[Amended by Ord. No. 1979-102; Ord. No. 1982-30; Ord. No. 1984-6; Ord. No. 1986-92; Ord. No. 2018-89; 12-11-2023 by Ord. No. 2023-112]
As used in this article:
CHANGE OF OWNERSHIP
A. 
A change in the form of ownership, e.g., from an individual or partnership or entity or from a partnership to an individual;
B. 
A change from an individual to a partnership or a change in a partnership such as the addition or deletion of any partner; or
C. 
In an entity, the transfer of over 5% of the stock thereof except for those listed on a national stock exchange in which event the transfer of a controlling interest or over 50% of the stock thereof.
COMMERCIAL VEHICLE RELOCATOR or RELOCATOR
Any person or entity engaged in the business of removing trespassing vehicles from private property by means of towing or otherwise, and thereafter relocating and storing such vehicles.
COMMISSION
The Illinois Commerce Commission.
ENTITY
An organization that has an identity separate from those of its members, including, but is not limited to, corporations, limited partnerships, limited liability companies, or limited liability partnerships.
LAW
The Illinois Commercial Relocation of Trespassing Vehicles Law, (Ill. Rev. Stat. Ch. 95 112, Sec. 18a).[1]
OPERATOR
Any person who, as an employee or agent of a commercial vehicle relocator, removes trespassing vehicles from private property by means of towing or otherwise.
OPERATOR'S LICENSE
A license issued to an operator in accordance with Sections 18a-403 or 18a-405 of the Illinois Vehicle Code.
RELOCATOR'S LICENSE
A license issued to a commercial vehicle relocator in accordance with Section 18a-400 or 18a-401 of the Illinois Vehicle Code.
[1]
Editor's Note: See 625 ILCS 5/18a-100 et seq.
A. 
No motor vehicle may be towed by a relocator from any public street or way, public alley, or other public property except pursuant to explicit authorization from a peace officer, law enforcement officer, a person (or their authorized representative) having managerial control of the parking area (hereinafter "manager"), the owner of said vehicle, or a duly authorized driver of said vehicle.
B. 
No motor vehicle may be towed by a relocator if it is parked in the space in which it is authorized to park.
C. 
Before a relocator may remove any unauthorized vehicle from public or private property, they must first have a request from the property owner, the lessee, or the manager of the property, or the Bloomington Police Department to remove the specific vehicle in question, unless they have been given authorization to remove all unauthorized vehicles from said property.
D. 
When any owner, the lessee, or manager of public or private property gives authorization to a relocator to remove any or all unauthorized vehicles from a public or private parking area, signs shall be posted pursuant to § 29-2504.
E. 
No vehicle may be towed, pursuant to §§ 29-2501 through 29-2511 hereof, by any person from public or private property if the owner or other person entitled to possession of the vehicle is present, or arrives at the scene prior to the vehicle's removal from such property, exhibits the ignition key of said vehicle, and offers to remove such vehicle voluntarily prior to the time such person attempting to tow actually removes such vehicle from the property in question, provided that such owner or such other person so removes such vehicle immediately. However, the owner of the vehicle or such other person must pay half of the towing fee. If the owner refuses to pay half the fee for responding to the request, the relocator may proceed to tow the vehicle.
F. 
The terms "owner," "lessee" and "manager" when used in §§ 29-2501 through 29-2511 hereof shall include the authorized agent and public or private manager for the owner or lessee as the facts may indicate in each situation.
G. 
Sections 29-2501 through 29-2511 hereof shall not supersede other applicable towing provisions of City or state law.
A. 
Prior to release of towed motor vehicles, the relocator shall permit the owner or the authorized agent of the vehicle towed to inspect the interior and exterior of said vehicle and its contents.
B. 
The owner or authorized agent of the owner of the towed vehicle may be identified by a valid driver's license or valid driver's license for the state of issuance of the license plates of the vehicle towed, and an ignition key which operates the vehicle towed; or in the instance of rented vehicles, identification may be accomplished by presentation of a rental contract and the driver's license of the renting party named in the rental contract. This subsection does not prohibit a relocator from reasonably requiring additional means of proving ownership of the motor vehicle.
C. 
Should the relocator claim fees and charges for towing, it shall base the fees and charges on rates as stated in § 29-2514.
D. 
The relocator shall accept any of the following methods of payment for such fees and charges:
(1) 
United States currency;
(2) 
Regularly recognized traveler's checks;
(3) 
Money order;
(4) 
Cashier's or Certified Check.
E. 
The relocator may accept any regularly recognized credit cards or a personal check or similar means of payment for fees and charges.
A. 
When any owner, lessee, or manager of public or private property gives authorization to a relocator to remove any or all unauthorized vehicles from a public or private parking area, signs shall be posted no less than 24 hours prior to the time when any tow is made. Said sign(s) should be prominently visible from all entrances to and exits from the parking area and in clear view free from interference from any natural or man-made objects and shall be visible at night. The portions of these signs informing that unauthorized vehicles will be towed shall be in letters not less than three inches in height and in a color vividly contrasting to the background color of the sign. In cases where said sign(s) are absent or are not clearly visible, for whatever reason, at the time the vehicle is parked without authorization, towing shall not be permitted. The signs shall contain the following information:
(1) 
A general statement indicating who is allowed to park in the area. Said statement may use classes of persons, as well as individuals.
(2) 
A warning that unauthorized vehicles will be towed.
(3) 
The exact fee, if any, charged by the relocator to recover the vehicle and the acceptable methods of payment of such fee.
B. 
The sign required by Subsection A shall not be required prior to when vehicles are towed:
(1) 
From nonresidential parking areas which serve three cars or fewer provided the circumstances of the area indicates the spaces are reserved or intended exclusively for the use or occupation of specific persons or their vehicles and there is an indication that towing may occur; or
(2) 
From all driveways; or
(3) 
From residential properties exempt from the signing requirements of Section 18a-302 of the Illinois Vehicle Code.
Whenever an unauthorized vehicle is towed from public or private property, the relocator, or their agent or employee, shall notify the Bloomington Police Department, except when a representative of the Police Department authorizes the vehicle to be towed. Such notification shall be by telephone no later than one hour after the tow is made and shall include the name of the relocator, an accurate description of the vehicle, and the location it was towed to and from.
A. 
It shall be unlawful for a vehicle owner or operator to park a vehicle:
(1) 
In an off-street parking place where signs are posted pursuant to § 29-2504 of this article where the owner has not received permission to park in that space; or
(2) 
On a street in such a manner as to block a driveway; or
(3) 
On any residential property for which a sign need not be posted pursuant to Section 18a-302 of the Illinois Vehicle Code.
B. 
The penalty for conviction of this section is $25.
A. 
Any vehicle owner or operator whose vehicle is towed pursuant to this ordinance may, within 30 days of the towing, in lieu of paying the relocator for storage and towing, post a bond equal to the storage and towing fees with the City Clerk. Upon posting said bond, the relocator shall release the vehicle towed.
B. 
Within 96 hours of the posting of the bond, the City Manager or their designee shall preside over an administrative hearing at which time the vehicle owner or operator may plead facts indicating by a preponderance of the evidence that:
(1) 
The signs, if required in § 29-2504, were not posted or were not readable at the time the owner left the vehicle; or
(2) 
The vehicle was mistakenly towed, i.e., the owner or operator had the permission of the property owner to park; or
(3) 
Other circumstances indicating that the owner or operator was without fault in parking the vehicle in the location from which it was towed.
C. 
Notice of said hearing shall be given to the property owner and relocator, as well as to the vehicle owner or operator.
D. 
If the City Manager or their designee determine that the vehicle owner or operator has met the burden of proof, then he shall order the bond to be returned to the vehicle owner or operator.
E. 
If the City Manager or their designee determine that the vehicle owner or operator has not met the burden of proof, then he shall order the bond to be sent to the towing company.
F. 
If no claim is made upon the vehicle within 30 days of the towing, and an attempt has been made to contact the owner of the vehicle, the vehicle may be considered an abandoned vehicle and disposed of as provided in the Illinois Vehicle Code.
[Amended 10-14-2024 by Ord. No. 2024-079]
A. 
Applications for creation of such licenses shall be made upon forms prepared and furnished by the City Clerk. Each application shall be signed and verified upon the oath or affirmation of an owner, an authorized agent, or managing member of the applicant. Such application shall be submitted and filed with the City Clerk after payment to the City of an application fee as set forth in the Schedule of Fees. Each application shall contain the following information and statements:
(1) 
The name, date of birth, and address of the applicant in the case of an individual; in the case of a partnership, the persons entitled to share in the profits thereof; and in the case of an entity, the date of incorporation, the objects for which it was organized, the names and addresses of the officers and directors, and if a majority in interest of the stock of such entity is owned by one person or their nominees, the name and address of such person;
(2) 
The entity name, registered DBA (doing business as)/assumed name, establishment address and phone number;
(3) 
An email address to be used for all licensing communications;
(4) 
The location and description of the premises and place of business which is to be operated under such license;
(5) 
A statement whether the applicant has made a similar application for a similar license on premises other than described in this application and the disposition of such application;
(6) 
Whether a previous license by any state or subdivision thereof or by the federal government has been revoked and reasons therefor;
(7) 
A statement that the applicant will not violate any of the laws of the State of Illinois or of the United States or any ordinance of the City in the conduct of their place of business.
If a business entity (corporations, not-for-profit corporations, limited partnerships, limited liability companies, or limited liability partnerships), the applicant must be in good standing with the State of Illinois before a license will be issued.
B. 
The following must be submitted as supplemental documentation to the application provided by the City Clerk:
(1) 
A list of all owners/partners/officers with name, date of birth, address, and percent ownership/stock;
(2) 
A copy of the applicant's State of Illinois relocator license;
(3) 
If an assumed name is used, proof the assumed name is registered with the State of Illinois or County of McLean;
(4) 
Insurance as set out in § 29-2512; and
(5) 
A bond as set out in § 29-2512.
C. 
Disqualification for license. No such license shall be issued to:
(1) 
A person not of legal age or under any legal disability;
(2) 
A person whose license issued under this ordinance has been revoked for cause;
(3) 
A person who, at the time of application, for renewal of any license hereunder would not be eligible for such license upon a first application; and
(4) 
Any person who fails to furnish or falsely furnishes information or who fails to make or falsely makes statements required in the application for a license as set forth in this chapter.
D. 
Renewals. On January 1, 2025, a one-time sixteen-month license (January 1, 2025 — April 30, 2026) will be made available to allow the license cycle to transition to align with the City's fiscal year (May 1 — April 30). The City Clerk maintains the responsibility of determining and managing the processes necessary to facilitate the change, including, but not limited to, establishing billing cycle payment options. First-time licenses issued after January 1, 2025, shall expire on April 30, 2026.
E. 
On May 1, 2026, the standard twelve-month licensing cycle will resume. All applications for the renewal of a license shall be made in writing to the City Clerk not later than April 1 of each year. If the information and statements contained in the original application have not changed, in lieu of an application for renewal, a licensee may file with the City Clerk, not later than April 1 of each year, an affidavit stating that such facts and statements have not changed.
[Amended 10-14-2024 by Ord. No. 2024-079]
A. 
The fee to be paid for the license herein required shall be an amount as set forth in the Schedule of Fees per year payable in advance and no license shall be issued until such fee has been paid. When a license is created by the City Clerk and is subsequently issued, the license fee shall be prorated on the basis of the remaining days of the calendar year in which the license is issued. Application fees shall not be prorated. The license shall expire on April 30 of each year. In the event of revocation or surrender of a license, no unearned portion of the license fee shall be refunded.
B. 
Each renewal license fee must be received by the City Clerk not later than April 1 unless the first falls on a holiday, in which case license fees may be received by the Clerk on the following business day. If a license fee is received late, the license holder must pay a late fee in the amount of 10% of the invoiced license fee and may be subject to the renewal license being denied.
A. 
Each person or entity having a relocator license shall obtain and at all times maintain in effect a penal bond to the City of Bloomington in the sum of $2,000 from a solvent surety company licensed to do business in the State of Illinois and each such bond is subject to being approved by the Corporation Counsel. Each bond shall be filed with the City Clerk before the license to which the bond applies is distributed by the City Clerk and shall be conditioned upon the faithful observance by the licensee of all of the provisions of this chapter and of any other provisions of the Bloomington City Code and of the laws of the State of Illinois and of the United States of America applying to relocators.
B. 
Each relocator licensee is required at all times to have on file with the City Clerk proof from the surety company that the required bond is in effect at all times as required by this section.
C. 
Each licensee, prior to receiving a license, shall procure and maintain for the duration of the license, public liability and property damage insurance in a minimum amount of $500,000 per person and $1,000,000 in the aggregate per occurrence and property damage in a minimum amount of $1,000,000, which shall name the City of Bloomington, its officers and employees as additional insureds and the same shall provide that the policy shall not terminate or be canceled prior to the expiration date without 30 days' advance written notice to the City. Proof of such insurance, issued by an insurance company licensed to do business in the State of Illinois in the form of a certificate of insurance, shall be attached to the application.
D. 
The failure of any person or entity to at all times maintain in effect the bond and insurance as required by this section shall be a violation of this chapter and may result in sanctions as herein provided.
A. 
The relocator shall identify their vehicles in a color or colors vividly contrasting to the color of the unit, their name, address, and telephone number, using letters and figures not less than two inches in height.
B. 
The above requirement shall be waived where the vehicle has painted or otherwise firmly affixed to it a seal or trademark which clearly identifies the relocator.
A. 
In addition to the imposition of fines provided in this chapter, any relocator license may be revoked, suspended, or not renewed, after notice and hearing by the City Manager, or their designee, for any of the following reasons:
(1) 
Violation of any of the provisions of this chapter;
(2) 
Violation of any law occurring on the establishment's premises committed by the establishment or an employee of the establishment;
(3) 
Violation of any law or state regulation regarding relocating or relocator licenses;
(4) 
Failure to pay any tax, judgment, fee, or bill owed to the City of Bloomington;
(5) 
Failure to provide current information regarding the ownership or location of the business;
(6) 
Failure to notify in writing the City Clerk Department and receive prior approval of a change in ownership as required by § 29-2513.
B. 
For the administration of this section, the formal rules of evidence shall not apply at the hearing and hearsay may be permitted, provided it is of the nature reasonably prudent persons would rely upon in the conduct of their affairs. At the hearing, the City Manager, or their designee, shall determine by a preponderance of the evidence whether a lawful reason exists to revoke or suspend the license. The City Manager, or their designee, after determining that a lawful reason exists to revoke or suspend the license, shall also determine whether that lawful reason merits the sanction of a revocation or suspension of the license.
C. 
An establishment whose relocator license has been revoked may not reapply for a new license until one year after the final determination of revocation.
D. 
The procedure provided in the Illinois Commerce Commission's Rules of Practice, with the exception of Rule XII, concerning complaints, hearings, etc., shall govern all proceedings wherein a relocator license may be suspended or revoked.
It is the intention of the City Council of the City of Bloomington, Illinois, that the several provisions of this Article XXV on commercial relocation of vehicles are separable. If any court of competent jurisdiction shall adjudge any provision of this article to be invalid, such judgment shall not affect any other provisions of this article not specifically included in such judgment order.
[Added 1-8-2024 by Res. No. 2024-001]
Any person, firm, or entity violating any provision of this chapter shall, unless otherwise provided in this chapter, be fined not less than $250 nor more than $2,000 for each offense with the exception of illegal parking under § 29-2506; and a separate offense shall be deemed to have occurred on each day during or on which a violation occurs or continues.