For the purposes of this article, the following words shall have the meanings indicated unless their context clearly requires otherwise:
ABANDONED VEHICLE
(A) 
All motor vehicles or any part thereof or other vehicles junked or in a state of disrepair rendering the vehicle incapable of being driven in its condition and those vehicles defined as inoperable under Section 11-40-3 of the Illinois Municipal Code on public or private property (see also § 14.218); or
(B) 
Any motor vehicle or any part thereof or other vehicle that has not been moved or used for 10 hours or more and is apparently deserted on public property; or
(C) 
Any unlicensed motor vehicle, or one that does not have current annual year license attached to it, or any part of a motor vehicle which has not been used or moved for seven consecutive days, on private property; and
(D) 
Any privately owned unregistered motor vehicle or other vehicle which remains on public property for a period of 24 hours or more.[1]
ANTIQUE VEHICLE
Any operable motor vehicle that is more than 25 years of age or a bona fide replica thereof and which is driven on the highways only going to and returning from an antique auto show or an exhibition, or for servicing or demonstration, or a fire-fighting vehicle more than 20 years old which is not used as fire-fighting equipment but is used only for the purpose of exhibition or demonstration.
GARAGE
Any building or portion thereof constructed for the purpose of parking vehicles therein and which has walls or doors on all four sides.
OWNER
The person to whom a vehicle is registered on the records of the Secretary of State or any lienholder or other person legally entitled to possession thereof.
PUBLIC RIGHT-OF-WAY
Any property dedicated as a street or alley and includes all portions thereof; such as parkways, driveways and sidewalks.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 30, General Provisions, Art. 2).
(A) 
It shall be unlawful for any person to cause a vehicle to become an abandoned vehicle.
(B) 
It shall be unlawful for any person to park a vehicle upon the property of another without permission of the owner or the occupant thereof.
The Police Department is hereby authorized to tow the following vehicles without prior notice:
(A) 
Vehicles parked in violation of any ordinance of the City or any state law prohibiting parking, standing or stopping in certain places.
(B) 
Vehicles which create an imminently dangerous traffic hazard because of their position in relationship to traffic on the public right-of-way or because their physical appearance is impending the flow of traffic, including but not limited to vehicles in a traffic lane or adjacent thereto.
(C) 
Vehicles which have been reported as stolen.
(D) 
Vehicles used in violation of the Illinois Criminal Code, or where towing is permitted by law or court order without prior notice.
The Police Department is hereby authorized to tow the following vehicles with prior notice:
(A) 
An abandoned vehicle.
(B) 
A trespassing vehicle parked on any private property without permission of the property owner or occupant.
(A) 
Where required, a pre-tow notice shall be given as follows:
(1) 
Where the vehicle is parked on the public right-of-way, a sticker shall be placed on the window and a written notice shall be sent by first class mail to the person in whose name the vehicle is registered. In the event that there are no registration plates on the vehicle, then notice shall be sent by first class mail to the person in whose name such vehicle is registered based upon the vehicle identification number.
(2) 
Where the vehicle is parked on private property, a sticker shall be placed on the window, a written notice shall be sent by first class mail to the person in whose name the vehicle is registered, and in the case of abandoned vehicles, a written notice shall be served or mailed to the occupant of the premises, or posted thereon. In the event that there are no registration plates on the vehicle, then notice shall be sent by first class mail to the person in whose name such vehicle is registered based upon the vehicle identification number.
(B) 
Such pre-tow notice shall advise that the vehicle is either considered abandoned or trespassing and that it will be towed on a date no sooner than four days after the giving of all notices unless a pre-tow notice hearing is requested to contest the grounds for the towing. Said notice shall also advise that the owner of the vehicle will be responsible for all costs of towing and storage in the event that said vehicle is towed and that no post-tow hearing will be held to determine the validity of the tow. The failure to request a pre-tow hearing waives any right to contest the propriety of the tow, and any towing and storage costs resulting therefrom, and waives any right to a post-tow hearing. Mailed notice shall be deemed given on the date that it is deposited in the U.S. mail.
(A) 
Whenever a vehicle is towed without prior notice, a post-tow notice shall be sent within 24 hours of the tow by first class mail to the person in whose name the vehicle is registered. In the event that there are no registration plates on the vehicle, then notice shall be sent by first class mail to the person in whose name such vehicle is registered based upon the vehicle identification number.
(B) 
Said notice shall advise that the owner of the vehicle is responsible for all costs of towing and storage unless a post-tow hearing is requested within seven days to contest the ground for the towing. The failure to request a post-tow hearing waives any right to contest the propriety of the tow, and any towing and storage costs resulting therefrom.
(A) 
The Chief of Police and any police officer holding a rank above Sergeant are hereby authorized to act as hearing officers for the purpose of holding a pre-tow or post-tow hearing. The hearing officer shall not be involved in the tow of the vehicle. If requested by the vehicle owner, such hearing shall be held within 24 hours. At the hearing, a vehicle owner may contest the grounds for determining whether a vehicle should be or should have been towed. Any citation or report issued or otherwise generated as a consequence of the tow shall be prima facie evidence of the violation. Hearsay testimony is admissible and sworn testimony is not required. The hearing officer shall prepare a written report of his findings and decision within 24 hours of the hearing.
(B) 
At the conclusion of a pre-tow hearing, the hearing officer shall determine whether there are grounds to authorize a tow. In the event that grounds do not exist to authorize a tow, then no tow shall be performed by the Police Department. In the event that grounds do exist to authorize a tow, then the owner of the vehicle shall be responsible for all towing and storage costs arising from the towing of the vehicle.
(C) 
At the conclusion of a post-tow hearing, the hearing officer shall determine whether or not grounds existed to authorize a tow. In the event that grounds did not exist to authorize a tow, then no towing or storage charges shall be assessed against the owner of the vehicle. In the event that grounds existed to authorize a tow, then the owner of the vehicle shall be responsible for all towing and storage costs arising from the towing of the vehicle.
(D) 
The City, or any towing company authorized by the City, may impound any towed vehicle and release the same upon payment of towing and storage costs in the event that the owner has been determined to be responsible for towing and storage costs or has waived his right to such determination. In the event that an owner of a vehicle has been determined by the hearing officer not to be responsible for towing and storage costs, then the vehicle shall be released without payment upon request of the owner, or any costs which have been paid shall be refunded.
Vehicles which have been towed and which remain unclaimed by the owner shall be disposed of pursuant to the provisions of the Illinois Vehicle Code.
The provisions of this article shall not apply to any antique vehicle or any vehicle parked in a garage.