HomeMy WebLinkAboutORDINANCES-1991-094-O-919-11-91
9-24-91
10-02-91
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94-0-91
AN ORDINANCE
Amending Sections 10-6-14 to 10-6-22
of the Evanston City Code Pertaining to
Immobilization of Motor Vehicles
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That Sections 10-6-14 through 10-6-22 of the
City Code of the City of Evanston, 1979, as
amended, be and they hereby are further amended to read as
follows:
10-6-14: AUTHORITY TO IMMOBILIZE MOTOR VEHICLES: The Chief
of Police or his designee is hereby authorized to immobilize
in such a manner as to prevent its operation, a motor
vehicle parked upon a public way or public place or a
vehicle parked upon private property without consent, if
there are ten (10) or more outstanding or otherwise
• unsettled parking violation notices, or warrants issued for
such violations, pending against the owner of such motor
vehicle. Motor vehicles on private property shall be booted
only with the prior consent of the owner, agent or
proprietor in charge of the property, obtained in writing in
such form and manner as may be prescribed by the Police
Department.
10-6-15: NOTICE PRIOR TO IMMOBILIZATION: Upon accumulation
of ten (10) or more outstanding or otherwise unsettled
parking violation notices, a 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. Such
notice shall indicate that the owner's vehicle is subject to
being immobilized unless the owner of said vehicle, within
30 days of the date of the notice:
(A) Deposits the collateral described in Section 10-6-18(A)
and requests an appearance in the circuit court to
answer for each violation; or
(B) Pays the amount of the fine and/or penalty for each
violation for which there is an outstanding or
otherwise unsettled parking violation.
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10-6-16: POST -IMMOBILIZATION NOTICE: Upon immobilization of
such motor vehicle, the officer shall immediately cause to
be placed on such vehicle, in a conspicuous manner, notice
sufficient to warn any individual that such vehicle has
been immobilized and that any attempt to move such vehicle
might result in damage to such vehicle.
10-6-17: CONSEQUENCES OF FAILURE TO REQUEST A HEARING:
(A) Consequences of Failure to Request a Hearing: If the
registered or legal owner or person who is otherwise
entitled to possession of a motor vehicle does not
request a hearing within seven (7) days of the mailing
of notice, the right to such hearing shall be forfeited.
The registered or legal owner or person who is otherwise
entitled to possession of a motor vehicle must pay the
total cost of the immobilization and any storage
incurred.
(B) Consequences of Failure to Reclaim a Motor Vehicle: If
the registered or legal owner or person who is otherwise
entitled to possession of a motor vehicle does not claim
and take possession of said motor vehicle within fifteen
(15) days after the date of the immobilization hearing,
the motor vehicle shall be considered abandoned and
shall be disposed of pursuant to State statute.
• 10-6-18: RELEASE OF VEHICLE: The owner of such immobilized
vehicle, or other authorized person, shall be permitted to
secure release of the vehicle upon:
(A) Depositing, as collateral for his appearance in the
circuit court to answer for each violation, fifty
percent (50%) of the total fines and penalties for all
violations for which there are outstanding or otherwise
unsettled parking violation notices or warrants; or
(B) Depositing the amount of the fine or penalty for each
violation for which there is an outstanding or otherwise
unsettled parking violation notice or warrant; and
(C) The payment of the fees as required by Section 10-6-20
of this Chapter.
10-6-19: IMMOBILIZATION: The immobilizing device shall
remain in place for twenty-four (24) hours (seventy-two
hours (72) if booted on a Friday) unless the owner has
complied with Section 10-6-18 of this Chapter. If such
compliance has not occurred within twenty-four (24) or
seventy-two (72) hours, as provided in this section, the
vehicle shall be towed or impounded in accordance with
Sections 10-6-2 and 10-6-3. Towing and storage fees shall
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be paid, along with fees specified in Section 10-6-20 of
this Chapter before the owner of such vehicle or authorized
person shall be permitted to repossess or secure the release
of the vehicle.
10-6-20: FEES: The owner of an immobilized vehicle shall be
subject to a fee of one hundred twenty-five dollars
($125.00) for such immobilization.
10-6-21: POST -IMMOBILIZATION HEARING:
(A) The owner of a vehicle immobilized by or pursuant to
the authority of the Police Department, as set forth in
Section 10-6-14 shall be provided the opportunity for a
post -immobilization hearing to determine the validity of
such immobilization and any immobilization fees, towing
fees or storage fees. The hearing will not be
determinative of or adjudicate any citation issued
relative to any immobilized vehicle.
(B) The Police Department will conduct said post -
immobilization hearings in accordance with Section 10-6-
5.
SECTION 2: That ordinances or parts of ordinances in
conflict herewith are hereby repealed.
SECTION 3: That this ordinance shall be in full force
and effect from and after its passage,
approval and publication in the manner provided by law.
Introduced: , 1991
Adopted: 36 , 1991
Approved:
c�
Mayor
ATTEST: ,
City Clerk
trte4das to 1 orm:
.4
Corporatio Counsel
3
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1991