[Amended 4-16-2007 by Ord. No. 2544]
For the purpose of this article, the following words shall have
the meanings ascribed to them as follows:
All motor vehicles or other vehicles in a state of disrepair,
rendering the vehicle incapable of being driven in its condition;
or any motor vehicle or other vehicle that has not been moved or used
for seven consecutive days or more and is apparently deserted.
A motor vehicle that is more than 25 years of age or a bona
fide replica thereof and which is driven on the City streets or highways
only going to and returning from an antique show or 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 purposes of exhibition or demonstration.
Any street, alley or public way within the City.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The abandonment of a motor vehicle or other vehicle or part
thereof on any highway in this municipality is unlawful and subject
to penalties, as set forth herein. The abandonment of a motor vehicle
or other vehicles or any part thereof on private or public property,
other than a highway, in view of the general public, anywhere in this
municipality is unlawful, except on property of the owner or bailee
of such abandoned vehicle. A motor vehicle or other vehicle or any
part thereof so abandoned on private property may be authorized for
removal by or upon the order of the Chief of Police of this municipality,
after a waiting period of seven days or more has expired, or may be
removed immediately if determined to be a hazardous dilapidated motor
vehicle under 65 ILCS 5/11-40-3.1.
When an abandoned, lost, stolen or unclaimed motor vehicle or
other vehicle comes into the temporary possession or custody of a
person in this state, not the owner of the vehicle, such person shall
immediately notify the Police Department when the vehicle is within
the corporate limits of the municipality. Upon receipt of such notification,
the Chief of the Police Department shall authorize a towing service
to remove and take possession of the abandoned, lost, stolen or unclaimed
motor vehicle or other vehicle. The towing service will safely keep
the towed vehicle and its contents, maintain a record of the tow 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 in this
chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
When a motor vehicle or other vehicle is abandoned on a highway
in this municipality for 24 hours or more, it may be removed in accordance
with 625 ILCS 5/4-203, as amended.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
When a motor vehicle or other vehicle is authorized to be towed
away, the Police Department shall keep and maintain a record of the
vehicle towed, listing by color, year of manufacture, manufacturer's
trade name, manufacturer's series name, body style, vehicle identification
number and license plate or digital license plate year and number
and registration sticker or digital registration sticker year and
number displayed on the vehicle. The record shall also include the
date and hour of tow, location towed from, location towed to, reason
for towing and the name of the officer authorizing the tow.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
When the Police Department does not know the identity of the
registered owner or other legally entitled person, it will proceed
in accordance with the record search procedures in 625 ILCS 5/4-205,
as amended.
When the registered owner or other person legally entitled to
the possession of a motor vehicle or other vehicle cannot be identified
from the registration files of this state or from the registration
files of another state, if applicable, the Police Department shall
notify the Illinois State Police for the purpose of identifying the
vehicle's owner or other person legally entitled to the possession
of the vehicle.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any time before a motor vehicle or other vehicle is sold at
public sale or disposed of as provided herein, the owner or other
person legally entitled to its possession may reclaim the vehicle
by presenting to the Police Department proof of ownership or proof
of the right to possession of the vehicle. No vehicle shall be released
to the owner or other person under this section until all towing,
storage and processing charges have been paid.
A.
Whenever an abandoned, lost, stolen or unclaimed motor vehicle or
other vehicle, seven years of age or newer, remains unclaimed by the
registered owner or other person legally entitled to its possession
for a period of 30 days after notice has been given as provided herein,
the Police Department having possession of the vehicle shall cause
it to be sold at public sale to the highest bidder. Notice of the
time and place of the sale shall be posted in a conspicuous place
for at least 10 days prior to the sale on the premises where the vehicle
has been impounded. At least 10 days prior to the sale, the Police
Department shall cause a notice of the time and place to be sent by
certified mail to the registered owner or other person known by the
Police Department or towing service to be legally entitled to the
possession of the vehicle. Such notice shall contain a complete description
of the vehicle to be sold and what steps must be taken by any legally
entitled person to reclaim the vehicle.
B.
In those instances where the certified notification specified herein
has been returned by the postal authorities to the Police Department
due to the addressee having moved or being unknown at the address
obtained from the registration records of this state, the sending
of a second certified notice will not be required.
C.
When the identity of the registered owner or other person legally
entitled to the possession of an abandoned, lost or unclaimed vehicle
of seven years of age or newer cannot be determined by any means provided
for in this chapter, the vehicle may be sold as provided herein or
disposed of in the manner authorized by this chapter, without notice
to the registered owner or other person legally entitled to the possession
of the vehicle.
A.
When an abandoned vehicle of more than seven years of age is impounded
as specified by this article, it will be kept in custody for a minimum
of 10 days for the purpose of determining ownership, the contacting
of the registered owner by the U.S. Mail, public service or in person
for a determination of disposition; and an examination of the Illinois
State Police stolen motor vehicle files for theft and wanted information.
At the expiration of the ten-day period without the benefit of disposition
information being received from the registered owner, the Chief of
Police will authorize the disposal of the vehicle as junk only.
B.
A vehicle classified as an antique vehicle, expanded-use antique
vehicle, custom vehicle, or street rod may, however, be sold to a
person desiring to restore it.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
When a motor vehicle or other vehicle in the custody of the
Police Department is reclaimed by the registered owner or other legally
entitled person, or when the vehicle is sold at public sale or otherwise
disposed of as provided in this article, a report of the transaction
will be maintained by the Police Department for a period of one year
from the date of the sale or disposal.
When a vehicle located within the corporate limits of this municipality
is authorized to be towed away by the officer on duty of the Police
Department of this City and disposed of as set forth in this article,
the proceeds of the public sale or disposition, after the deduction
of towing, storage and processing charges, shall be deposited in the
municipal treasury.
A motor vehicle or other vehicle classified as an antique vehicle
is excluded from the provisions of this article.
A.
Any
police officer, towing service owner, operator or employee shall not
be held to answer or be liable for damages in any action brought by
the registered owner, former registered owner, or his legal representative,
or any other person legally entitled to the possession of a motor
vehicle or other vehicle when the vehicle was processed and sold or
disposed of as provided by this article.
B.
A towing
service, and any of its officers or employees, that removes or tows
a vehicle as a result of being directed to do so by a law enforcement
officer or agency or a department of municipal government or its officers
or employees shall not be held to answer or be liable for loss of
or damages to any real or personal property that occurs in the course
of the removal or towing of a vehicle or its contents:
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
(1)
On a limited-access highway in a designated Incident Management Program
that uses fast-lane clearance techniques as defined by the Department
of Transportation; or
(2)
At the direction of a peace officer, a highway authority official,
or a representative of local authorities, under 625 ILCS 5/11-402
or 5/11-404.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A.
The
owner, operator, or other legally entitled person shall be responsible
to the towing service for payment of applicable removal, towing, storage,
and processing charges and collection costs associated with a vehicle
towed or held under order or authorization of a law enforcement agency.
If a vehicle towed or held under order or authorization of a law enforcement
agency is seized by the ordering or authorizing agency or any other
law enforcement or governmental agency and sold, any unpaid removal,
towing, storage, and processing charges and collection costs shall
be paid to the towing service from the proceeds of the sale. If applicable
law provides that the proceeds are to be paid into the treasury of
the appropriate civil jurisdiction, then any unpaid removal, towing,
storage, and processing charges and collection costs shall be paid
to the towing service from the treasury of the civil jurisdiction.
That payment shall not, however, exceed the amount of proceeds from
the sale, with the balance to be paid by the owner, operator, or other
legally entitled person.
B.
Upon
delivery of a written release order to the towing service, a vehicle
subject to a hold order shall be released to the owner, operator,
or other legally entitled person upon proof of ownership or other
entitlement and upon payment of applicable removal, towing, storage,
and processing charges and collection costs.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Whenever any resident of this state fails to pay any fine, charge, or cost imposed for a violation of this Article VI, the Clerk shall notify the Secretary of State, on a report prescribed by the Secretary, and the Secretary shall prohibit the renewal, reissue, or reinstatement of the resident's driving privileges until the fine, charge, or cost has been paid in full. The Clerk shall provide notice to the owner, at the owner's last known address as shown on the court's records, stating that the action will be effective on the 46th day following the date of the above notice if payment is not received in full by the court of venue.
