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HomeMy WebLinkAboutORDINANCES-1983-036-O-833/15/83 r� U 101 is U 36-0-83 AN ORDINANCE Authority to Tow Motor Vehicles and Dispose Unclaimed Vehicles BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Title 10, Chapter 6 of the City Code of the City of Evanston, 1979, as amended, is hereby further amended to read as follows: 10-6-1: DEFINITIONS: ACCIDENT INVOLVED A vehicle which is inoperable due to an accident VEHICLES: and which is located so as to constitute an obstruction to the normal flow of traffic. HAZARDOUS VEHICLE: A vehicle on any public way which by its condi- tion or location constitutes a clear and present danger to the safety of the public or an ob- struction to the normal flow of traffic. ABANDONED VEHICLE: A vehicle parked or otherwise located on the public way and (A) In such a state of disrepair that it is '-capable of being driven; or (B) That has been unmoved for a period of seven (7) days. VEHICLE PARKED ON (A) A vehicle parked in a public parking.lot or in a PUBLIC AND/OR PRI- private parking lot without the consent of the VATE PROPERTY WITH- lot owner, proprietor or agent of the property, OUT CONSENT: which person has requested that at the expense of the vehicle owner, the vehicle be towed; or (B) A vehicle located on private property when the property owner, proprietor or agent is unknown, and the vehicle owner cannot be determined or contacted. DERELICT MOTOR VEHICLE: A vehicle which lacks wheels, motor, trans- mission, battery or any other component part such that it is inoperable and constitutes a hazard to the public. SNOW EMERGENCY A vehicle located on a public way in such a OBSTRUCTION VEHICLE: manner as to be in violation of Tile 10, Chapter 4, Section 13. — -- STREET CLEANING A vehicle located �;ii a public way at a time or OBSTRUCTION VEHICLE: in such a wonflier as to be in violation of Title 10, Cha-p ter 4, Section l(C)2. TREE CUTTING A vehicle located on a public way at a time or OBSTRUCTION VEHICLE: in such a manner as to be in violation of Title 10, Chapter 4, Section l(C)2. STREET OR SEWER A vehicle located on a public way at a time or MAINTENANCE OB- in such a manner as to be in violation of STRUCTION VEHICLE: Title 10, Chapter 4, Section l(C)2. • 36-0-83 TOW -AWAY ZONE OB- A vehicle located on a public way at a time or STRUCTION VEHICLE: in such a manner as to. be in violation of Title 10, Chapter 4, Section l(C)2. OWNER: The registered or legal owner or person who is otherwise entitled to possession of the motor vehicle. 10-6-2: AUTHORITY TO REMOVE VEHICLES (TOW): 10, (A) The Chief of Police, or his designee, is hereby authorized to im- mediately and without prior notice tow away, or cause to be towed away, any vehicle on any public street, public place, or private property in the following circumstances: 1. When the motor vehicle is an accident -involved motor vehicle; 2. When the motor vehicle is a hazardous vehicle; 3. When the motor vehicle is a derelict motor vehicle; 4. When the motor vehicle is a snow emergency obstruction; 5. When the motor vehicle is a street cleaning obstruction; 6. When the motore vehicle is a tree cutting obstruction; 7. When the motor vehicle is a street or sewer maintenance obstruction vehicle; 8. When the motor vehicle is a tow -away zone obstruction vehicle; is the When the motor vehicle is not operable due to the arrest of the owner or operator. (B) The Chief of Police shall promulgate rules and regulations in the form of a special order for the implementation of this chapter. 10-6-3: IMPOUNDMENT (STORAGE): All motor vehicles towed pursuant to Section 10-6-2 shall be impounded in locations determined by the Chief of Police or his designee. 10-6-4: NOTICE: (A) Whenever a vehicle is towed, the Police Department shall provide i to the owner of the vehicle the notice described in this section no later than twenty-four (24) hours after the time of the tow, except j that when a motor vehicle is towed after 1500 hours (3:00 P.M.) on a Friday, Saturday, Sunday or holiday or the day before a holiday, the notice described herein shall be provided no later than the j second working day after the tow. The notice shall include: 1. Description of the motor vehicle including year, make, model, registration and vehicle identification number (VIN); 2. -The present location of the motor vehicle; 3. The basis for the removal of the vehicle; • 4. The right of the owner to a nearing as set forth in Section 10-6-5; 5. The consequences of the failure to request -a hearing; -2- • 36-0-83 6. The consequences of a failure to reclaim a motor vehicle; 7. A deadline date seven (7) days from the date of notice, by which the owner must respond. (8) The notice required in subsection A shall at the discretion of the Police Department be given by certified mail, return receipt re- quested, or by personal delivery. The date of personal delivery or the date of mailing of the certified letter shall be the date of providing notice. (C) A notice containing the requirements set forth for the notice described in subsections 4,-5, 6, and 7 of Section A of this para- graph, shall be posted at the Evanston Police Station, and at all tow impound areas. (D) 1. 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 pos- session of a motor vehicle must pay the total cost of the tow 1 and any storage incurred. 2. 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 tow hearing, the motor vehicle she" be • considered abandoned and shall be disposed pursuant to state statute. 10-6-5: HEARING: (A) The owner of a vehicle towed by or pursuant to the authority of.the Evanston Police Department as set forth in Section 10-6-2 shall be provided the opportunity for a post -tow hearing to determine the validity of such tow and any tow or storage charges. This i hearing will not be determinative of, or adjudicate, any citation issued relative to any towed vehicle. (6) The Police Department Office of Internal Investigations shall con- duct said post -tow hearing. The Hearing Officer shall have the authority to require the presence of the enforcement officer issuing the citation or any other City personnel or witnesses at such hearing: (C) Hearings shall take place as follows: 1. In those instances where the vehicle has been released upon the deposit of a cash bond in an amount equal to the tow and storage charge,.the hearing shall take place within seven (7) days after the posting of cash bond. 2. -In those instances where the vehicle remains impounded, the hearing shall take place, at the option of the owner: . a. Within twenty-four (24) hours after a request for hearing, excluding Saturdays, Sundays and holidays; or b. Within seven (7) days after a request on a date convenient to all parties or within fourteen (14) days for good cause shown by the owner of the motor vehicle. -3- 36-0-83 i c. Where a request for a hearing under Section 10-6-5 (C)(2)(a)j is made after 1500 hours (3:00 P.M.), then -such a hearing may be i held on the second working day following the request (Saturdays, Sundays and holidays excluded). 1 (D) The hearing officer shall review all evidence presented and make a j • finding as to whether there was lawful authority for the tow and I storage of the vehicle. The City must establish said authority by the preponderance of the evidence pursuant to Section 10-6-2(A). The City shall establish a prima facie case upon a showing of the 9 documents related to the tow, i.e., the police citation or the police report and/or the tow report. The Chief of Police, through special order, shall establish procedures to authenticate and present; the above documents at a tow hearing. (E) The hearing officer shall advise the owner of his findings at the conclusion of the hearing: i 1. If the tow and storage is determined to be lawful under authority pursuant to Section 10-6-2(A), the owner shall be so informed and further advised to the amount owed, if any, for tow and storage. 2. If the tow and storage is determined to be not pursuant to Section 10-6-2(A), the hearing officer shall so inform the owner ' and: a. If the vehicle is impounded at the time of hearing shall order the vehicle be immediately released; b. If the vehicle has been released, advise the owner that a refund of the cash bond will be made within forty-eight (48) hours. • 3. If the owner has requested a continuance, the hearing officer may; grant upon a showing of good cause such a continuance for no greater than fourteen (14) days. i 10-6-6: RELEASE OF MOTOR VEHICLES: (A) Before the owner shall be permitted to take possession and remove a vehicle, the owner shall: 1. Furnish evidence of his identity and ownership of the vehicle or his right to possession; 2.. Sign a receipt for the vehicle; and 3. Elect or waive the hearing procedure under Section 10-6-5. The Police Chief is authorized to promulgate regulations as to the documents or other proof necessary to establish these facts. (B) In those instances in which the owner waives the hearing set forth in Section 10-6-5, he shall pay the cost of the tow of the vehicle and, in .addition thereto, the cost of storage of the vehicle and thereupon shall take immediate possession of said vehicle. (C) In those instances in which the owner requests a hearing, he shall either: • 1. Submit a request for hearing and obtain the immediate release of his vehicle by posting a cash bond in an amount in U.S. currency equal to the cost of the tow and storage. A hearing shall take IM15 e • • 36-0-83 place within seven (7) days of such posting unless the owner requests a continuance date; or i 2. Submit a request for hearing and allow the motor vehicle to re- main impounded (not obtain an immediate release) and request either: a. A hearing under Section 10-6-5 to be held within twenty- four (24) hours of its request excluding Saturdays, Sundays and holidays; or b. A hearing within seven (7) days of said request on a date convenient to the owner and the City; c. When a request for a hearing under Section 10-6-6(C)2(a) is made after 1500 hours (3:00 P.M.), such a hearing may be held on the second working day following the request. (D) A scheduled hearing may be continued once for good cause at the request of the owner. A continued hearing will be rescheduled to a date within fourteen (14) days convenient to the parties. 10-6-7: RECORD SEARCHES: When the Chief of Police authorizes the im- pounding of a motor vehicle under this Chapter and does not know and is not able to ascertain the identification of the registered owner or other legally entitled person or for any reason is unable to give a notice to the owner as provided in Section 10-6-4 of this Chapter, the Chief of Police or his designee shall cause the motor vehicle registra- tion records of the State of Illinois to be searched by a direct communi- cation to the Secretary of State for the purpose of obtaining the required ownership registration. The Chief of Police or his designee shall also cause the stolen motor vehicle file of the Illinois State Police to be searched by a direct communication to the Illinois State Police f.... stolen or wanted information on the vehicle. Further, the Chief of Police or his designee shall send or cause to be sent, a wirtten report of such removal and impoundment to the Secretary of State. Such notice shall include a description of the vehicle, the date, time and place of removal and the address of the place where such vehicle has been impounded. 10-6-8: DISPOSAL OF UNCLAIMED VEHICLES: When -an abandoned or unclaimed vehicle seven (7) years of age or newer remains unclaimed by the registered owner or other person legally entitled to its possession for thirty (30) days after.notice has been given, as provided in Section 10-6-4 of this Chapter, the Chief of Police or his designee shall cause it to be sold at public sale to the highest bidder. Notice of time and place of 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 Chief of Police or his designee shall cause a notice of the time and place of sale to be sent by certified mail to the registered owner or other person known to be legally entitled to possession of the vehicle. Such notice shall contain a complete description of the vehicle to be sold and the steps to be taken to reclaim the vehicle. 'Where certified notification required by Section 10-6-4 of this Chapter has been returned by postal authorities to the Police Department or towing service due to the addressee having moved, or being unclaimed at the address obtained from the registration records, the sending of a second certified notice shall not be required. All costs not recovered in a sale authorized by this Chapter shall be paid by the owner of such vehicle. No member of the Police Department 1611 • M • 36-0-83 or any other employee of the City, directly or indirectly, shall purchase or participate i,n the bidding for the purchase of any vehicle so offered for sale. 10-6-9: DISPOSAL OF UNCLAIMED VEHICLES WITHOUT NOTICE: When the identi- fication of the registered owner or other person legally entitle( to the possession of abandoned or unclaimed vehicles seven (7) years of age or newer, cannot be determined, the vehicle may be sold without notice to the registered owner or other person legally entitled to pos- session of the vehicle. When an unclaimed abandoned vehicle of more than seven (7) years of age is impounded, as authorized by this Chapter, it shall be kept in custody for a minimum of ten (10) days for the purpose of determining ownership, contacting the registered owner by United States mail, public service or in person, and an examination of the Illinois State Police stolen motor vehicle files for theft and wanted information. At the expiration of the ten (10) day period, without benefit of disposition information being received from the registered owner, the Chief of Police or his designee may authorize disposal of vehicle as junk only. 10-6-10: DISPOSITION OF PROCEEDS OF SALE: The proceeds of the sale authorized by this Chapter, after deducting the costs of removal and storage and the expense of advertising and conducting the sale shall be paid to the Finance Department. 10-6-11: POLICE REPORTS AFTER VEHICLE'RECLAIMED: When a motor 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 in this Chapter, a report of the transaction shall be maintained by the P-'ice Department for a period of one year from the date of sale or disposal. 10-6-12: AUTHORITY OF POLICE TO RELOCATE VEHICLES: In the event any emergency arises necessitating the removal of any vehicle upon any public way, members of the Police Department are hereby author- ized to remove or relocate any such vehicle from one location to any other location. 10-6-13: RESPONSIBILITY FOR COSTS NOT RECOVERED: Any costs incurred by the City for removal, impoundment or destruction of vehicles under this Chapter not otherwise recovered shall be paid by the registered owner or person legally -entitled to possession. SECTION 2: All ordinances or parts of ordinances in conflict here- with are hereby repealed. SECTION 3: This ordinance shall be in full force and effect from and after its passage, approval, and publication in am the manner provided by law. Introduced: a / Adopted: i��2ve y i ATTEST: City Clerk A pro;Corpor�alon d asform: Counsel • • 1983. ' i i 1983. i i Approved: ,$"� 1983. L i Mayo r -7-