Public Act 097-0779
 
HB4145 EnrolledLRB097 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.