[Ord. No. 1977-118]
No person shall directly or indirectly
permit any vehicle owned by such person to be used in any manner so
as to violate any of the parking provisions of this chapter; that
is, all such owners shall be responsible for their vehicles while
the same are parked anywhere within the City of Bloomington and each
such owner shall be deemed to have permitted, allowed and consented
to the acts of any person lawfully in possession of his or her motor
vehicle while the same is located within the City of Bloomington.
No guilty intention on the part of the owner nor on the part of the
driver or person in possession of any vehicle is necessary to establish
the responsibility of the owner for acts hereunder of any person lawfully
in possession of his or her motor vehicle, and the owner of every
motor vehicle in the City of Bloomington must, at his peril, see to
it that the rules and regulations hereunder are not violated by his
acts or by the acts of another using his vehicle. By having the use
of the streets and of the municipal parking system of the City of
Bloomington, all owners of motor vehicles consent to pay and accept
responsibility for the payment of any fines for any parking violations
involving their vehicles and for any towing, storage and other charges
related thereto.
[Ord. No. 1985-62]
The specifically prohibited parking areas from which motor vehicles may be towed shall be posted by the City with a notice at or near the sign identifying the prohibited parking, to wit: "TOW-AWAY ZONE" or with a reasonable notice which conveys substantially similar information. No person shall directly or indirectly (§ 29-2201) park or permit a vehicle owned by him/her to be parked in the City of Bloomington in violation of any such prohibited parking. All members of the City's Police Department are hereby granted authority to authorize the towing removal and storage by any City employee or by any person or persons or corporation with which the City has a towing and/or storage agreement of any vehicle found parked in violation thereof and such vehicles shall be towed from these areas and stored.
A.
At the times herein specified and when signs are erected giving notice of the illegal parking and of the towing zone, no person shall directly or indirectly (§ 29-2201) park or permit a vehicle owned by him/her to be parked at the locations on the streets hereinafter described and any vehicle so parked may be towed from these locations as provided in this article:
[Ord. No. 2012-56]
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Location
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Alley (north-south) bounded by East,
Locust, Prairie and Mulberry, on the west side from Locust to a point
110 feet south between 6:00 a.m. and 4:00 p.m., Monday through Friday
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Beecher on the north side from Franklin
to Main
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Beecher on the south side from 50
feet west of the west line of East to 40 feet east of the east line
of East
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Beecher on the south side from 65
feet west of the west line of Franklin to 20 feet east of the east
line of Franklin
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Beecher on the south side from the
east line of Main to a point 20 feet east
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Center Street, on the west side,
from 45 feet to 85 feet north of the north line of Kentucky Alley
between 6:00 a.m. and 4:00 p.m., Monday through Friday
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Center Street, on the east side,
from 39 feet south to 112 feet south of the south line of Olive Street
between 6:00 a.m. and 4:00 p.m., Monday through Friday
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Center Street on the east side from
105 feet to 125 feet north of the north line of Market Street between
6:00 a.m. and 4:00 p.m., Monday through Friday
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Chestnut Street, on the south side,
from 50 feet to 90 feet west of the west line of Main Street
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Chestnut Street, on the south side
from 110 feet to 150 feet west of the west line of East Street
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Chestnut Street, on the south side,
from Mason Street to 130 feet east of the east line of Mason Street
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Chestnut Street between Prairie and
McLean on the north side 60 feet east and west from the midpoint of
the crosswalk to Franklin Park near the center of the block
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Douglas Street, on the north side,
from 150 feet west to 173 feet west of the west line of Prairie Street
between 6:00 a.m. and 4:00 p.m. Monday through Friday
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East on the east side from the north
line of Beecher to a point 20 feet north
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East on the east side from the north
line of Emerson to a point 53 feet north
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East on the east side from 290 feet
north of Emerson to 42 feet north of the south line of Kelsey
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East on the east side from the south
line of Emerson to a point 30 feet south
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East on the east side from the north
line of Graham to a point 20 feet north
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East on the east side from 365 feet
north of Kelsey to north corporate limits
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East on the west side from Division
to a point 38 feet south
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East on the west side from Emerson
to Beecher
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East on the west side from the south
line of Graham to a point 20 feet south
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Emerson on the north side from 250
feet west of the west line of Fell to Franklin
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Franklin on both sides from the north
line of vacated Kelsey to a point 30 feet north
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Franklin on both sides from the south
line of vacated Division to a point 30 feet south
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Franklin Avenue, on the east side
from Beecher to a point 20 feet north
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Franklin Avenue, on the west side
from the Crosswalk north of Emerson to a point 20 feet south
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Front Street, on the north side,
from 31 feet to 68 feet east of the east line of East Street between
6:00 a.m. and 4:00 p.m., Monday through Friday
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Front Street, on the north side,
from 20 feet west to 107 feet west of the west line of East Street
between 6:00 a.m. and 4:00 p.m., Monday through Friday
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Front Street, on the north side,
from 43 feet east to 80 feet east of the east line of Madison Street
between 6:00 a.m. and 4:00 p.m., Monday through Friday
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Front, on both sides from Lee to Mason. Vehicles displaying permits issued pursuant to § 29-2204 of this chapter are exempt from towing.
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Front Street, 300 block west, south side, on dates when vehicles for hire may legally operate as provided in Section 1002 of Chapter 40 of the Bloomington City Code, commencing at 10:00 p.m. and ending at 3:00 a.m.
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Gill on the south side from turn
around area west of Airport Road to Airport Road
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Graham on the south side from 30
feet west of the west line of East to 20 feet east of the east line
of East
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Graham on the south side from the
east line of Main to a point 20 feet east
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Grove Street, on the south side,
from 20 feet to 40 feet east of the east line of East Street
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Grove, on the south side from Lee to Mason. Vehicles displaying permits issued pursuant to § 29-2204 of this chapter are exempt from towing.
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IWU Area - See Exhibit "D"
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Jackson Street, on the south side,
from 20 feet to 120 feet west of the west line of Mason Street between
8:00 a.m. and 5:00 p.m., Monday through Friday
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Jefferson Street, on the north side,
from 51 feet west to 98 feet west of the west line of Center Street
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Jefferson Street, on the south side,
from 20 feet to 170 feet west of the west line of Evans Street
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Jefferson Street, on the south side
from 30 feet to 52 feet east of the east line of Main Street between
6:00 a.m. and 4:00 p.m., Monday through Friday
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Jefferson Street, on the south side,
from 45 feet west to 64 feet west of the west line of East Street
between 6:00 a.m. and 4:00 p.m., Monday through Friday
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Lee, on the west side, from Front to Grove in the south half of the block. Vehicles displaying permits issued pursuant to § 29-2204 of this chapter are exempt from towing.
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Lee Street, 500 block between Market and Mulberry, east and west side, 24 hours a day, seven days a week, except for the east side of Lee Street from Mulberry Street to a point 80 feet south between the hours of 8:00 a.m. and 6:00 p.m. which continues to have a 2-hour time limit. Vehicles displaying permits issued pursuant to § 29-2204 of this chapter are exempt from towing.
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Lee on the east side from Mulberry
to a point 36 feet south
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Lee on the west side from Mulberry
to a point 36 feet south
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Lee on the west side from Mulberry
to a point 36 feet north
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Lee on the east side from Mulberry
to a point 54 feet north
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Livingston Street, on the west side,
from 20 feet to 120 feet north of the north line of Walnut Street
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MacArthur Street, on the north side,
from 170 feet to 205 feet west of the west line of Bunn Street
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Madison Street, on the west side,
from 250 feet to 310 feet north of the north line of Wood Street
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Madison Street, on the west side,
from MacArthur Avenue to 130 feet south of the south line of MacArthur
Avenue between 8:00 a.m. and 5:00 p.m.
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Main Street, on the east side, from
20 feet north to 68 feet north of the north line of Chestnut Street
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Main Street on the east side from
40 feet south of the south line of Graham to 42 feet north of the
north line of Graham
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Main, on the east, from 30 feet south
to 68 feet south of the south line of West Mulberry extended east
to the east line of Main Street between 6:00 a.m. and 4:00 p.m., Monday
through Friday
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Main on the east side, from 50 feet
south to 98 feet south of the south line of Market between 6:00 a.m.
and 4:00 p.m., Monday through Friday
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Main on the east side, from 35 feet
to 80 feet south of the south line of Union
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Main Street, 500 block north, on the east side, the seven regular parking spaces North of the handicapped parking space and the two "freight loading" spaces north of those seven spaces on dates when vehicles for hire may legally operate as provided in Section 1002 of Chapter 40 of the Bloomington City Code, commencing at 10:00 p.m. and ending at 3:00 a.m.
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Market, on the north side, from 30
feet to 50 feet east of the east line of Center
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Market, on the north side, from 69
feet west to 92 feet west of the west line of East between 6:00 a.m.
and 4:00 p.m., Monday through Friday
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Market, on the north side, from 65
feet to 85 feet west of the west line of East
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Mason, on the west side, from 75
feet to 155 feet south of the south line of Chestnut between 6:00
a.m. and 4:00 p.m., Monday through Friday
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Mason, on both sides, from Front to Grove. Vehicles displaying permits issued pursuant to § 29-2204 of this chapter are exempt from towing.
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Mason, in the cul-de-sac south of
Division
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Monroe, on the north side, from 30
feet east to 50 feet east of the east line of Main between 6:00 a.m.
and 4:00 p.m., Monday through Friday
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Monroe, on the south side, from 75
feet east to 94 feet east of the east line of Main between 6:00 a.m.
and 4:00 p.m., Monday through Friday
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Monroe, on the north side, from 30
feet east to 48 feet east of the east line of Center between 6:00
a.m. and 4:00 p.m., Monday through Friday
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Oak Street, on both sides, from Stewart
to Bissell between 6:00 a.m. and 6:00 p.m., Monday through Friday
[Added 7-8-2019 by Ord. No. 2019-51] |
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Olive, on the south side, from 88
feet to 158 feet west of the west line of Prairie Parking Lot on southeast
corner of Hinshaw at Market between 6:00 p.m. to 8:00 a.m.
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Prairie, on the west side, from 30
feet to 80 feet north of the north line of Grove in the parkway
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Roosevelt, on the west side from
100 feet to 200 feet north of the north line of Walnut
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Roosevelt, on the east side, from
Locust to a point 175 feet north between 2:30 p.m. and 3:30 p.m.
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Roosevelt on the west side from Grove to a point 110 feet south from 7:00 a.m. to 6:00 p.m. seven days a week. Vehicles displaying permits issued pursuant to § 29-2204 of this chapter are exempt from towing.
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Sale Barn - Main to Timberlake
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State, on the east side, from Washington
to a point 200 feet south
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Truckers Lane, on both sides, Market
to the north end
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Valley View on both sides, from Wylie
to west end
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Washington on the south side from
20 feet to 45 feet east of the east line of Allin between 11:00 a.m.
and 11:00 p.m.
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Washington, on the north side, from
20 feet to 61 feet west of the west line of Madison, between 8:30
a.m. and 5:00 p.m.
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Washington, on the east side, from
20 feet to 64 feet west of the west line of Mason, between 8:00 a.m.
and Noon and 6:00 p.m. - 9:00 p.m.
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Washington, on the south side, from
30 feet west to 77 feet west of the west line of Madison between 6:00
a.m. and 4:00 p.m., Monday through Friday
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Washington Street, 100 block west, on the south side, on dates when vehicles for hire may legally operate as provided in Section 1002 of Chapter 40 of the Bloomington City Code, commencing at 10:00 p.m. and ending at 3:00 a.m.
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Wood, on the south side, from 110
feet to 190 feet west of the west line of Gridley
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Woodhill Towers as indicated in Exhibit
A
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B.
When necessary to accommodate special events
on City streets, the City Traffic Engineer and the Chief of Police
may designate certain portions of any street as a tow-away zone. Any
vehicles parked on a portion of a street so designated may be towed
away, with the cost of towing and storage to be paid by the owner,
provided that signs designating the area as a tow-away zone are posted
at least 24 hours prior to the date and time the tow-away zone designation
is to take effect.
[Ord. No. 1987-134]
A.
A maximum of two parking permits will be
issued to each address annually.
[Ord. No. 2017-62]
C.
Parking permits are not transferable.
D.
A $25 replacement fee will be charged for
any lost, stolen, or misplaced parking permits.
E.
When renewing the parking permits, the
old permit must be turned in before a new permit will be issued.
[Ord. No. 2017-62]
F.
Misuse of parking permits, or willfully
providing false information to the City to obtain parking permits
shall be punished by a minimum fine of $50 and a maximum fine of $500.
G.
Any vehicle towed for violating this section
shall pay $50 release fee to the City of Bloomington Police Department
upon proof of ownership or proof of the right to possession of the
vehicle.
[Ord. No. 2003-90]
H.
Parking permits will be issued only for
passenger cars as defined by 625 ILCS 5/1-157.
[Ord. No. 2004-8]
I.
Parking permits must be prominently displayed
from the rear view mirror.
[Ord. No. 2017-62]
A.
All members of the City's Police Department
are hereby granted authority to authorize the towing removal and storage
to a private garage or exterior place of safety:
(1)
Any vehicle left for a period of
24 hours in any on-street or off-street public parking location or
in any location in a lot or facility maintained or owned by the City;
(2)
Any motor vehicle or trailer parked
in any on-street or off-street public parking location or in any location
in a lot or facility maintained or owned by the City that lacks current,
legal registration; or
(3)
Any motor vehicle or trailer parked
in any on-street or off-street public parking location or in any location
in a lot or facility maintained or owned by the City that is registered
as an antique vehicle pursuant to 625 ILCS 5/3-804.
[Ord. No. 2008-77]
B.
Vehicles may be towed by any City employee
or by any person or persons or corporation with which the City has
a towing and/or storage agreement, provided that a written notice
of the pending towing has been placed on the motor vehicle not less
than 24 hours in advance of the towing removal and storage.
[Ord. No. 2008-77]
C.
Any motor vehicle or trailer for which a notice of tow is issued for the reasons stated in Subsection A(2) or (3) will be towed regardless of whether the vehicle has been moved from its original location as long as the reason for the tow still exists. Any such vehicle or trailer found in any on-street or off-street public parking location 24 hours after notice has been placed on the vehicle will be towed without additional notice.
[Ord. No. 2008-77]
A.
On any property in residential use or on
any property zoned for residential use, all motor vehicles and trailers
that lack current, legal registration, uninspected motor vehicles
or trailers and all inoperable motor vehicles and trailers must be
parked in a garage or other fully enclosed structure meeting Code
requirements. At no time shall any vehicle or trailer of any type
undergo a disassembly of parts, commonly called stripping, or a major
overhaul, including body work, on such property outside of a garage
or other structure meeting Code requirements.
[Ord. No. 2008-77]
B.
On any property within an R1-A, R1-B, R1-C,
R-2 or GAP 1, 2, 3, or 4 zoning district there may be no more than
four operable motor vehicles or trailers with current, legal registration
and one camping or recreational vehicle parked outside of a garage
or carport meeting Code requirements. All vehicles allowed to be parked
on such property must be parked in a legal accessory off street parking
space as provided in Chapter 44-7-2 of the Bloomington City Code.
[Ord. No. 2008-77]
C.
On any property in business, commercial
or industrial use or zoned for such use, any motor vehicles or trailers
that lack current, legal registration must be parked in a garage or
other structure meeting Code requirements unless the vehicle or trailer
is able to be repaired to operate and is in the current process of
being repaired at and by employee(s) or owner(s) of an automobile
service business or an automobile new or used car dealer. At no time
shall any vehicle of any type undergo a disassembly of parts, commonly
called stripping or major overhaul, including body work, on such property
outside of a garage or other structure meeting code requirements.
[Ord. No. 2008-77]
D.
The City may apply to the court for an order giving it the authority to have any vehicle parked on private property in violation of Subsection A, B or C removed from such property and placed in storage at a private garage or exterior place of safety in addition to any other remedy provided for violations of this chapter 29.
[Ord. No. 2008-77]
E.
It is illegal for the owner and/or occupant
of the involved real property or the owner or user of the involved
motor vehicle or trailer and/or the person entitled to possession
of and/or the person doing work on the involved motor vehicle or trailer
to fail to comply with the requirements of this section or to permit
any of the prohibited activities contained in this section to occur.
[Ord. No. 1987-99]
A.
All members of the Bloomington Police Department
are hereby granted authority to authorize the towing removal and storage
by any person or persons or corporation with which the City has a
towing and/or storage agreement of any vehicle from a street or highway
to the storage facility under any of the following circumstances:
[Ord. No. 2005-31]
(1)
When any vehicle is left unattended
upon any bridge, viaduct or causeway or in any tube or tunnel where
such vehicle constitutes an obstruction to traffic.
[Ord. No. 2005-31]
(2)
When a vehicle upon a street or highway
is so disabled as to constitute an obstruction to traffic and the
person or persons in charge of the vehicle are by reason of physical
injury incapacitated to such an extent as to be unable to provide
for its removal.
[Ord. No. 2005-31]
(3)
When any vehicle is left unattended
upon a street and is so parked illegally as to constitute a definite
hazard or obstruction to the normal movement of traffic or is left
unattended for over 24 hours.
[Ord. No. 2005-31]
A.
Fee, seizure and impoundment. Vehicles
used in the offenses listed in Section 11-208.7(b) of the Illinois
Vehicle Code, 625 ILCS 5/11-208.7(b) or in any other misdemeanor or
felony offense in violation of the Criminal Code of 1961 or the Criminal
Code of 2012 are hereby declared contraband and subject to seizure
and impoundment. The impoundment of any vehicle used in the commission
of any of the foregoing offenses shall subject the owner to an administrative
fee of $400 plus costs of towing and storage.
[Ord. No. 2014-107]
B.
Removal and seizure.
(1)
Whenever a police officer has probable
cause to believe that a vehicle is subject to seizure and impoundment
pursuant to this section, the police officer may cause the vehicle
to be removed and relocated to a secure location. The officer shall
inform any person in control of the vehicle of the seizure and the
right to a prompt probable cause hearing and an administrative impoundment
hearing as provided in this section.
(2)
At the time the vehicle is towed,
the officer shall notify or make a reasonable attempt to notify the
owner, lessee, or person identifying himself or herself as the owner
or lessee of the vehicle, or any person who is found to be in control
of the vehicle at the time of the alleged offense, of the fact of
the seizure and of the right of the vehicle owner or lessee to an
administrative hearing. The police officer shall also provide notice
that the motor vehicle will remain impounded pending the completion
of an administrative hearing, unless the owner or lessee of the vehicle,
or a lienholder, posts with the municipality a bond equal to the administrative
fee as provided by this section and pays for all towing and storage
charges.
C.
Notice. The City will provide the registered
owner or lessee of the vehicle and any lienholder of record with a
notice of hearing. The notice shall:
(1)
Be served upon the owner, lessee,
and any lienholder of record either by personal service or by first
class mail to the interested party's address as registered with the
Secretary of State;
(2)
Be served upon interested parties
within 10 days after a vehicle is impounded by the City; and
(3)
Contain the date, time, and location
of the administrative hearing. An initial hearing shall be scheduled
and convened no later than 45 days after the date of the mailing of
the notice of hearing.
D.
Prompt probable cause hearing. At any time
prior to an administrative impoundment hearing, at the request of
the owner of a vehicle or a person with authority from an owner, the
Police Chief or his designee shall hold a prompt probable cause hearing.
Said hearing shall occur within 24 hours of the request, excluding
Saturdays, Sundays and holidays. At the hearing, any interested person
shall be given a reasonable opportunity to be heard and present evidence.
Formal rules of evidence shall not apply, and hearsay evidence shall
be admissible. At the prompt probable cause hearing, the Police Chief
or his designee shall determine whether probable cause exists for
the seizure and impoundment of the vehicle pursuant to this section
and, if asserted by the owner, whether the vehicle was stolen from
the owner. If the Police Chief or his designee determines that probable
cause exists for the continued impoundment of the vehicle, the Police
Chief or his designee shall order the vehicle held pending an impoundment
hearing or payment of the bond and any towing and storage fees due.
If the Police Chief or his designee determines that probable cause
for impoundment does not exist or that the vehicle was stolen from
the owner, the Police Chief or his designee shall order the immediate
release of the vehicle without payment of any penalties, fees or costs.
E.
Administrative impoundment hearing. A hearing officer designated by the City Manager shall hold an administrative impoundment hearing within 45 days of the notice of impoundment hearing sent pursuant to Subsection C of this section. A person seeking the hearing may waive the foregoing time restraint. At the impoundment hearing, any interested person shall be given a reasonable opportunity to be heard. Formal rules of evidence shall not apply, and hearsay evidence shall be admissible. The impoundment hearing shall comply with the requirements set forth in Section 11-208.7 of the Illinois Vehicle Code, 625 ILCS 5/11-208.7. At the impoundment hearing, the hearing officer shall determine by a preponderance of the evidence whether the vehicle was used in violation of a listed offense or whether the vehicle was stolen from the owner. If the hearing officer determines that the vehicle was not utilized in violation of any offense listed in Section 11-208.7(b) of the Illinois Vehicle Code, 625 ILCS 5/11-208.7(b), or that the vehicle was stolen from the owner, the hearing officer shall order the immediate release of the vehicle without payment of any administrative fee and the expeditious return of any bond or fee already paid by the vehicle owner or his agent. Any bond or fee returned shall be to the person who paid the bond or fee, unless directed otherwise by that person. Any person claiming a vehicle ordered released under this subsection shall have seven days from the date of the order of release within which to claim the vehicle without accruing additional storage charges; thereafter, the person claiming the vehicle shall be responsible for paying any and all storage charges that accrue. If the hearing officer determines the vehicle was used in the commission of a listed offense, the hearing officer shall order the vehicle held pending payment of the fee and any towing and storage fees which may be due.
F.
Innocent defendant.
(1)
In the event that a person is acquitted
of all charges stemming from the incident for which the vehicle was
impounded or is not charged within six months for any offense stemming
from the incident for which the vehicle was impounded, that person
may apply to the Police Chief for a full refund of any bond or administrative
fee paid to release the vehicle. A disposition of court supervision
will be considered as a conviction and not an acquittal. Participation
in a diversion program or similar program to avoid judicial consequences
shall not be considered an acquittal for purposes of this section.
A plea agreement which calls for the dismissal of the charge for which
the vehicle was impounded in exchange for a guilty plea to any other
charge shall not be considered an acquittal for purposes of this section.
(2)
The Police Chief shall refund any
bond or administrative fee paid, if an acquittal occurs or if charges
are not likely to be brought within six months. Any fee or bond returned
shall be to the person who paid the bond or fee, unless directed otherwise
by that person. Any person claiming a vehicle ordered released under
this subsection shall have seven days from the date of the order of
release within which to claim the vehicle without accruing additional
storage charges; thereafter, the person claiming the vehicle shall
be responsible for paying any and all storage charges that accrue.
G.
Release of vehicle. A vehicle seized and
impounded under this section shall be released to the owner or the
owner's agent upon payment of the bond or administrative fee and all
towing and storage fees accrued. Payment of the bond or administrative
fee and towing and storage fees does not waive an owner's right to
an impoundment hearing.
H.
Unclaimed vehicle. Any vehicle not claimed
by its owner or other interested party within 35 days after the impoundment
hearing shall be considered abandoned and sold pursuant to State law.
An owner or interested party may claim his/her vehicle by paying the
administrative fee, towing and storage fees any time prior to sale
of the vehicle.
I.
Nothing in this section shall be construed
to prohibit the holding, forfeiture or impoundment of any vehicle
pursuant to any other law or statute.
[Ord. No. 2014-59]
A.
To obtain a vehicle which has been towed
pursuant to any provisions of the Bloomington City Code, the owner
or the person having the right to possession of the vehicle must first
obtain a Release from the Bloomington Police Department.
B.
A Release may be obtained by showing proof
of ownership or proof of the right to possession of the vehicle.
D.
Any vehicle owner who has a second vehicle towed for a violation of § 29-2207, Authority to Tow and Store Vehicles, whether the same vehicle or another vehicle owned by him or her, shall pay a release fee in an amount set forth in the Schedule of Fees, and proof of insurance must be provided.
E.
Any vehicle owner who has a second vehicle towed for a violation of § 29-2205, Towing After Parking for 24 hours, whether the same vehicle or another vehicle owned by him or her, shall pay a release fee in an amount set forth in the Schedule of Fees, and proof of insurance must be provided.
F.
After a person has obtained a Release,
the person may take it to the storage facility during regular business
hours and provide it to the owner or manager thereof to obtain the
vehicle. After all costs of the towing removal and storage have been
paid, unless they have already been paid at the Police Station, the
vehicle may be obtained from the storage facility. All such removal
and storage costs must be paid by the owner of the vehicle or the
person having the right to possession of the vehicle and if they are
not so paid within a reasonable time, they may be paid by the sale
of the vehicle in accordance with existing law.
[Ord. No. 2018-89]
A.
Whenever a Police Officer has authorized
the removal of a vehicle from public or private property as authorized
by any provision of the Bloomington City Code and the officer knows
or is able to ascertain from the registration records of the vehicle
the name and address of the owner thereof, such officer or another
member of the Police Department shall as soon as practical give or
cause to be given notice in writing by first class mail to the owner
and lien holder and other legally entitled persons, if known, of the
fact of such removal, the reasons therefor, and the place to which
the vehicle has been removed.
[Ord. No. 1985-62]
B.
Whenever an officer removes or causes the
removal of a vehicle from public or private property pursuant to any
provisions of the Bloomington City Code and does not know and is not
able to ascertain the name of the owner or for any other reason is
unable to give notice to the owner as hereinabove provided, and in
the event the vehicle is not obtained from storage by the owner or
by a person entitled to possession of it within a period of five days,
then the officer shall promptly send or cause to be sent a written
report of such removal by mail to the State Department whose duty
it is to register motor vehicles and shall file a copy of such notice
with the proprietor of any private garage or exterior place of safe
storage where the vehicle may be stored. Such notice shall include
a complete description of the vehicle, the date, time and place from
which removed, the reasons for such removal, and the name of the garage
or exterior place of storage where the vehicle is stored.
[Ord. No. 1985-62]
A.
Notice to owner. Whenever it is determined
that any motor vehicle has been involved in the issuance of five or
more unpaid parking tickets as a result of parking violations identified
on the tickets and such condition has existed for a period of 40 days
after the issuance of the 5th unpaid ticket, any such vehicle shall
be deemed to be a public nuisance. The City Manager or his or her
designee shall cause to be personally served upon the owner of record
of said motor vehicle a notice describing the violations stating that
said vehicle will be subject to being picked up, towed, stored and
possibly sold at a later date by an authorized agent of the City of
Bloomington all at the expense of the owner whenever it is found on
any public street, public parking lot, or other public right-of-way
if said unpaid tickets are not paid or otherwise disposed of with
the City by the owner or the owner's agent within 10 days after the
date of the service of said notice. The notice may be served by any
member of the Bloomington Police Department or in any other manner
provided by law for the personal service of summons in civil cases.
[Ord. No. 2011-12]
B.
Meeting with owner. The vehicle owner may
obtain a review of the unpaid tickets by requesting in writing a meeting
with the City Manager or his or her designee, which meeting shall
be scheduled at the City Hall as soon as possible, at a time mutually
convenient for the parties, but not more than 20 days from the date
of service of the above-described notice. The City Manager at such
meeting shall have full authority to make binding agreements relating
to the amounts due, if any, and may agree to any payment terms which
he determines are in the best interests of the City.
[Ord. No. 2011-12]
C.
Impoundment. If the vehicle owner:
(1)
Fails to give written notice requesting
a meeting with the City Manager or his or her designee; or
(2)
Does not appear at such meeting and
does not ask, in writing, for a short delay of the meeting date because
of unanticipated personal problems; or
(3)
Cannot agree with the City Manager
or his or her designee on the amount due or arrange an acceptable
method of payment; or
(4)
Having so agreed on a method of payment,
fails to make any payment when due; or
(5)
Has not instituted legal action to
have his responsibilities and rights with respect to said tickets
judicially determined, then the City Manager or his or her designee
shall make a written finding of such facts. Thereafter, whenever such
vehicle is found parked and unattended on a public right-of-way in
the City of Bloomington, it shall be subject to being immediately
towed and stored. Bloomington Police authorities shall have the power
and are hereby authorized to remove or have the vehicle removed by
either private or government equipment to a City or private storage
facility as may be deemed advisable. The towing and storage of the
vehicle shall not be delayed or prohibited by the fact that a friend,
relative, lessee, agent or employee of the owner may have been operating
the vehicle just prior to the impoundment.
[Ord. No. 2011-12]
D.
Notice to owner. Whenever a vehicle has
been towed or stored, a notice of such removal and the location of
storage shall be served on the registered owner of the vehicle if
his name and address is known or can be ascertained with reasonable
diligence. The notice shall state that if a release of the vehicle
is not promptly obtained, it shall be treated as an abandoned vehicle
and sold as such under Chapter 95 1/2, Illinois Revised Statutes.[1] The notice may be served by any member of the Bloomington
Police Department or by certified mail.
[Ord. No. 1985-62]
[1]
Editor's Note: See 625 ILCS 5/4-201 et seq.
E.
Release of vehicle. Impounded vehicles
will be released to their lawful owners or their agents upon a showing
of adequate evidence of a right to possession and the payment by certified
check to the City of Bloomington of all accrued fines, penalties,
incurred costs, towing, storage, and related charges. The person to
whom the vehicle is released must sign a receipt for the vehicle and
thereon state the capacity under which he is obtaining possession
of the vehicle.
[Ord. No. 1985-62]
F.
Funds from sale. The funds from the sale
of any vehicle hereunder shall first be applied to the payment of
all accrued fines, incurred costs, towing, storage and related charges,
and the remainder shall be disposed of as provided by law.
[Ord. No. 1985-62]
G.
Rules and regulations. The City Council
is hereby authorized to adopt by Resolution, such Rules and Regulations
as are necessary to carry out the provisions of this Ordinance.
[Ord. No. 1985-62]
[Ord. No. 1985-62]
If any section or provision of this
Ordinance shall be adjudged to be invalid or unconstitutional, such
adjudication shall not affect the validity of the Ordinance as a whole
nor any section, provision, or part thereof not adjudged invalid or
unconstitutional.
The provisions of Divisions 4 and
5 of this article shall be construed in accordance with the general
purposes to:
A.
Control and regulate traffic and parking
within the City of Bloomington for the benefit and convenience of
the citizens of and visitors to the City of Bloomington;
B.
Forbid and prevent the parking of vehicles
at locations, at times and in manners which are prohibited herein
or in other ordinances of the City of Bloomington;
C.
Provide a means for the effective and efficient
prosecution of violators of the parking ordinances of the City of
Bloomington with the intent to deter such violations;
D.
Secure simplicity in procedure; and
E.
Insure fairness of administration.
[Ord. No. 1985-62]
