Full Text of HB4145 97th General Assembly
HB4145enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Counties Code is amended by adding Section | 5 | | 5-12002.1 as follows: | 6 | | (55 ILCS 5/5-12002.1 new) | 7 | | Sec. 5-12002.1. Hazardous dilapidated motor vehicles. | 8 | | (a) The General Assembly hereby finds that the | 9 | | proliferation of hazardous dilapidated motor vehicles | 10 | | constitutes a hazard to the health, safety, and welfare of the | 11 | | public, and that addressing the problems caused by such | 12 | | abandoned dilapidated vehicles constitutes a compelling and | 13 | | fundamental governmental interest. The General Assembly also | 14 | | finds that the only effective method of dealing with the | 15 | | problem is to promulgate a comprehensive scheme to expedite the | 16 | | towing and disposal of such vehicles. | 17 | | (b) As used in this Section, "hazardous dilapidated motor | 18 | | vehicle" means any motor vehicle with a substantial number of | 19 | | essential parts, as defined by Section 1-118 of The Illinois | 20 | | Vehicle Code, either damaged, removed, or altered or otherwise | 21 | | so treated that the vehicle is incapable of being driven under | 22 | | its own motor power or, which by its general state of | 23 | | deterioration, poses a threat to the public's health, safety, |
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| 1 | | and welfare. "Hazardous dilapidated motor vehicle" shall not | 2 | | include a motor vehicle that has been rendered temporarily | 3 | | incapable of being driven under its own motor power in order to | 4 | | perform ordinary service or repair operations. The owner of a | 5 | | vehicle towed under the provisions of this Section shall be | 6 | | entitled to any hearing or review of the towing of the vehicle | 7 | | as provided by State or local law. | 8 | | (c) A county board may by ordinance declare all inoperable | 9 | | motor vehicles, whether on public or private property and in | 10 | | view of the general public, to be hazardous dilapidated motor | 11 | | vehicles, and may authorize a law enforcement agency, with | 12 | | applicable jurisdiction, to remove immediately, any hazardous | 13 | | dilapidated motor vehicle or parts thereof. The ordinance shall | 14 | | include a requirement that notice must be sent by certified | 15 | | mail to either the real property owner of record or the vehicle | 16 | | owner at least 10 days prior to removal. Nothing in this | 17 | | Section shall apply to any motor vehicle that is kept within a | 18 | | building when not in use, to operable historic vehicles over 25 | 19 | | years of age, or to a motor vehicle on the premises of a place | 20 | | of business engaged in the wrecking, selling, or junking of | 21 | | motor vehicles. | 22 | | Section 10. The Illinois Municipal Code is amended by | 23 | | changing Section 11-40-3.1 as follows:
| 24 | | (65 ILCS 5/11-40-3.1) (from Ch. 24, par. 11-40-3.1)
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| 1 | | Sec. 11-40-3.1.
The General Assembly hereby finds that in | 2 | | municipalities
of more than 1,000,000 inhabitants, the | 3 | | proliferation of hazardous
dilapidated motor vehicles | 4 | | constitutes a hazard to the health, safety and
welfare of the | 5 | | public, and that addressing the problems caused by such
| 6 | | abandoned dilapidated vehicles constitutes a compelling and | 7 | | fundamental
governmental interest. The General Assembly also | 8 | | finds that the only
effective method of dealing with the | 9 | | problem is to promulgate a
comprehensive scheme to expedite the | 10 | | towing and disposal of such vehicles.
The corporate authorities | 11 | | of each municipality of 1,000,000 inhabitants or
more may by | 12 | | ordinance declare all inoperable motor vehicles, whether on
| 13 | | public or private property and in view of the general public, | 14 | | to be
hazardous dilapidated motor vehicles, and may authorize a | 15 | | law enforcement
agency, with applicable jurisdiction, to | 16 | | remove immediately, any hazardous
dilapidated motor vehicle or | 17 | | parts thereof. Nothing in this Section shall
apply to any motor | 18 | | vehicle that is kept within a building when not in use,
to | 19 | | operable historic vehicles over 25 years of age, or to a motor | 20 | | vehicle
on the premises of a place of business engaged in the | 21 | | wrecking , selling, or junking
of motor vehicles.
| 22 | | As used in this Section, "hazardous dilapidated motor | 23 | | vehicle" means any
motor vehicle with a substantial number of | 24 | | essential parts, as defined by
Section 1-118 of The Illinois | 25 | | Vehicle Code, either damaged, removed or
altered or otherwise | 26 | | so treated that the vehicle is incapable of being
driven under |
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| 1 | | its own motor power or, which by its general state of
| 2 | | deterioration, poses a threat to the public's health, safety | 3 | | and welfare.
"Hazardous dilapidated motor vehicle" shall not | 4 | | include a motor vehicle
which has been rendered temporarily | 5 | | incapable of being driven under its own
motor power in order to | 6 | | perform ordinary service or repair operations. The
owner of a | 7 | | vehicle towed under the provisions of this Section shall be
| 8 | | entitled to any hearing or review of the towing of such vehicle | 9 | | as provided
by State or local law.
| 10 | | (Source: P.A. 86-460.)
| 11 | | Section 15. The Illinois Vehicle Code is amended by | 12 | | changing Section 4-203 as follows:
| 13 | | (625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
| 14 | | Sec. 4-203. Removal of motor vehicles or other vehicles; | 15 | | Towing or
hauling away.
| 16 | | (a) When a vehicle is abandoned, or left unattended, on a | 17 | | toll
highway, interstate highway, or expressway for 2 hours or | 18 | | more, its
removal by a towing service may be authorized by a | 19 | | law enforcement
agency having jurisdiction.
| 20 | | (b) When a vehicle is abandoned on a highway in an urban | 21 | | district 10
hours or more, its removal by a towing service may | 22 | | be authorized by a
law enforcement agency having jurisdiction.
| 23 | | (c) When a vehicle is abandoned or left unattended on a | 24 | | highway
other than a toll highway, interstate highway, or |
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| 1 | | expressway, outside of
an urban district for 24 hours or more, | 2 | | its removal by a towing service
may be authorized by a law | 3 | | enforcement agency having jurisdiction.
| 4 | | (d) When an abandoned, unattended, wrecked, burned or | 5 | | partially
dismantled vehicle is creating a traffic hazard | 6 | | because of its position
in relation to the highway or its | 7 | | physical appearance is causing the
impeding of traffic, its | 8 | | immediate removal from the highway or private
property adjacent | 9 | | to the highway by a towing service may be authorized
by a law | 10 | | enforcement agency having jurisdiction.
| 11 | | (e) Whenever a
peace officer reasonably believes that a | 12 | | person under
arrest for a violation of Section 11-501 of this | 13 | | Code or a similar
provision of a local ordinance is likely, | 14 | | upon release, to commit a
subsequent violation of Section | 15 | | 11-501, or a similar provision of a local
ordinance, the | 16 | | arresting officer shall have the vehicle which the person
was | 17 | | operating at the time of the arrest impounded for a period of | 18 | | not more
than 12 hours after the time of arrest. However, such | 19 | | vehicle may be
released by the arresting law enforcement agency | 20 | | prior to the end of the
impoundment period if:
| 21 | | (1) the vehicle was not owned by the person under | 22 | | arrest, and the lawful
owner requesting such release | 23 | | possesses a valid operator's license, proof
of ownership, | 24 | | and would not, as determined by the arresting law | 25 | | enforcement
agency, indicate a lack of ability to operate a | 26 | | motor vehicle in a safe
manner, or who would otherwise, by |
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| 1 | | operating such motor vehicle, be in
violation of this Code; | 2 | | or
| 3 | | (2) the vehicle is owned by the person under arrest, | 4 | | and the person
under arrest gives permission to another | 5 | | person to operate such vehicle,
provided however, that the | 6 | | other person possesses a valid operator's license
and would | 7 | | not, as determined by the arresting law enforcement
agency, | 8 | | indicate a lack of ability to operate a motor vehicle in a | 9 | | safe
manner or who would otherwise, by operating such motor | 10 | | vehicle, be in
violation of this Code.
| 11 | | (e-5) Whenever a registered owner of a vehicle is taken | 12 | | into custody for
operating the vehicle in violation of Section | 13 | | 11-501 of this Code or a similar
provision of a local ordinance | 14 | | or Section 6-303 of this Code, a
law enforcement officer
may | 15 | | have the vehicle immediately impounded for a period not less | 16 | | than:
| 17 | | (1) 24 hours for a second violation of Section 11-501 | 18 | | of this Code or a
similar provision of a local ordinance or | 19 | | Section 6-303
of
this Code or a combination of these | 20 | | offenses; or
| 21 | | (2) 48 hours for a third violation of Section 11-501 of | 22 | | this Code or a
similar provision of a local ordinance or | 23 | | Section 6-303 of this
Code or a combination of these | 24 | | offenses.
| 25 | | The vehicle may be released sooner if the vehicle is owned | 26 | | by the person
under arrest and the person under arrest gives |
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| 1 | | permission to another person to
operate the vehicle and that | 2 | | other person possesses a valid operator's license
and would | 3 | | not, as determined by the arresting law enforcement agency, | 4 | | indicate
a lack of ability to operate a motor vehicle in a safe | 5 | | manner or would
otherwise, by operating the motor vehicle, be | 6 | | in violation of this Code.
| 7 | | (f) Except as provided in Chapter 18a of this Code, the | 8 | | owner or
lessor of privately owned real property within this | 9 | | State, or any person
authorized by such owner or lessor, or any | 10 | | law enforcement agency in the
case of publicly owned real | 11 | | property may cause any motor vehicle abandoned
or left | 12 | | unattended upon such property without permission to be removed | 13 | | by a
towing service without liability for the costs of removal, | 14 | | transportation
or storage or damage caused by such removal, | 15 | | transportation or storage.
The towing or removal of any vehicle | 16 | | from private property without the
consent of the registered | 17 | | owner or other legally authorized person in
control of the | 18 | | vehicle is subject to compliance with the following
conditions | 19 | | and restrictions:
| 20 | | 1. Any towed or removed vehicle must be stored at the | 21 | | site of the towing
service's place of business. The site | 22 | | must be open during business hours,
and for the purpose of | 23 | | redemption of vehicles, during the time that the
person or | 24 | | firm towing such vehicle is open for towing purposes.
| 25 | | 2. The towing service shall within 30 minutes of | 26 | | completion of such
towing or removal, notify the law |
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| 1 | | enforcement agency having jurisdiction of
such towing or | 2 | | removal, and the make, model, color and license plate | 3 | | number
of the vehicle, and shall obtain and record the name | 4 | | of the person at the law
enforcement agency to whom such | 5 | | information was reported.
| 6 | | 3. If the registered owner or legally authorized person | 7 | | entitled to
possession of the vehicle shall arrive at the | 8 | | scene prior to actual removal
or towing of the vehicle, the | 9 | | vehicle shall be disconnected from the tow
truck and that | 10 | | person shall be allowed to remove the vehicle without
| 11 | | interference, upon the payment of a reasonable service fee | 12 | | of not more than
one half the posted rate of the towing | 13 | | service as provided in paragraph
6 of this subsection, for | 14 | | which a receipt shall be given.
| 15 | | 4. The rebate or payment of money or any other valuable | 16 | | consideration
from the towing service or its owners, | 17 | | managers or employees to the owners
or operators of the | 18 | | premises from which the vehicles are towed or removed,
for | 19 | | the privilege of removing or towing those vehicles, is | 20 | | prohibited. Any
individual who violates this paragraph | 21 | | shall be guilty of a Class A
misdemeanor.
| 22 | | 5. Except for property appurtenant to and obviously a | 23 | | part of a single
family residence, and except for instances | 24 | | where notice is personally given
to the owner or other | 25 | | legally authorized person in control of the vehicle
that | 26 | | the area in which that vehicle is parked is reserved or |
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| 1 | | otherwise
unavailable to unauthorized vehicles and they | 2 | | are subject to being removed
at the owner or operator's | 3 | | expense, any property owner or lessor, prior to
towing or | 4 | | removing any vehicle from private property without the | 5 | | consent of
the owner or other legally authorized person in | 6 | | control of that vehicle,
must post a notice meeting the | 7 | | following requirements:
| 8 | | a. Except as otherwise provided in subparagraph | 9 | | a.1 of this subdivision (f)5, the notice must be | 10 | | prominently placed at each driveway access or curb
cut | 11 | | allowing vehicular access to the property within 5 feet | 12 | | from the public
right-of-way line. If there are no | 13 | | curbs or access barriers, the sign must
be posted not | 14 | | less than one sign each 100 feet of lot frontage.
| 15 | | a.1. In a municipality with a population of less | 16 | | than 250,000, as an alternative to the requirement of | 17 | | subparagraph a of this subdivision (f)5, the notice for | 18 | | a parking lot contained within property used solely for | 19 | | a 2-family, 3-family, or 4-family residence may be | 20 | | prominently placed at the perimeter of the parking lot, | 21 | | in a position where the notice is visible to the | 22 | | occupants of vehicles entering the lot.
| 23 | | b. The notice must indicate clearly, in not less | 24 | | than 2 inch high
light-reflective letters on a | 25 | | contrasting background, that unauthorized
vehicles | 26 | | will be towed away at the owner's expense.
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| 1 | | c. The notice must also provide the name and | 2 | | current telephone
number of the towing service towing | 3 | | or removing the vehicle.
| 4 | | d. The sign structure containing the required | 5 | | notices must be
permanently installed with the bottom | 6 | | of the sign not less than 4 feet
above ground level, | 7 | | and must be continuously maintained on the property for
| 8 | | not less than 24 hours prior to the towing or removing | 9 | | of any vehicle.
| 10 | | 6. Any towing service that tows or removes vehicles and | 11 | | proposes to
require the owner, operator, or person in | 12 | | control of the vehicle to pay the
costs of towing and | 13 | | storage prior to redemption of the vehicle must file
and | 14 | | keep on record with the local law enforcement agency a | 15 | | complete copy of
the current rates to be charged for such | 16 | | services, and post at the storage
site an identical rate | 17 | | schedule and any written contracts with property
owners, | 18 | | lessors, or persons in control of property which authorize | 19 | | them to
remove vehicles as provided in this Section.
The | 20 | | towing and storage charges, however, shall not exceed the | 21 | | maximum allowed by the Illinois Commerce Commission under | 22 | | Section 18a-200.
| 23 | | 7. No person shall engage in the removal of vehicles | 24 | | from private
property as described in this Section without | 25 | | filing a notice of intent
in each community where he | 26 | | intends to do such removal, and such
notice shall be filed |
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| 1 | | at least 7 days before commencing such towing.
| 2 | | 8. No removal of a vehicle from private property shall | 3 | | be done except
upon express written instructions of the | 4 | | owners or persons in charge of the
private property upon | 5 | | which the vehicle is said to be trespassing.
| 6 | | 9. Vehicle entry for the purpose of removal shall be | 7 | | allowed with
reasonable care on the part of the person or | 8 | | firm towing the vehicle. Such
person or firm shall be | 9 | | liable for any damages occasioned to the vehicle if
such | 10 | | entry is not in accordance with the standards of reasonable | 11 | | care.
| 12 | | 10. When a vehicle has been towed or removed pursuant | 13 | | to this Section,
it must be released to its owner or | 14 | | custodian within one half hour after
requested, if such | 15 | | request is made during business hours. Any vehicle owner
or | 16 | | custodian or agent shall have the right to inspect the | 17 | | vehicle before
accepting its return, and no release or | 18 | | waiver of any kind which would
release the towing service | 19 | | from liability for damages incurred during the
towing and | 20 | | storage may be required from any vehicle owner or other | 21 | | legally
authorized person as a condition of release of the | 22 | | vehicle. A detailed,
signed receipt showing the legal name | 23 | | of the towing service must be given
to the person paying | 24 | | towing or storage charges at the time of payment,
whether | 25 | | requested or not.
| 26 | | This Section shall not apply to law enforcement, |
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| 1 | | firefighting, rescue,
ambulance, or other emergency vehicles | 2 | | which are marked as such or to
property owned by any | 3 | | governmental entity.
| 4 | | When an authorized person improperly causes a motor vehicle | 5 | | to be
removed, such person shall be liable to the owner or | 6 | | lessee of the vehicle
for the cost or removal, transportation | 7 | | and storage, any damages resulting
from the removal, | 8 | | transportation and storage, attorney's fee and court costs.
| 9 | | Any towing or storage charges accrued shall be payable by | 10 | | the use of any
major credit card, in addition to being payable | 11 | | in cash.
| 12 | | 11. Towing companies shall also provide insurance | 13 | | coverage for areas
where vehicles towed under the | 14 | | provisions of this Chapter will be impounded
or otherwise | 15 | | stored, and shall adequately cover loss by fire, theft or
| 16 | | other risks.
| 17 | | Any person who fails to comply with the conditions and | 18 | | restrictions of
this subsection shall be guilty of a Class C | 19 | | misdemeanor and shall be fined
not less than $100 nor more than | 20 | | $500.
| 21 | | (g)(1) When a vehicle is determined to be a hazardous | 22 | | dilapidated
motor
vehicle pursuant to Section 11-40-3.1 of the | 23 | | Illinois Municipal Code or Section 5-12002.1 of the Counties | 24 | | Code , its
removal and impoundment by a towing service may be | 25 | | authorized by a law
enforcement agency with appropriate | 26 | | jurisdiction.
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| 1 | | (2) When a vehicle removal from either public or private | 2 | | property is
authorized by a law enforcement agency, the owner | 3 | | of the vehicle shall be
responsible for all towing and storage | 4 | | charges.
| 5 | | (3) Vehicles removed from public or private property and
| 6 | | stored by a commercial vehicle relocator or any other towing | 7 | | service authorized by a law enforcement agency in
compliance | 8 | | with this Section and Sections 4-201 and 4-202
of this Code, or | 9 | | at the request of the vehicle owner or operator,
shall
be | 10 | | subject to a possessor lien for services
pursuant to the Labor | 11 | | and Storage Lien (Small Amount) Act. The provisions of Section | 12 | | 1 of that Act relating to notice
and implied consent shall be | 13 | | deemed satisfied by compliance with Section
18a-302 and | 14 | | subsection (6) of Section 18a-300. In no event shall such lien
| 15 | | be greater than the rate or rates established in accordance | 16 | | with subsection
(6) of Section 18a-200 of this Code. In no | 17 | | event shall such lien be
increased or altered to reflect any | 18 | | charge for services or materials
rendered in addition to those | 19 | | authorized by this Act. Every such lien
shall be payable by use | 20 | | of any major credit card, in addition to being
payable in cash.
| 21 | | (4) Any personal property belonging to the vehicle owner in | 22 | | a vehicle subject to a lien under this
subsection
(g) shall | 23 | | likewise be subject to that lien, excepting only:
child | 24 | | restraint systems as defined in Section 4 of the Child | 25 | | Passenger Protection Act and other child booster seats; | 26 | | eyeglasses; food; medicine; perishable property; any |
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| 1 | | operator's licenses; any cash, credit
cards, or checks or | 2 | | checkbooks; any wallet, purse, or other property
containing any | 3 | | operator's license or other identifying documents or | 4 | | materials,
cash, credit cards, checks, or checkbooks; and any | 5 | | personal property belonging to a person other than the vehicle | 6 | | owner if that person provides adequate proof that the personal | 7 | | property belongs to that person. The spouse, child, mother, | 8 | | father, brother, or sister of the vehicle owner may claim | 9 | | personal property excepted under this paragraph (4) if the | 10 | | person claiming the personal property provides the commercial | 11 | | vehicle relocator or towing service with the authorization of | 12 | | the vehicle owner. | 13 | | (5) This paragraph (5) applies only in the case of a | 14 | | vehicle that is towed as a result of being involved in an | 15 | | accident. In addition to the personal property excepted under | 16 | | paragraph (4), all other personal property in a vehicle subject | 17 | | to a lien under this subsection (g) is exempt from that lien | 18 | | and may be claimed by the vehicle owner if the vehicle owner | 19 | | provides the commercial vehicle relocator or towing service | 20 | | with proof that the vehicle owner has an insurance policy | 21 | | covering towing and storage fees. The spouse, child, mother, | 22 | | father, brother, or sister of the vehicle owner may claim | 23 | | personal property in a vehicle subject to a lien under this | 24 | | subsection (g) if the person claiming the personal property | 25 | | provides the commercial vehicle relocator or towing service | 26 | | with the authorization of the vehicle owner and proof that the |
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| 1 | | vehicle owner has an insurance policy covering towing and | 2 | | storage fees. The regulation of liens on personal property and | 3 | | exceptions to those liens in the case of vehicles towed as a | 4 | | result of being involved in an accident are
exclusive powers | 5 | | and functions of the State. A home
rule unit may not regulate | 6 | | liens on personal property and exceptions to those liens in the | 7 | | case of vehicles towed as a result of being involved in an | 8 | | accident. This paragraph (5) is a denial and
limitation of home | 9 | | rule powers and functions under
subsection (h) of Section 6 of | 10 | | Article VII of the
Illinois Constitution. | 11 | | (6) No lien under this subsection (g) shall:
exceed $2,000 | 12 | | in its total amount; or
be increased or altered to reflect any | 13 | | charge for services or
materials rendered in addition to those | 14 | | authorized by this Act.
| 15 | | (h) Whenever a peace officer issues a citation to a driver | 16 | | for a violation of subsection (a) of Section 11-506 of this | 17 | | Code, the arresting officer may have the vehicle which the | 18 | | person was operating at the time of the arrest impounded for a | 19 | | period of 5 days after the time of arrest.
An impounding agency | 20 | | shall release a motor vehicle impounded under this subsection | 21 | | (h) to the registered owner of the vehicle under any of the | 22 | | following circumstances: | 23 | | (1) If the vehicle is a stolen vehicle; or | 24 | | (2) If the person ticketed for a violation of | 25 | | subsection (a) of Section 11-506 of this Code was not | 26 | | authorized by the registered owner of the vehicle to |
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| 1 | | operate the vehicle at the time of the violation; or | 2 | | (3) If the registered owner of the vehicle was neither | 3 | | the driver nor a passenger in the vehicle at the time of | 4 | | the violation or was unaware that the driver was using the | 5 | | vehicle to engage in street racing; or | 6 | | (4) If the legal owner or registered owner of the | 7 | | vehicle is a rental car agency; or | 8 | | (5) If, prior to the expiration of the impoundment | 9 | | period specified above, the citation is dismissed or the | 10 | | defendant is found not guilty of the offense.
| 11 | | (Source: P.A. 95-310, eff. 1-1-08; 95-562, eff. 7-1-08; 95-621, | 12 | | eff. 6-1-08; 95-876, eff. 8-21-08; 96-1274, eff. 7-26-10; | 13 | | 96-1506, eff. 1-27-11.)
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.
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