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Public Act 097-0779 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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:
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(65 ILCS 5/11-40-3.1) (from Ch. 24, par. 11-40-3.1)
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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
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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
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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.
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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
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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
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entitled to any hearing or review of the towing of such vehicle | ||
as provided
by State or local law.
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(Source: P.A. 86-460.)
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Section 15. The Illinois Vehicle Code is amended by | ||
changing Section 4-203 as follows:
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(625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
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Sec. 4-203. Removal of motor vehicles or other vehicles; | ||
Towing or
hauling away.
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(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.
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(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.
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(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.
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(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.
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(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:
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(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
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(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.
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(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:
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(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
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(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.
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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.
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(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:
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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.
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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.
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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
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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.
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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.
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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:
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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.
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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.
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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.
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c. The notice must also provide the name and | ||
current telephone
number of the towing service towing | ||
or removing the vehicle.
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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
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not less than 24 hours prior to the towing or removing | ||
of any vehicle.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Any towing or storage charges accrued shall be payable by | ||
the use of any
major credit card, in addition to being payable | ||
in cash.
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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
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other risks.
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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.
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(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.
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(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.
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(3) Vehicles removed from public or private property and
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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
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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.
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(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.
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(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.
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(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.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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