[HISTORY: Adopted by the President and Board of Trustees
of the Village of Sidney 8-7-1995 by Ord. No. 95-06. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any vehicle which is left at any place for such time and
under such circumstances, including the lack of display of current
state license registration, as to cause such vehicle reasonably to
appear to have been abandoned and shall include any abandoned vehicle
as described in applicable Illinois statutes.
Any motor vehicle from which, for a period of at least seven
days, the engine, wheels or other parts have been removed, or on which
the engine, wheels or other parts have been altered, damaged, or otherwise
so treated that the vehicle is incapable of being driven under its
own motor power.
"Inoperable motor vehicle" shall not include a motor vehicle
which has been rendered temporarily incapable of being driven under
its own power in order to perform ordinary service or repair operations,
nor to any motor vehicle that is kept within a building when not in
use, nor to operable historic vehicles over 25 years of age, nor to
a motor vehicle on the premises of a place of business engaged in
wrecking or junking of motor vehicles.
Every vehicle which is self-propelled and every vehicle which
is propelled by electric power obtained from overhead trolley wires,
but not operated upon rails, except for vehicles moved solely by human
power and motorized wheelchairs.
Any natural person, firm, partnership, association or corporation.
Any real property within the Village limits which is not
a street or highway.
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular travel.
Any device in, upon or by which any person or property is
or may be transported or drawn upon a highway, except devices moved
by human power, devices used exclusively upon stationary rails or
tracks and snowmobiles, and shall include, without limitation, an
automobile, truck, trailer, motorcycle, tractor, buggy and wagon.
No person shall abandon any vehicle within the Village and no
person shall leave any vehicle at any place within the Village for
such time and under such circumstances as to cause such vehicle reasonably
to appear to have been abandoned.
No person shall leave any partially dismantled, nonoperating,
wrecked, or junked vehicle, or any inoperable motor vehicle on any
street or highway in the Village.
Inoperable motor vehicles and abandoned motor vehicles, as defined
herein, whether on public or private property, are hereby declared
to be a nuisance and to constitute violations of this chapter.
A.
All persons are required to dispose of any inoperable motor vehicles
under their control upon written notice from the Sidney municipal
authorities or from the Champaign County Sheriff's Department, or
from either of their designees, commanding such disposition of said
inoperable motor vehicle.
B.
The written notice shall be directed to the owner of the vehicle,
if known, and to the owner of the property upon which, or adjacent
to which, said vehicle is located. If the owner is not known, such
notice shall be directed to the owner of the property upon which,
or adjacent to which, the vehicle is located.
C.
If the vehicle is located on a street or alley, or other Village
property, the municipal authorities shall cause a ticket or notice
of ordinance violation to be placed upon said vehicle which shall
note the time of placement and advise the owner of the ordinance violation
and the fact that said vehicle may be towed and impounded.
D.
It shall not be necessary to determine, or seek to determine, the
identity of the vehicle owner from the Illinois Secretary of State
or Illinois State Police before towing a vehicle under this chapter.
E.
The written notice to remove an inoperable motor vehicle shall include
the make, model, color, body style, vehicle identification number,
if known, and the license plate year and number, if known; said notice
shall identify the location of said vehicle; said notice shall state
when removal must be accomplished to avoid the towing of the vehicle,
and that the owner is liable for all towing and storage costs and
the fines for violation of this chapter.
F.
This notice shall advise that if removal is not effected within 15
days of such notice, as to vehicles on private property, and within
seven days as to vehicles on a street, alley or other Village property,
towing and impounding may result; and if such vehicle is not removed
then the Village President, or his/her designee, may authorize the
towing and impoundment of the vehicle in accordance with this chapter.
G.
If a motor vehicle is abandoned, then no written notice is necessary
before said vehicle is towed and impounded pursuant to this chapter.
When any abandoned, inoperable, lost, stolen or unclaimed motor
vehicle or other vehicle comes into the temporary possession or custody
of any person within the Village of Sidney, Illinois, who is not the
owner of the vehicle, such person shall immediately notify the Village
President, a member of the Board of Trustees of the Village, or any
other person designated by them. Upon receipt of such notification,
such Village authority(ies) may authorize a towing service to remove
and take possession of the abandoned, inoperable, lost, stolen or
unclaimed motor vehicle, or other vehicle. The towing service shall
safely keep such vehicle and its contents, and maintain a record of
the tow as required by state law, until the vehicle is claimed by
the owner or any other person legally entitled to possession thereof,
or until it is disposed of as provided herein or as otherwise authorized
by law.
A.
Whenever any motor vehicle, or other vehicle, is left unattended
on any Village street, or alley, or other Village property for more
than seven days, the Village President, or his/her designee, may authorize
a towing service to remove the vehicle, take possession of it, and
safely keep the vehicle until it is claimed by the owner or any other
person legally entitled to possession of the vehicle, or until it
is disposed of as provided herein, or as otherwise authorized by law.
B.
If, in the opinion of Village authorities, such vehicle is creating
a traffic hazard, it may be towed immediately, without awaiting the
passage of seven days.
C.
If, in the opinion of the Village authorities, such vehicle does
not create a traffic hazard, but it creates a significant risk of
harm to the public health, safety and welfare if not sooner moved,
then such vehicle may be towed and impounded after being unattended
for 10 hours.
Whenever a motor vehicle or other vehicle is authorized to be
towed as provided in this chapter, the Village President or other
person authorizing the towing, or the towing service, shall keep and
maintain a record of the vehicle towed, listing the color, year of
manufacture, manufacturer's trade name, manufacturer's series name,
body style, vehicle identification number, license plate year and
number and registration sticker year and number displayed on the vehicle,
or as much of such information is reasonably determinable. The records
shall also include the date and hour of the tow, the location towed
from, the location towed to, the reason for towing and the name of
the officer or other person authorizing the towing.
A.
After a vehicle has been impounded or towed from within the Village,
the Village authorities shall, if they cannot otherwise promptly identify
the owner thereof, cause the vehicle registration records of the State
of Illinois to be searched by the Illinois Secretary of State and
the stolen motor vehicle files, and, if necessary, other available
vehicle ownership information of the Illinois State Police, for the
purpose of obtaining the required ownership information.
B.
If ownership information is reported from such searches or from other
searches, notification of such impoundment shall be sent by certified
mail to the registered owner, lienholder, or other person legally
entitled to ownership within 10 days after impoundment. If such information
is not available within such ten-day period, then such notice shall
be sent no later than two days after the date the identity of such
owner, lienholder or other person is determined, unless the vehicle
has been sooner disposed of pursuant to then current Illinois law,
including 625 ILCS 5/4-208 and 5/4-209.
C.
The record searches and notices required by this chapter shall be
in accordance with then applicable state statutes, currently 625 ILCS
5/4-205 and 5/4-206.
D.
The record searches and notices required under this chapter shall
be accomplished by the towing service in possession of said automobile,
or the Village itself, acting through the Village President or his/her
designee.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any time a vehicle is sold at public sale or disposed of pursuant
to this chapter, the owner, lienholder, or other person legally entitled
to its possession may reclaim the vehicle by presenting proof of ownership
or proof of right to possession of the vehicle. However, no vehicle
shall be released until all towing, storage and processing charges
have been paid and the fines imposed by this chapter have been paid;
provided that if the violator contests the fine, the vehicle may be
returned upon payment of the towing, storage and processing charges.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
When an abandoned, inoperable, lost or unclaimed vehicle seven
years of age or older is impounded pursuant to this chapter, or when
any such vehicle is towed at the request or with the consent of the
owner or operator and is subsequently abandoned, it will be kept in
custody or storage a minimum of 10 days for the purpose of determining
the identity of the registered owner, lienholder, or other legally
entitled persons and contacting them by United States mail, public
service or in person for a determination of disposition, and an examination
of the State Police stolen vehicle files for theft and wanted information.
After such ten-day period, without any disposition information from
the registered owner, lienholder, or other legally entitled persons,
the vehicle may be disposed of in either of the following ways:
A.
The law
enforcement agency having jurisdiction will authorize the disposal
of the vehicle as junk or salvage.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Whenever an abandoned, inoperable, lost or unclaimed vehicle seven years of age or newer is impounded pursuant to this chapter, it will be kept in custody for a minimum of 30 days after notice required by § 229-9 has been given. Thereafter, the Village or the towing service having possession of the vehicle shall cause it to be sold at a public auction to a licensed automobile parts recycler, rebuilder or scrap processor, or the towing operator who towed the vehicle. At least 10 days' notice of such public sale shall be posted in a conspicuous place where the vehicle is stored, and statutory notice shall be mailed to the registered owner or lienholder or other legally entitled persons by certified mail at least 10 days before the sale, unless prior mailed notice has been returned undelivered by the postal authorities, pursuant to the then-applicable state law, presently 625 ILCS 5/4-208. Such notice shall state the time and place of sale and shall contain a complete description of the vehicle and what steps must be taken by the owner, lienholder, or other legally entitled person to reclaim the vehicle.
A.
When a motor vehicle, or other vehicle, in custody of the Village
authorities is reclaimed by the registration owner or other person
legally entitled to possession of such vehicle, or when such vehicle
is sold at public sale or otherwise disposed of as provided in this
chapter, these facts shall be noted in a report of the transaction,
which report shall be maintained for at least one year after disposition.
B.
Vehicles so sold shall be retitled in accordance with the provisions
of 625 ILCS 5/4-212, as now in force or hereafter amended, and the
Village Clerk or towing service shall furnish requested evidence of
such procedure.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The proceeds from the public sale or disposition of a motor
vehicle, or other vehicle, in accordance with the provisions of this
chapter, after deducting towing, storage and processing charges, and
the expenses of the public sale or disposition, shall be deposited
in the Village of Sidney treasury.
The provisions of 625 ILCS 5/4-213, with regard to liability
of persons acting pursuant to the authority of this chapter, shall
apply to all such persons when acting within the authority herein
conferred.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Any person
who violates this chapter or who aids and abets in that violation:
B.
When a
vehicle is abandoned, it shall be presumed that the last registered
owner is responsible for the abandonment and shall be liable for all
towing, storage, and processing charges and collection costs, less
any amounts realized in the disposal of the vehicle. The last registered
owner's liability for storage fees may not exceed a maximum of 30
days' storage fees.
(1)
The
presumption established under this subsection may be rebutted by a
showing that, prior to the time of the tow:
(2)
If
the presumption established under this subsection is rebutted, the
person responsible for theft of the vehicle or to whom the vehicle
was sold or transferred is liable for all towing, storage, and processing
charges and collection costs.
A.
The Village may determine to offer any violator the opportunity to
pay an administratively imposed fine for violation of this chapter,
and if the violator elects to pay such fine, no prosecution of the
violation shall be necessary.
B.
The Village may prosecute any violator of this chapter in any court
of competent jurisdiction by the Village Attorney, and the violator
shall also be liable for applicable court costs and attorneys fees,
as allowed by law.
