1970-024W W
ORDINANCE #70-L2-/L-
AN ORDINANCE PROVIDING FOR THE REMOVAL
OF ABANDONED MOTOR VEHICLES
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS,
AS FOLLOWS:
SECTION 1. For the purpose of this ordinance, the following
words shall have the meanings ascribed to them as follows:
"Highway" means any street, alley, or public way within
the Village of Buffalo Grove, Cook and Lake Counties, Illinois.
"Abandoned Vehicle" means all motor vehicles or other vehicles
in a state of disrepair rendering the vehicle incapable of being
driven in its condition; or any motor vehicle or other vehicle
that has not been moved or used for 7 consecutive days or more
and is apparently deserted.
"Antique Vehicle" means any motor vehicle or other vehicles
25 years of age or older.
SECTION 2. The abandonment of a motor vehicle or other
vehicle or any part thereof on any highway in this municipality is.
unlawful and subject to penalties as set forth herein. The
abandonment of a motor vehicle or other vehicles or any part thereof
on private or public property, other than a highway, in view of the
general public,.anywhere in this municipality is unlawful except
on property of the owner or bailee of such abandoned vehicle.
A motor vehicle or other vehicle or any part thereof so abandoned
on private property may be authorized for removal-by or upon the
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order of the chief of police department of the municipality,
after a waiting period of 7 days or more has expired.
SECTION 3.
When an abandoned, lost, stolen or unclaimed
motor vehicle or other vehicle comes into the temporary possession
or custody of a person in this State, not the owner of the vehicle,
such person shall immediately notify the Police Department when
the vehicle is within the corporate limits of the municipality.
Upon receipt of such notification, the chief of the Police
Department shall authorize a towing service to remove and take
possession of the abandoned, lost, stolen or unclaimed motor
vehicle or other vehicle. The towing service will safely keep the
towed vehicle and its contents, maintain a record of the tow
until the vehicle is claimed by the owner or any other person
legally entitled to possession thereof, or until it is disposed
of as provided in this ordinance.
SECTION 4(a). When a motor vehicle or other vehicle
is abandoned on a highway in this municipality 10 hours or more,
its removal by a towing service may be authorized by order of
the chief of the police department of this municipality.
(b) When an abandoned, unattended, wrecked,
burned or partially dismantled motor vehicle or other 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 by a towing
service may be authorized by order of the chief of the police
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department of this municipality.
(c) When a vehicle removed from either public
or private property is authorized by order of the chief of the
police department of this municipality, the owner of the vehicle
will be responsible for all towing costs.
SECTION 5, When a motor vehicle or other vehicle is
authorized to be towed away, the police department shall keep and
maintain a record of the vehicle towed, listing the coloV, year
of manufacture, manufacturer's trade name, manufacturer's series
name, body style, Vehicle Identification Number and license plate
year and number displayed on the vehicle. The record shall
also include the date and hour of tow, location towed from,
location towed to, reason for towing and the name of the officer
authorizing the tow.
SECTION 6. When the municipal police department does not
know the identity of the registered owner or other legally entitled
person, they will cause the motor vehicle registration records of
the State of Illinois to be searched by a directed communcication
to the Secretary of State for the purpose of obtaining the
required ownership information.
The police department will cause the stolen
motor vehicle files of the Illinois State Police to be searched
by a directed communication to the Illinois State Police for stolen
or wanted information on the vehicle. When the Illinois State
Police files are searched with negative results, the information
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contained in the National Crime Information Center (NCIC) files
will be searched by the Illinois State Police. The information
determined from these record searches will be used by the police
department in sending a notification by certified mail to the
owner or legally entitled,person advising where the vehicle is
held, requesting a dispostion be made and setting forth public
sale information.
SECTION 7. When the registered owner or other person
legally entitled to the possession of a motor vehicle or other
vehicle cannot be identified from the registration files of this
State or from the registration files of a foreign state, if
applicable, the police department shall notify the Illinois
State Police for the purpose of identifying the vehicle's owner
or other person legally entitled to the possession of the vehicle.
The information obtained by the Illinois State Police will be.
immediately forwarded to the law enforcement agency having custody
of the vehicle for notification of owner.
SECTION 8. Any time before a motor vehicle or other vehicle
is sold at public sale or disposed of as provided herein, the
owner or other person legally entitled to its possession may reclaim
the vehicle by presenting to the police department proof of ownership
or proof of the right to possession of the vehicle. No vehicle
shall be released to the owner or other person under this Section
until all towing and storage charges have been.paid.
SECTION 9. Whenever an abandoned, lost, stolen or unclaimed
motor vehicle or other vehicle, 7 years of age or newer, remains
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unclaimed by the registered owner or other person legally entitled
to its possession for a period of 30 days after notice has been
given as provided herein, the police department having possession
of the vehicle shall cause it to be sold at public sale to the
highest bidder. Notice of the time and place of the sale shall
be posted in a conspicuous place for at least 10 days prior to
the sale on the premises where the vehicle has been impounded.
At least 10 days prior to the sale, the police department shall
cause a notice of the time and place of the sale to be sent by
certified mail to the registered owner or other person known
by the police department or towing service to be legally entitled
to the possession of the vehicle. Such notice shall contain a
complete description of the vehicle to be sold and what steps must
be taken by any legally entitled person to reclaim the vehicle.
In those instances where the certified notification
specified herein has been returned by the postal authorities
to the police department due to the addressee having moved, or
being unknown at the address obtained from the registration
records of this State, the sending of a second certified notice
will not be required.
SECTION 10. When the identity of the registered owner
or other person legally entitled to the possession of an abandoned,
lost or unclaimed vehicle of 7 years of age or newer cannot be
determined by any means provided for in this ordinance, the
vehicle may be sold as provided herein or disposed of in the
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manner authorized by the ordinance without notice to the
registered owner or other person legally entitled to the
possession of the vehicle.
When an abandoned vehicle of more than 7 years
of age is impounded as specified by this Ordinance, it will
be kept in custody for a minimum of 10 days for the purpose of
determining ownership, the contacting of the registered owner by
the U.S. Mail, public service or in person for a determination
of disposition; and, an examination of the Illinois State Police
stolen motor vehicle files for theft and wanted information.
At the expiration of the 10 day period, without the benefit
of disposition information being received from the registered
owner, the chief of police will authorize the disposal of the
vehicle as gunk only.
A motor vehicle or other vehicle classified as
an antique vehicle is excluded from this Ordinance.
SECTION 11. When a motor vehicle or other vehicle in
the custody of the police department is reclaimed by the registered
owner or other legally entitled person, or when the vehicle
is sold at public sale or otherwise disposed of as provided in
this Ordinance, a report of the transaction will be maintained
by the police department for a period of one year from the date
of the sale or disposal.
SECTION 12. When a vehicle located within the corporate
limits of this municipality is authorized to be towed away by the
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chief of police and disposed of as set forth in this Ordinance,
the proceeds of the public sale or disposition after the deduction
of towing, storage and processing charges shall be deposited in
the municipal treasury.
SECTION 13. Any police officer, towing service owner,
operator or employee shall not be held to answer or be liable
for damages in any action brought by the registered owner, former
registered owner, or his legal representative, or any other
person legally entitled to the possession of a motor vehicle or
other vehicle when the vehicle was processed and sold or disposed
of as provided by this Ordinance.
SECTION 14. Ordinance number 66 -14 is hereby repealed.
SECTION 15. Any person violating any provision of this
Ordinance shall be deemed guilty of a misdemeanor and upon
conviction thereof, shall be fined an amount not exceeding $500.00.
Each day such violation is committed or permitted to continue shall
constitute a separate offense and shall be punishable hereunder
as such.
SECTION 16. This Ordinance shall be in full force and
effect, from and after its passage and publication, in accordance
with the terms of Section 1 -2 -4 of the Illinois Municipal Code.
AYES: NA YES : ASSENT: C9
Passed: 1970.
ATTEST-:
.Clerk
Published:
APP D
Pr iderit
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RECEW E AU6 13 1970
CERTIFICATE OF PUBLICATION
PADDOCK PUBLICATIONS, INC.
A Corporation organized and existing under and by virtue of the laws of the
State of Delaware, DOES HEREBY CERTIFY That it is the publisher
of Buffalo Grove Herald .
That said Buffalo Grove Herald iA a secular
newspaper and has been published daily in the Village of
Buffalo Grove County of Cook
and State of Illinois, continuously for more than one year prior to, on and since
the date of the first publication of the notice hereinafter referred to and is of gen-
eral circulation throughout said Village, County and State.
I further certify that ' Buffalo Grove Herald
is a newspaper as defined in "an Act to revise the law in relation to notices" as
amended by Act approved July 17, 1959 —Ill. Revised Statutes, Chap. 100,
Para. 1 and 5.
That a notice of which the annexed printed slip is a true copy, was published in
said Buffalo Grove Herald ,on the
10th day of__ August A.D. 19---70.
IN WITNESS WHEREOF, the undersigned, the said PADDOCK PUBLICA-
TIONS, Inc., has caused this certificate to be signed and its corporate seal affix-
ed hereto, by FRANCIS E. STITES, its Secretary, at Arlington Hejghts, Illinois,
this 10th _day of__ -- Au9Ust_ , A.D. 19-79--.
PADDOCK PUBLICATIONS, INC.
` /�"'� 4; secretary.
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