Municipal Code – Village of Pingree Grove ______

Title 7: Motor Vehicles and Traffic Chapter 8 – ABANDONED, DERELICT VEHICLES1

SECTIONS: 7-8-1: LEGISLATIVE FINDINGS AND DETERMINATIONS. 7-8-2: DEFINITIONS. 7-8-3: ABANDONMENT OF VEHICLE OR RETENTION OF DERELICT VEHICLE PROHIBITED. 7-8-4: PRESUMPTIONS. 7-8-5: REMOVAL OF VEHICLES; COSTS. 7-8-6: RECORDS OF TOWS. 7-8-7: RECORDS SEARCHES FOR OWNER. 7-8-8: RECLAMATION OF VEHICLE. 7-8-9: SALE OF VEHICLE. 7-8-10: OLDER VEHICLES. 7-8-11: ALTERNATE PROCEDURES. 7-8-12: RECORDS KEPT. 7-8-13: DISPOSITION OF PROCEEDS. 7-8-14: NONLIABILITY OF VILLAGE OR TOWING SERVICE.

7-8-1: LEGISLATIVE FINDINGS AND DETERMINATIONS:

The village board members, in keeping with the policy of the Illinois general assembly, as found in section 5/4-301 of the Illinois vehicle code, finds and determines that: abandoned and derelict vehicles constitute a safety hazard and a public nuisance; are detrimental to the health, safety and welfare of the general public by harboring disease, providing breeding places for vermin, inviting plundering, creating fire hazards and presenting physical dangers to children and others; produce scenic blights which degrade the environment and adversely affect land values and the proper maintenance and continuing development of the state of Illinois and all of its subdivisions; represent a resource out of place and an energy loss to the Illinois economy and require state and local governmental attention, in conjunction with any federal governmental attention, in order to assure the expeditious removal and recycling of these abandoned and derelict vehicles. (Ord. 2009-22, 7-6-2009)

7-8-2: DEFINITIONS:

For purposes of this chapter, the following words and terms shall have the meanings ascribed to them in this section:

ABANDONED, DERELICT OR INOPERABLE VEHICLE: Any vehicle which either satisfies the definition of any of the terms in this section, the then current provisions of the Illinois vehicle code or any vehicle:

1 See also subsection 5-2-1B of this code.

Title 7, Chapter 8 – Page 1 Municipal Code – Village of Pingree Grove Title 7: MOTOR VEHICLES AND TRAFFIC Chapter 8 – ABANDONED, DERELICT VEHICLES ______

A. Which is located on private property not subject to a traffic ordinance enforcement agreement with the village of Pingree Grove and which is incapable of being moved under its own power, has one or more flat tires, lacks current license plates and registration, or has parts removed from the vehicle so as to render it incapable of being moved under its own power or unlawful to operate;

B. Which is located on a public street or on private property subject to a traffic ordinance enforcement agreement with the village of Pingree Grove and which is incapable of being moved under its own power, has one or more flat tires, lacks current license plates and registration, or has parts removed from the vehicle so as to render it incapable of being moved under its own power or unlawful to operate; or

C. In the case of a nonmotorized vehicle, any nonmotorized vehicle, including, but not limited to, a trailer, buggy or wagon, which is partially disassembled, has its wheels or tires removed or flattened, or is placed on blocks or jack stands so as to render it immobile or inoperable (other than a properly permitted mobile home or trailer).

VEHICLE: 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 shall include, without limitation, automobile, truck, bicycle, trailer, motorcycle, motor driven cycle, tractor, buggy and wagon. (Ord. 2009-22, 7-6-2009)

7-8-3: ABANDONMENT OF VEHICLE OR RETENTION OF DERELICT VEHICLE PROHIBITED:

The abandonment of a motor vehicle or any part thereof or the retention of a derelict vehicle anywhere in the village, in view of the general public, is unlawful except on the property of the owner in a lawfully constructed and completely enclosed permanent building or other lawfully constructed and completely enclosed permanent structure. Removal of the abandoned or derelict vehicle or any part thereof may be authorized by order of the chief of police after expiration of seven (7) days from the date on which notice of the violation is mailed or posted, as provided herein. (Ord. 2009-22, 7-6-2009)

7-8-4: PRESUMPTIONS:

A. Abandonment Of Vehicle: The person to whom last was issued the certificate of title to the vehicle by the secretary of state is presumed to be the person to abandon that vehicle.

B. Derelict Vehicle On Private Property: Unless said person notifies the police department that a derelict vehicle has been unlawfully placed upon his or her property, the person who owns the private property on which a derelict vehicle is retained or who occupies the private

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property on which the derelict vehicle is retained, or both, is presumed to be the person responsible for disposing of the vehicle in a safe and timely manner. (Ord. 2009-22, 7-6- 2009)

7-8-5: REMOVAL OF VEHICLES; COSTS:

A. Notice To Police Of Abandoned Or Derelict Vehicle; Removal:

1. When an abandoned, derelict, lost, stolen or unclaimed motor vehicle or other vehicle comes into the temporary possession of or custody of a person in this state who is not the owner of the vehicle, such person shall immediately notify the police department when the vehicle is within the corporate limits of the village.

2. Upon receipt of such notification, the chief of police shall authorize a towing service to remove and take possession of the abandoned, lost, stolen or unclaimed motor vehicle or other vehicle.

3. The towing service will safely keep the towed vehicle and its contents, maintain a record of the tow 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 by this chapter.

B. Removal From Public Ways:

1. When a motor vehicle or other vehicle is abandoned on a public right of way in the village ten (10) hours or more, its removal by a towing service may be authorized by order of the chief of police or his or her designee(s).

2. When an abandoned, derelict, unattended, wrecked, burned or partially dismantled motor vehicle or other vehicle is creating a traffic hazard because of its position in relation to the highway or its physical appearance or presence is causing the impeding of traffic, a towing service may be authorized to remove the vehicle by order of the chief of police or his or her designee(s).

C. Costs Of Removal: When a vehicle is removed from either public or private property, as authorized by order of the chief of police or his or her designee(s), the owner of the vehicle will be responsible for all towing costs. (Ord. 2009-22, 7-6-2009)

7-8-6: RECORDS OF TOWS:

When a motor vehicle or other vehicle is authorized to be towed away, the police department shall keep and maintain a record of the vehicle towed, listing the color, year of the manufacture, manufacturer's trade name, manufacturer's series name, body style, vehicle identification

Title 7, Chapter 8 – Page 3 Municipal Code – Village of Pingree Grove Title 7: MOTOR VEHICLES AND TRAFFIC Chapter 8 – ABANDONED, DERELICT VEHICLES ______number and license plate 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. (Ord. 2009-22, 7-6-2009)

7-8-7: RECORDS SEARCHES FOR OWNER:

A. When the police department does not know the identity of the registered owner or other legally entitled person, they will cause the motor vehicle records of the state of Illinois to be searched by a directed communication to the secretary of state for the purpose of obtaining the required ownership information.

B. The police department shall cause the stolen vehicle files of the Illinois state police to be searched by a directed communication to the Illinois state police for stolen or wanted information on the vehicle. When the Illinois state police files are searched with negative results, the information contained in the national crime information center (NCIC) files will be searched by the Illinois state police. The information determined from these records searches will be used by the police department 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.

C. The police department may use such other databases or information sources as may be reasonably available to the police department from time to time. Failure of the police department to use one or more of the specified information sources shall not constitute a failure of the police department to adhere to its obligations under this chapter; provided, that the police department undertakes a reasonable effort to determine the identity of the owner of any derelict or potentially stolen motor vehicle. The village and police department expressly disclaim any liability or responsibility for the accurate identification of the owner of any such vehicle. (Ord. 2009-22, 7-6-2009)

D. When the registered owner or other person legally entitled to the possession of a motor vehicle or other vehicle cannot be identified from the registration files of this state or from the registration files of a foreign state, if applicable, the police department shall notify the Illinois 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 Illinois state police will be immediately forwarded to the village police department for notification of the owner. (Ord. 2009-22, 7-6-2009; amd. 2011 Code)

7-8-8: RECLAMATION OF VEHICLE:

Any time before a motor vehicle or other vehicle is sold at public sale or disposed of as provided herein, the owner or other person legally entitled to its possession may reclaim the vehicle by

Title 7, Chapter 8 – Page 4 Municipal Code – Village of Pingree Grove Title 7: MOTOR VEHICLES AND TRAFFIC Chapter 8 – ABANDONED, DERELICT VEHICLES ______presenting to the police department proof of ownership or proof of the right to possession of the vehicle. (Ord. 2009-22, 7-6-2009)

7-8-9: SALE OF VEHICLE:

A. Owner Known:

1. Sale Authorized: Whenever an abandoned, lost, stolen or unclaimed motor vehicle or other vehicle, seven (7) years of age or newer, remains unclaimed by the registered owner or other person legally entitled to its possession for a period of thirty (30) days after notice has been given as provided herein, the village police department shall cause it to be sold at public sale to the highest bidder. (Ord. 2009-22, 7-6-2009; amd. 2011 Code)

2. Notices:

a. Notice of the time and place of the 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.

b. At least ten (10) days prior to the sale, the police department 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 police department and towing service to be legally entitled to the possession of the vehicle, along with a notice to the address at which the vehicle was found (if found on private property). 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 herein has been returned by the postal authorities to the police department due to the addressee having moved, or being unknown at the address obtained from the registration records of this state, the sending of a second certified notice will not be required.

B. Owner Unknown: When the identity of the registered owner or other person legally entitled to the possession of an abandoned, lost or unclaimed vehicle of seven (7) years of age or newer cannot be determined by any means provided in this chapter, the vehicle may be sold as provided herein or disposed of in the manner authorized by this chapter without notice to the registered owner or other person legally entitled to the possession of the vehicle. (Ord. 2009-22, 7-6-2009)

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7-8-10: OLDER VEHICLES:

A. When an abandoned vehicle of more than seven (7) years of age is impounded as specified by this chapter, it will be kept in custody for a minimum of ten (10) 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 Illinois state police stolen motor vehicle files for theft and wanted information.

B. At the expiration of the ten (10) day period, without the benefit of disposition information being received from the registered owner, the chief of police will authorize the disposal of the vehicle as junk only. (Ord. 2009-22, 7-6-2009)

7-8-11: ALTERNATE PROCEDURES:

The chief of police may, based on the condition, appearance, or other facts deemed relevant by him or her, elect to utilize either the procedure designated by section 7-8-9 or 7-8-10 of this chapter, without regard to the age of the vehicle, and shall be empowered to determine which procedure to utilize in his or her sole discretion. (Ord. 2009-22, 7-6-2009)

7-8-12: RECORDS KEPT:

When a motor vehicle or other 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 record of the transaction shall be maintained by the police department for a period of one year from the date of the sale or disposal. (Ord. 2009-22, 7-6-2009)

7-8-13: DISPOSITION OF PROCEEDS:

When a vehicle located within the corporate limits of the village is authorized to be towed away by the chief of police 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 village treasury for village use. (Ord. 2009-22, 7-6-2009)

7-8-14: NONLIABILITY OF VILLAGE OR TOWING SERVICE:

Any police officer, village employee, or towing service owner or operator, or employee thereof, shall not be held to answer or be liable for damages, judgments or costs of any kind or to any other person legally entitled to the possession of a motor vehicle or other vehicle when the vehicle was processed and sold or disposed of as provided by this chapter. (Ord. 2009-22, 7-6- 2009)

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