For the purposes of this article, the following terms shall
have the meanings stated in this section. Any term not defined herein
shall have the meaning ascribed to it in other sections of this code
or other ordinances of the Village, and if not defined in any other
section of this code or other ordinance, it shall have the meaning
ascribed in the Illinois Vehicle Code.
A vehicle, other than a hazardous or unlawful vehicle, on a
public street or in a public parking lot in such a state of disrepair
that it is incapable of being driven; or
A vehicle, other than a hazardous or unlawful vehicle, in a
public parking lot that has been unmoved for a period of at least
seven days and appears to have been abandoned by its owner based on:
A vehicle in a private parking lot without the consent of the
lot owner, proprietor or agent, which person has requested that the
vehicle be towed; or
A vehicle, other than a hazardous or unlawful vehicle, defined
as abandoned, or subject to being towed, by any other sections of
this code or other ordinances of the Village.
A vehicle that has been involved in an accident and is disabled
or cannot be immediately moved by the owner or operator of the vehicle;
or
A vehicle that presents an immediate danger to the health or
welfare of members of the public; or
A vehicle on a public street, roadway, alley, or off-street
parking area that is impeding the orderly flow of traffic or presents
a potential danger to pedestrians and operators of other vehicles;
or
A vehicle that is parked in such a way as to block access to
a fire hydrant.
C.
The towing of vehicles by the Village or its approved towing service
operators pursuant to this section shall be authorized only by the
Bannockburn Police Department and only under the circumstances herein
provided.
D.
Towed vehicles shall be impounded only at facilities designated by
the Bannockburn Police Department until lawfully claimed or disposed
of pursuant to provisions of this article or the laws of the State
of Illinois.
A.
Not less than seven days prior to towing any abandoned vehicle pursuant to § 232-28A hereof, the Village shall forward written notice of its intent to tow by certified or registered mail, return receipt requested, to the address of the owner of the vehicle as indicated in the most current registration list of the Secretary of State of the state in which such vehicle is registered.
B.
On or before the date of mailing the aforesaid written notice, a
notice of intent to tow, with the earliest date upon which the tow
may take place and the address and phone number of the Bannockburn
Police Department, shall be placed on the vehicle.
A.
The owner of a vehicle to be towed as an abandoned vehicle pursuant to § 232-28A hereof shall have seven days after the date of mailing of notice pursuant to § 232-29 hereof to request, in writing, a pre-tow hearing. Said written request shall be delivered to the Bannockburn Police Department within said seven-day period. Unless such a request is received within said seven-day period, the vehicle may be towed and any hearing rights under the provisions of this section shall be deemed waived.
B.
In the event that a pre-tow hearing is not requested as provided herein, a post-tow hearing shall, upon written request of the owner of a vehicle towed as an abandoned vehicle, be provided pursuant to § 232-33.
C.
Upon any request for a pre-tow hearing being made, the Village shall
schedule a date and time, not later than 15 days following receipt
of such request, for such hearing. Upon receipt of such request, but
not less than 48 hours before such hearing, the Village shall notify
the owner of the date and time for such hearing by telephone, by mail,
or in person as the circumstances require. Pending a final disposition
of such hearing, the vehicle shall not be towed except pursuant to
the procedures of this article applicable to hazardous or unlawful
vehicles.
A.
Not more than seven days after towing any hazardous or unlawful vehicle pursuant to § 232-28B of this article, the Village shall forward written notice of the towing by certified or registered mail, return receipt requested, to the address of the owner of the vehicle as indicated in the most current registration list of the Secretary of State of the state in which such vehicle is registered. The notice shall notify of the provisions of this code for post-tow hearings, including those procedures identified in Schedule V of this code.[1]
[1]
Editor's Note: Schedule V is included as an attachment to this chapter.
B.
All approved towing service operators shall cause individuals to
be advised of the opportunity and procedures for a hearing to contest
the validity of any vehicle tow. This may include prominently posting
two signs, with dimensions of at least 12 inches by 18 inches, indicating
the above, which shall be placed in locations readily visible to the
public transacting business at the towing facility. The form for such
information is set out in Schedule V.
A.
Before the owner of any towed vehicle shall be permitted to remove
said vehicle from a vehicle pound or authorized garage, the owner
shall furnish evidence of his or her identity and ownership and right
to possession of the vehicle, sign a receipt for the vehicle, and
pay an amount as set forth in this code. The Chief of Police is authorized
to promulgate regulations as to the documents or other proof necessary
to establish these facts.
B.
The owner of any towed vehicle shall pay the standard towing and storage fees established by the towing service operator and approved by the Village. Such fees shall be published in the Village Hall and Bannockburn Police Department at least 14 days before taking effect, and said published fees shall remain available for inspection as long as said fees are in effect. Within 24 hours of payment, the owner must take possession of the vehicle. The owner may pay the full amount of fees and subsequently request a hearing pursuant to § 232-33 of this article.
C.
Upon release of a towed vehicle as provided in this section, towing service personnel shall direct the owner's attention to the signs concerning notice and hearings posted pursuant to § 232-31B of this article.
D.
Notwithstanding any provision of this article to the contrary, an owner may remove a towed vehicle without paying towing or storage fees upon presentation of an order for release issued pursuant to § 232-34D(2)(b).
E.
Notwithstanding any other ordinance or statutory provisions to the
contrary, any towing service operator authorized to perform tows on
behalf of the Village must perform its services subject to the provisions
of this code. However, the towing company shall have the right to
recover the reasonable value of its services from the Village if not
paid by the vehicle owner.
A.
The owner of a vehicle towed as a hazardous or unlawful vehicle pursuant to § 232-28B of this article shall have 15 days after the date of mailing of notice or release of the vehicle, whichever occurs first, to request in writing a post-tow hearing to determine the validity of such tow and any towing or storage charges. Said written request shall be delivered to the Bannockburn Police Department within said fifteen-day period, or the right to a post-tow hearing under the provisions of this code shall be deemed waived. The hearing will not be determinative or, or adjudicate, any citation issued relative to any towed vehicle.
B.
Upon any request for a post-tow hearing being made, the Village shall
schedule a date and time for such hearing as follows:
(1)
In those instances where the vehicle has been released upon the full
payment of towing and storage charges, the hearing shall take place
within 15 days after the receipt of such request for such hearing.
Upon receipt of such request, but not less than 48 hours before such
hearing, the Village shall notify the owner of a date and time for
such hearing by telephone, by mail, or in person as the circumstances
require.
(2)
In those instances where the vehicle has not been released, the hearing
shall take place at the option of the owner:
(a)
Within 24 hours after the request for such hearing, excluding
weekends and holidays; except that if such request is made after 1500
hours (3:00 p.m.), then a hearing shall be held on the second working
day following the request. Upon receipt of such request, the Village
shall notify the owner of the date and time of such hearing by telephone
or in person.
(b)
If acceptable to the owner, within 15 days of such request on
a date convenient to all parties. Upon receipt of such request, but
not less than 48 hours before such hearing, the Village shall notify
the owner of the date and time for such hearing by telephone, by mail,
or in person as the circumstances require.
A.
Whenever a hearing is requested pursuant to § 232-30 or 232-33 of this article, the Police Commissioner or the Police Commissioner's designee shall serve as hearing officer, provided that the hearing officer was not directly involved in the initial decision to tow the vehicle. The hearing officer shall not determine or adjudicate any citation issued relative to the vehicle.
B.
After reviewing all relevant evidence presented at any pre-tow or
post-tow hearing, the hearing officer shall determine, based upon
a preponderance of the evidence, whether lawful authority exists for
the towing and any storage of the vehicle. The hearing officer shall
record this determination and the basis for such determination in
writing and provide the vehicle owner with a copy of such written
determination.
C.
If the hearing officer determines that lawful authority exists for towing the vehicle or that the owner failed to request a hearing pursuant to § 232-30 or 232-33 of this article, the written determination of the hearing officer shall:
(1)
For pre-tow hearings, direct that the vehicle be towed, with any towing and storage costs to be imposed upon the owner thereof. The fees to be charged for towing and storage services shall be in accordance with § 232-32B of this article. The owner of said vehicle having had such a hearing may avoid the towing by immediately removing the vehicle from the improper location to a proper, lawful location and correcting any unlawful condition of the vehicle.
(2)
For post-tow hearings, indicate the amount due for towing and storage
of the vehicle. The hearing officer may determine that the owner incurred
additional storage charges for reasons not the fault of the owner
and therefore excuse some or all of said storage charges. The specific
amount owed by the owner and the specific amount of any charges excused
shall be stated in the written determination of the hearing officer.
If a specific amount of any charges is excused, then:
(a)
The owner of a vehicle that has been released shall be reimbursed
by the Village for the amount of any charges excused.
(b)
The owner of a vehicle that is still impounded may obtain the
release of the vehicle upon payment of the amount owed, provided that
the owner presents the written determination of hearing officer to
the towing service operator at the time of such payment.
D.
If the hearing officer determines that lawful authority does not
exist for towing the vehicle or that the requirements for towing a
vehicle had not been satisfied, the written determination of the hearing
officer shall:
(1)
For pre-tow hearings, direct that the vehicle shall not be towed.
The owner may display his or her copy of the written determination
inside the vehicle. No vehicle about which such a decision has been
rendered shall be towed by the Village unless:
(2)
For post-tow hearings:
(a)
If the vehicle has been released to the owner, note the amount
of towing and storage fees prepaid by the owner and advise the owner
that such towing and storage fees shall be reimbursed by the Village.
(b)
If the vehicle is still impounded at the time of the hearing,
direct that the vehicle shall be released. This written determination
of the hearing officer shall be an order for release which, upon presentation
by the owner to the towing service operator, shall entitle the owner
to release of the vehicle without payment of any towing or storage
charges theretofore incurred.
E.
Whenever the hearing officer determines that the owner is entitled
to reimbursement by the Village, the hearing officer shall transmit
a copy of his or her written determination to the Village Treasurer,
who shall remit payment of the money due to the owner within 28 days
after the decision of the hearing officer, unless the Village files
a lawsuit to contest the decision of the hearing officer.
F.
The Village or the owner may contest the decision of the hearing
officer in any manner provided by law.
A.
Any vehicle towed pursuant to this code may be sold by the Bannockburn
Police Department to the highest bidder at either a private or public
sale.
C.
Notice of any sale pursuant to this section shall be forwarded by
certified or registered mail, return receipt requested, to the address
of the owner of the vehicle as indicated in the most current registration
list of the Secretary of State of the state in which the vehicle is
registered. Notice of sales under this section shall be given to the
owner as described herein at least 30 days in advance of a sale and
shall be published at least 20 days in advance in a newspaper of general
circulation in Lake County, Illinois.
From time to time, the Chief of Police shall promulgate the
necessary notices and forms in order to implement the provisions of
this article.