Ordinance 2009-64 i
Ordinance No. 2009 - (0
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINIOS
WHEREAS, it is imperative that those persons operating vehicles do so in a safe manner with
the express permission of its owner; and,
WHEREAS, it is imperative that vehicles are not left unattended on public ways or are used in
connection with any prohibited conduct; and,
WHEREAS, it has been determined that if vehicles are abandoned or disabled, or used in
connection with any prohibited conduct, it is in the best interests of the general public that such vehicles
be removed or placed under the control of the City's Police Department - ill as hereinafter set forth.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City
of Yorkville, Kendall County, Illinois, that the City Code be amended as follows:
Section L Section 6 -2 -7 of Chapter 2 of Title 6 of the City Code be deleted in its entirety.
Section IT The following new Chapter 5 is hereby added to Title VI of the City Code:
TOWING OF VEHICLES
6 -5 -1. Definitions.
The following definitions shall apply unless the context clearly indicates or requires a different
meaning. Any term not defined herein shall have the meaning ascribed to it in ILCS, Ch. 625, Act 5.
Abandoned Vehicle.
1. A vehicle parked or otherwise located on a public way in such state of disrepair that
it is incapable of being driven, has no license plates and appears to have been
abandoned; or a vehicle that has been unmoved for a period of at least 24 hours, has
no license plates or valid registration, and the period during which it has not been
moved, and appears to have been abandoned by its owner; or;
2. Vehicles parked in a public parking lot or on private property without the consent of
the lot owner, proprietor, or agency of the property, which person has requested that
the vehicle be towed.
Hazardous Vehicle.
1. A vehicle that has been involved in an accident and is disabled or cannot be
immediately moved by the owner or operator of the vehicle; or,
2. A vehicle that presents an immediate danger to the health or welfare of the members
of the public; or,
3. A vehicle abandoned or disabled on a public street or public way, that is impeding
the orderly flow of traffic or poses a potential danger to pedestrians and other
operators of vehicles; or,
4. A vehicle that must be moved to allow for proper municipal snow removal from a
public street, way or alley.
Owner. A person who holds legal title to the vehicle.
Unlawful Vehicle.
1. A vehicle that has been reported stolen or is the subject of a search and seizure by the
Police Department; or,
2. A vehicle parked in violation of state statutes or ordinances of the City which
prohibit parking at the location in question or for the period of time for which the
vehicle has been parked, and where either the statute or the ordinance authorize the
vehicle to be towed, and the signs posted at the general location note that fact.
Vehicle. Any device in, upon, or by which any person or property is or may be transported or
drawn upon a street, highway, or any public way, except devices moved by human
power, devices used exclusively upon stationary rails or tracks, and snowmobiles.
6 -5 -2. Authorization for Towing.
A. Generally. The towing of vehicles by the municipality, or by its approved towing service
operators on behalf of the City, shall be authorized only by the Police Department and only
under the circumstances herein provided. Towed vehicles shall be impounded at facilities
designated by the Police Department until lawfully claimed or disposed of pursuant to ILCS
Ch. 625, Act 5.
B. Towing without notice; immediate tows. Hazardous or unlawful vehicles may be towed
without prior notice; except that, when an unlawful vehicle is one that has been reported as
stolen and is not towable for some other specific reason, the owner should be, when
practicable, notified by telephone or other means and given the opportunity to claim or move
the vehicle, if he /she so wishes, to avoid incurring the expenses of a police- ordered tow.
However, the vehicle may be towed if the owner permitted the tow to be made when the
vehicle was reported stolen or at any time thereafter. Within 24 hours after towing a vehicle
pursuant to this Chapter, a notice shall be sent to or personally delivered to the owner of the
vehicle affording the opportunity for a hearing, as provided in 6 -5 -4.
C. Towing with prior notice; abandoned vehicles. Abandoned vehicles may be towed after the
mailing or delivery of prior notice and the affording of an opportunity for a hearing as
provided in 6 -5 -4 (c) of this Chapter.
6 -5 -3 Pre -Tow Notice for Abandoned Vehicles.
A. Notice pursuant to this section shall be personally delivered to the owner by personal service
or shall be forwarded by mail, to the address of the owner of the vehicles as indicated in the
most current registration list of the Secretary of State. The notice shall be in the form
provided in 6 -5 -5. In the event that an out -of -state vehicle is proposed to be towed, inquiry
by computer, telephone, or letter shall be made of the Secretary of State of the particular
jurisdiction for the furnishing of the most current registered name and address of the owner of
the vehicle, and notice shall be made as provided herein to the address furnished, though in
no case will the City be required to delay towing more than seven (7) days after the date of
the mailing or personal delivery of the notice if no request for a hearing has been received
within that seven -day period.
B. A notice of intent to tow sticker with the earliest date upon which the tow may take place and
the address and phone number of the Police Department shall be placed on the vehicle.
6 -5 -4. Pre -Tow Hearing Procedures.
A. Opportunity for hearing. The owner or person entitled to possession of a vehicle to be towed
as an abandoned vehicle shall have seven days after the date of mailing or personal delivery
of the notice to request, in writing, a pre -tow hearing. Subsequent to this seven -day period,
the vehicle may be towed, if the owner has not filed a written hearing request within the
seven -day period, and any hearing rights under the provisions of this subchapter will be
deemed waived.
B. Request for a Hearing. Requests for a hearing are to be made in person to the Chief of Police.
Requests for hearing by persons who reside more than 50 miles from the municipality may be
made by mail. Forms for such requests shall be made available at the Police Department. At
the time of making the request, the owner will be provided a hearing date and time by mail or
in person, as the circumstances require.
C. Preliminary Hearing. If the owner or person entitled to a hearing must request within seven
days after the mailing or personal delivery of the notice, preliminary hearings shall be
conducted by a hearing officer appointed by the Chief of Police within 24 hours after receipt
of the request, excluding Saturdays, Sundays and legal holidays. All interested persons shall
be given a reasonable opportunity to be heard and the formal rules of evidence will not apply
and hearsay evidence shall be admissible only if it is the type commonly relied upon by
reasonably prudent persons in the conduct of their affairs.
D. The hearing officer shall make a written decision upon a preponderance of the evidence as to
whether towing of the vehicle is authorized by the laws of the state or the ordinances of the
City, with a specific statutory or ordinance section cited in the decision. The owner shall be
provided a copy of the pre -tow hearing decision.
E. Decision to tow and rates to be charged. If the preponderance of the evidence supports
towing and compliance with the provisions of this chapter, the hearing officer shall direct that
the vehicle be towed, with any towing and storage costs to then be imposed upon the owner.
The fees to be charged for towing and storage services shall be no more than the maximum
rates set by the Chief of Police pursuant to the provisions of this Chapter. The owner of the
vehicle having had such a hearing may avoid the towing by immediately removing the
vehicle from the improper location to a proper, lawful location and correcting any unlawful
condition of the vehicle.
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F. Establishment of maximum towing and storage rates. The owner shall pay fees to the towing
service operator for towing and storage on police- ordered tows at rates that do not exceed
maximum amounts to be administratively established by the Chief of Police and which may
be revised from time to time. However, nothing in this chapter is intended to prevent a
competitive towing service operator from charging less than the established maximum rates
for police- ordered or any other tows. In arriving at the maximum rates for various services,
the Chief of Police shall consider such matters as the prevalent market rates in the area for the
different types of vehicles, the types of storage and area requirements for categories such as
large trucks and commercial vehicles, and the relative difficulties and amount of work
required to perform various types of towing operations. For particularly difficult or unusual
towing jobs, such as large or serious accidents, the Chief of Police is authorized to allow
towing operators to charge rates above those established for normal situations. All special
charges must be based upon the cost of services provided, taking into account such matters as
the man -hours and equipment time required for the job. A towing service operator must fully
itemize in writing the details of such a billing at special rates for a particularly difficult or
unusual tow, and supply a copy of the itemized bill to the owner and to the Police
Department. Any special rates charged must be customary in the towing industry in the area
for the nature and extent of the services provided. Every towing service operator and the
Police Department shall have available a copy of the complete current rate schedule and any
special rate policy established by the Chief of Police, for vehicle owners to view upon
request.
6 -5 -5. Form for Pre -Tow Notice.
The following form shall be utilized for the mailing of delivery of pre -tow notices to owners:
To:
(Name)
(Address)
Date of Mailing:
Date and Time of and Name of Person making personal delivery: PRE -
TOW NOTICE
You are listed as the registered Owner or person entitled to possession of the following
described vehicle: (make) (model /other identifying features (license plate number and
State ) which is located on location in an apparently abandoned or unusable condition, to
wit: (facts forming basis of proposed tow) as defined in (ordinance or statutory section)
The United City of Yorkville will tow the vehicle or cause it to be towed after seven (7) days
from the above date of mailing or personal delivery unless you move the vehicle to a lawful
location or request a hearing as set forth below. Any such hearing will only concern the
proposed towing, and will not be determinative of or adjudicate any parking ticket or other
citation concerning the vehicle. If the vehicle is towed, you will be required to pay all towing
and storage charges before the vehicle is released.
The towing is authorized by Section 6 -5 -2 of the City Code of the United City of Yorkville.
If you wish to request a hearing on the legality of the present location and condition of your j
vehicle, you must contact the office listed below and file in person a request for such hearing
within 7 days of the above date of mailing or personal delivery, unless you live more than 50
miles from the municipality, in which case you may mail a request for hearing that must be
received by the office listed below within 7 days from the mailing or persona delivery of this
Notice.
6 -5 -6 Seizure and Impoundmeizt ofMotor Vehicles.
A. Conduct Prohibited. A motor vehicle operated with the permission, express or implied, of
the owner of record, that is used in connection with any of the following violations shall be
subject to seizure and impoundment by the City. The owner of record of said vehicle shall be
liable to the City for an administrative penalty of $500.00 in addition to any towing and
storage fees, and other fees deemed applicable. As used in this section, the owner of record
of a motor vehicle means the record title holder:
(i) Any vehicle which is operated by a person driving while his /her driver's license, permit
or privilege to operate a motor vehicle is suspended or revoked in violation of 625
ILCS 5/6 -303. For the purposes of this section, the terms "revoked" or "suspended,"
when used in the context of driving privileges or driver licenses, shall have the same
meaning as contained in the Illinois Vehicle Code, 625 ILCS 5/6 -100 et seq.
(ii) Any vehicle which is operated by a person driving while under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds of any combination thereof,
in violation of 625 ILCS 5/11- 501(a).
(iii) Any vehicle which is operated by a person driving against whom a warrant has been
issued by a Circuit Court in Illinois for failing to answer charges that the driver violated
(i) or (ii).
(iv) Any vehicle that contains any controlled substance or cannabis, as defined in the
Illinois Controlled Substances Act, 720 ILCS 570/100 et seq., and the Illinois Cannabis
Control Act, 720 ILCS 550/1 et seq., or that is used in the purchase, attempt to
purchase, sale or attempt to sell such controlled substances or cannabis.
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(v) Any vehicle used in connection with the unlawful use of weapons in violation of 720
ILCS 5/24 -1, et seq., ( " Deadly Weapons ") of the Illinois Criminal Code, or that
contains a firearm or ammunition for which a Firearms Owner's Identification Card is
required under the Illinois Owners Identification Card Act, 430 ILCS 65/0.01 et seq.
(vi) Any vehicle that is used in the commission of prostitution as defined in the Illinois
Criminal Code, 720 ILCS 5111 et seq., solicitation of a prostitute or a sexual act as
defined in said Code, or pimping or juvenile pimping as defined in said Code.
(vii) Any vehicle that is used by a person who does not hold a valid Illinois driver's license
or permit or a restricted driver's permit issued under sections 6 -205, 6 -206 or 6 -113 of
the Illinois Motor Vehicle Code, 625 ILCS 5/6 -205, 6 -206 or 6 -113.
(viii) Any vehicle which is used by a person during the aiding or abetting or commission of a
misdemeanor, felony or forcible felony as those terms are defined in the Illinois
Criminal Code, 720 ILCS 5/2 -7, 2 -8 and 2 -11.
B. Driving While Intoxicated; Standard of Evidence. A sworn report of a police officer,
prepared in conformity with Section 11.501.1 of the Illinois Vehicle Code, 625 ILCS
5 111.501.1, establishing that person has refused testing or has submitted to a test that
discloses a blood alcohol concentration of 0.08 or more, or any amount of a drug, substance,
or intoxicating compound in the person's breath, blood or urine resulting from the unlawful
use or consumption of cannabis listed in the Cannabis Control Act, controlled substance
listed in the Controlled Substances Act, or an intoxicating compound listed in the Use of
Intoxicating Compounds Act, shall constitute prima facie evidence under this chapter
sufficient to establish a finding of the vehicle owner's liability under this chapter. The
presumption may be rebutted by clear and convincing evidence.
6 -5 -7. Exceptions.
This chapter shall not apply to:
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A. A vehicle used in the violation was stolen at the time of the violation and the theft was
reported to the appropriate police authorities within twenty -four (24) hours after the theft was
discovered or reasonably should have been discovered;
B. If the vehicle is operating as a common carrier and the violation occurs without the
knowledge of the person in control of the vehicle; or
C. With respect to subsections 6 -5 -6 (iv) or 6 -5 -6 (v) of this chapter, the owner proves that the
item found is not unlawful.
6 -5 -8 Seizure and Impoundment.
A. Whenever a police officer has probable cause to believe that a vehicle is subject to seizure
and impoundment pursuant to 6 -5 -6, the police officer shall provide for the towing of the
vehicle to a facility authorized by the City. At the time the vehicle is towed, the police
officer shall notify any person identifying him/herself as the owner, or any person who is
found to be in control of the vehicle at the time of the alleged violation, of the fact of the
seizure and the vehicle owner's right to request a vehicle impoundment hearing as hereinafter
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provided.
6 -5 -9. Vehicle Impoundment Hearings.
A. Preliminary Hearing. If the owner of record of the vehicle seized pursuant to this chapter
desires to appeal the seizure, said owner must make a request within twenty -four (24) hours
of the seizure for a vehicle impoundment hearing. Said request shall be made in person and
in writing and filed with the Chief of Police or his/her designated agent. If the appeal is
timely filed, a preliminary hearing shall be conducted by a hearing officer appointed by the
Chief of Police with the consent of the Mayor, within twenty -four (24) hours after receipt of
the written request, excluding Saturdays, Sundays and legal holidays. All interested persons
shall be given a reasonable opportunity to be heard at the preliminary vehicle impoundment
hearing. The formal rules of evidence will not apply at the hearing, and hearsay evidence
shall be admissible only if it is the type commonly relied upon by reasonably prudent persons
in the conduct of their affairs. If, after the hearing, the hearing officer determines there is
probable cause to believe that the vehicle is subject to seizure and impoundment pursuant to
this chapter, the hearing officer shall order the continued impoundment of the vehicle, unless
the owner of the vehicle posts a cash bond in the amount of $500.00 with the City and pays
the towing company any applicable towing and storage fees. If the hearing officer determines
that there is no such probable cause, the vehicle will be returned to the owner of record of the
vehicle without penalty or other fees.
6 -5 -10. Administrative Hearing.
A. Within ten (10) business days after a vehicle has been seized and impounded pursuant to this
chapter the City shall notify by United States mail, the registered owner of record of the date,
time and location of the scheduled hearing which shall be held pursuant to Chapter 13 of this
Code. The name and address of the person to whom a vehicle is registered as shown on the
records of the State in which the vehicle is registered shall be conclusive evidence of the
name and address of the owner of record of the vehicle, unless the owner of record has given
the City actual written notice of a different name and/or address. The hearing shall be
scheduled and conducted in accordance with the requirement of Chapter 13 of this Code.
6 -5 -11. Vehicle Possession.
A. Except as otherwise specifically provided by law, no owner, lienholder or other person shall
be legally entitled to take possession of as vehicle impounded under this chapter until the
civil penalty and applicable fees under this chapter have been paid. However, whenever a
person with a lien of record against an impounded vehicle has commenced foreclosure
proceedings, possession of the vehicle shall be given to that person if he /she agrees in writing
to refund the City the amount of the net proceeds of any foreclosure sale, less any amounts
required to pay lienholders of record, not to exceed $500.00 plus the applicable fees.
Section III: Severability. If any provision, clause, sentence, paragraph, section, or part of this
Ordinance or application thereof to any person, firm, corporation, public agency or circumstance, shall,
for any reason, be adjudicated by a court of competent jurisdiction to be unconstitutional or invalid, said
judgment shall not affect, impair or invalidate the remainder of this Ordinance and the application of such
provision to other persons, firms, corporations, or circumstances, but shall be confined in its operation to
the provision, clause, sentence, paragraph, section or part thereof, directly involved in the controversy in
which such judgment shall have been rendered and to the person, firm, corporation, or circumstances
involved. It is hereby declared to be the legislative intent of the Mayor and City Council of the United
City of Yorkville that this Ordinance would have been adopted had such unconstitutional or invalid
provision, clause, sentence, paragraph, section, or part thereof not been included.
Section IV This Ordinance shall be in full force and effect immediately from and after its
passage and approval according to law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this
day of hIOVE"bE2 , A.D. 2009.
ROBYN SUTCLIFF GEORGE T. GILSON, JR.
ARDEN JOE PLOCHER DIANE TEELING
GARY GOLINSKI MARTY MUNNS
ROSE SPEARS WALLY WERDERICH
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
day of L��C�Mb�l2 , A.D. 2009.
AkIVA"-�' Zmk
Mayor
Attest:
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bE-PUTY City Clerk