Chapter 10-76 IMPOUNDING AND RELOCATION OF VEHICLES

Members of the police department of this city are authorized to remove a vehicle from any public way to the nearest city vehicle pound or authorized garage as determined and designated by the chief of police under the circumstances hereinafter enumerated.

A. When any vehicle is left unattended upon any bridge or viaduct, or in any subway or tunnel, or upon any approach thereto, where such vehicle constitutes an obstruction to traffic;

B. When a vehicle upon any public way 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 incapacity to such an extent as to be unable to provide for its custody or removal;

C. When any vehicle is left unattended upon any public way and is so parked illegally as to constitute a definite hazard or obstruction to the normal movement of traffic;

D. When an abandoned vehicle is found on any public way;

E. When any vehicle illegally occupies parking-meter space for an unreasonable period of time;

F. When any vehicle is parked in violation of Section 10-60-060;

G. When any vehicle is parked in violation of Sections 10-60-070, 10-60-080 and 10-60-090;

H. When any vehicle is parked in violation of official signs indicating that parking, standing or stopping is prohibited at all times or during designated hours or prohibited for a longer time than indicated on such sign. (Ord. 1668 § 19.1, 1964)

10-76-020 Relocation of vehicles in emergencies.

When any emergency arises necessitating the removal of any vehicle upon any public way, members of the department of police are authorized to remove or have removed any such vehicle from one location to any other location. (Ord. 1668 § 19.2, 1964)

10-76-030 Presumptions.

Whenever any vehicle shall have been parked in violation of any of the provisions of any ordinance prohibiting or restricting parking, the person in whose name such vehicle is registered shall be prima fade responsible for such violation and subject to the penalty therefor. (Ord. 1668 § 20.3, 1964)

10-76-040 Notice on illegally parked vehicle.

A. Whenever any vehicle is parked in violation of the provisions of any ordinance prohibiting or restricting parking and there is no person in attendance upon such parked vehicle to be arrested or served immediately with a traffic violation notice to appear in court to answer the charge of such violation, any police officer observing such violation may attach to the vehicle used in such violation, a traffic violation notice so that the person in whose name such vehicle is registered may appear in the court on a day certain to be named in such notice and answer to the charge of such violation.

B. When any vehicle is parked in a private parking lot in violation of Section 10-84-140 or in a public parking lot in violation of Section 10-84-150 and there is no person in attendance upon such parked vehicle to be arrested or served immediately with a traffic violation notice to appear in court to answer the charge of such violation, any police officer upon a written complaint signed by the owner or proprietor of the lot, or by his authorized agent; that the vehicle is not entitled to the privileges of the parking lot may attach to the vehicle a traffic violation notice as provided herein.

C. It is unlawful for any person, other than the driver of the vehicle to which said notice is attached, to remove the same from said vehicle. (Ord. 1668 § 20.4, 1964)

10-76-050 Records.

It shall be the duty of the chief of police to safely keep any vehicle so impounded until such vehicle shall have been repossessed by the owner or person legally entitled to possession thereof or otherwise disposed of as hereinafter provided. The chief of police shall cause to be kept an accurate record of the description of such vehicle, including the name of the officer from whom such vehicle was received, the officer employed to tow or deliver the same to said pound or authorized garage, the date and time when received, the place where found, seized or taken possession of, the make and color of car, style or body, kind of power, motor number, serial number, number of cylinders, year built, state license number, if any, wheel tax license number, if any, equipment and general description of condition, the name and address of the person redeeming said vehicle, the date of redemption, and the manner and date of disposal of said vehicle in case the same shall not be redeemed, together with the towing and storage charges. Said record shall be in a form prescribed by the chief of police to keep weekly reports of all such vehicles delivered to him, which reports shall be kept in the office of said chief of police available for the inspection of any interested party at all reasonable hours of the day. (Ord. 1668 § 24.1, 1964)

10-76-060 Removal and impounding.

It shall be the duty of the chief of police to cause every vehicle removed from any public way as provided in Section 10-76-010 to be so removed and conveyed by or under the direction of a member of the police department to a vehicle pound or authorized garage. (Ord. 1668 § 24.2, 1964)

10-76-070 Notice to owner of impounded or relocated vehicle.

Whenever the department of police has impounded or relocated any vehicle, said department of police shall ascertain from the registration records of the state or this city the name and address of the owner thereof and shall immediately give or cause to be given notice in writing to such owner of the fact of such removal and impounding and reason therefor and of the place to which such vehicle has been removed. (Ord. 1668 § 24.3, 1964)

10-76-080 Vehicle pound.

The chief of police is authorized to establish a vehicle pound to which motor vehicles may be removed by police officers in the manner hereinafter provided. Such pound or pounds shall be located at such places as may be designated by the chief of police and operated by the custodian of lost and stolen property, under the direction of the chief of police. The pound shall be in charge of a police officer or officers, designated by the chief of police, for the purpose of receiving, safe-guarding and discharging vehicles, and for collecting fees hereinafter provided for. (Ord. 1668 § 24.4, 1964)

10-76-090 Impounding vehicles—Notice to secretary of state.

Whenever the department of police has impounded any vehicle as aforesaid and does not know and is not able to ascertain the name of the owner, or for any reason is unable to give the notice to the owner as hereinbefore provided, and in the event the vehicle is not returned to the owner within a period of three days, then and in that event said department of police shall immediately send or cause to be sent a written report of such removal and impounding by mail to the Secretary of State of the state of Illinois. 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 address of the vehicle pound or authorized garage where the vehicle is stored. (Ord. 1668 § 24.5, 1964)

10-76-100 Impounded vehicles—Sale—Notice—Other disposition.

A. Whenever any vehicle so impounded shall remain unclaimed by the owner or other person legally entitled to possession thereof for a period of thirty (30) days from the day such vehicle was impounded, and after notice shall have been given, it shall be the duty of the department of police to sell such vehicle at public auction to the highest bidder for cash, the time and place of such sale to be published at least once in a newspaper of general circulation in the city, not less than ten nor more than fifteen (15) days from expiration of said thirty (30) days, and he shall also cause a notice of such sale to be mailed to the Secretary of State not less than ten nor more than fifteen (15) days from the expiration of said thirty (30) days. Said notice shall contain the full description of the vehicle to be sold and the time and place of sale; provided, that any such vehicle not sold at the first sale may be offered for sale and sold at any subsequent sale without further notice or publication. The proceeds of such sale after paying liens and deducting all reasonable charges and expenses incurred by such officer charged with the keeping of said pound, including the fees and charges herein specified, in receiving, towing, keeping, preparing and giving notices, advertising for sale or selling or otherwise disposing of such vehicle shall be paid to the city treasurer.

B. Whenever any such vehicle shall remain unsold for a period of ninety (90) days from and including the day when the same shall have been delivered to any vehicle pound as in this chapter provided, any such vehicle may be given to the use of any department of the city or other governmental agency desiring the same, or may be removed to the house of correction for dismantling.

C. No member of the department of police, nor any other employee of the city, directly or indirectly, shall purchase or participate in bidding for, or purchase of, any vehicle offered for sale as aforesaid. (Ord. 1668 § 24.6, 1964)

10-76-110 Emergency and experimental regulations.

A. The chief of police by and with the approval of the mayor is empowered to make regulations necessary to make effective the provisions of the traffic ordinances of this city and to make and enforce temporary or experimental regulations to cover emergencies or special conditions.

B. The chief of police may test traffic-control devices and techniques under actual conditions. (Ord. 1668 § 24.7, 1964)

10-76-120 Fees for redemption of impounded vehicles.

Before the owner or person entitled to possession of any legally impounded vehicle shall be permitted to remove the same from the custody of the chief of police, he shall furnish evidence of his identity and ownership of the vehicle, and shall pay the cost of towing or removal of said vehicle, at the prevailing rate charged by the tower up to fifty-five dollars ($55.00) for passenger vehicles and a reasonable amount in excess where the size, weight or difficulty in towing the vehicle so warrants, to cover the cost of towing or removal to a vehicle pound or authorized garage, and in addition thereto the cost of storage charged at the prevailing rate at the garage or parking lots at which said vehicle is stored. (Ord. 2222, 1981: Ord. 1668 § 20.6, 1964)

Article II. ABANDONED VEHICLES

10-76-130 Definitions.

The following terms used in this chapter shall have the following meanings:

Abandoned or Inoperable. An “abandoned or inoperable vehicle” is defined as any vehicle which is without a current, valid license plate and/or is in a rusted, wrecked, discharged, dismantled, partly dismantled, inoperative or abandoned condition. An abandoned or inoperable vehicle is further defined as any motor vehicle from which, for a period of seven days, the engine, wheels or other parts have been removed or on which the engine or other parts have been altered, damaged or otherwise so treated that the vehicle is incapable of being driven under its own motor power. Any vehicle which has been rendered temporarily incapable of being driven under its own motor power in order to perform ordinary service or repair operations will be considered an inoperative motor vehicle if repairs are not concluded within fourteen (14) days of notification under this chapter. (Ord. 2540 § 1 (part), 1988)

10-76-140 Nuisance declared.

All abandoned or inoperable vehicles, whether on public or private property which are in view of the general public, are declared to be a nuisance. Any person who violates this chapter by maintaining such a vehicle or by failing to dispose of a vehicle after having been given notice to remove the said vehicle shall be subject to fines and penalties as provided for in this chapter in addition to any other remedies available under this chapter or other chapters of the municipal code. (Ord. 2540 § 1 (part), 1988)

10-76-150 Immediate tow.

The police department is authorized to tow from public thoroughfares and alleys without notice to the owner any vehicles which are illegally parked, vehicles which create a traffic hazard or immediate danger to the public or vehicles which the department has a reasonable belief are stolen. (Ord. 2540 § 1 (part), 1988)

10-76-160 Abandoned vehicles on the public way.

Members of the police department are authorized to tow abandoned or inoperable vehicles upon public thoroughfares in the city. Prior to removing any such vehicle, the department shall first give notice to the owner by affixing to the windshield or driver’s side window a warning sticker indicating to the owner that the vehicle will be towed if not removed within seventy-two (72) hours. The department is authorized to tow the vehicle upon the expiration of the seventy-two (72) hour period. In the event that the abandoned or inoperable vehicle carries current, valid license plates or city stickers, the department shall notify the owner by certified mail, return receipt requested, of its intent to tow the vehicle. (Ord. 2540 § 1 (part), 1988)

10-76-170 Abandoned vehicles on private property.

A. Storage of abandoned or inoperable vehicles on private property in violation of the provisions of this chapter is declared to be a nuisance. Members of the police department are authorized to tow abandoned or inoperable vehicles maintained upon private property in violation of this chapter. Prior to towing any such vehicle from private property, notice shall be given to the owner in accordance with this section. Notice of the intent to tow may be made in any one of the following manners:

1. By sending a notice of violation to the last known owner of the vehicle, by certified mail, return receipt requested, notifying the owner that the city intends to tow the abandoned or inoperable vehicle;

2. By personally delivering a copy of a notice of violation of this section and of the city’s intent to tow to the owner or owners of the vehicle;

3. By posting a sticker on the abandoned or inoperable vehicle which states, in large and legible typeface, that the vehicle in question will be towed by the city within seven calendar days after posting. Each such sticker shall also contain a space wherein the police department shall indicate the date of the posting. In addition, notice shall be given to the owner or owners of the vehicle by regular mail of the violation, the posting, the date the vehicle was posted, and a notice that the city intends to tow the abandoned or inoperable vehicle.

B. If the vehicles to be towed are unlicensed, the notices required by this section shall be served upon the owner or current occupant of the real estate upon which the abandoned vehicles are located. If the owner of the vehicles fails to dispose of the vehicles within seven calendar days after receipt of notice to do so, members of the police department may enter upon the property and cause the vehicles to be towed. (Ord. 2774 § 1, 1992)

10-76-180 Hearing.

Any person whose vehicle is towed from the public way pursuant to Sections 10-76-150 or 10-76-160 of this chapter may request a hearing. Any person so desiring a hearing must file a written request with the police department, on a form to be provided by the department, within seven calendar days after the vehicle has been towed. Any person who receives a notice from the city pursuant to Section 10-76-170 that a vehicle will be towed from private property may within seven calendar days present evidence that the said vehicle is neither abandoned nor inoperable. (OM. 2540 § 1 (part), 1988)

10-76-190 Parking of vehicles in residential zoning districts.

All vehicles parked in R-1 or R-1D residential zoning districts shall be parked on the street, clearly delineated driveway or within a garage. All vehicles parked in other residential zoning districts shall be parked on the street or in provided off-street parking. At no time shall a motor vehicle be parked, stored or in any manner be placed on the front, side or rear yards or otherwise be allowed to create a nuisance to adjoining property owners by placing the vehicle in areas other than those herein provided. (Ord. 2540 § 1 (part), 1988)

10-76-200 Limitations on number of vehicles.

No person may maintain more than one currently inoperable or unregistered motor vehicle in a residential district and any such vehicle so maintained shall be housed within a garage or other suitable enclosure. No person may maintain more than one currently registered commercial vehicle in a residential district. (Ord. 2540 § 1 (part), 1988)

10-76-210 Exclusions.

This chapter shall not apply to any motor vehicle kept within a building, nor to operable historic vehicles over twenty-five (25) years of age, or to a motor vehicle on the premises of a place of business engaged in the wrecking or junking of motor vehicles. (Ord. 2540 § 1 (part), 1988)

10-76-220 Persons responsible.

The owner of any abandoned or inoperable vehicle which violates this chapter and the owner or occupant of any real estate upon which said vehicles are located may be held liable for violations of this chapter. (Ord. 2540 § 1 (part), 1988)

10-76-230 Costs and towing charges.

The owner of any motor vehicle towed pursuant to the terms of this chapter shall be responsible for all costs and charges associated with towing and storage of vehicles. Such charges shall be in addition to any fines or other remedies provided for in this chapter. (Ord. 2540 § 1 (part), 1988)

10-76-240 Violations—Penalties.

A. If a citation is issued in lieu of a complaint for any violation of this chapter, the following schedule of fines shall be assessed and paid:

1. Twenty-five dollars ($25.00) shall be assessed and paid if payment is made within ten days of the issuance of the citation.

2. Fifty dollars ($50.00) shall be assessed and paid after ten days from the date of issuance of the citation.

3. Seventy-five dollars ($75.00) shall be assessed and paid if a notice to appear in court has been issued and if paid prior to the scheduled date for appearance in court.

B. Upon issuance of a notice to appear in court, or upon filing of complaint in court any person, firm or corporation, upon conviction of a violation of any of the provisions of this chapter, shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each violation. Each day a violation shall occur shall be deemed a separate and distinct offense. Any person convicted of a second and subsequent offense shall be fined not less than two hundred fifty dollars ($250.00) nor more than five hundred dollars ($500.00). (Ord. 2540 § 1 (part), 1988)