Chapter 11 Motor Vehicles and Traffic  

Article XI.  Abandoned, Hazardous, or Unlawful Vehicles.

Sec. 11-132.    Definitions. [back to top]

For the purposes of this Article, the following terms shall have the meanings stated in this Section.  Any term not defined herein shall have the meaning ascribed to it in other ordinances of this municipality, and if not defined in any other municipal ordinances, it shall have the meaning ascribed in the Illinois Vehicle Code, 625 ILCS 5/1-101 et seq.

(A)       Abandoned vehicle means

(1)        A vehicle parked or otherwise located on the public way and

(a)        in such state of disrepair that it is incapable of being driven; or

(b)        that has been unmoved for a period of at least twenty-four (24) hours and, because of its condition or the period during which it has not been moved or some other circumstance, appears to have been, and will be presumed to have been, abandoned by its owner; or

(2)        A vehicle defined as abandoned, or capable of being towed, by any other ordinances of the municipality, and which does not fall into the categories of "hazardous" or "unlawful" vehicles, and therefore is not subject to an immediate tow.

(B)       Hazardous vehicle means

(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, way or alley 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; or

(5)        A vehicle which is parked in a fire lane on private property, provided that the Village has entered into a specific agreement with the owner of said property with respect to the enforcement of fire lane violations.

(C)       Owner means a person who holds legal title to the vehicle or the right of possession of the vehicle.

(D)       Unlawful vehicle means:

(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 of Illinois statutes or Village ordinances which prohibit parking at the location in question or which prohibit parking during specified hours or which prohibit parking for the period of time for which the vehicle has been parked; or

(3)        A vehicle when the operator of such vehicle has been charged with driving without a valid license or permit as an operator or chauffeur issued under the authority of the State (as provided in Section 11-16 of this Chapter or 625 ILCS 5/6-101); driving under the influence of intoxicating liquor or narcotic drugs (as provided in Section 11-54 of this Chapter or 625 ILCS 5/11-501(a)); a person under age 21 driving with a blood alcohol level greater than 0.00 (as provided in Section 11-44 of this Chapter and 625 ILCS 5/11-501.8); or driving while license is revoked or suspended (as provided in Section 11-15 of this Chapter or 625 ILCS 5/6-303). 

(E)       Vehicle means 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.

(Ord. 05-137; 07-46; 08-61)

Sec. 11-133.    Abandonment Prohibited. [back to top]

No person shall abandon any vehicle within the Village, and no person shall leave any vehicle at any place within the Village for such time and under such circumstances as to cause such vehicle reasonably to appear to have been abandoned.

Sec. 11-134.    Leaving Wrecked, Nonoperating, etc., Vehicle on Street. [back to top]

No person shall leave any partially dismantled, nonoperating, wrecked, or junked vehicle on any street or highway in the Village.

Sec. 11-135.    Inoperable Motor Vehicles Declared Nuisance [back to top]

Inoperable motor vehicles, whether on public or private property, are hereby declared to be a nuisance.

Sec. 11-136.    Duty to Comply with Notice to Dispose. [back to top]

All persons are required to dispose of any abandoned or inoperative motor vehicles under their control or on their property upon written notice received from the corporate authorities or from the Chief of Police or any member of his department designated by him commanding such disposition of such abandoned or inoperable motor vehicles.

 Sec. 11‑137.  Administrative Penalties/Vehicle Possession. [back to top]

(A)       An administrative penalty of $500.00 is hereby imposed on the owner of record of any vehicle towed or impounded under this Chapter.  The penalty imposed pursuant to this Section shall constitute a debt due and owing the Village.  A vehicle impounded pursuant to this Chapter shall remain impounded until:

(1)        The penalty of $500.00 is paid to the Village and all applicable towing fees are paid to the towing agent, in which case the owner of record shall be given possession of the vehicle; or

(2)        A bond in the amount of $500.00 is posted with the Police Department and all applicable towing fees are paid to the towing agent, at which time the vehicle will be released to the owner of record; or

(3)        The vehicle is deemed abandoned, in which case the vehicle shall be disposed of in the manner provided by law for the disposition of abandoned vehicles.

(B)       If a bond in the amount of $500.00 is posted with the Police Department, the impounded vehicle shall be released to the owner of record; the owner of the vehicle shall still be liable to the towing agent for any applicable towing fees.  All bond money posted pursuant to this Section shall be held by the Village until the hearing officer issues a decision or, if there is a judicial review, until the court issues its decision or if the owner fails to request a post-tow hearing in a timely manner.

(C)       If a post-tow hearing is requested by the owner of record as provided in Sections 11-142 and 11-143 and if it is determined after the hearing that the vehicle was improperly towed, then the owner of record shall be refunded the administrative penalty and towing charges incurred.

(D)       Any motor vehicle that is not reclaimed within 30 days after a final judgment is rendered in favor of the Village or by the time a final administrative decision is rendered against an owner of record who is in default may be disposed of as an unclaimed vehicle as provided by law, provided, however, that where proceedings have been instituted under state or federal drug asset forfeiture laws, the subject vehicle may not be disposed of by the Village except as consistent with those proceedings.

(Ord 05-137; 07-46;11-37)

Sec. 11-138.    Towing Permitted. [back to top]

Any hazardous, abandoned or unlawful vehicle may be towed by the Village or its designee from any highway, street or other public location, provided that the procedures hereinafter set forth in this Article are followed.

Sec. 11‑139.  Authorization for Towing.  (Ord. 05-137) [back to top]

The towing of vehicles by the Village, or by its approved towing service operators on behalf of the Village, 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 625 ILCS 5/1‑101 et seq.

(A)       Towing Without Notice; Immediate Tows.  Hazardous or unlawful vehicles may be towed without prior notice, except that the police officer shall notify any person who identifies himself to the police officer as the owner of record of the vehicle of the fact of the vehicle's seizure and of the vehicle owner's right to request a post-tow administrative hearing to be conducted under the provisions of this Article.

(B)       Stolen Vehicles:  When an unlawful vehicle is one that has been reported as stolen, the owner should be, when practicable, notified by telephone or other means and given the opportunity to claim or move the vehicle, if he so wishes, to avoid incurring the expenses of a police-ordered tow.  Provided, however, that 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 twenty-four (24) hours after towing a vehicle pursuant to this Article, a notice shall be sent to or personally delivered to the owner of the vehicle affording the opportunity for a hearing as provided in Sections 11-142 and 11-143.

(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 Sections 11-140 and 11-141 and, to the extent required by law, after obtaining an appropriate court order allowing the tow from private property. 

Sec. 11-140.    Pre-Tow Notice for Abandoned Vehicles. [back to top]

(A)       Notice pursuant to this Section shall be personally delivered to the owner or shall be forwarded by certified or registered mail, return receipt requested, to the address of the owner of the vehicle as indicated in the most current registration list of the Secretary of State.  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 mailed as provided herein to the address furnished, though in no case will the Village 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 (7) 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. 

Sec. 11-141.  Pre-Tow Hearing Procedures. [back to top]

(A)       Opportunity for Hearing.  The tower or person entitled to possession of a vehicle to be towed as an abandoned vehicle shall have seven (7) days after the date of mailing or personal delivery of the notice to request, in writing, a pre-tow hearing.  Subsequent to this seven (7) day period, the vehicle may be towed if the owner has not filed a written hearing request within the seven (7) day period, and any hearing rights under the provisions of this Article will be deemed waived.

 (B)      Scheduling of Pre-Tow Hearings.  The pre-tow hearing shall be scheduled for a date within fourteen (14) days of the mailing or personal delivery of the pre-tow notice.  The Village shall not be required to delay towing longer than such fourteen (14) day period.

(C)       Request for Pre-Tow Hearings.  Requests for a pre-tow hearing are to be made to the office of the Village Manager.  Requests for hearing by persons who reside more than fifty (50) miles from the Village 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.

(D)       Appointment of Hearing Officer. The Village Manager or his designee shall serve as the hearing officer.  In no case shall that hearing officer be an individual who was involved in the initial decision to tow the vehicle.  The hearing officer shall have the authority to require the presence of the enforcement officer who initiated the proposed tow or any other Village personnel.

(E)       Nature of Hearing. The hearing shall be informal in nature, and the rules of evidence shall not apply.  The hearing will not be determinative of, or adjudicate, any citation relative to any vehicle.  After receiving all relevant evidence, the hearing officer shall make a written decision based upon a preponderance of the evidence as to whether towing of the vehicle is authorized by the laws of the State of Illinois or the ordinances of the Village, with a specific statutory or ordinance section cited in the decision.  The owner shall be provided a copy of such pre-tow hearing decision.

(F)       Decision to Tow and Rates To Be Charged. If the preponderance of the evidence supports towing and compliance with the provisions of this Article, the hearing officer shall direct that the vehicle be towed or, to the extent required by law, than an appropriate court order for towing from private property be obtained, with any towing and storage costs to then be imposed upon the owner thereof.  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 Section 11-142(E).  The owner of said 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. (Ord. 02-102)

(G)       Decision Not to Tow.  If the preponderance of the evidence fails to support towing of the vehicle, the hearing officer shall direct that the vehicle shall not be towed.  The Village shall furnish a copy of such decision to the owner, who may place it inside the vehicle in a location plainly visible from the outside, such as the dashboard or rear window.  No vehicle about which such a decision has been rendered shall be towed by the Village unless the circumstances under which the decision was rendered have changed.  If at some subsequent time the Village should wish to tow the vehicle from the same location, it shall follow the same procedures required for the towing of any other similarly situated vehicle.

(H)       Reports and Documents to be Retained; Contesting Decisions.  Originals or copies of all notices, pre-tow hearing decisions, towing reports, and any associated police reports or documents shall be retained by the Police Department for a period of at least five (5) years after each hearing, or after each tow if no hearing was requested or held.  The Village or the owner may contest the decision of the hearing officer in any manner provided by law.

Sec. 11-142.    Post-Tow Notice for Hazardous and Unlawful Vehicles. [back to top]

(A)       Mailing or Delivery of Notice. Notice pursuant to this Section shall be forwarded by certified or registered mail, return receipt requested, to the address of the owner of the hazardous or unlawful vehicle as indicated in the most current registration list of the Secretary of State unless the notice is personally delivered to the owner, in which case the date and time of delivery and the name of the police officer making the delivery shall be noted in the Police Department records or reports.  The notice shall be delivered within twenty-four (24) hours of the tow of the hazardous or unlawful vehicle in the manner provided in Section 11-140(A).  In the event that the Village has towed an out-of-state hazardous or unlawful vehicle, 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 mailed as provided herein to the address furnished.  (Ord. 02-102)

(B)       Posting of Signs Showing Hearing Rights.  All approved towing service operators shall prominently post at least one sign, with dimensions of at least twelve inches by eighteen inches (12" x 18") indicating the opportunity and procedures for a hearing to contest the validity of the towing of the vehicle.  The sign shall be placed in locations readily visible to the public transacting business at any towing facility.  If a towing service operator performs services for more than one municipality, the information for contacting the various appropriate village offices can be listed in one such sign.

(C)       Request for Post-Tow Hearings. Requests for hearings are to be made at the office indicated on the notice within fifteen (15) days of the mailing or personal delivery of the notification of tow, or release of the vehicle, whichever occurs first; otherwise, the right to a hearing shall be deemed waived.  Requests for hearing by persons who reside more than fifty (50) miles from the Village may be made in person or by mail received within the fifteen (15) day period.

(D)       Release of Motor Vehicles. Before the owner or person entitled to possession of any impounded vehicle shall be permitted to remove same, the owner or other person entitled to possession shall furnish evidence of his identity, ownership of the vehicle, or his right to possession, sign a receipt for the vehicle, pay the administrative penalty to the Village (or a bond therefor), and pay the amount currently owed for towing and storage fees to the towing service operator.  The Chief of Police is authorized to promulgate regulations as to the documents or other proof necessary to establish these facts.  (Ord. 05-137) 

 (E)      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.  The basic rates for such fees shall be shown in the form and sign concerning vehicle release requirements.  However, nothing in this Article 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, which 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 such 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.

Sec. 11‑143.  Post‑Tow Hearing Procedures. [back to top]

(A)       Opportunity for Hearing.  The owner of a vehicle towed as an immediate tow, by or pursuant to the authority of the Police Department as set forth in Section 11-142, shall be provided the opportunity for a post-tow hearing to determine the validity of such tow and any administrative penalty, towing or storage charges.  The hearing will not be determinative of, or adjudicate, any citation issued relative to any towed vehicle.  The owner shall be deemed to have waived any right to a post-tow hearing unless a hearing is requested within fourteen (14) days of the mailing or delivery of the post-tow notice, as provided in Section 11-142.

(B)       Nature of the Hearing/Hearing Officer.  The nature of the hearing and the appointment of the hearing officer shall be the same as set forth above in Sections 11-141(D) and 11-141(E).

(C)       Scheduling of Post‑Tow Hearings. The post‑tow hearing shall take place as follows:

(1)        In those instances where the vehicle has been released upon the deposit of the full payment currently owed for towing and storage charges and the owner has properly requested a hearing, the hearing shall take place within fifteen (15) days after the request for a hearing, unless the owner requests a later date convenient to all parties.

(2)        In those instances where the vehicle remains impounded, the hearing shall take place, at the option of the owner:

(a)        on the next day after an owner's demand for such hearing, excluding Saturdays, Sundays and holidays; if such demand is made after 3:00 P.M. or if the unavailability of a necessary witness or evidence creates a particular difficulty in conducting the hearing on the next calendar day, then a hearing shall be held on the second day following the request, excluding Saturdays, Sundays and holidays; or

(b)        if acceptable to the owner, within fifteen (15) days of said request on a date convenient to all parties.

(D)       Conduct of Post‑Tow Hearing.  The hearing officer shall review all evidence presented by the vehicle owner and the Police Department or other municipal employees and shall make a finding, based upon the preponderance of the evidence presented, as to the lawful authority for the towing and storage of the vehicle.  The Village must establish such authority by a preponderance of the evidence.

(E)       Post-Tow Hearing Decision.  For each hearing, the hearing officer shall complete a post-tow hearing decision, attach such decision to the Police Department's original vehicle towing report, and supply a copy of the decision to the owner by personal delivery if the owner is present, or by mail.

(F)       Reports and Documents to be Retained; Contesting Decisions.  All originals or copies of all notices, post-tow hearing decisions, towing reports, and any associated police reports or documents shall be retained by the Police Department for a period of at least five (5) years after each hearing, or after each tow if no hearing was requested or held.  The Village or the owner may contest the decision of the hearing officer in any manner provided by law.

(G)       Towing Services Subject to Ordinance.  Notwithstanding any other ordinance or statutory provisions to the contrary, any towing service operator authorized to perform tows on behalf of the Village must perform its services subject to the provisions of this Article.  However, the towing company shall have the right to recover the reasonable value of its services for police-ordered tows, which are not paid by the vehicle owner, from the Village.  Provided, however, that if a tow or the charge for a tow is found by a court to be illegal and the towing service operator is required to return the charge for the tow to the owner of the vehicle, the Village shall not be liable to reimburse the operator for the towing charges.

(Ord. 67-43; 72-46; 87-44; 05-137)

Article XII.  Adoption of Certain Portions of the Illinois Motor Vehicle Code by Reference.

[Entire Article Adopted by Ord. 90-33; amended by Ord. 07-45]

Sec. 11-144.  Provisions of Illinois Motor Vehicle Code Adopted. [back to top]

(A)       Chapters 3, 6, 11, 12, 15 and 25 of the Illinois Vehicle Code (625 ILCS 5/1-100 et seq.), as now existing or hereafter amended, are hereby adopted by reference to be applied within the corporate limits of the Village to the extent permitted by law and to the extent that their subject matter is not otherwise regulated by the Village Code or inconsistent with any lawful provision of the Village Code.  All actions or failure to act made unlawful in the aforesaid Chapters of the Illinois Vehicle Code shall be made unlawful events under the provisions of the Village Code.  (Ord. 07-45, 09-35)

(B)       All references in the aforesaid chapters of the Illinois Vehicle Code to "this code" shall be to sections of the Illinois Vehicle Code and shall not refer to sections of the Addison Village Code.  References to a state employee or official may be to a corresponding Village employee or official where such reference is applicable or necessary. (07-45)

(C)       Citations for violations of the aforesaid chapters of the Illinois Vehicle Code adopted by reference herein may be issued by authorized personnel of the Village, using the appropriate Illinois Vehicle Code section which shall, by the effect of this Section, represent identically and specially numbered sections of the Addison Village Code.  (07-45)

(D)       Without limiting the generality of Subsection (A) hereinabove:

(1)        The following provisions of the Illinois Vehicle Code, as may be amended from time to time, are hereby expressly adopted by reference pursuant to the authority granted in 625 ILCS 5/20-204:  Sections 11-501, 11-105.1, 11-501.2, 11-501.4, 11-501.4-1, 11-501.5, 11-501.6, 11-501.7, and 11-501.8, excepting Section 11-501(d).

Reference to this Section 11-144(D) can be made in the following manner:  Addison Village Code, Chapter 11, Section 11-144(D) followed by the applicable Illinois Vehicle Code section number, e.g., Section 11-144(D) of the Addison Village Code/IVC 11-501(a).

(2)        The court, upon making a finding of guilty for any offense under this subsection, in addition to any sentencing alternative selected by the court, shall impose a fine of not less than seven hundred fifty dollars ($750.00) for each such offense.  In the event the Illinois Vehicle Code imposes a minimum fine greater than seven hundred fifty dollars ($750.00) for such an offense, the greater of the statutory minimum fine or seven hundred fifty dollars ($750.00) shall be imposed.

Article XIII.  Vehicle Immobilization Program
[Article enacted by Ord. 92-81]

Sec. 11-145.    Vehicle Immobilization Program Established. [back to top]

The Chief of Police, or his designee, is authorized to direct and supervise a program of vehicle immobilization as provided for in this Article.  The program of vehicle immobilization shall provide for immobilizing any eligible vehicle upon the public way, in a public place, or on private property with the consent of the property owner, by placement of a restraint in such a manner as to prevent its operation when there are three (3) or more outstanding or otherwise unsettled parking violation notices or warrants issued for such violations pending against the owner of such motor vehicle.  (Ord. 11-03)

Sec. 11-146.    Vehicles Eligible for Immobilization. [back to top]

A vehicle shall be eligible for immobilization, as provided herein, any time after inclusion of its state registration number or other vehicle identification number on any immobilization list, regardless of whether or not the listed vehicle itself has received a parking violation complaint.  A vehicle's state registration number or other vehicle identification number shall be included on an immobilization list only if:

(A)       The registered owner of the vehicle has accumulated three (3) or more outstanding or otherwise unsettled parking violation notices from the Village or a warrant issued for such violations is pending against the owner of such motor vehicle.  (Ord.11-03)

(B)       At least twenty-four (24) days prior to the Village's placing the registration plate number of the vehicle on the vehicle immobilization eligibility list, notice of impending vehicle immobilization has been sent to the registered owner via first class mail, postage prepaid, at the address of the registered owner recorded with the Secretary of State or, in the case of a vehicle bearing the registration number of a state other than Illinois, at the address of the registered owner recorded in that state's registry of motor vehicles.

Sec. 11-147.    Notice of Vehicle Immobilization and Hearing. [back to top]

The notice required in Section 11-146(B) shall state the name and address of the registered owner, the state registration number or vehicle identification number of the vehicle, the nature of the ordinance(s) violated and the numbers and issue dates of the outstanding complaints.  The notice shall also advise that a person may request a hearing to challenge the validity of the notice of impending vehicle immobilization.  The request for a hearing shall be made within ten (10) days of mailing the notice.

Sec. 11-148.    Notice To Be Affixed to Immobilized Vehicle. [back to top]

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 its damage.  The notice shall also state that the unauthorized removal of or damage to the immobilizing restraint is a violation of the Illinois Criminal Code.  The notice shall also 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 Article.

Sec. 11-149.    Towing of Immobilized Vehicle. [back to top]

Except where the vehicle is otherwise subject to towing, if the immobilizing restraint has not been released pursuant to Section 11-150 within twenty-four (24) hours of its placement, the restraint shall be released and the vehicle towed and impounded.

Sec. 11-150.    Release of Immobilized Vehicle. [back to top]

Prior to a hearing on the validity of the immobilization as provided in Section 11-152, the owner of an immobilized vehicle or other interested person shall be permitted to secure release of the vehicle by:

(A)       Paying the immobilization and towing and storage fees, if applicable, specified in Section 11-153; and

(B)       Taking one of the following actions:

(1)        Paying all the fines and penalties, if any, on the outstanding complaints for which notice had been sent prior to the date of the immobilization; or

(2)        Completing appearance forms on all outstanding parking violation complaints for which notice had been sent prior to the date of the immobilization and depositing collateral in the amount of fifty percent (50%) of the total fines for these outstanding parking violation complaints or two thousand five hundred dollars ($2,500), whichever is less.  (Ord. 11-03).

Sec. 11-151.    Post Vehicle Immobilization/Impoundment Notice. [back to top]

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 11-146(B) was mailed.  The notice shall state that the owner has the right to a post-immobilization and post-towing hearing as provided in Section 11-152, and that if the car is not claimed within thirty (30) days from the date of the notice, the vehicle may be disposed of in accordance with the Illinois Vehicle Code and/or Village of Addison Ordinance.

Sec. 11-152.    Immobilized Vehicle Hearing. [back to top]

The owner of an immobilized vehicle or other interested person shall have the right to a hearing to determine whether the immobilization or any subsequent towing was erroneous or whether the vehicle was properly included on an immobilization list, if the owner files a written demand for a hearing with the Chief of Police, or his designee, within fourteen (14) days after issuance of the notice specified in Section 11-146 or within fourteen (14) days after the immobilization, whichever is later.  A hearing shall be conducted within seventy-two (72) hours of receipt of a written demand for a hearing prior to the immobilization of the vehicle and within forty-eight (48) hours of receipt of a written demand for a hearing after the vehicle has been immobilized, unless otherwise mutually agreed by the parties.  Failure to request or attend a scheduled hearing shall be deemed a waiver of the right to a hearing.  In the event of such failure, any amount deposited pursuant to Section 11-150(A) shall be forfeited.  A hearing provided in accordance with this Article shall not determine the validity of or otherwise adjudicate any citation or notice of parking violations issued relative to the immobilized vehicle but shall only relate to whether the vehicle was properly immobilized or towed.  (Ord. 11-03)

Sec. 11-153.    Immobilization Fees. [back to top]

The fee for immobilization shall be one hundred eighty dollars ($180.00).  The owner of the vehicle shall be charged reasonable storage and towing fees should the vehicle be removed to a private storage facility, provided that not fees shall be assessed for any immobilization or tow which has been determined to be erroneous.  (Ord. 11-03)

Sec. 11-154.    Unlawful To Relocate Immobilized Vehicles. [back to top]

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.

Article XIV.    Restitution

Sec. 11-155.    Restitution for Costs of Emergency Response to Driving under Influence Incidents. [back to top]

In addition to any other fine or penalty provided by law, any individual who is convicted of a violation of Section 11-501 of the Motor Vehicle Code (625 ILCS 5/11-501) or a similar provision of local ordinances, involving driving under the influence of alcohol, drugs, or a combination of both, whose operation of a motor vehicle while in violation of any of the aforesaid laws proximately caused an incident resulting in an appropriate emergency response by the Village, shall be required to make restitution to the Village for the costs of that emergency response.  Such restitution shall not exceed one thousand dollars ($1000.00) for each such emergency response.  For the purposes of this Section, the term "emergency response" shall mean a response to the incident by a Village of Addison police officer.  The emergency response fee for each police squad responding shall be five hundred dollars ($500.00) per incident.  (Ord. 11-47)

Article XV.  Penalty.

Sec. 11-156.    Penalty. [back to top]

Except where a fine is otherwise expressly provided for, any person, firm or corporation who shall be convicted of violating any provision of this Chapter shall be fined not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00) for each offense, in addition to any other sanctions and remedies provided by law, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.  (Ord. 90-52)

APPENDIX I

625 ILCS 5/15-113 et seq.
 

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