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HomeMy WebLinkAboutOrd 4892 10/07/1997 ORDINANCE NO. 4892 AN ORDINANCE AMENDING ARTICLE XIX OF CHAPTER 18 (TRAFFIC CODE) OF THE VILLAGE CODE RELATIVE TO THE IMMOBILIZATION AND IMPOUNDMENT OF VEHICLES Passed and approved by the President and Board of Trustees the 7th day of October , 1997 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 7th day of October ,1997. BH/CAF 9/16/97 ORDINANCE NO. 4892 AN ORDINANCE AMENDING ARTICLE XlX OF CHAPTER 18 (TRAFFIC CODE) OF THE VILLAGE CODE RELATIVE TO THE IMMOBILIZATION AND IMPOUNDMENT OF VEHICLES BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Section 18.1907 entitled "Impoundment of Vehicle" of Article XIX of Chapter 18 (Traffic Code) of the Village Code of Mount Prospect, as amended, is hereby amended in its entirety; so that hereafter said Section 18.1907 shall be and read as follows: " Sec. 18.1907. Vehicle Immobilization and Impoundment for Violations. A. The Chief of Police, or his designee, is hereby authorized to direct and supervise a program of vehicle immobilization as provided in this Article. This program of vehicle immobilization shall provide for immobilizing any eligible vehicle upon a public way or public property by placement of a restraint in such a manner as to prevent its operation or if the eligible vehicle is parked or left in violation of any provision of the Village Code concerning obstruction of traffic, access or egress from driveways, alleys, fire lanes, hydrants or stations, or in any place where it constitutes an obstruction or a hazard, or where it impedes Village workers during such operations as snow removal, the Chief of Police, or his designee, may cause the eligible vehicle to be towed to the designated Village impoundment facility or relocated to a legal parking place and there restrained. B. A vehicle shall be eligible for immobilization as provided herein any time after inclusion of its state registration number, or previous or succeeding state registration number, on any immobilization list. A vehicle shall be placed on an immobilization list only if: 1. The registered owner of the vehicle has accumulated three (3) or more parking, compliance or Village vehicle license violation complaints in any eighteen (18) month period within the Village of Mount Prospect in which no payment has been made or appearance filed in the Circuit Court of Cook County within the time specified by the complaints; 2. At least twenty-one (21) days prior to placing the registration plate number of the vehicle on the immobilization eligibility list, notice of impending vehicle immobilization has been sent to the registered owner by certified mail, return receipt requested and first class mail, postage prepaid, at the address of the registered owner recorded with the Secretary of State or in the case of vehicle bearing a registration number of a state other than Illinois, at the address of the registered owner recorded in that state's registry of motor vehicles. C. The Notice required in Section 18.1907.B.2 shall state the name and address of the registered owner, the state registration number of the vehicle, the nature of the Village Codes violated and the numbers and issue dates of the outstanding complaints. The Notice shall also advise that a person may challenge the validity of the Notice of impending vehicle immobilization by requesting, in writing, a pre-immobilization hearing. The registered owner of the vehicle whose vehicle's registration number has been placed on the immobilization list, shall have the right to a pre- immobilization hearing to determine whether the vehicle was properly included on an immobilization list, provided the owner has filed a written demand for a hearing with the Chief of Police. A pre-immobilization hearing shall be Immobilizatior, Page 2 of 3 conducted by the Chief of Police or his designee within five (5) business days of the receipt of a written demand for hearing unless otherwise mutually agreed by the parties. A pre-immobilization hearing provided by this Section shall not determine the validity of or otherwise adjudicate any citation or Notice of Violation issued relative to the eligible vehicle. The registered owner shall appear in person and submit evidence which would conclusively disprove liability, such as the following: 1. That the person was not the owner or lessee of the vehicle on the date or dates the Notices of Violation were issued; or 2. That the fines or penalties for the violations cited in the report were paid; or 3. That there have not been issued to the registered owner three (3) or more parking, compliance or Village vehicle violation complaints. D. Upon immobilization of an eligible vehicle, a Notice shall be affixed to the vehicle in a conspicuous place. Such Notice shall warn that the vehicle is immobilized and that any attempt to move the vehicle may result in damage. The Notice shall also state that the unauthorized removal of or damage to the immobilizing restraint is a violation of both State and local law. The Notice also shall provide information specifying how release of the immobilizing restraint may be had, and how the registered owner may obtain a post- immobilization hearing pursuant to this Section. E. Except where the vehicle is otherwise subject to towing, if the immobilizing restraint has not been released pursuant to this Section within twenty-four (24) hours of its placement, the restraint may be released and the vehicle towed and impounded. F. Prior to a post-immobilization hearing on the validity of the immobilization as provided herein, the owner of an immobilized vehicle or other authorized person shall be permitted to secure release of the vehicle by: 1. Paying the immobilization and towing and storage fees, if applicable, specified herein; and 2. Taking one of the following actions: a. Paying all of the fines and penalties, if any, on the outstanding complaints specified in the notice of impending vehicle immobilization; or b. Completing the Circuit Court Appearance forms on all outstanding violation complaints specified in the notice of impending vehicle immobilization and depositing collateral in the amount of fifty percent (50%) of the total fines for the outstanding violation complaints specified in the notice of impending vehicle immobilization, or five hundred dollars ($500.00), whichever is less. Collateral shall be in the form of U. S. currency, travelers checks, money order, or certified check, but no personal checks shall be acceptable. G. Within ten (10) days after a vehicle has been impounded, notice of impoundment shall be sent by certified mail, return receipt requested, to the registered owner of the vehicle at the address to which the notice specified in Section 18.1907.B.2 was mailed. The notice shall state that the owner has the right to a post-immobilization hearing as provided herein, and that if the car is mmobilizatior, Page 3 of 3 not claimed within thirty (30) days from the date of the notice, the vehicle may be sold or otherwise disposed of in accordance with this Section. The owner of an immobilized vehicle shall have the right to a post- immobilization hearing if the owner files a written demand for a hearing with the Chief of Police within fourteen (14) days after issuance of the notice specified herein or within fourteen (14) days of the immobilization, whichever is later. A post-immobilization hearing shall be conducted by the Chief of Police or his designee within five (5) business days of the receipt of a written demand for headng unless otherwise mutually agreed by the parties. Failure to request or attend a scheduled post-immobilization hearing shall be deemed a waiver of the right to a hearing. In event of such failure to attend a scheduled hearing, any amount deposited pursuant to Section 18.1907.F shall be forfeited to the Village. A post-immobilization hearing provided by this Section shall not determine the validity of or otherwise adjudicate any citation or notice of violation issued relative to the immobilized vehicle. The sole purpose of a post- immobilization hearing will be to determine whether the vehicle was properly placed on a immobilization list. To prevail at a post-immobilization hearing, the registered owner shall appear in person and submit evidence which would conclusively disprove liability, such as the following: 1. That the person was not the owner or lessee of the vehicle on the date or dates the Notices of Violation were issued; or 2. That the fine or penalties for the violations cited in the report were paid; or 3. That there have not been issued to the registered owner three (3) or more parking, compliance or Village vehicle violation complaints. H. The fee for immobilization shall be Sixty Dollars ($60.00). The fee for towing as well as any the storage fee shall be the fee as designated in the then current Village towing contract, provided that no fees shall be assessed for any immobilization or tow which has been determined to be erroneous. I. It shall be unlawful to relocate or tow any vehicle restrained by an immobilizing device without the approval of the Chief of Police or his designee. The unauthorized removal of an immobilized vehicle shall be subject to a penalty of no less than Five Hundred Dollars ($500.00)." SECTION TWO: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: Clowes, Corcoran, Hoefert, Lohrstorfer, Necchi, Wilks NAYS: None ABSENT: None PASSED and APPROVED this 7th day of October , i 997. Carol A. Fields, Village Clerk