HB4145 EnrolledLRB097 17640 KMW 62847 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by adding Section
55-12002.1 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
9proliferation of hazardous dilapidated motor vehicles
10constitutes a hazard to the health, safety, and welfare of the
11public, and that addressing the problems caused by such
12abandoned dilapidated vehicles constitutes a compelling and
13fundamental governmental interest. The General Assembly also
14finds that the only effective method of dealing with the
15problem is to promulgate a comprehensive scheme to expedite the
16towing and disposal of such vehicles.
17    (b) As used in this Section, "hazardous dilapidated motor
18vehicle" means any motor vehicle with a substantial number of
19essential parts, as defined by Section 1-118 of The Illinois
20Vehicle Code, either damaged, removed, or altered or otherwise
21so treated that the vehicle is incapable of being driven under
22its own motor power or, which by its general state of
23deterioration, poses a threat to the public's health, safety,

 

 

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1and welfare. "Hazardous dilapidated motor vehicle" shall not
2include a motor vehicle that has been rendered temporarily
3incapable of being driven under its own motor power in order to
4perform ordinary service or repair operations. The owner of a
5vehicle towed under the provisions of this Section shall be
6entitled to any hearing or review of the towing of the vehicle
7as provided by State or local law.
8    (c) A county board may by ordinance declare all inoperable
9motor vehicles, whether on public or private property and in
10view of the general public, to be hazardous dilapidated motor
11vehicles, and may authorize a law enforcement agency, with
12applicable jurisdiction, to remove immediately, any hazardous
13dilapidated motor vehicle or parts thereof. The ordinance shall
14include a requirement that notice must be sent by certified
15mail to either the real property owner of record or the vehicle
16owner at least 10 days prior to removal. Nothing in this
17Section shall apply to any motor vehicle that is kept within a
18building when not in use, to operable historic vehicles over 25
19years of age, or to a motor vehicle on the premises of a place
20of business engaged in the wrecking, selling, or junking of
21motor vehicles.
 
22    Section 10. The Illinois Municipal Code is amended by
23changing 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
2municipalities of more than 1,000,000 inhabitants, the
3proliferation of hazardous dilapidated motor vehicles
4constitutes a hazard to the health, safety and welfare of the
5public, and that addressing the problems caused by such
6abandoned dilapidated vehicles constitutes a compelling and
7fundamental governmental interest. The General Assembly also
8finds that the only effective method of dealing with the
9problem is to promulgate a comprehensive scheme to expedite the
10towing and disposal of such vehicles. The corporate authorities
11of each municipality of 1,000,000 inhabitants or more may by
12ordinance declare all inoperable motor vehicles, whether on
13public or private property and in view of the general public,
14to be hazardous dilapidated motor vehicles, and may authorize a
15law enforcement agency, with applicable jurisdiction, to
16remove immediately, any hazardous dilapidated motor vehicle or
17parts thereof. Nothing in this Section shall apply to any motor
18vehicle that is kept within a building when not in use, to
19operable historic vehicles over 25 years of age, or to a motor
20vehicle on the premises of a place of business engaged in the
21wrecking, selling, or junking of motor vehicles.
22    As used in this Section, "hazardous dilapidated motor
23vehicle" means any motor vehicle with a substantial number of
24essential parts, as defined by Section 1-118 of The Illinois
25Vehicle Code, either damaged, removed or altered or otherwise
26so treated that the vehicle is incapable of being driven under

 

 

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1its own motor power or, which by its general state of
2deterioration, poses a threat to the public's health, safety
3and welfare. "Hazardous dilapidated motor vehicle" shall not
4include a motor vehicle which has been rendered temporarily
5incapable of being driven under its own motor power in order to
6perform ordinary service or repair operations. The owner of a
7vehicle towed under the provisions of this Section shall be
8entitled to any hearing or review of the towing of such vehicle
9as provided by State or local law.
10(Source: P.A. 86-460.)
 
11    Section 15. The Illinois Vehicle Code is amended by
12changing 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;
15Towing or hauling away.
16    (a) When a vehicle is abandoned, or left unattended, on a
17toll highway, interstate highway, or expressway for 2 hours or
18more, its removal by a towing service may be authorized by a
19law enforcement agency having jurisdiction.
20    (b) When a vehicle is abandoned on a highway in an urban
21district 10 hours or more, its removal by a towing service may
22be authorized by a law enforcement agency having jurisdiction.
23    (c) When a vehicle is abandoned or left unattended on a
24highway other than a toll highway, interstate highway, or

 

 

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1expressway, outside of an urban district for 24 hours or more,
2its removal by a towing service may be authorized by a law
3enforcement agency having jurisdiction.
4    (d) When an abandoned, unattended, wrecked, burned or
5partially dismantled vehicle is creating a traffic hazard
6because of its position in relation to the highway or its
7physical appearance is causing the impeding of traffic, its
8immediate removal from the highway or private property adjacent
9to the highway by a towing service may be authorized by a law
10enforcement agency having jurisdiction.
11    (e) Whenever a peace officer reasonably believes that a
12person under arrest for a violation of Section 11-501 of this
13Code or a similar provision of a local ordinance is likely,
14upon release, to commit a subsequent violation of Section
1511-501, or a similar provision of a local ordinance, the
16arresting officer shall have the vehicle which the person was
17operating at the time of the arrest impounded for a period of
18not more than 12 hours after the time of arrest. However, such
19vehicle may be released by the arresting law enforcement agency
20prior 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
12into custody for operating the vehicle in violation of Section
1311-501 of this Code or a similar provision of a local ordinance
14or Section 6-303 of this Code, a law enforcement officer may
15have the vehicle immediately impounded for a period not less
16than:
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
26by the person under arrest and the person under arrest gives

 

 

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1permission to another person to operate the vehicle and that
2other person possesses a valid operator's license and would
3not, as determined by the arresting law enforcement agency,
4indicate a lack of ability to operate a motor vehicle in a safe
5manner or would otherwise, by operating the motor vehicle, be
6in violation of this Code.
7    (f) Except as provided in Chapter 18a of this Code, the
8owner or lessor of privately owned real property within this
9State, or any person authorized by such owner or lessor, or any
10law enforcement agency in the case of publicly owned real
11property may cause any motor vehicle abandoned or left
12unattended upon such property without permission to be removed
13by a towing service without liability for the costs of removal,
14transportation or storage or damage caused by such removal,
15transportation or storage. The towing or removal of any vehicle
16from private property without the consent of the registered
17owner or other legally authorized person in control of the
18vehicle is subject to compliance with the following conditions
19and 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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1firefighting, rescue, ambulance, or other emergency vehicles
2which are marked as such or to property owned by any
3governmental entity.
4    When an authorized person improperly causes a motor vehicle
5to be removed, such person shall be liable to the owner or
6lessee of the vehicle for the cost or removal, transportation
7and storage, any damages resulting from the removal,
8transportation and storage, attorney's fee and court costs.
9    Any towing or storage charges accrued shall be payable by
10the use of any major credit card, in addition to being payable
11in 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
18restrictions of this subsection shall be guilty of a Class C
19misdemeanor 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
22dilapidated motor vehicle pursuant to Section 11-40-3.1 of the
23Illinois Municipal Code or Section 5-12002.1 of the Counties
24Code, its removal and impoundment by a towing service may be
25authorized by a law enforcement agency with appropriate
26jurisdiction.

 

 

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1    (2) When a vehicle removal from either public or private
2property is authorized by a law enforcement agency, the owner
3of the vehicle shall be responsible for all towing and storage
4charges.
5    (3) Vehicles removed from public or private property and
6stored by a commercial vehicle relocator or any other towing
7service authorized by a law enforcement agency in compliance
8with this Section and Sections 4-201 and 4-202 of this Code, or
9at the request of the vehicle owner or operator, shall be
10subject to a possessor lien for services pursuant to the Labor
11and Storage Lien (Small Amount) Act. The provisions of Section
121 of that Act relating to notice and implied consent shall be
13deemed satisfied by compliance with Section 18a-302 and
14subsection (6) of Section 18a-300. In no event shall such lien
15be greater than the rate or rates established in accordance
16with subsection (6) of Section 18a-200 of this Code. In no
17event shall such lien be increased or altered to reflect any
18charge for services or materials rendered in addition to those
19authorized by this Act. Every such lien shall be payable by use
20of any major credit card, in addition to being payable in cash.
21    (4) Any personal property belonging to the vehicle owner in
22a vehicle subject to a lien under this subsection (g) shall
23likewise be subject to that lien, excepting only: child
24restraint systems as defined in Section 4 of the Child
25Passenger Protection Act and other child booster seats;
26eyeglasses; food; medicine; perishable property; any

 

 

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1operator's licenses; any cash, credit cards, or checks or
2checkbooks; any wallet, purse, or other property containing any
3operator's license or other identifying documents or
4materials, cash, credit cards, checks, or checkbooks; and any
5personal property belonging to a person other than the vehicle
6owner if that person provides adequate proof that the personal
7property belongs to that person. The spouse, child, mother,
8father, brother, or sister of the vehicle owner may claim
9personal property excepted under this paragraph (4) if the
10person claiming the personal property provides the commercial
11vehicle relocator or towing service with the authorization of
12the vehicle owner.
13    (5) This paragraph (5) applies only in the case of a
14vehicle that is towed as a result of being involved in an
15accident. In addition to the personal property excepted under
16paragraph (4), all other personal property in a vehicle subject
17to a lien under this subsection (g) is exempt from that lien
18and may be claimed by the vehicle owner if the vehicle owner
19provides the commercial vehicle relocator or towing service
20with proof that the vehicle owner has an insurance policy
21covering towing and storage fees. The spouse, child, mother,
22father, brother, or sister of the vehicle owner may claim
23personal property in a vehicle subject to a lien under this
24subsection (g) if the person claiming the personal property
25provides the commercial vehicle relocator or towing service
26with the authorization of the vehicle owner and proof that the

 

 

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1vehicle owner has an insurance policy covering towing and
2storage fees. The regulation of liens on personal property and
3exceptions to those liens in the case of vehicles towed as a
4result of being involved in an accident are exclusive powers
5and functions of the State. A home rule unit may not regulate
6liens on personal property and exceptions to those liens in the
7case of vehicles towed as a result of being involved in an
8accident. This paragraph (5) is a denial and limitation of home
9rule powers and functions under subsection (h) of Section 6 of
10Article VII of the Illinois Constitution.
11    (6) No lien under this subsection (g) shall: exceed $2,000
12in its total amount; or be increased or altered to reflect any
13charge for services or materials rendered in addition to those
14authorized by this Act.
15    (h) Whenever a peace officer issues a citation to a driver
16for a violation of subsection (a) of Section 11-506 of this
17Code, the arresting officer may have the vehicle which the
18person was operating at the time of the arrest impounded for a
19period of 5 days after the time of arrest. An impounding agency
20shall release a motor vehicle impounded under this subsection
21(h) to the registered owner of the vehicle under any of the
22following 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,
12eff. 6-1-08; 95-876, eff. 8-21-08; 96-1274, eff. 7-26-10;
1396-1506, eff. 1-27-11.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.