Village of Sidney, IL
Champaign County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the President and Board of Trustees of the Village of Sidney 8-7-1995 by Ord. No. 95-06. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and public property — See Ch. 175.
Vehicles and traffic — See Ch. 224.
As used in this chapter, the following terms shall have the meanings indicated:
ABANDONED VEHICLE
Any vehicle which is left at any place for such time and under such circumstances, including the lack of display of current state license registration, as to cause such vehicle reasonably to appear to have been abandoned and shall include any abandoned vehicle as described in applicable Illinois statutes.
A. 
Any motor vehicle from which, for a period of at least seven days, the engine, wheels or other parts have been removed, or on which the engine, wheels or other parts have been altered, damaged, or otherwise so treated that the vehicle is incapable of being driven under its own motor power.
B. 
"Inoperable motor vehicle" shall not include a motor vehicle which has been rendered temporarily incapable of being driven under its own power in order to perform ordinary service or repair operations, nor to any motor vehicle that is kept within a building when not in use, nor to operable historic vehicles over 25 years of age, nor to a motor vehicle on the premises of a place of business engaged in wrecking or junking of motor vehicles.
MOTOR VEHICLE
Every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except for vehicles moved solely by human power and motorized wheelchairs.
PERSON
Any natural person, firm, partnership, association or corporation.
PROPERTY
Any real property within the Village limits which is not a street or highway.
STREET OR HIGHWAY
The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
VEHICLE
Any device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power, devices used exclusively upon stationary rails or tracks and snowmobiles, and shall include, without limitation, an automobile, truck, trailer, motorcycle, tractor, buggy and wagon.
No person shall abandon any vehicle within the Village and no person shall leave any vehicle at any place within the Village for such time and under such circumstances as to cause such vehicle reasonably to appear to have been abandoned.
No person shall leave any partially dismantled, nonoperating, wrecked, or junked vehicle, or any inoperable motor vehicle on any street or highway in the Village.
Inoperable motor vehicles and abandoned motor vehicles, as defined herein, whether on public or private property, are hereby declared to be a nuisance and to constitute violations of this chapter.
A. 
All persons are required to dispose of any inoperable motor vehicles under their control upon written notice from the Sidney municipal authorities or from the Champaign County Sheriff's Department, or from either of their designees, commanding such disposition of said inoperable motor vehicle.
B. 
The written notice shall be directed to the owner of the vehicle, if known, and to the owner of the property upon which, or adjacent to which, said vehicle is located. If the owner is not known, such notice shall be directed to the owner of the property upon which, or adjacent to which, the vehicle is located.
C. 
If the vehicle is located on a street or alley, or other Village property, the municipal authorities shall cause a ticket or notice of ordinance violation to be placed upon said vehicle which shall note the time of placement and advise the owner of the ordinance violation and the fact that said vehicle may be towed and impounded.
D. 
It shall not be necessary to determine, or seek to determine, the identity of the vehicle owner from the Illinois Secretary of State or Illinois State Police before towing a vehicle under this chapter.
E. 
The written notice to remove an inoperable motor vehicle shall include the make, model, color, body style, vehicle identification number, if known, and the license plate year and number, if known; said notice shall identify the location of said vehicle; said notice shall state when removal must be accomplished to avoid the towing of the vehicle, and that the owner is liable for all towing and storage costs and the fines for violation of this chapter.
F. 
This notice shall advise that if removal is not effected within 15 days of such notice, as to vehicles on private property, and within seven days as to vehicles on a street, alley or other Village property, towing and impounding may result; and if such vehicle is not removed then the Village President, or his/her designee, may authorize the towing and impoundment of the vehicle in accordance with this chapter.
G. 
If a motor vehicle is abandoned, then no written notice is necessary before said vehicle is towed and impounded pursuant to this chapter.
When any abandoned, inoperable, lost, stolen or unclaimed motor vehicle or other vehicle comes into the temporary possession or custody of any person within the Village of Sidney, Illinois, who is not the owner of the vehicle, such person shall immediately notify the Village President, a member of the Board of Trustees of the Village, or any other person designated by them. Upon receipt of such notification, such Village authority(ies) may authorize a towing service to remove and take possession of the abandoned, inoperable, lost, stolen or unclaimed motor vehicle, or other vehicle. The towing service shall safely keep such vehicle and its contents, and maintain a record of the tow as required by state law, 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 herein or as otherwise authorized by law.
A. 
Whenever any motor vehicle, or other vehicle, is left unattended on any Village street, or alley, or other Village property for more than seven days, the Village President, or his/her designee, may authorize a towing service to remove the vehicle, take possession of it, and safely keep the vehicle until it is claimed by the owner or any other person legally entitled to possession of the vehicle, or until it is disposed of as provided herein, or as otherwise authorized by law.
B. 
If, in the opinion of Village authorities, such vehicle is creating a traffic hazard, it may be towed immediately, without awaiting the passage of seven days.
C. 
If, in the opinion of the Village authorities, such vehicle does not create a traffic hazard, but it creates a significant risk of harm to the public health, safety and welfare if not sooner moved, then such vehicle may be towed and impounded after being unattended for 10 hours.
Whenever a motor vehicle or other vehicle is authorized to be towed as provided in this chapter, the Village President or other person authorizing the towing, or the towing service, shall keep and maintain a record of the vehicle towed, listing the color, year of manufacture, manufacturer's trade name, manufacturer's series name, body style, vehicle identification number, license plate year and number and registration sticker year and number displayed on the vehicle, or as much of such information is reasonably determinable. The records shall also include the date and hour of the tow, the location towed from, the location towed to, the reason for towing and the name of the officer or other person authorizing the towing.
A. 
After a vehicle has been impounded or towed from within the Village, the Village authorities shall, if they cannot otherwise promptly identify the owner thereof, cause the vehicle registration records of the State of Illinois to be searched by the Illinois Secretary of State and the stolen motor vehicle files, and, if necessary, other available vehicle ownership information of the Illinois State Police, for the purpose of obtaining the required ownership information.
B. 
If ownership information is reported from such searches or from other searches, notification of such impoundment shall be sent by certified mail to the registered owner, lienholder, or other person legally entitled to ownership within 10 days after impoundment. If such information is not available within such ten-day period, then such notice shall be sent no later than two days after the date the identity of such owner, lienholder or other person is determined, unless the vehicle has been sooner disposed of pursuant to then current Illinois law, including 625 ILCS 5/4-208 and 5/4-209.
C. 
The record searches and notices required by this chapter shall be in accordance with then applicable state statutes, currently 625 ILCS 5/4-205 and 5/4-206.
D. 
The record searches and notices required under this chapter shall be accomplished by the towing service in possession of said automobile, or the Village itself, acting through the Village President or his/her designee.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any time a vehicle is sold at public sale or disposed of pursuant to this chapter, the owner, lienholder, or other person legally entitled to its possession may reclaim the vehicle by presenting proof of ownership or proof of right to possession of the vehicle. However, no vehicle shall be released until all towing, storage and processing charges have been paid and the fines imposed by this chapter have been paid; provided that if the violator contests the fine, the vehicle may be returned upon payment of the towing, storage and processing charges.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
When an abandoned, inoperable, lost or unclaimed vehicle seven years of age or older is impounded pursuant to this chapter, or when any such vehicle is towed at the request or with the consent of the owner or operator and is subsequently abandoned, it will be kept in custody or storage a minimum of 10 days for the purpose of determining the identity of the registered owner, lienholder, or other legally entitled persons and contacting them by United States mail, public service or in person for a determination of disposition, and an examination of the State Police stolen vehicle files for theft and wanted information. After such ten-day period, without any disposition information from the registered owner, lienholder, or other legally entitled persons, the vehicle may be disposed of in either of the following ways:
A. 
The law enforcement agency having jurisdiction will authorize the disposal of the vehicle as junk or salvage.
B. 
The towing service may sell the vehicle in the manner provided in 625 ILCS 5/4-208, provided that this Subsection B shall not apply to vehicles towed by order or authorization of a law enforcement agency.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Whenever an abandoned, inoperable, lost or unclaimed vehicle seven years of age or newer is impounded pursuant to this chapter, it will be kept in custody for a minimum of 30 days after notice required by § 229-9 has been given. Thereafter, the Village or the towing service having possession of the vehicle shall cause it to be sold at a public auction to a licensed automobile parts recycler, rebuilder or scrap processor, or the towing operator who towed the vehicle. At least 10 days' notice of such public sale shall be posted in a conspicuous place where the vehicle is stored, and statutory notice shall be mailed to the registered owner or lienholder or other legally entitled persons by certified mail at least 10 days before the sale, unless prior mailed notice has been returned undelivered by the postal authorities, pursuant to the then-applicable state law, presently 625 ILCS 5/4-208. Such notice shall state the time and place of sale and shall contain a complete description of the vehicle and what steps must be taken by the owner, lienholder, or other legally entitled person to reclaim the vehicle.
A. 
When a motor vehicle, or other vehicle, in custody of the Village authorities is reclaimed by the registration owner or other person legally entitled to possession of such vehicle, or when such vehicle is sold at public sale or otherwise disposed of as provided in this chapter, these facts shall be noted in a report of the transaction, which report shall be maintained for at least one year after disposition.
B. 
Vehicles so sold shall be retitled in accordance with the provisions of 625 ILCS 5/4-212, as now in force or hereafter amended, and the Village Clerk or towing service shall furnish requested evidence of such procedure.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The proceeds from the public sale or disposition of a motor vehicle, or other vehicle, in accordance with the provisions of this chapter, after deducting towing, storage and processing charges, and the expenses of the public sale or disposition, shall be deposited in the Village of Sidney treasury.
The provisions of 625 ILCS 5/4-213, with regard to liability of persons acting pursuant to the authority of this chapter, shall apply to all such persons when acting within the authority herein conferred.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Any person who violates this chapter or who aids and abets in that violation:
(1) 
Shall be subject to a mandatory fine of $200; and
(2) 
Shall be required by the court to make a disposition on the abandoned or unclaimed vehicle and pay all towing, storage, and processing charges and collection costs pursuant to this chapter.
B. 
When a vehicle is abandoned, it shall be presumed that the last registered owner is responsible for the abandonment and shall be liable for all towing, storage, and processing charges and collection costs, less any amounts realized in the disposal of the vehicle. The last registered owner's liability for storage fees may not exceed a maximum of 30 days' storage fees.
(1) 
The presumption established under this subsection may be rebutted by a showing that, prior to the time of the tow:
(a) 
A report of vehicle theft was filed with respect to the vehicle; or
(b) 
The vehicle was sold or transferred and the last registered owner provides the towing service with the correct identity and address of the new owner at the time of the sale or transfer.
(2) 
If the presumption established under this subsection is rebutted, the person responsible for theft of the vehicle or to whom the vehicle was sold or transferred is liable for all towing, storage, and processing charges and collection costs.
A. 
The Village may determine to offer any violator the opportunity to pay an administratively imposed fine for violation of this chapter, and if the violator elects to pay such fine, no prosecution of the violation shall be necessary.
B. 
The Village may prosecute any violator of this chapter in any court of competent jurisdiction by the Village Attorney, and the violator shall also be liable for applicable court costs and attorneys fees, as allowed by law.