[Amended 5-15-2012 by Ord. No. 12-1425]
A.
The abandonment of a vehicle or any part thereof on any highway in this Village is unlawful and subject to penalties as set forth under § 322-50 of this article.
B.
The abandonment of a vehicle or any part thereof on private or public property, other than a highway, in view of the general public, anywhere in this Village is unlawful except on property of the owner or bailee of such abandoned vehicle. A vehicle or any part thereof so abandoned on private property shall be authorized for removal, by the Village, after a waiting period of seven days or more, or may be removed immediately if determined to be a hazardous dilapidated motor vehicle under 65 ILCS 5/11-40-3.1. A violation of Subsection A or B of this section is subject to penalties as set forth under § 322-50 of this article.
C.
A towing service may begin to process an unclaimed vehicle as abandoned
by requesting a record search by the Secretary of State up to 10 days
after the date of the tow, or any later date acceptable to the Secretary
of State. This subsection shall not apply to vehicles towed by order
or authorization of the Village or a law enforcement agency.
(625 ILCS 5/4-201)
When an abandoned, lost, stolen or unclaimed vehicle comes into
the temporary possession or custody of a person in this Village who
is not the owner of the vehicle, such person shall immediately notify
the municipal police when the vehicle is within the corporate limits
of any Village having a duly authorized police department, or the
State Police or the county sheriff when the vehicle is outside the
corporate limits of the Village. Upon receipt of such notification,
the municipal police will authorize a towing service to remove and
take possession of the abandoned, lost, stolen or unclaimed vehicle.
The towing service will safely keep the towed vehicle and its contents,
maintain a record of the tow as set forth in 625 ILCS 5/4-204 for
law enforcement agencies, 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 in this chapter. (625 ILCS 5/4-202)
A.
When a vehicle is abandoned on a highway in an urban district 10
hours or more, its removal by a towing service may be authorized by
a law enforcement agency having jurisdiction.
B.
When a vehicle is abandoned or left unattended on a highway other
than a toll highway, interstate highway, or expressway, outside of
an urban district for 24 hours or more, its removal by a towing service
may be authorized by a law enforcement agency having jurisdiction.
C.
When an abandoned, unattended, wrecked, burned or partially dismantled
vehicle is creating a traffic hazard because of its position in relation
to the highway or its physical appearance is causing the impeding
of traffic, its immediate removal from the highway or private property
adjacent to the highway by a towing service may be authorized by a
law enforcement agency having jurisdiction.
A.
The authorization, any hold order, and any release shall be in writing,
or confirmed in writing, with a copy given to the towing service.
B.
The police headquarters or office of the law enforcement officer
authorizing the towing 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. The record shall also include
the date and hour of tow, location towed from, location towed to,
reason for towing and the name of the officer authorizing the tow.
C.
The owner, operator, or other legally entitled person shall be responsible
to the towing service for payment of applicable removal, towing, storage,
and processing charges and collection costs associated with a vehicle
towed or held under order or authorization of the law enforcement
agency. If a vehicle towed or held under order or authorization of
a law enforcement agency is seized by the ordering or authorizing
agency or any other law enforcement or governmental agency and sold,
any unpaid removal, towing, storage, and processing charges and collection
costs shall be paid to the towing service from the proceeds of the
sale. If applicable law provides that the proceeds are to be paid
into the treasury of the appropriate civil jurisdiction, then any
unpaid removal, towing, storage, and processing charges and collection
costs shall be paid to the towing service from the treasury of the
civil jurisdiction. That payment shall not, however, exceed the amount
of proceeds from the sale, with the balance to be paid by the owner,
operator, or other legally entitled person.
D.
Upon delivery of a written release order to the towing service, a
vehicle subject to a hold order shall be released to the owner, operator,
or other legally entitled person upon proof of ownership or other
entitlement and upon payment of applicable removal, towing, storage,
and processing charges and collection costs.
(625 ILCS 5/4-204)
A.
When a law enforcement agency authorizing the impounding of a vehicle
does not know the identity of the registered owner, lienholder or
other legally entitled person, that law enforcement agency will cause
the vehicle registration records of the State of Illinois to be searched
by the Secretary of State for the purpose of obtaining the required
ownership information.
B.
The law enforcement agency authorizing the impounding of a vehicle
will cause the stolen motor vehicle files of the State Police to be
searched by a directed communication to the State Police for stolen
or wanted information on the vehicle. When the State Police files
are searched with negative results, the information contained in the
National Crime Information Center (NCIC) files will be searched by
the State Police. The information determined from these record searches
will be returned to the requesting law enforcement agency for that
agency's use in sending a notification by certified mail to the registered
owner, lienholder and other legally entitled persons, advising where
the vehicle is held, requesting a disposition be made and setting
forth public sale information. Notification shall be sent no later
than 10 business days after the date the law enforcement agency impounds
or authorizes the impounding of a vehicle, provided that if the law
enforcement agency is unable to determine the identity of the registered
owner, lienholder or other person legally entitled to ownership of
the impounded vehicle within a ten-business-day period after impoundment,
then notification shall be sent no later than two days after the date
the identity of the registered owner, lienholder or other person legally
entitled to ownership of the impounded vehicle is determined. Exceptions
to a notification by certified mail to the registered owner, lienholder
and other legally entitled persons are set forth in 625 ILCS 5/4-209.
C.
When ownership information is needed for a towing service to give
notification as required under this article, the towing service may
cause the vehicle registration records of the State of Illinois to
be searched by the Secretary of State, and in such case, the towing
service also shall give notice to all lienholders of record within
the time period required for such other notices.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
The written request of a towing service, in the form and containing
the information prescribed by the Secretary of State by rule, may
be transmitted to the Secretary of State in person, by U.S. Mail or
other delivery service, by facsimile transmission, or by other means
the Secretary of State deems acceptable.
(2)
The Secretary of State shall provide the required information, or
a statement that the information was not found in the vehicle registration
records of the state, by U.S. Mail or other delivery service, facsimile
transmission, as requested by the towing service, or by other means
acceptable to the Secretary of State.
D.
The Secretary of State may prescribe standards and procedures for
submission of requests for record searches and replies via computer
link.
E.
Fees for services provided under this section shall be in amounts
prescribed by the Secretary of State under Section 3-821.1 of the
Illinois Vehicle Code (625 ILCS 5/3-821.1). Payment may be made by
the towing service using cash, any commonly accepted credit card,
or any other means of payment deemed acceptable by the Secretary of
State.
(625 ILCS 5/4-205)
When the registered owner, lienholder or other person legally entitled to the possession of a vehicle cannot be identified from the registration files of this state or from the registration files of a foreign state, if applicable, the law enforcement agency having custody of the vehicle shall notify the State Police, for the purpose of identifying the vehicle owner or other person legally entitled to the possession of the vehicle. The information obtained by the State Police will be immediately forwarded to the law enforcement agency having custody of the vehicle for notification purposes as set forth in § 322-40 of this chapter. (625 ILCS 5/4-206)
[Amended 9-23-2003 by Ord. No. 03-1337]
A.
Any time before a vehicle is sold at public sale or disposed of as provided in § 322-43, the owner, lienholder or other person legally entitled to its possession may reclaim the vehicle by presenting to the law enforcement agency having custody of the vehicle proof of ownership or proof of the right to possession of the vehicle.
B.
No vehicle shall be released to the owner, lienholder, or other person
under this section until all towing, storage, and processing charges
have been paid.
(625 ILCS 5/4-207)
A.
When an abandoned, lost, stolen or unclaimed vehicle seven years of age or newer remains unclaimed by the registered owner, lienholder or other legally entitled person for a period of 30 days after notice has been given as provided in § 322-40 and § 322-41 of this article, the law enforcement agency or towing service having possession of the vehicle shall cause it to be sold at public auction to a person licensed as an automotive parts recycler, rebuilder or scrap processor under Article 5 of Chapter 625 of the Illinois Compiled Statutes or the towing operator which towed the vehicle. Notice of the time and place of the sale shall be posted in a conspicuous place for at least 10 days prior to the sale on the premises where the vehicle has been impounded. At least 10 days prior to the sale, the law enforcement agency where the vehicle is impounded, or the towing service where the vehicle is impounded, shall cause a notice of the time and place of the sale to be sent by certified mail to the registered owner, lienholder, or other legally entitled persons. Notice as provided in § 322-40 and § 322-41 of this article as provided in this section shall state the time and place of sale and shall contain a complete description of the vehicle to be sold and what steps must be taken by any legally entitled persons to reclaim the vehicle.
A.
New car. When the identity of the registered owner, lienholder, or other person legally entitled persons of an abandoned, lost, or unclaimed vehicle of seven years of age or newer cannot be determined by any means provided for in this article, the vehicle may be sold as provided for in § 322-43 without notice to any person whose identity cannot be determined.
B.
Old car. When an abandoned vehicle of more than seven years of age
is impounded as specified by this article, 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
for a minimum of 10 days for the purpose of determining the identity
of the registered owner, lienholder, or other legally entitled persons
and contacting the registered owner, lienholder, or other legally
entitled persons by U.S. 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. At the expiration of the ten-day
period, without the benefit of disposition information being received
from the registered owner, lienholder, or other legally entitled persons,
the vehicle may be disposed of in either of the following ways:
(1)
The law enforcement agency having jurisdiction will authorize the
disposal of the vehicle as junk or salvage.
C.
Antique vehicle. A vehicle classified as an antique vehicle, expanded-use
antique vehicle, custom vehicle, or street rod may, however, be sold
to a person desiring to restore it.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
|
(625 ILCS 5/4-209)
|
Any hazardous dilapidated motor vehicle impounded pursuant to
the provisions of this article and 65 ILCS 5/11-40-3.1, whether impounded
at a public facility or on the property of a private towing service,
shall be kept in custody for a period of 10 days for the purpose of
determining the identity of the registered owner or lienholder and
contacting such owner or lienholder, if known, by regular U.S. Mail.
At the expiration of the ten-day period, without benefit of disposition
information being received from the registered owner or lienholder,
the law enforcement agency having jurisdiction will authorize the
disposal of the vehicle as junk. (65 ILCS 5/4-209.1)
In an action to collect towing, storage, and processing charges
that remain unpaid after disposition of a vehicle towed or relocated
under this article, the towing service may recover reasonable collection
costs.
When a vehicle in the custody of the Village or law enforcement
agency is reclaimed by the registered owner, lienholder or other legally
entitled person, or when the vehicle is sold at public sale or otherwise
disposed of as provided in this article, a report of the transaction
will be maintained by that law enforcement agency for a period of
one year from the date of the sale or disposal. (625 ILCS 5/4-210)
A.
When a vehicle located within the corporate limits is authorized
to be towed away by a law enforcement agency having jurisdiction and
disposed of as set forth in this article, the proceeds of the public
sale or disposition, after the deduction of towing, storage and processing
charges, shall be deposited in the treasury of the Village.
B.
The provisions of this section shall not apply to vehicles disposed
of or sold at public sale under Subsection (k) of 625 ILCS 5/4-107
of the Illinois Vehicle Code.
(625 ILCS 5/4-211)
A.
A law enforcement officer or agency, a department of municipal government
designated under 625 ILCS 5/4-212.1 or its officers or employees,
or a towing service owner, operator, or employee shall not be held
to answer or be liable for damages in any action brought by the registered
owner, former registered owner, or his legal representative, lienholder
or any other person legally entitled to the possession of a vehicle
when the vehicle was processed and sold or disposed of as provided
by this article.
B.
A towing service, and any of its officers or employees, that removes
or tows a vehicle as a result of being directed to do so by a law
enforcement officer or agency or a department of municipal government
or its officers or employees shall not be held to answer or be liable
for loss of or damages to any real or personal property that occurs
in the course of the removal or towing of a vehicle or its contents:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
On
a limited-access highway in a designated Incident Management Program
that uses fast lane clearance techniques as defined by the Department
of Transportation; or
(2)
At
the direction of a peace officer, a highway authority official, or
a representative of the Village, under 625 ILCS 5/11-402 or 5/11-404.
|
(625 ILCS 5/4-213)
|
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.
C.
The presumption established under this section may be rebutted by
a showing that, prior to the time of the tow:
D.
If the presumption established under this section 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.
(625 ILCS 5/4-214)
