2015-10-19 - Ordinance 2015-059 - CREATING CHAPTER 10.24, TOWING UNAUTHORIZED VEHICLES ORDINANCE NO. 2015- 59
AN ORDINANCE CREATING
CHAPTER 10.24,TOWING UNAUTHORIZED VEHICLES,
OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois
Constitution of 1970; and
WHEREAS, a home rule unit may exercise any power and perform any function
pertaining to its government and affairs for the protection of the public health, safety, morals
and welfare; and
WHEREAS, the Village Board finds that the regulation of relocation of vehicles for non-
consensual towing is necessary to promote the general health and safety of its citizens by
protecting vehicle owners from towing mistakes and unlawful charges; and
WHEREAS, an individual's safety and welfare is directly affected by the involuntary loss
of a vehicle belonging to that individual, leaving that person stranded at dangerous times or
locations, or potentially miles away from home without an alternative mode of transportation;
and
WHEREAS, the conveyance of information and proper notice regarding a vehicle prior to
its relocation will help notify those areas which are deemed "unauthorized" and ensure that
only those unauthorized vehicles parked improperly are towed, which will reduce the number
of false vehicle theft reports, reduce the number of vehicles being erroneously towed and
expedite the recovery of relocated vehicles; and
WHEREAS, the Village of Buffalo Grove has a significant governmental interest in
preventing the erroneous towing of vehicles;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and BOARD OF TRUSTEES OF
THE VILLAGE OF BUFFALO GROVE, LAKE and COOK COUNTIES, ILLINOIS, pursuant to its Home
Rule authority, as follows:
Section 1. The foregoing recitals are made a part hereof as if fully restated hereby.
Section 2. Chapter 10.24 of the Village of Buffalo Grove Municipal Code is hereby
created to read as follows:
Chapter 10.24
TOWING OF UNAUTHORIZED VEHICLES
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10.24.005 SCOPE OF REGULATIONS
The provisions of this Chapter shall not apply to single family residential property. The removal,
relocating or towing of unauthorized or trespassing vehicles from single family residential
properties shall be governed in the same manner as prescribed in Sections 5/4-203 and 5/18a-
302 of the Illinois Vehicle Code.
10.24.010 DEFINITIONS.
For the purpose of this Chapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning:
A. "Commission" means the Illinois Commerce Commission.
B. "Relocated", "Relocating", and "Relocation" refer to the towing of an unauthorized
vehicle from private property. A tow from public property is not a relocation tow. A tow
from private property pursuant to explicit authorization from the vehicle owner or
owner's agent is not a relocation tow.
C. "Operator" means any person who, as an employee of a Relocator, removes
unauthorized vehicles from private property by means of towing or otherwise. This term
includes the driver of any vehicle used in removing an unauthorized vehicle from private
property, as well as any person other than the driver who assists in the removal of an
unauthorized vehicle from private property.
D. "Relocator" means any person or entity engaged in the business of removing
unauthorized vehicles from private property by means of towing or otherwise, and
thereafter relocating and storing such vehicles;
E. "Unauthorized vehicle" means any vehicle parked or abandoned on private property
without the consent of the owner of the private parking area or the owner's authorized
agent, or any vehicle parked or abandoned on private property in violation of any
provision of the Buffalo Grove Municipal Code.
10.24.020 Owner of Private Parking Area's Responsibilities
A. Signage pertaining to entire parking area:
Prior to any vehicle being relocated from a private parking area, the owner of the
private parking area or the owner's authorized agent of the private parking area must:
1. prominently display notice 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
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no curbs or access barriers, the notice must be posted not less than one sign
each I0O feet of lot frontage.
a. Aaan alternative to the provision above, the notice for aparking
lot contained within property used solely for B 2-family, 3-family,
or4-famni|y residence may be prominently placed at the perimeter
of the parking lot, ina position where the notice is visible tothe
occupants of vehicles entering the lot.
2. clearly indicate on the notice, in not less than 2 inch high light-reflective letters
on contrasting background:
a. a general statement indicating who is allowed to park inthe
private parking area;
b. that unauthorized vehicles will be relocated at the vehicle owner's
expense;
C. the name, address and telephone number of the Re|ocator
removing the vehicle and the location where the relocated vehicle
will be located if different than the address displayed;
d. the fee charged by the Re|ocatorto recover the relocated vehicle.
e. if the name and number Vf the Re|ocatoris unavailable because
there isno agreement between the owner ofthe private parking
area and the Re|ocatorto remove all unauthorized vehicles and
such removal is performed on a case by case basis, then the name
and current telephone number ofthe owner of the private
parking area or the owner's authorized agent must beprovided.
3. install said notice on an affixed sign that is erected with the bottom ofthe sign
not less than 4 feet above ground level and not more than 7 feet above ground
level, for a period of not less than 24 hours prior to the relocation of any vehicle.
B. Signage pertaining to particular parking spots:
Prior tm any vehicle being relocated from a private parking area that isotherwise
authorized to beinthe parking area but not authorized tobe located in a particular
parking spot,the owner of the private parking area or the owner's authorized agent
must:
I. prominently display notice, at each specific parking spot that is be designated as
a limited parking spot for a particular establishment, limited astothe duration of
allowable parking, or any combination of the two.
2. this notice must be permanently installed with the bottom of the sign not less
than 4 feet above ground level and not more than 7 feet above ground level and
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shall not be smaller than IJ" w I8". Such notice must display the limitation of
the parking spot in not less than 2 inch high light-reflective letters on e
contrasting background.
10-24.030 ReUocakor'sDutUes
A. Reporting Requirements for Relocating Vehicles
1. Within 30 minutes prior to relocating any unauthorized vehicle, the Relocator shall
notify the Buffalo Grove Police Department by using the nonernergencypolice
telephone number orin any other manner aydetermined by the Chief of Police to
report the year, make, model and state license plate number of the vehicle and the
location to where the vehicle is located.
2. Within 3Ominutes after to relocating any unauthorized vehicle, the Re|ocatorshall
notify the Buffalo Grove Police Department by using the nonernergenoypolice
telephone number or in, any other manner as determined by the Chief of Police to
report that the vehicle which was the subject of the report provided in Subsection
1 above, was in fact relocated and the location of where that vehicle will be
relocated and remain for the next 24hours.
3. In addition to the notifications required above, within 24 hours after relocating an
unauthorized vehicle, the Re|ocator shall submit a written report 1mthe Chief of
Police, or his designee, containing the following information:
e. Name, address and telephone number of the Relocator and of the Operator;
b. State license plate number mf the vehicle relocated;
c. Vehicle identification number of the vehicle relocated;
d. Color, make and model of the relocated vehicle;
e. Date and time of the relocation;
[ Address mf place from which vehicle was relocated;
g. Names and addresses of any witnesses to the relocation;
h. Name of person with whom the relocation agreement was made;
i Address of place where the vehicle is stored; and
i State license plate number of the tow truck which made the relocation; and
k. Name of the individual or company that made the request for the vehicle's
relocation.
4. Prior to relocating any unauthorized vehicle, the Relocator or Operator shall take
at least one photograph of the unauthorized vehicle which clearly shows: (i)the
date and time the photograph was taken; (ii) the entire vehicle and its location on
the date and time the photograph was taken; and Uii\ the vehicle's license plate.
The Re|ocatorshaU maintain the photographs, in electronic format, for a period of
two years from the date on which it was taken. The Relocator shall provide the
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photographs, without charge, to the relocated vehicle's owner and the Chief of
Police, upon request.
B. Prerequisites to Relocations
1. Before a Relocator or Operator relocates an unauthorized vehicle,the Relocator
shall first obtain written consent from the owner mfthe private parking area orthe
owner's authorized agent to relocate the specific vehicle in question, unless the
Relocator has an agreement to relocate all unauthorized vehicles from that private
property. |f there is such an agreement,the Re|mcator shall verify that the owner
of the private parking area or the owner's authorized agent is making such a
request to have the unauthorized vehicle relocated.
2. Vehicles shall not be relocated without such request being made bythe owner of
the private parking area or the owner's authorized agent. The Re|ocator shall note
the individual or company name that has made a request for vehicle relocation.
3. No unauthorized vehicle may be relocated by any Relocator or Operator if the
vehicle owner or other person entitled to possession of the vehicle is present and
offers to remove such vehicle voluntarily prior to the time the Relocator or
Operator attempts to relocate such vehicle from the premises; provided that the
vehicle owner or other person so removes the vehicle immediately thereupon.
4. No unauthorized vehicle may be towed by any Relocator or Operator from private
property if the vehicle 1obe relocated contains one or more passengers, including
pets.
5. NoRe|moator shall demand, collect or receive anything mfvalue or compensation
from the vehicle owner, agent or lessee mfa relocated vehicle other than the
amount indicated on the signs posted mn the private property from which the
vehicle was relocated, or the rate established by the Illinois Commerce
Commission, whichever is less; provided that this Subsection shall not apply to
storage fees prescribed by the Commission which are posted in compliance with
the Commission's rules and regulations at the locations where the relocated
vehicle may bereclaimed.
'
C. Insurance for Re|ooators and Operators
NoRe|ocator shall relocate any vehicle from private property nor shall any person accept
in storage an unauthorized vehicle relocated unless at the time of the relocation the
Re|ocator had liability insurance in effect in the name of such Re|ocator as follows:
1. every Re|ocatorsha|| maintain a liability insurance policy insuring the Re|ocator
and the Operator (1)for injury to person, in an amount not less than $100,000.00
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to any one person and $300,OOO.00 for any one accident; and (2)for damage to
property other than a vehicle being towed, in an amount not less than $50,000.00
for any one accident;
2. such insurance policy shall be issued by a firm properly qualified to do business in
the State of Illinois, and a certificate of the policy shall bg carried in the cab ofsuch
tow truck and displayed on demand to a police officer or other authorized
government official.
O. Storage and Relocation
1. Unauthorized vehicles shall be relocated directly from the initial point Of tow to
the Re|ocato/s facility that is indicated on the sign posted on the private property
2. No unauthorized vehicle shall be relocated to a storage lot or facility that isnot
identified on signs posted at the location from which the unauthorized vehicle is
relocated in compliance with Illinois Vehicle Code and the Illinois Administrative
Rules
3. Following the initial tow, no vehicle shall be subsequently transported to any other
lot or facility except to a secondary storage lot in compliance with Illinois Vehicle
Code and the Illinois Administrative Rules.
10.24.040 Violation; Penalties.
A. |n addition to the provisions of this Chapter, every Re|ocator and Operator shall operate
in a manner prescribed by this Chapter and by the Illinois Vehicle Code (625 ILCS 5/1 et.
seq.) and the Illinois Administrative Code (92UiAdnn.Codel710.1O et. seql
B. Every act or omission constituting a violation of any provision of this Chapter by any
officer, director, manager, agent or employee of any Re|omatorshaU be deemed and
held to be the act of such employer or Relocator and the employer or Relocator shall be
punishable in the same manner as if such act or omission had been committed or
omitted by him or her personally.
C. Every act or omission constituting a violation of any provision of this Chapter by any
officer, director, manager, agent or employee of any owner of the private parking area
where an unauthorized vehicle may be relocated from, shall be deemed and held to be
the act of such owner of the private parking area and the owner of the private parking
area shall be punishable in the same manner as if such act or omission had been
committed or omitted by him or her personally.
D. Any Re|ocator, Operator, or owner of the private parking area violating any of the
provisions of this Chapter shall be deemed guilty of a business offense and upon
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conviction thereof shall be fined in an amount not exceeding seven hundred fifty dollars
($750.00). Each day that such violation is committed or permitted to continue shall
constitute a separate offense and shall be punishable as such hereunder.
Section 3. If any section, paragraph, clause or provision of this ordinance shall be
held invalid, the invalidity thereof shall not affect any other provision of this ordinance.
Section 4. This ordinance shall be in full force and effect from and after its passage,
approval and publication. This ordinance may be published in pamphlet form.
AYES: 6—Berman,Trilling, Stein, Ottenheimer, Weidenfeld, Johnson
NAYES: 0- None
ABSENT: 0- None
PASSED: October 19, 2015.
APPROVED: October 19, 2015.
PUBLISHED: October 20, 2015.
APPROVED:
tU-41A
Beverly Sussm Vn,Village President
ATTEST:
Janet M.'Sirabian,Village Clerk
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