Public Act 097-0779
Public Act 0779 97TH GENERAL ASSEMBLY
|
Public Act 097-0779
| | HB4145 Enrolled | LRB097 17640 KMW 62847 b |
|
| AN ACT concerning local government.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Counties Code is amended by adding Section | 5-12002.1 as follows:
| (55 ILCS 5/5-12002.1 new) | Sec. 5-12002.1. Hazardous dilapidated motor vehicles. | (a) The General Assembly hereby finds that the | proliferation of hazardous dilapidated motor vehicles | constitutes a hazard to the health, safety, and welfare of the | public, and that addressing the problems caused by such | abandoned dilapidated vehicles constitutes a compelling and | fundamental governmental interest. The General Assembly also | finds that the only effective method of dealing with the | problem is to promulgate a comprehensive scheme to expedite the | towing and disposal of such vehicles. | (b) As used in this Section, "hazardous dilapidated motor | vehicle" means any motor vehicle with a substantial number of | essential parts, as defined by Section 1-118 of The Illinois | Vehicle Code, either damaged, removed, or altered or otherwise | so treated that the vehicle is incapable of being driven under | its own motor power or, which by its general state of | deterioration, poses a threat to the public's health, safety, |
| and welfare. "Hazardous dilapidated motor vehicle" shall not | include a motor vehicle that has been rendered temporarily | incapable of being driven under its own motor power in order to | perform ordinary service or repair operations. The owner of a | vehicle towed under the provisions of this Section shall be | entitled to any hearing or review of the towing of the vehicle | as provided by State or local law. | (c) A county board may by ordinance declare all inoperable | motor vehicles, whether on public or private property and in | view of the general public, to be hazardous dilapidated motor | vehicles, and may authorize a law enforcement agency, with | applicable jurisdiction, to remove immediately, any hazardous | dilapidated motor vehicle or parts thereof. The ordinance shall | include a requirement that notice must be sent by certified | mail to either the real property owner of record or the vehicle | owner at least 10 days prior to removal. Nothing in this | Section shall apply to any motor vehicle that is kept within a | building when not in use, to operable historic vehicles over 25 | years of age, or to a motor vehicle on the premises of a place | of business engaged in the wrecking, selling, or junking of | motor vehicles.
| Section 10. The Illinois Municipal Code is amended by | changing Section 11-40-3.1 as follows:
| (65 ILCS 5/11-40-3.1) (from Ch. 24, par. 11-40-3.1)
|
| Sec. 11-40-3.1.
The General Assembly hereby finds that in | municipalities
of more than 1,000,000 inhabitants, the | proliferation of hazardous
dilapidated motor vehicles | constitutes a hazard to the health, safety and
welfare of the | public, and that addressing the problems caused by such
| abandoned dilapidated vehicles constitutes a compelling and | fundamental
governmental interest. The General Assembly also | finds that the only
effective method of dealing with the | problem is to promulgate a
comprehensive scheme to expedite the | towing and disposal of such vehicles.
The corporate authorities | of each municipality of 1,000,000 inhabitants or
more may by | ordinance declare all inoperable motor vehicles, whether on
| public or private property and in view of the general public, | to be
hazardous dilapidated motor vehicles, and may authorize a | law enforcement
agency, with applicable jurisdiction, to | remove immediately, any hazardous
dilapidated motor vehicle or | parts thereof. Nothing in this Section shall
apply to any motor | vehicle that is kept within a building when not in use,
to | operable historic vehicles over 25 years of age, or to a motor | vehicle
on the premises of a place of business engaged in the | wrecking, selling, or junking
of motor vehicles.
| As used in this Section, "hazardous dilapidated motor | vehicle" means any
motor vehicle with a substantial number of | essential parts, as defined by
Section 1-118 of The Illinois | Vehicle Code, either damaged, removed or
altered or otherwise | so treated that the vehicle is incapable of being
driven under |
| its own motor power or, which by its general state of
| deterioration, poses a threat to the public's health, safety | and welfare.
"Hazardous dilapidated motor vehicle" shall not | include a motor vehicle
which has been rendered temporarily | incapable of being driven under its own
motor power in order to | perform ordinary service or repair operations. The
owner of a | vehicle towed under the provisions of this Section shall be
| entitled to any hearing or review of the towing of such vehicle | as provided
by State or local law.
| (Source: P.A. 86-460.)
| Section 15. The Illinois Vehicle Code is amended by | changing Section 4-203 as follows:
| (625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
| Sec. 4-203. 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 2 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 10
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 24 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) Whenever a
peace officer reasonably believes that a | person under
arrest for a violation of Section 11-501 of this | Code or a similar
provision of a local ordinance is likely, | upon release, to commit a
subsequent violation of Section | 11-501, or a similar provision of a local
ordinance, the | arresting officer shall have the vehicle which the person
was | operating at the time of the arrest impounded for a period of | not more
than 12 hours after the time of arrest. However, such | vehicle may be
released by the arresting law enforcement agency | prior to the end of the
impoundment period if:
| (1) the vehicle was not owned by the person under | arrest, and the lawful
owner requesting such release | possesses a valid operator's license, proof
of ownership, | and would not, as determined by the arresting law | enforcement
agency, indicate a lack of ability to operate a | motor vehicle in a safe
manner, or who would otherwise, by |
| operating such motor vehicle, be in
violation of this Code; | or
| (2) the vehicle is owned by the person under arrest, | and the person
under arrest gives permission to another | person to operate such vehicle,
provided however, that the | other person possesses a valid operator's license
and would | not, as determined by the arresting law enforcement
agency, | indicate a lack of ability to operate a motor vehicle in a | safe
manner or who would otherwise, by operating such motor | vehicle, be in
violation of this Code.
| (e-5) Whenever a registered owner of a vehicle is taken | into custody for
operating the vehicle in violation of Section | 11-501 of this Code or a similar
provision of a local ordinance | or Section 6-303 of this Code, a
law enforcement officer
may | have the vehicle immediately impounded for a period not less | than:
| (1) 24 hours for a second violation of Section 11-501 | of this Code or a
similar provision of a local ordinance or | Section 6-303
of
this Code or a combination of these | offenses; or
| (2) 48 hours for a third violation of Section 11-501 of | this Code or a
similar provision of a local ordinance or | Section 6-303 of this
Code or a combination of these | offenses.
| The vehicle may be released sooner if the vehicle is owned | by the person
under arrest and the person under arrest gives |
| permission to another person to
operate the vehicle and that | other person possesses a valid operator's license
and would | not, as determined by the arresting law enforcement agency, | indicate
a lack of ability to operate a motor vehicle in a safe | manner or would
otherwise, by operating the motor vehicle, be | in violation of this Code.
| (f) Except as provided in Chapter 18a of this Code, the | owner or
lessor of privately owned real property within this | State, or any person
authorized by such owner or lessor, or any | law enforcement agency in the
case of publicly owned real | property may cause any motor vehicle abandoned
or left | unattended upon such property without permission to be removed | by a
towing service without liability for the costs of removal, | transportation
or storage or damage caused by such removal, | transportation or storage.
The towing or removal of any vehicle | from private property without the
consent of the registered | owner or other legally authorized person in
control of the | vehicle is subject to compliance with the following
conditions | and restrictions:
| 1. Any towed or removed vehicle must be stored at the | site of the towing
service's place of business. The site | must be open during business hours,
and for the purpose of | redemption of vehicles, during the time that the
person or | firm towing such vehicle is open for towing purposes.
| 2. The towing service shall within 30 minutes of | completion of such
towing or removal, notify the law |
| enforcement agency having jurisdiction of
such towing or | removal, and the make, model, color and license plate | number
of the vehicle, and shall obtain and record the name | of the person at the law
enforcement agency to whom such | information was reported.
| 3. If the registered owner or legally authorized person | entitled to
possession of the vehicle shall arrive at the | scene prior to actual removal
or towing of the vehicle, the | vehicle shall be disconnected from the tow
truck and that | person shall be allowed to remove the vehicle without
| interference, upon the payment of a reasonable service fee | of not more than
one half the posted rate of the towing | service as provided in paragraph
6 of this subsection, for | which a receipt shall be given.
| 4. The rebate or payment of money or any other valuable | consideration
from the towing service or its owners, | managers or employees to the owners
or operators of the | premises from which the vehicles are towed or removed,
for | the privilege of removing or towing those vehicles, is | prohibited. Any
individual who violates this paragraph | shall be guilty of a Class A
misdemeanor.
| 5. Except for property appurtenant to and obviously a | part of a single
family residence, and except for instances | where notice is personally given
to the owner or other | legally authorized person in control of the vehicle
that | the area in which that vehicle is parked is reserved or |
| otherwise
unavailable to unauthorized vehicles and they | are subject to being removed
at the owner or operator's | expense, any property owner or lessor, prior to
towing or | removing any vehicle from private property without the | consent of
the owner or other legally authorized person in | control of that vehicle,
must post a notice meeting the | following requirements:
| a. Except as otherwise provided in subparagraph | a.1 of this subdivision (f)5, the notice must be | prominently placed at each driveway access or curb
cut | allowing vehicular access to the property within 5 feet | from the public
right-of-way line. If there are no | curbs or access barriers, the sign must
be posted not | less than one sign each 100 feet of lot frontage.
| a.1. In a municipality with a population of less | than 250,000, as an alternative to the requirement of | subparagraph a of this subdivision (f)5, the notice for | a parking lot contained within property used solely for | a 2-family, 3-family, or 4-family residence may be | prominently placed at the perimeter of the parking lot, | in a position where the notice is visible to the | occupants of vehicles entering the lot.
| b. The notice must indicate clearly, in not less | than 2 inch high
light-reflective letters on a | contrasting background, that unauthorized
vehicles | will be towed away at the owner's expense.
|
| c. The notice must also provide the name and | current telephone
number of the towing service towing | or removing the vehicle.
| d. The sign structure containing the required | notices must be
permanently installed with the bottom | of the sign not less than 4 feet
above ground level, | and must be continuously maintained on the property for
| not less than 24 hours prior to the towing or removing | of any vehicle.
| 6. Any towing service that tows or removes vehicles and | proposes to
require the owner, operator, or person in | control of the vehicle to pay the
costs of towing and | storage prior to redemption of the vehicle must file
and | keep on record with the local law enforcement agency a | complete copy of
the current rates to be charged for such | services, and post at the storage
site an identical rate | schedule and any written contracts with property
owners, | lessors, or persons in control of property which authorize | them to
remove vehicles as provided in this Section.
The | towing and storage charges, however, shall not exceed the | maximum allowed by the Illinois Commerce Commission under | Section 18a-200.
| 7. No person shall engage in the removal of vehicles | from private
property as described in this Section without | filing a notice of intent
in each community where he | intends to do such removal, and such
notice shall be filed |
| at least 7 days before commencing such towing.
| 8. No removal of a vehicle from private property shall | be done except
upon express written instructions of the | owners or persons in charge of the
private property upon | which the vehicle is said to be trespassing.
| 9. Vehicle entry for the purpose of removal shall be | allowed with
reasonable care on the part of the person or | firm towing the vehicle. Such
person or firm shall be | liable for any damages occasioned to the vehicle if
such | entry is not in accordance with the standards of reasonable | care.
| 10. When a vehicle has been towed or removed pursuant | to this Section,
it must be released to its owner or | custodian within one half hour after
requested, if such | request is made during business hours. Any vehicle owner
or | custodian or agent shall have the right to inspect the | vehicle before
accepting its return, and no release or | waiver of any kind which would
release the towing service | from liability for damages incurred during the
towing and | storage may be required from any vehicle owner or other | legally
authorized person as a condition of release of the | vehicle. A detailed,
signed receipt showing the legal name | of the towing service must be given
to the person paying | towing or storage charges at the time of payment,
whether | requested or not.
| This Section shall not apply to law enforcement, |
| firefighting, rescue,
ambulance, or other emergency vehicles | which are marked as such or to
property owned by any | governmental entity.
| When an authorized person improperly causes a motor vehicle | to be
removed, such person shall be liable to the owner or | lessee of the vehicle
for the cost or removal, transportation | and storage, any damages resulting
from the removal, | transportation and storage, attorney's fee and court costs.
| Any towing or storage charges accrued shall be payable by | the use of any
major credit card, in addition to being payable | in cash.
| 11. Towing companies shall also provide insurance | coverage for areas
where vehicles towed under the | provisions of this Chapter will be impounded
or otherwise | stored, and shall adequately cover loss by fire, theft or
| other risks.
| Any person who fails to comply with the conditions and | restrictions of
this subsection shall be guilty of a Class C | misdemeanor and shall be fined
not less than $100 nor more than | $500.
| (g)(1) When a vehicle is determined to be a hazardous | dilapidated
motor
vehicle pursuant to Section 11-40-3.1 of the | Illinois Municipal Code or Section 5-12002.1 of the Counties | Code, its
removal and impoundment by a towing service may be | authorized by a law
enforcement agency with appropriate | jurisdiction.
|
| (2) When a vehicle removal from either public or private | property is
authorized by a law enforcement agency, the owner | of the vehicle shall be
responsible for all towing and storage | charges.
| (3) Vehicles removed from public or private property and
| stored by a commercial vehicle relocator or any other towing | service authorized by a law enforcement agency in
compliance | with this Section and Sections 4-201 and 4-202
of this Code, or | at the request of the vehicle owner or operator,
shall
be | subject to a possessor lien for services
pursuant to the Labor | and Storage Lien (Small Amount) Act. The provisions of Section | 1 of that Act relating to notice
and implied consent shall be | deemed satisfied by compliance with Section
18a-302 and | subsection (6) of Section 18a-300. In no event shall such lien
| be greater than the rate or rates established in accordance | with subsection
(6) of Section 18a-200 of this Code. In no | event shall such lien be
increased or altered to reflect any | charge for services or materials
rendered in addition to those | authorized by this Act. Every such lien
shall be payable by use | of any major credit card, in addition to being
payable in cash.
| (4) Any personal property belonging to the vehicle owner in | a vehicle subject to a lien under this
subsection
(g) shall | likewise be subject to that lien, excepting only:
child | restraint systems as defined in Section 4 of the Child | Passenger Protection Act and other child booster seats; | eyeglasses; food; medicine; perishable property; any |
| operator's licenses; any cash, credit
cards, or checks or | checkbooks; any wallet, purse, or other property
containing any | operator's license or other identifying documents or | materials,
cash, credit cards, checks, or checkbooks; and any | personal property belonging to a person other than the vehicle | owner if that person provides adequate proof that the personal | property belongs to that person. The spouse, child, mother, | father, brother, or sister of the vehicle owner may claim | personal property excepted under this paragraph (4) if the | person claiming the personal property provides the commercial | vehicle relocator or towing service with the authorization of | the vehicle owner. | (5) This paragraph (5) applies only in the case of a | vehicle that is towed as a result of being involved in an | accident. In addition to the personal property excepted under | paragraph (4), all other personal property in a vehicle subject | to a lien under this subsection (g) is exempt from that lien | and may be claimed by the vehicle owner if the vehicle owner | provides the commercial vehicle relocator or towing service | with proof that the vehicle owner has an insurance policy | covering towing and storage fees. The spouse, child, mother, | father, brother, or sister of the vehicle owner may claim | personal property in a vehicle subject to a lien under this | subsection (g) if the person claiming the personal property | provides the commercial vehicle relocator or towing service | with the authorization of the vehicle owner and proof that the |
| vehicle owner has an insurance policy covering towing and | storage fees. The regulation of liens on personal property and | exceptions to those liens in the case of vehicles towed as a | result of being involved in an accident are
exclusive powers | and functions of the State. A home
rule unit may not regulate | liens on personal property and exceptions to those liens in the | case of vehicles towed as a result of being involved in an | accident. This paragraph (5) is a denial and
limitation of home | rule powers and functions under
subsection (h) of Section 6 of | Article VII of the
Illinois Constitution. | (6) No lien under this subsection (g) shall:
exceed $2,000 | in its total amount; or
be increased or altered to reflect any | charge for services or
materials rendered in addition to those | authorized by this Act.
| (h) Whenever a peace officer issues a citation to a driver | for a violation of subsection (a) of Section 11-506 of this | Code, the arresting officer may have the vehicle which the | person was operating at the time of the arrest impounded for a | period of 5 days after the time of arrest.
An impounding agency | shall release a motor vehicle impounded under this subsection | (h) to the registered owner of the vehicle under any of the | following circumstances: | (1) If the vehicle is a stolen vehicle; or | (2) If the person ticketed for a violation of | subsection (a) of Section 11-506 of this Code was not | authorized by the registered owner of the vehicle to |
| operate the vehicle at the time of the violation; or | (3) If the registered owner of the vehicle was neither | the driver nor a passenger in the vehicle at the time of | the violation or was unaware that the driver was using the | vehicle to engage in street racing; or | (4) If the legal owner or registered owner of the | vehicle is a rental car agency; or | (5) If, prior to the expiration of the impoundment | period specified above, the citation is dismissed or the | defendant is found not guilty of the offense.
| (Source: P.A. 95-310, eff. 1-1-08; 95-562, eff. 7-1-08; 95-621, | eff. 6-1-08; 95-876, eff. 8-21-08; 96-1274, eff. 7-26-10; | 96-1506, eff. 1-27-11.)
| Section 99. Effective date. This Act takes effect upon | becoming law.
|
Effective Date: 7/13/2012
|
Translate
