HB4722eng 103RD GENERAL ASSEMBLY

HB4722 Engrossed LRB103 36529 MXP 66636 b

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Vehicle Code is amended by changing Section 18a-302 as follows:

(625 ILCS 5/18a-302) (from Ch. 95 1/2, par. 18a-302)

Sec. 18a-302. Owner or other person in lawful possession or control of private property; right property - Right to employ relocation service.

(a) This subsection applies to units of local government other than a unit described in subsection (b).

It shall be unlawful for an owner or other person in lawful possession or control of private property to remove or employ a commercial relocator to remove an unauthorized vehicle from such property unless written notice is provided to the effect that such vehicles will be removed, including the name, address and telephone number of the appropriate commercial vehicle relocator, if any. Such notice shall consist of a sign, posted in a conspicuous place in the affected area, of a size at least 24 inches in height by 36 inches in width. Such sign shall be at least 4 feet from the ground but less than 8 feet from the ground and shall be either illuminated or painted with reflective paint, or both. Such sign shall state the amount of towing charges to which the person parking may be subject. This provision shall not be construed as prohibiting any unit of local government from imposing additional or greater notice requirements.

No express notice shall be required under this subsection Section upon residential property which, paying due regard to the circumstances and the surrounding area, is clearly reserved or intended exclusively for the use or occupation of residents or their vehicles.

(b) This subsection only applies to municipalities with a population over 2,000,000.

It shall be unlawful for an owner or other person in lawful possession or control of private property to remove or employ a commercial relocator to remove an unauthorized vehicle from such property unless written notice is provided to the effect that such vehicles will be removed, including the name, address and telephone number of the appropriate commercial vehicle relocator, if any. Such notice shall consist of a sign, posted in a conspicuous place in the affected area, of a size at least 24 inches in height by 36 inches in width. Such sign shall be at least 4 feet from the ground but less than 8 feet from the ground and shall be either illuminated or painted with reflective paint, or both. Such sign shall state the amount of towing charges to which the person parking may be subject.

Express notice shall be required under this subsection to remove a vehicle blocking an area that is clearly reserved or intended as an ingress or egress point for a residential property, including, but not limited to, a driveway.

An owner or other person in lawful possession or control of private property must use a private vendor approved by the municipality in which the property is located to remove an unauthorized vehicle from the property.

A home rule unit may not regulate the removal of an unauthorized vehicle by an owner or other person in lawful possession or control of private property in a manner inconsistent with this subsection. This subsection is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

(Source: P.A. 81-332.)