CHAPTER 90

ABANDONED VEHICLES AND EQUIPMENT

 

90.01 Definitions

90.02 Prohibited acts

90.03 Removal of vehicles

90.04 Notification to police

90.05 Towing away vehicle; notice; hearing

90.06 Records to be kept

90.07 Obtaining registration information

90.08 Public sale notice

90.09 Disposal of property in authorized manner

90.10 Report of transaction for reclamation of vehicle

90.11  Proceeds of public sale

90.12 Immunity from damages

90.13 Liability for fees and expenses

 

90.98 Other abatement remedies

90.99 Penalty

 

§ 90.01  DEFINITIONS.

 

For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 

ABANDONED VEHICLE. For purposes of this Ordinance, and "Abandoned Vehicle" shall mean any vehicle which is left on any property for such time and under such circumstances as to cause such vehicles reasonably to appear to have been abandoned. For purposes of this provision, a vehicle shall be presumed to be an Abandoned Vehicle if: (i) it remains in or on a Public Place for more than twenty four (24) hours after a notice to remove has been placed on the vehicle, or (ii) it remains on Property for more than twenty four (24) hours after the Property Owner gives notice to the Chief of Police (when the owner and/or occupant of the Property is not the Registered Owner of the vehicle), or (iii) it remains on Property for more than seven (7) days after the Chief of Police has given Notice of Removal as provided in this Ordinance. (Am. Ord. 2254, passed 11-6-00; Am. Ord. 2814, passed 1-5-09)

 

ABANDONMENT. For purposes of this Ordinance, "Abandonment" shall mean the act of leaving, placing, and/or abandoning any vehicle such that it is an Abandoned Vehicle as defined herein. (Am. Ord. 2814, passed 1-5-09)

 

ANTIQUE VEHICLE. A motor vehicle shall be considered an "Antique Vehicle" under this Ordinance if the vehicle is more than twenty five (25) years of age or a bona fide replica thereof and which is driven on the highways only going to and returning from an antique auto show or an exhibition, or for servicing or demonstration, or a firefighting vehicle more than twenty (20) years old which is not used as firefighting equipment but is used only for the purpose of exhibition or demonstration. (Am. Ord. 2814, passed 1-5-09) 

 

INOPERABLE MOTOR VEHICLE. An "Inoperable Vehicle" shall mean any Vehicle on (i) any Public Place for any period of time during which the engine, wheels, windshield, rear window, doors, or other parts have been removed, or in which the engine, wheels, windshield, rear window, doors, or other parts have been altered, damaged, wrecked, dismantled, deteriorated, or otherwise so treated that the vehicle is incapable of being safely driven under its own motor power, or does not display a current, valid registration or (ii) on any Property in view of the general public for a period of seven (7) days or more, for which the engine, wheels, windshield, rear window, doors, or other parts have been removed, or in which the engine, wheels, windshield, rear window, doors, or other parts have been altered, damaged, wrecked, dismantled, deteriorated, or otherwise so treated that the vehicle is incapable of being safely driven under its own motor power, or does not display a current, valid registration; provided, that this definition shall not be construed to include any motor vehicle which has been rendered temporarily incapable of being driven under its own motor power in order to perform ordinary services or repair operations by a Person engaged in the business of performing such ordinance services or repairs and the vehicle is located on the property where the business is located, nor to any motor vehicle that is kept entirely within a building when not in use or to a motor vehicle on the premises of a duly licensed place of business engaged in the towing, repairing, wrecking or junking of motor vehicles. (Am. Ord. 2254, passed 11-6-00; Am. Ord. 2814, passed 1-5-09)

 

PERSON. For purposes of this Ordinance, "Person" shall mean any person, firm, partnership, association, corporation, company, or organization of any kind.

 

PROPERTY. For purposes of this Ordinance, "Property" shall mean any real property, including without limitation private property, within the city which is not a Public Place. 

 

PUBLIC PLACE. For purposes of this Ordinance, "Public Place" shall mean any and all Streets or Highways, boulevards, alleys, avenues, lanes, sidewalks, or other public ways; lakes, rivers, watercourses, or fountains, and any and all squares, plazas, spaces, grounds, and buildings under the control of the City.

 

REGISTERED OWNER. For purposes of this Ordinance, the "Registered Owner" of any vehicle shall be the Person indicated as the owner of the vehicle on the registration records of the Illinois Secretary of State's office, or other equivalent office of another state, province or country. (Am. Ord. 2814, passed 1-5-09) 

 

STREET or HIGHWAY. For purposes of this Ordinance, the term "Street" or "Highway" shall mean the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of public for purposes of vehicular travel.

 

UNCLAIMED VEHICLE. For purposes of this Ordinance, the term "Unclaimed Vehicle" shall mean any vehicles for which the Chief of Police is unable to determine who is the Registered Owner of the Vehicle after reasonable efforts of investigation.

 

VEHICLE. For purposes of this Chapter, the term "vehicle" shall mean all motor vehicles and trailers, including, but not limited to, automobiles, trucks, travel trailers, campers, motor homes, tent trailers, boats, boat trailers, snowmobiles, snowmobile trailers, and camping trailers. 

(Am. Ord. 2254, passed 11-6-00; Am. Ord. 2814, passed 1-5-09)

 

§ 90.02  PROHIBITED ACTS.

 

(a)      Vehicles in Public Places.

The Abandonment of a Vehicle or any part thereof and/or the Abandonment of an Inoperable Vehicle on any Public Place in the City is unlawful and subject to penalties as set forth in this Chapter.

 

(b)      Vehicles on Private Property.

The abandonment of a Vehicle or any part thereof, or the existence of an Inoperable Vehicle or any part thereof on private Property in view of the general public, anywhere in the City is unlawful and subject to penalties as set forth in this Chapter.

  (Am. Ord. 2254, passed 11-6-00; Am. Ord. 2814, passed 1-5-09) Penalty, see § 90.99

 

§ 90.03  REMOVAL OF VEHICLES.

  1. Vehicles in Public Places.

  1. Highways and Adjacent Areas. An Abandoned Vehicle or any part thereof, or an Inoperable Vehicle, or any part thereof, abandoned or left unattended on or in a highway for 24 hours or more may be authorized for removal by or upon the order of the Chief of the Police Department or City Administrator or his or her designee. When an abandoned, unattended, wrecked, burned or partially dismantled Vehicle is creating a traffic hazard because of its position in relation to a highway or its physical appearance is causing the impeding of traffic, its immediate removal from the highway or Public Place adjacent to the highway by a towing service may be authorized by the Chief of the Police Department.

  2. Other Public Places. An abandoned Vehicle or any part thereof, or an Inoperable Vehicle, or any part thereof, abandoned or left unattended on or in a Public Place, other than a highway, for 24 hours or more may be designated for removal by or upon the direction of the Chief of the Police Department or City Administrator, or his or her designee. The Chief of the Police Department or City Administrator, or his or her designee, may authorize the removal of an Abandoned Vehicle or Inoperable Vehicle from a Public Place only after the procedures for notice and informal hearing, as provided in § 90.05 have been followed.

  1. Vehicles on Private Property

  1. Authorization by Property Owner. An Abandoned Vehicle, or any part thereof, or an Inoperable Vehicle, or any part thereof, on or in private Property may be removed by or upon the written order of the owner of the property in accordance with state law.

  2. Authorization by City. If, in the discretion of the Chief of Police or the City Administrator, an Abandoned Vehicle or Inoperable Vehicle on private Property presents a safety concern or issue, or is lost or stolen, the Chief of the Police Department or City Administrator, or his or her designee, may authorize the immediate removal of a Vehicle on private Property.

(Am. Ord. 2814, passed 1-5-09)

 

§ 90.04  NOTIFICATION TO POLICE.

 

When a Vehicle comes into the temporary possession or custody of a Person in the City, and the Person is not the owner of the Vehicle and does not know who the owner of the Vehicle might be, such Person shall immediately notify the Police Department of the Vehicle. Upon receipt of such notification, the Chief of Police shall authorize or conduct an investigation of the Vehicle to determine whether the Vehicle is lost or stolen, or an Unclaimed Vehicle, and if, in the Chief of Police's discretion it is warranted, the Chief of Police may authorize a towing service to remove and take possession of the abandoned, lost, stolen, or unclaimed motor vehicle or other vehicle. The towing service will safely keep the towed vehicle and its contents; maintain a record of the tow 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. (Am. Ord. 2814, passed 1-5-09) 

 

§ 90.05  TOWING AWAY VEHICLE; NOTICE; HEARING.

  1. When an Abandoned Vehicle or Inoperable Vehicle is on a Public Place in the City and it is not endangering the public safety or impeding the efficient movement of traffic, the Chief of Police or the City Administrator, or his or her designee, may authorize the towing of the vehicle only after the procedures for notice and informal hearing, as provided herein, have been followed. If the Chief of Police or City Administrator determines it is necessary to tow the vehicle, the Chief of Police shall send a written Notice of the City's intention to have the vehicle towed and of the owner's right to a hearing by certified or registered mail to the Registered Owner of the vehicle at the owner's address shown on the vehicle registration and to any lien holder whose interest appears in the registration records. If the vehicle is not currently registered and the owner's address or whereabouts cannot be determined upon making reasonable inquiry, the requirement of notice shall satisfied by posting a copy of the Notice at City Hall.

  2. The Notice shall be dated, and if the Registered Owner does not file a written request for a hearing with the Chief of Police within seven (7) days of the mailing (or posting, as the case may be) of the Notice, the Chief may authorize the vehicle to be removed by a towing service.

  3. In the event the Owner requests a hearing, then such a hearing shall be scheduled in front of the Chief or other member of the Police Department designated by him as a hearing officer. Unless otherwise agreed by the Chief and the Owner, the hearing shall be scheduled and held not less than one (1) business days after the Chief receives the written request for a hearing. If at the hearing the owner agrees to remove the vehicle within twenty four (24) hours, and in fact removes the vehicle within said time, the vehicle shall not be towed and no fine or penalty shall be assessed against the owner. If after the hearing the owner does not agree to remove the Vehicle, and after considering all of the testimony and other evidence offered, the Chief, or his designee, determines that the vehicle in question is an Abandoned Vehicle or Inoperable Vehicle, the Chief may issue an Order requiring the Owner to remove the vehicle within twenty four (24) hours and if the Vehicle is not removed within that period of time, thereafter authorize the towing of the Vehicle.

(Am. Ord. 1814, passed 1-5-09)

 

§ 90.06  RECORDS TO BE KEPT.

 

When a motor vehicle or other vehicle is authorized to be towed away, the Police Department 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, and license plate 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. 

 

§ 90.07  OBTAINING REGISTRATION INFORMATION.

  1. When the City Police Department does not know the identity of the registered owner, they will cause the state motor vehicle registration records to be searched by a directed communication to the Secretary of State for the purpose of obtaining the required ownership information.

  2. The Police Department will cause the stolen motor vehicle files of the state police to be searched by a direct 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 used by the Police Department in sending a notification by certified mail to the owner or legally entitled person advising where the vehicle is held, requesting a disposition be made, and setting forth public sale information.

  3. When the registered owner or other person legally entitled to the possession of a motor vehicle or other vehicle cannot be identified from the registration files of the state or from the registration files of a foreign state, if applicable, Police Department shall notify the State Police for the purpose of identifying the vehicle's owner or other person legally entitled to 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 of the owner.

(Am. Ord. 2814, passed 1-5-09)

 

§ 90.08  PUBLIC SALE NOTICE.

  1. Whenever an abandoned, lost, stolen, or unclaimed motor vehicle or other vehicle, seven (7) years of age or newer, remains unclaimed by the registered owner or other person legally entitled to its possession for a period of thirty (30) days after notice has been given as provided herein, the Police Department having possession of the vehicle shall cause it to be sold at public sale to the highest bidder. Notice of the time and place of the sale shall be posted in a conspicuous place for at least ten (10) days prior to the sale on the premises where the vehicle has been impounded. At least ten (10) days prior to the sale, the Police Department shall cause a notice of the time and place of the sale to be sent by certified mail to the registered owner or other person known by the Police Department or towing service to be legally entitled to the possession of the vehicle. Such notice shall contain a complete description of the vehicle to be sold and what steps must be taken by any legally entitled person to reclaim the vehicle.

  2. In those instances where the certified notification specified herein has been returned by the postal authorities to the Police Department due to the address obtained from the registration records of this state, the sending of a second certified notice will not be required.

 

§ 90.09  DISPOSAL OF PROPERTY IN AUTHORIZED MANNER.

  1. When the identity of the registered owner or other person legally entitled to the possession of an abandoned, lost or unclaimed vehicle of seven (7) years of age or newer cannot be determined by any means provided for in this chapter, the vehicle may be sold as provided herein or disposed of in the manner authorized by this chapter without notice to the registered owner or other person legally entitled to the possession of the vehicle.

  2. When an abandoned vehicle of more than seven (7) years of age is impounded as specified by this chapter, it will be kept in custody for a minimum of ten (10) days for the purpose of determining ownership, the contacting of the registered owner by mail, public service or in person for a state police stolen motor vehicle filed for theft and wanted information. At the expiration of the ten (10) day period, without the benefit of disposition information being received from the registered owner, the Chief of Police will authorize the disposal of the vehicle as junk only. However, any abandoned or inoperable vehicle which is determined by the Chief of Police to have a value of two hundred dollars ($200.00) or more and can be restored in a safe operating condition may be disposed of by direct sale to a licensed salvage dealer.

  3. A motor vehicle or other vehicle classified as an antique or historic vehicle may, however, be sold to a person desiring to restore it.

 

§ 90.10  REPORT OF TRANSACTION FOR RECLAMATION OF VEHICLE.

 

When a motor vehicle or other vehicle in the custody of the Police Department is reclaimed by the registered owner or other legally entitled person, or when the vehicle is sold at public sale or otherwise disposed of as provided by this chapter, a report of the transaction will be retained by the Police Department for a period of one (1) year from the date of the sale or disposal. 

 

§ 90.11  PROCEEDS OF PUBLIC SALE.

 

When a vehicle located within the corporate limits of the city is authorized to be towed away by the Chief of Police and disposed of as set forth in this chapter, the proceeds of the public sale or disposition after the deduction of towing, storage and processing charges shall be deposited in the City Treasury. 

 

§ 90.12  IMMUNITY FROM DAMAGES.

 

Any police officer, 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, any lien holder, or any person legally entitled to the possession of a motor vehicle or other vehicle when the vehicle was towed, processed and/or sold or disposed of as provided by this chapter.

 

§ 90.13  LIABILITY FOR FEES AND EXPENSES

 

The Owner of any Vehicle towed or removed pursuant to the terms of this Chapter shall be liable for any and all towing, removal, and/or storage fees relating to or arising out of the towing and/or removal, and subsequent storage, of the Vehicle, regardless of whether the City seeks to enforce a penalty against the Owner. (Am. Ord. 2814, passed 1-5-09)

 

§ 90.98  OTHER ABATEMENT REMEDIES.

 

The remedies and procedures enumerated and contained in this Chapter shall be in addition to and supplemental to the general nuisance abatement remedies and procedures and any other abatement remedies and procedures that may be available to the City. (Am. Ord. 2814, passed 1-5-09) 

 

§ 90.99  PENALTY.

 

In addition to the other remedies provided in this Chapter, whoever violates any provision of this chapter shall be punished by a fine not less than One Hundred dollars ($100.00) and not exceeding seven hundred and fifty dollars ($750.00), and, in addition, shall be responsible for any and all towing and storage fees relating to the vehicle. Each day any violation of this chapter shall continue shall constitute a separate offense. The Police Department may issue either a Notice of Violation for the minimum fine herein, or a Notice to Appear. This penalty shall be in addition to the costs and fees of any and all towing and storage services, and in addition to any penalty or penalties as provided for the abatement of nuisances or other remedies as may be provided in other sections or Chapters of the Municipal Code. (Am. Ord. 2814, passed 1-5-09)