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HomeMy WebLinkAboutORDINANCES-1987-001-O-8712/16/86 1/21/87 • • • 1-0-87 AN ORDINANCE Amending Section 10-6-2 of the Evanston City Code Pertaining to Illegally Parked or Abandoned Vehicles WHEREAS, Title 10, Chapter 6, Section 2 of the Evanston City Code gives the Chief of Police or his designee the authority to tow vehicles in specific circumstances; and WHEREAS, the City Council of the City of Evanston finds that special enforcement measures should be taken against those vehicles which have numerous outstanding or unsettled +' parking violation notices, or warrants issued for such violations, pending against the registered owner of such motor vehicles; and j WHEREAS, the City Council of the City of Evanston !j desires to institute a wheel -locking device (boot) program in addition to its existing towing program; i NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Section 10-6-1 of the City Code of the City of Evanston, 1979, as amended is hereby further amended by adding in proper alphabetical sequence the following definition: POLICE IM- A vehicle located on a public way MOBILIZED at a time or in such a manner as to VEHICLE require police intervention under (WHEEL -LOCK) Title 10, Chapter 6, Section 13. SECTION 2: That Section 10-6-2(A) of the City Code of the City of Evanston, as amended, is hereby further amended by adding in proper numerical sequence the following: 12. When the motor vehicle is a wheel -lock immobilized vehicle pursuant to police order. SECTION 3: That Title 10, Chapter 6 of the City Code of the City of Evanston, is hereby amended by the addition of the following sections: 1-0-87 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, illegally parked upon a public way, if there are 10 or more outstanding or otherwise unsettled parking violation notices, or warrants issued for such violations, pending against the owner of.J such motor vehicle: •10-6-15: NOTICE PRIOR TO IMMOBILIZATION: At least forty-eight (48) hours prior to immobilization, the police officer shall immediately place on such !; vehicle, in a conspicuous manner, notice sufficient to �i warn the owner of the vehicle that such vehicle is subject I' i to being immobilized unless the owner of said vehicle: !i I (A) Deposits the collateral required for or requests an appearance in the circuit court to answer for each violation; or i (B) Pays the amount of the fine and/or penalty for each I violation for which there is an outstanding or otherwise unsettled parking violation; and 1i (C) Notifies the Evanston Police Department that he/she has complied with a or b above and furnishes receipts as proof of such compliance. j 10-6-16: SERVICE AND POSTING OF NOTICE: In addition to the notice required in Section 10-6-15, the I' notice shall be delivered in accordance with Section 10-6-4(B) and posted in accordance with Section 10-6-4(C). 10-6-17: POST -IMMOBILIZATION NOTICE: Upon im- mobilization 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. The Police Department shall provide to the owner of the vehicle the additional notice detailed below in this section no later than twenty-four (24) hours after the time of the immobilization. This notice shall be delivered in accordance with Section 10-6-4(B). The notice shall include: (A) Description of the motor vehicle, including year, make, model, registration and vehicle identification number; (B) The basis for immobilizing the vehicle; (C) The right of the owner to a hearing as set forth herein; (D) The consequences of the failure to request,a hearing; (E) A deadline date seven (7) days from the date of notice by which the owner must respond. 10-6-18: 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 -2- r 1-0-87- • • r 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 i vehicle within fifteen (15) days after the date of the immobilization hearing, the motor vehicle shall be considered abandoned and shall be disposed of ii pursuant to State statute. I� 10-6-19: RELEASE OF VEHICLE: The owner of such immobilized vehicle, or other authorized person, shall be permitted to secure release of the vehicle upon: 1 I (A) Depositing the collateral required for his appearance in the circuit court to answer for each violation; or (B) Depositing the amount of the fine or penalty for each ' violation for which there is an outstanding or jotherwise unsettled parking violation notice of i; warrant; and (C) The payment of the fees as required by Section 10-6-21 of this paragraph. 10-6-20: IMMOBILIZATION: The immobilizing device shall remain in place for twenty four (24) hours unless the owner has complied with Section 10-6-19 of this Chapter. If such compliance has not occurred within ! twenty-four (24) hours, the vehicle shall be towed or impounded in accordance with Section 10-6-2 and 10-6-3. Towing and storage fees shall be paid, along with fees specified in Section 6, of this paragraph before the owner of such vehicle or authorized person shall be permitted to repossess or secure the release of the vehicle. 10-6-21: FEES: The owner of an immobilized vehicle shall be subject to a fee of $125.00 for such immobilization. 10-6-22: 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(B) shall be provided the opportunity for a post -immobilization hearing to determine the validity of such immobilization and any immobilization fees. This 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 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: This ordinance shall be in full force and effect from and after its passage, -3- . 1-0-87 approval, and publication in the manner provided by law. Introduced: 1987. Adopted: 1987. Appr ed• 1987. Mayor ATTEST - City Clerk Approved as to form: 0 • Corporation Counsel -4-