requested as provided herein, a post-tow hearing shall, upon written request of the owner of a vehicle towed as an abandoned vehicle, be provided pursuant to § 232-33.

C. Upon any request for a pre-tow hearing being made, the Village shall schedule a date and time, not later than 15 days following receipt of such request, for such hearing. Upon receipt of such request, but not less than 48 hours before such hearing, the Village shall notify the owner of the date and time for such hearing by telephone, by mail, or in person as the circumstances require. Pending a final disposition of such hearing, the vehicle shall not be towed except pursuant to the procedures of this article applicable to hazardous or unlawful vehicles.

§ 232-31 Post-tow notice for hazardous and unlawful vehicles.

A. Not more than seven days after towing any hazardous or unlawful vehicle pursuant to § 232-28B of this article, the Village shall forward written notice of the towing 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 of the state in which such vehicle is registered. The notice shall notify of the provisions of this code for post-tow hearings, including those procedures identified in Schedule V of this code.[1]

[1] Editor's Note: Schedule V is included as an attachment to this chapter.

B. All approved towing service operators shall cause individuals to be advised of the opportunity and procedures for a hearing to contest the validity of any vehicle tow. This may include prominently posting two signs, with dimensions of at least 12 inches by 18 inches, indicating the above, which shall be placed in locations readily visible to the public transacting business at the towing facility. The form for such information is set out in Schedule V.

§ 232-32 Procedures for releasing towed vehicles.

A. Before the owner of any towed vehicle shall be permitted to remove said vehicle from a vehicle pound or authorized garage, the owner shall furnish evidence of his or her identity and ownership and right to possession of the vehicle, sign a receipt for the vehicle, and pay an amount as set forth in this code. The Chief of Police is authorized to promulgate regulations as to the documents or other proof necessary to establish these facts.

B. The owner of any towed vehicle shall pay the standard towing and storage fees established by the towing service operator and approved by the Village. Such fees shall be published in the Village Hall and Bannockburn Police Department at least 14 days before taking effect, and said published fees shall remain available for inspection as long as said fees are in effect. Within 24 hours of payment, the owner must take possession of the vehicle. The owner may pay the full amount of fees and subsequently request a hearing pursuant to § 232-33 of this article.

C. Upon release of a towed vehicle as provided in this section, towing service personnel shall direct the owner's attention to the signs concerning notice and hearings posted pursuant to § 232-31B of this article.

D. Notwithstanding any provision of this article to the contrary, an owner may remove a towed vehicle without paying towing or storage fees upon presentation of an order for release issued pursuant to § 232-34D(2)(b).

E. Notwithstanding any other ordinance or statutory provisions to the contrary, any towing service operator authorized to perform tows on behalf of the Village must perform its services subject to the provisions of this code. However, the towing company shall have the right to recover the reasonable value of its services from the Village if not paid by the vehicle owner.

§ 232-33 Post-tow-hearings.

A. The owner of a vehicle towed as a hazardous or unlawful vehicle pursuant to § 232-28B of this article shall have 15 days after the date of mailing of notice or release of the vehicle, whichever occurs first, to request in writing a post-tow hearing to determine the validity of such tow and any towing or storage charges. Said written request shall be delivered to the Bannockburn Police Department within said fifteen-day period, or the right to a post-tow hearing under the provisions of this code shall be deemed waived. The hearing will not be determinative or, or adjudicate, any citation issued relative to any towed vehicle.

B. Upon any request for a post-tow hearing being made, the Village shall schedule a date and time for such hearing as follows:

(1) In those instances where the vehicle has been released upon the full payment of towing and storage charges, the hearing shall take place within 15 days after the receipt of such request for such hearing. Upon receipt of such request, but not less than 48 hours before such hearing, the Village shall notify the owner of a date and time for such hearing by telephone, by mail, or in person as the circumstances require.

(2) In those instances where the vehicle has not been released, the hearing shall take place at the option of the owner:

(a) Within 24 hours after the request for such hearing, excluding weekends and holidays; except that if such request is made after 1500 hours (3:00 p.m.), then a hearing shall be held on the second working day following the request. Upon receipt of such request, the Village shall notify the owner of the date and time of such hearing by telephone or in person.

(b) If acceptable to the owner, within 15 days of such request on a date convenient to all parties. Upon receipt of such request, but not less than 48 hours before such hearing, the Village shall notify the owner of the date and time for such hearing by telephone, by mail, or in person as the circumstances require.

§ 232-34 Hearing procedures.

A. Whenever a hearing is requested pursuant to § 232-30 or 232-33 of this article, the Police Commissioner or the Police Commissioner's designee shall serve as hearing officer, provided that the hearing officer was not directly involved in the initial decision to tow the vehicle. The hearing officer shall not determine or adjudicate any citation issued relative to the vehicle.

B. After reviewing all relevant evidence presented at any pre-tow or post-tow hearing, the hearing officer shall determine, based upon a preponderance of the evidence, whether lawful authority exists for the towing and any storage of the vehicle. The hearing officer shall record this determination and the basis for such determination in writing and provide the vehicle owner with a copy of such written determination.

C. If the hearing officer determines that lawful authority exists for towing the vehicle or that the owner failed to request a hearing pursuant to § 232-30 or 232-33 of this article, the written determination of the hearing officer shall:

(1) For pre-tow hearings, direct that the vehicle be towed, with any towing and storage costs to be imposed upon the owner thereof. The fees to be charged for towing and storage services shall be in accordance with § 232-32B 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.

(2) For post-tow hearings, indicate the amount due for towing and storage of the vehicle. The hearing officer may determine that the owner incurred additional storage charges for reasons not the fault of the owner and therefore excuse some or all of said storage charges. The specific amount owed by the owner and the specific amount of any charges excused shall be stated in the written determination of the hearing officer. If a specific amount of any charges is excused, then:

(a) The owner of a vehicle that has been released shall be reimbursed by the Village for the amount of any charges excused.

(b) The owner of a vehicle that is still impounded may obtain the release of the vehicle upon payment of the amount owed, provided that the owner presents the written determination of hearing officer to the towing service operator at the time of such payment.

D. If the hearing officer determines that lawful authority does not exist for towing the vehicle or that the requirements for towing a vehicle had not been satisfied, the written determination of the hearing officer shall:

(1) For pre-tow hearings, direct that the vehicle shall not be towed. The owner may display his or her copy of the written determination inside the vehicle. No vehicle about which such a decision has been rendered shall be towed by the Village unless:

(a) The circumstances under which the decision was rendered have changed; and

(b) The procedures for towing similarly situated vehicles under this code are followed.

(2) For post-tow hearings:

(a) If the vehicle has been released to the owner, note the amount of towing and storage fees prepaid by the owner and advise the owner that such towing and storage fees shall be reimbursed by the Village.

(b) If the vehicle is still impounded at the time of the hearing, direct that the vehicle shall be released. This written determination of the hearing officer shall be an order for release which, upon presentation by the owner to the towing service operator, shall entitle the owner to release of the vehicle without payment of any towing or storage charges theretofore incurred.

E. Whenever the hearing officer determines that the owner is entitled to reimbursement by the Village, the hearing officer shall transmit a copy of his or her written determination to the Village Treasurer, who shall remit payment of the money due to the owner within 28 days after the decision of the hearing officer, unless the Village files a lawsuit to contest the decision of the hearing officer.

F. The Village or the owner may contest the decision of the hearing officer in any manner provided by law.

§ 232-35 Sale of towed vehicles.

A. Any vehicle towed pursuant to this code may be sold by the Bannockburn Police Department to the highest bidder at either a private or public sale.

B. No vehicle shall be sold under this section until at least 30 days after the latter of:

(1) If a hearing is requested, the date of a hearing officer's written determination; or

(2) If no hearing is requested, the expiration of the period for requesting a vehicle tow hearing.

C. Notice of any sale 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 of the state in which the vehicle is registered. Notice of sales under this section shall be given to the owner as described herein at least 30 days in advance of a sale and shall be published at least 20 days in advance in a newspaper of general circulation in Lake County, Illinois.

§ 232-36 Form of notices.

From time to time, the Chief of Police shall promulgate the necessary notices and forms in order to implement the provisions of this article.