Chapter 10.76 ABANDONED OR JUNKED VEHICLES

C. “Street or highway” means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

D. “Vehicle” means a machine propelled by power other than human power designed to travel along the ground by use of wheels, treads, runners or slides and transport persons or property or pull machinery and includes, without limitation, automobile, truck, trailer, motorcycle, tractor, buggy and wagon.

10.76.020 Abandoned/junk vehicles (public property) defined.

“Abandoned/junk vehicles (public property)” means any vehicle standing or parked on any public way in such a state of disrepair as to be incapable of being driven in its present condition; or any vehicle that is standing or parked on public way that would violate any local or state law if it were driven; or any vehicle which has not been moved or used for seventy-two hours; is apparently deserted, abandoned, or junked and shall be presumed so.

10.76.030 Abandoned/junk vehicles (private property) defined.

It is unlawful for any person within the limits of the village to permit or maintain an unsightly yard or premises where there is an accumulation of any vehicle equipment, material, or junk, wrecked or disabled vehicles, defining same as any vehicle in such a state of disrepair as to be incapable of being driven in its present condition; or any vehicle that would violate any local or state law if it were driven; or any vehicle that has not been moved or driven for seven consecutive days; and that said vehicle, equipment or material or junk, wrecked or disabled vehicles are in public view.

10.76.040 Authority to order removal.

The chief of police or the health officer may order any junk vehicle, vehicles or parts thereof removed within ten days, following notice as outlined in RMC 10.76.050.

10.76.050 Notice.

Notice of such order shall be placed upon the junk motor vehicle, vehicles or parts thereof. Copies of the notice shall be served upon any adult occupying the real estate on which the junk motor vehicle, vehicles or parts thereof are located and upon the owner of the junk, if known. If no occupant of the real estate or owner of the junk vehicle, vehicles or parts thereof can be found, the notice affixed to any building on the real estate shall constitute notice to the owner or occupant of the real estate and to the owner of the junk motor vehicle, vehicles or parts thereof. If there is no building on the real estate, the notice may be affixed elsewhere on the real estate.

10.76.060 Impounding.

The chief of police or any member of his department designated by him is authorized to remove or have removed any vehicle left at any place within the village which reasonably appears to be in violation of this article or which reasonably appears to be lost, stolen or unclaimed, or which is an inoperable vehicle as defined herein. Such vehicle shall be impounded until lawfully claimed or disposed of in accordance with 625 ILCS 5 et seq.

10.76.070 Violation – Penalty.

Any person violating any of the provisions of this article is guilty of a misdemeanor and upon conviction thereof shall be fined in any amount not exceeding five hundred dollars. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such under this section.

Article II. Procedure Regarding Abandoned, Lost, Stolen or Unclaimed Vehicles

10.76.100 Abandonment of vehicles prohibited.

A. The abandonment of a vehicle or any part thereof on any highway in the village is unlawful and subject to penalties as set forth under RMC 10.76.230.

B. The abandonment of a vehicle or any part thereof on private or public property, other than a highway, in view of the general public, anywhere in the village is unlawful except on property of the owner or bailee of such abandoned vehicle. A vehicle or any part thereof so abandoned on private property shall be authorized for removal by a law enforcement agency having jurisdiction after a waiting period of seven days or more. A violation of this section is subject to penalties as set forth under RMC 10.76.230.

10.76.110 Abandoned, lost, stolen or unclaimed vehicle – Notification to law enforcement agencies.

When an abandoned, lost, stolen or unclaimed vehicle comes into the temporary possession or custody of a person in the village, not the owner of the vehicle, such person shall immediately notify the municipal police when the vehicle is within the corporate limits of the village, or the State Police or the county sheriff when the vehicle is outside the corporate limits of the village. Upon receipt of such notification, the municipal police, State Police or county sheriff will authorize a towing service to remove and take possession of the abandoned, lost, stolen or unclaimed vehicle. The towing service will safely keep the towed vehicle and its contents, maintain a record of the tow as set forth in RMC 10.76.130 for law enforcement agencies, until the vehicle is claimed by the owner or any other person legally entitled to possession thereof or until it is disposed of as provided in this chapter.

10.76.120 Removal of motor vehicles or other vehicles – Towing or hauling away.

A. When a vehicle is abandoned or left unattended on a toll highway, interstate highway, or expressway for two hours or more, its removal by a towing service may be authorized by a law enforcement agency having jurisdiction.

B. When a vehicle is abandoned on a highway in an urban district ten hours or more, its removal by a towing service may be authorized by a law enforcement agency having jurisdiction.

C. When a vehicle is abandoned or left unattended on a highway other than a toll highway, interstate highway, or expressway, outside of an urban district for twenty-four hours or more, its removal by a towing service may be authorized by a law enforcement agency having jurisdiction.

D. When an abandoned, unattended, wrecked, burned or partially dismantled vehicle is creating a traffic hazard because of its position in relation to the highway or its physical appearance is causing the impeding of traffic, its immediate removal from the highway or private property adjacent to the highway by a towing service may be authorized by a law enforcement agency having jurisdiction.

E. When a vehicle removal from either public or private property is authorized by a law enforcement agency, the owner of the vehicle will be responsible for all towing costs.

10.76.130 Reports on towed vehicles.

When a vehicle is authorized to be towed away as provided in RMC 10.76.110 or 10.76.120, the police headquarters or office of the law officer authorizing the towing shall keep and maintain a record of the vehicle towed, listing the color, year of manufacture, manufacturer’s trade name, manufacturer’s series name, body style, vehicle identification number, license plate year and number and registration sticker year and number displayed on the vehicle. The record shall also include the date and hour of tow, location towed from, location towed to, reason for towing and the name of the officer authorizing the tow.

10.76.140 Record searches.

A. When a law enforcement agency authorizing the impounding of a vehicle does not know the identity of the registered owner or other legally entitled person, that law enforcement agency will cause the vehicle registration records of the state to be searched by the Secretary of State for the purpose of obtaining the required ownership information.

B. The law enforcement agency authorizing the impounding of a vehicle will cause the stolen motor vehicle files of the State Police to be searched by a directed communication to the State Police for stolen or wanted information on the vehicle. When the State Police files are searched with negative results, the information contained in the National Crime Information Center (NCIC) files will be searched by the State Police. The information determined from these record searches will be returned to the requesting law enforcement agency for that agency’s use in sending a notification by certified mail to the owner or legally entitled person advising where the vehicle is held, requesting a disposition be made and setting forth public sale information. Exceptions to a notification by certified mail to the registered owner or other legally entitled person are set forth in RMC 10.76.180.

10.76.150 Identifying and tracing of vehicle ownership by Illinois State Police.

When the registered owner or other person legally entitled to the possession of a vehicle cannot be identified from the registration files of the state or from the registration files of a foreign state, if applicable, the law enforcement agency having custody of the vehicle shall notify the State Police, for the purpose of identifying the vehicle owner or other person legally entitled to the possession of the vehicle. The information obtained by the State Police will be immediately forwarded to the law enforcement agency having custody of the vehicle for notification of owner purposes as set forth in RMC 10.76.140.

10.76.160 Reclaimed vehicles – Expenses.

Any time before a vehicle is sold at public sale or disposed of as provided in RMC 10.76.170, the owner or other person legally entitled to its possession may reclaim the vehicle by presenting to the law enforcement agency having custody of the vehicle proof of ownership or proof of the right to possession of the vehicle. No vehicle shall be released to the owner or other person under this section until all towing and storage charges have been paid.

10.76.170 Disposal of unclaimed vehicles.

A. In cities having a population of more than five hundred thousand inhabitants, whenever an abandoned, lost, stolen or unclaimed vehicle or other vehicle remains unclaimed by the registered owner or other legally entitled person for a period of fifteen days after notice has been given as provided in RMC 10.76.140 and 10.76.150, the vehicle may be disposed of as provided in the “Municipal Purchasing Act for Cities of Five Hundred Thousand or More Population.”

B. Except as provided in subsection A of this section for cities with more than five hundred thousand inhabitants, when an abandoned, lost, stolen or unclaimed vehicle seven years of age or newer remains unclaimed by the registered owner or other person legally entitled to its possession for a period of thirty days after notice has been given as provided in RMC 10.76.140 and 10.76.150, the law enforcement agency or towing service having possession of the vehicle shall cause it to be sold at public sale to the highest bidder. Notice of the time and place of the sale shall be posted in a conspicuous place for at least ten days prior to the sale on the premises where the vehicle has been impounded. At least ten days prior to the sale, the law enforcement agency where the vehicle is impounded, or the towing service where the vehicle is impounded, shall cause a notice of the time and place of the sale to be sent by certified mail to the registered owner or other person known by the law enforcement agency or towing service to be legally entitled to the possession of the vehicle. Such notice shall contain a complete description of the vehicle to be sold and what steps must be taken by any legally entitled person to reclaim the vehicle.

C. In those instances where the certified notification specified in RMC 10.76.140 and 10.76.150 has been returned by the postal authorities to the law enforcement agency or towing service due to the addressee having moved or being unknown at the address obtained from the registration records of the state, the sending of a second certified notice will not be required.

10.76.180 Disposal of unclaimed vehicles without notice.

A. When the identity of the registered owner or other person legally entitled to the possession of an abandoned, lost, or unclaimed vehicle of seven years of age or newer cannot be determined by any means provided for in this chapter, the vehicle may be sold as provided in RMC 10.76.170 without notice to the registered owner or other person legally entitled to the possession of the vehicle.

B. When an abandoned vehicle of more than seven years of age is impounded as specified by this chapter, it will be kept in custody for a minimum of ten days for the purpose of determining ownership, the contacting of the registered owner by the U.S. mail, public service or in person for a determination of disposition; and an examination of the State Police stolen vehicle files for theft and wanted information. At the expiration of the ten-day period, without the benefit of disposition information being received from the registered owner, the law enforcement agency having jurisdiction will authorize the disposal of the vehicle as junk.

An exception to the above is provided for if in the opinion of the police officer processing the vehicle, it has value of two hundred dollars or more and can be restored to safe operating condition. In this event, the agency may authorize its purchase as salvage and the Secretary of State may issue a salvage certificate if the vehicle is bonded in the manner as provided for certificates of title under 625 ILCS 5/3-100.

C. A vehicle classified as an antique vehicle may however be sold to a person desiring to restore it.

10.76.190 Police reports after vehicle is reclaimed or disposed of.

When a vehicle in the custody of a law enforcement agency 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 will be maintained by that law enforcement agency for a period of one year from the date of the sale or disposal.

10.76.200 Disposition of proceeds of sale of unclaimed vehicles.

A. When a vehicle located within the corporate limits of the village is authorized to be towed away by a law enforcement agency having jurisdiction and disposed of as set forth in this chapter, the proceeds of the public sale or disposition after the deduction of towing, storage and processing charges shall be deposited in the treasury of the village.

B. When a vehicle located outside the corporate limits of the village is authorized to be towed away by a law enforcement agency having jurisdiction and disposed of as set forth in this chapter, the proceeds of the public sale or disposition, after deducting towing, storage and processing costs shall be deposited in the county treasury of the county where the vehicle was located at the time of the tow.

10.76.210 Titling vehicles after public sale – Removal of liens.

When an applicant for a certificate of title under this chapter presents to the Secretary of State proof that he has purchased or acquired a vehicle at a public sale as authorized by this chapter and such fact is certified to by the law enforcement agency having jurisdiction over the public sale of a vehicle, the Secretary of State shall issue a certificate of title for the vehicle upon receipt of the statutory fee and a properly executed application for a certificate of title. The title issued by the Secretary of State under this section shall be free of any lien that existed against the vehicle prior to the time the vehicle was acquired by the applicant under this chapter.

10.76.220 Liability.

A law enforcement officer or agency, towing service owner, operator or employee shall not be held to answer or be liable for damages in any action brought by the registered owner, former registered owner or his legal representative, or any other person legally entitled to the possession of a vehicle when the vehicle was processed and sold or disposed of as provided by this chapter.

10.76.230 Violations.

Any person who violates or aids and abets in the violation of RMC 10.76.100 through 10.76.220 is guilty of a petty offense, and:

A. Shall be fined not less than twenty-five dollars or more than one hundred dollars; and

B. Shall be required by the court to make a disposition on the abandoned or unclaimed vehicle.

10.76.240 Post-tow hearing procedures.

The registered or legal owner of a motor vehicle towed by, or pursuant to the authority of the Riverdale police department, as an immediate tow, shall be entitled to a post-tow hearing in accordance with the procedure adopted by the police department to determine the validity of such tow and any towing or storage charges. (Ord. 86-2 § 1, 1986)