[4-18-1988]
For the purpose of this chapter, 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 5/1-100
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 circumstances appears to have been, and will be presumed
to have been, abandoned by its owner.
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" vehicle, and, therefor,
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.
[4-18-1988]
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 5/1-100 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 § 9-9-10. 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 §§ 9-9-5 and 9-9-6 of this chapter.
B.
Towing With Prior Notice; Abandoned Vehicles. Abandoned vehicles
may be towed after the mailing or delivery of prior notice and the
affording of an opportunity for a hearing as provided in §§ 9-9-3
and 9-9-4 of this chapter.
[4-18-1988]
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 § 9-9-8 of this
chapter. 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.
[4-18-1988]
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 Hearing. 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 such a fourteen-day period.
C.
Request for Pre-Tow Hearing. 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 chapter, 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 § 9-9-5 of this chapter. 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.
[4-18-1988]
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 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 § 9-9-7A and B of this
chapter, and shall be mailed or delivered within 24 hours of the tow,
as provided in § 9-9-2A. 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 § 9-9-7A, 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 § 9-9-7A.
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 owned
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 § 9-9-7A. However, nothing in this chapter
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 of 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.
[4-18-1988]
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 the hearing
and the appointment of the Hearing Officer shall be the same as set
forth above in § 9-9-4D and E.
C.
Scheduling of Post-Tow Hearings.
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 1,500 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 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 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 § 9-9-9 of this chapter.
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 chapter. 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.
[4-18-1988]
A.
The following form shall be utilized in the administration of §§ 9-9-5
and 9-9-6 of this chapter for posting in towing establishments and
mailing or delivering to owners:
|
NOTICE OF VEHICLE RELEASE REQUIREMENTS AND HEARING RIGHTS
| |
|
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:
| |
|
TO OBTAIN HEARING
| |
|
(A)
|
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:
|
|
Village of Thornton Police Department
700 Park Avenue
Thornton, Illinois 60476
(312) 877-4440
| |
|
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.
| |
|
(B)
|
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 three 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.
|
|
NATURE OF HEARING
| |
|
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. 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.
| |
B.
The following form shall be utilized in the administration of §§ 9-9-5
and 9-9-6 of this chapter for the mailing or delivery of post-tow
notice to owners, including the form set forth in § 9-9-7A
above:
|
Post-Tow Incident
Report No.
| |
|
TO:
(Name)
| |
|
(Address)
|
Date of Certified or Registered Mailing:
|
|
or
| |
|
Date and Time of the Name of Person Making Personal Delivery:
| |
|
POST-TOW NOTICE
| |
|
You are listed as the Registered Owner or person entitled to
possession of the following-described vehicle:
| |
|
(Make, (Model/Year) (other identifying features)
(license plate number, state, and VIN)
| |
|
which is impounded at:
| |
|
(name and address of towing service operator or Municipal auto pound)
| |
|
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)
| |
|
The towing was authorized by (ordinance or statutory section)
which provided that:
| |
|
| |
|
| |
|
| |
|
You have the rights to payment obligations as set forth in the
enclosed notice of vehicle release requirements and hearing rights.
| |
[4-18-1988]
The following form shall be utilized in the administration of
§§ 9-9-3 and 9-9-4 of this chapter for the mailing
or delivery of pre-tow notices to owners:
|
Pre-Tow Incident
Report No.
| |
|
TO:
(Name)
| |
|
(Address)
|
Date of Certified or Registered Mailing:
|
|
or
| |
|
Date and Time of the Name of Person Making Personal Delivery:
| |
|
| |
|
| |
|
PRE-TOW NOTICE
| |
|
You are listed as the Registered Owner or person entitled to
possession of the following-described vehicle:
| |
|
(Make. (Model/Year) (other identifying features)
(license plate number, state, and VIN)
| |
|
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)
| |
|
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.
| |
|
The towing is authorized by (ordinance or statutory
section) which provides that:
| |
|
| |
|
| |
|
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:
| |
|
Village of Thornton Police Department
700 Park Avenue
Thornton, Illinois 60476
(312) 877-4440
| |
[4-18-1988]
The following form shall be utilized by the Hearing Officer
for post-tow hearing decisions as required in § 9-9-6 of
this chapter:
|
Post-Tow Incident Report
| |
|
No. ___________
| |
|
POST-TOW HEARING DECISIONS
| |
|
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 of Owner) ("Owner"), the following
findings and order are hereby entered, as checked in the appropriate
box and entered on the appropriate lines:
| |
|
Amount Previously Paid by Owner for Towing and Storage $___________
| |
|
1.
|
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: $___________
|
|
2.
|
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 of the applicable
statute or ordinance, as follows:
|
|
| |
|
| |
|
| |
|
The Owner will not be charged for towing and storage and any
amount previously paid will be refunded by the Municipality as shown
here:
| |
|
$__________
| |
|
3.
|
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:
|
|
| |
|
| |
|
| |
|
Storage Amount to be Excused or Reimbursed to Owner: $___________
| |
|
Towing and Storage Balance for which Owner is Responsible: $___________
| |
|
4.
|
Owner Failed to Appear; No Continuance Requested: This finding
constitutes a default against the Owner on the matters stated on the
post-tow notice. The Owner is responsible for all towing and storage
charges incurred to date, in the amount of: $___________
|
|
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:
| |
|
Amount Currently Owed by Owner: $___________
| |
|
Or
| |
|
Amount to be Refunded to Owner: $___________
| |
|
IMPORTANT FURTHER INFORMATION
| |
|
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.
| |
|
ENTERED: (date and time)
| |
|
SIGNATURE:
Hearing Officer
| |
[4-18-1988]
The following form shall be used by police officers when obtaining
permission from vehicle owners to tow stolen vehicles that are recovered:
|
PERMISSION TO TOW STOLEN VEHICLE FORM
|
|
I, _____________________, 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 that 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.
|
|
DATE: __________
|
|
Owner of Vehicle
|
[1-15-2001]
Whenever any vehicle is authorized to be towed by the Village
Police Department, in addition to any and all other charges assessed,
the owner, lessee or entity entitled to lawful possession of said
vehicle shall pay an administrative charge to the Village in the amount
of $25 per tow.
