Chapter 11.03
VEHICLE IMMOBILIZATION AND IMPOUNDMENT PROGRAM
Sections:
11.03.010 Vehicle immobilization and impoundment.
11.03.020 Pre-immobilization or impoundment notice.
11.03.030 Pre-immobilization or impoundment review.
11.03.040 Post-immobilization notice.
11.03.050 Release of immobilized vehicle.
11.03.060 Post-impoundment notice.
11.03.070 Post-immobilization and/or post-impoundment hearing.
11.03.080 Release of impounded vehicle.
11.03.010 Vehicle immobilization and impoundment.
A. The police chief, or his designee, is hereby authorized to direct and supervise a program of vehicle immobilization and impoundment for the purpose of enforcing the ordinances set forth in RMC Title 10, Vehicles and Traffic. The program of vehicle immobilization and impoundment shall provide for immobilizing or impounding any eligible vehicle located on the public way or any village-owned property by placement of a restraint in such a manner as to prevent its operation, or towing it to an impound lot. The police chief, or his designee, shall have discretion regarding whether to immobilize a vehicle prior to impounding it, and may choose to impound the vehicle without first immobilizing it.
B. Definitions. For purposes of this chapter, the following words and phrases have the following meanings:
1. “Owner” means the registered or legal owner or person who is otherwise entitled to possession of the motor vehicle.
2. “Police immobilized vehicle (wheel-lock)” means a vehicle located on the public way, or village-owned property, at a time or in such a manner as to require police intervention pursuant to this chapter.
C. When the registered owner of a vehicle has accumulated three or more final determinations of liability for violations of RMC Title 10, in any combination, for which the fines and applicable penalties, if applicable, have not been paid in full, the police chief or designee shall cause a notice prior to vehicle immobilization or impoundment to be sent, in accordance with RMC 11.03.020, Pre-immobilization or impoundment notice.
D. The owner of an immobilized or impounded vehicle or other authorized person may secure the release of the vehicle by paying the immobilization, towing and storage fees provided in subsection G of this section, and all fines and penalties remaining due on each final determination of liability issued to such person.
E. All motor vehicles towed pursuant to this chapter shall be towed by a towing company and impounded in a location each determined by the village president, with the consent of the village board.
F. The owner of a vehicle covered by this chapter shall have the right to an administrative hearing to determine whether the immobilization or towing and subsequent impoundment was erroneous. Hearings requested pursuant to this chapter shall be conducted by a hearing officer upon receipt of a written request for a hearing. Hearing officers under this chapter shall be the same as those appointed by the village to conduct administrative hearings provided for in Chapter 11.02 RMC. The hearing officers shall have the authority to subpoena the presence of village personnel or witnesses at such hearing. Any determination of the hearing officer regarding the validity of any action pursuant to this chapter shall be a final determination for the purpose of judicial review under the Administrative Review Law of Illinois upon issuance.
G. The owner of an immobilized or impounded vehicle shall be subject to a fee of one hundred fifty dollars for such immobilization or impoundment. The owner will also be liable to the village for all costs associated with the towing subsequent to immobilization or prior to impoundment as well as any and all storage fees.
H. It shall be unlawful to remove or damage the immobilizing device or to relocate or tow any vehicle restrained by an immobilization device without the prior approval of the village. Any person who violates this section shall be subject to a penalty of five hundred dollars for each such violation. (Ord. 2017-24 § 3, 2017; Ord. 2013-09 § 3, 2013)
11.03.020 Pre-immobilization or impoundment notice.
Upon accumulation of three or more outstanding or otherwise unsettled parking violation notices and/or village vehicle license violation notices, a pre-immobilization or impoundment notice shall be sent by regular mail to the owner of such vehicle or placed on the owner’s vehicle when the owner cannot be reached by mail. The notice shall state the name and address of the registered owner, the state registration number of the vehicle or vehicles registered to such owner, that a final determination has been made on three or more violations of RMC Title 10 for which the fines and penalties remain unpaid, the serial numbers of the RMC Title 10 violation notices which have resulted in final determination of liability for which fines and/or penalties remain unpaid, that the motor vehicle owned by the person and located within the village is subject to immobilization and/or towing and impoundment if the fines and penalties are not paid within twenty-one days of the date of the notice, and that the registered owner may contest the validity of the notice by filing a request for a hearing with the ordinance enforcement administrator within, but not later than, twenty-one days of the date of the notice. Failure to pay the fines and penalties owed within twenty-one days from the date of the notice will result in the inclusion of the state registration number of the vehicle or vehicles of such owner on an immobilization and impoundment list. (Ord. 2017-24 § 3, 2017; Ord. 2013-09 § 3, 2013)
11.03.030 Pre-immobilization or impoundment review.
A person may challenge the validity of the pre-immobilization or impoundment notice by requesting a hearing and appearing in person to submit evidence which disproves liability within twenty-one days of the date of notice. Documentary evidence which disproves liability shall be based on the following grounds:
A. That all fines and penalties for the violations cited in the notice have been paid in full; or
B. That the registered owner has not accumulated three or more final determinations of parking violation liability which were unpaid at the time the notice of impending vehicle immobilization was issued. (Ord. 2017-24 § 3, 2017; Ord. 2013-09 § 3, 2013)
11.03.040 Post-immobilization notice.
Upon immobilization of an eligible vehicle, a post-immobilization notice shall be affixed to the vehicle in a conspicuous place. The notice shall warn that the vehicle is immobilized and that any attempt to move the vehicle may result in its damage. The notice shall also state that the unauthorized removal of or damage to the immobilizing restraint is a violation of RMC 11.03.010(H), Vehicle immobilization and impoundment. The notice shall also provide information specifying how release of the immobilizing restraint may be had, and how the registered owner may obtain a post-immobilization hearing. If the restraint has not been released within twenty-four hours of its placement, the restraint shall be released and the vehicle towed and impounded by the village or its designee. (Ord. 2017-24 § 3, 2017; Ord. 2013-09 § 3, 2013)
11.03.050 Release of immobilized vehicle.
The owner of an immobilized vehicle or other authorized person may secure the release of the vehicle by paying the immobilization, towing and storage fees provided in RMC 11.03.010(G), and all fines and penalties remaining due on each final determination of liability issued to such person. (Ord. 2017-24 § 3, 2017; Ord. 2013-09 § 3, 2013)
11.03.060 Post-impoundment notice.
Within five days after a vehicle has been impounded, a notice of impoundment shall be sent by certified mail, return receipt requested, to the address of the registered owner as listed with the Secretary of State. The notice shall state that the owner has the right to request a post-immobilization hearing and/or post-impoundment hearing as provided in RMC 11.03.070, and that if the vehicle is not claimed within thirty days from the date of the notice, the vehicle may be sold or otherwise disposed of in accordance with the Illinois Vehicle Code, 625 ILCS 5/4-208. (Ord. 2017-24 § 3, 2017; Ord. 2013-09 § 3, 2013)
11.03.070 Post-immobilization and/or post-impoundment hearing.
The owner of an immobilized or impounded vehicle shall have a right to a hearing to determine whether the immobilization and/or impoundment was erroneous, if the owner requests a hearing within fourteen days after immobilization or within fourteen days of the date of the notice sent pursuant to RMC 11.03.060, whichever is later. This hearing shall not be determinative of, or adjudicate, any citation issued relative to any towed vehicle. This hearing shall be subject to RMC 11.03.010(F). Failure to request a hearing within the time frames set forth herein shall forfeit any right to a hearing as set forth in this section. Failure to attend a scheduled hearing shall be deemed a waiver of the right to a hearing.
A. Any hearing requested pursuant to this section shall be conducted within five days of receipt of the written demand unless otherwise mutually agreed by the parties. (Ord. 2017-24 § 3, 2017; Ord. 2013-09 § 3, 2013)
11.03.080 Release of impounded vehicle.
Notwithstanding any other provisions of this chapter, no impounded vehicle shall be released and/or operated on the public way without proof of current liability insurance coverage, and a current state registration plate registered to and displayed on the impounded vehicle. In addition to the foregoing, if the impounded vehicle is required to be licensed pursuant to RMC Title 10, then it shall not be released without a current village of Riverdale wheel tax vehicle sticker. (Ord. 2017-24 § 3, 2017; Ord. 2013-09 § 3, 2013)
11.03.090 Debt to village.
Any fine, penalty or part of any fine or any penalty assessed in accordance with the provisions of this chapter and remaining unpaid after the exhaustion of or the failure to exhaust administrative remedies created under this chapter and the conclusion of any judicial review procedures shall be a debt due and owing the village and, as such, may be collected in accordance with the applicable law. Payment in full of any fine or penalty resulting from a standing or parking violation shall constitute a final disposition of that violation. (Ord. 2017-24 § 3, 2017)