Record #: O2014-9764   
Type: Ordinance Status: Passed
Intro date: 12/10/2014 Current Controlling Legislative Body: Committee on License and Consumer Protection
Final action: 4/15/2015
Title: Amendment of Municipal Code Chapter 9-84 regarding towing and relocation of vehicles and fee reclaim requirements
Sponsors: Mendoza, Susana A., Willie B. Cochran, Thompson, JoAnn, Lane, Lona, Sawyer, Roderick T., Silverstein, Debra L., Quinn, Marty, Pope, John, O'Shea, Matthew J., Foulkes, Toni, Fioretti, Bob, Balcer, James, Reilly, Brendan, Brookins, Jr., Howard, Graham, Deborah L.
Topic: MUNICIPAL CODE AMENDMENTS - Title 9 - Vehicles, Traffic & Rail Transportation - Ch. 84 Towing Unauthorized Vehicles
Attachments: 1. O2014-9764.pdf
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ORDINANCE
WHEREAS, the City of Chicago (the "City") is a body politic and corporate under the laws of the State of Illinois and a home rule unit of government under Article VII of the 1970 Constitution ofthe State of Illinois; and
WHEREAS, as a home rule unit of government, the City may exercise any power and perform any function pertaining to its government and affairs; and
WHEREAS, the City Council finds that the regulation of tow truck operators for nonconsensual 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 his or her vehicle, leaving the person stranded at dangerous times or locations, or potentially miles away from home without an alternative mode of transportation; and
WHEREAS, pre-tow photographs will help to ensure that only those unauthorized vehicles parked improperly are towed, thereby reducing false vehicle theft reports, reducing the number of vehicles being erroneously towed on the public streets, and expediting the recovery of the vehicle by an owner by avoiding a confrontation over an erroneous tow; and
WHEREAS, the City Council believes that the safety measures proposed by this ordinance, governing performing of non-consensual towing, would promote public safety by ensuring that: (1) owners are charged only those fees authorized by applicable law; and (2) only those vehicles improperly parked on private property are relocated; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. The above recitals are expressly incorporated into and made a part of this ordinance as though fully set forth herein.
SECTION 2. Chapter 9-84 of the Municipal Code of Chicago is hereby amended by adding new sections 9-84-005, 9-84-023 and 9-84-025, by adding the language underscored and by deleting the language struck through, as follows:
9-84-005 Definitions.
For purposes of this chapter the following definitions apply:
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"Commission" means the Illinois Commerce Commission.
"Relocated." "Relocating." and "Relocation" have the same meaning ascribed to those terms in Section 1710.10 of subchapter d of Chapter 92 ofthe Illinois Administrative Code, codified at 92 III. Adm. Code ยง 1710.10.
"Relocator" and "Operator" have the same meaning ascribed to those terms in Section 18a-100 ofthe Illinois Vehicle Code. 625 ILCS 5/18fa)-100.
"Unauthorized vehicle" means any vehicle parked or abandoned on private property without the consent of the property owner or his authorized agent, or any vehicle parked or abandoned on private property in violation of any provision of this Code.
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9-84-010 Report - Definition - Procedure.
(a)      Within 30 minutes after towing relocating any unauthorized vehicle from privato
property, any person towing a vehicle from privato-proporty or hie agent or omployer the
relocator shall notify the Chicago Police Department by using the nonemergency police
telephone number to report the year, make, model and state license plate number of the towed
relocated vehicle and the location from which the vehicle was towed relocated. In addition to this
notification, within 24 hours after tewioe, relocating an unauthorized vehicle from privato
property, the towing firm or its agent relocator shall submit a written report to the superintendent
of police containing the following information:
    1. Name, address and telephone number of the towing firm relocator and of the operator porson or poroono making the tow;
  2. State license plate number of the vehicle relocated towed;
  3. Vehicle identification number of the vehicle relocated tewed;
  4. Color, make and model of the relocated towed vehicle;
  5. Date and time of the relocation towing;
  6. Address of place from which vehicle was relocated towod;
  7. Names and addresses of any witnesses to the relocation tewing;
  8. Name of person with whom this towing the relocation agreement was made;
  9. Address of place where the. vehicle is stored; and
  10. State license plate number of the tow truck which made the relocation tow.
  1. (Reserved) An unauthorized vohicle on private property shall mean any vehicle parked or abandonod on privato property without the consent of tho property ownor or his
provision of this-CodO:
  1. Before a towing firm may removo relocator or operator relocates an unauthorized vehicle from private property, the firm must relocator shall first obtain written consent from the owner ofthe private property or his authorized agent to removo relocate the specific vehicle in question, unless the firm has an agreement to removo relocate all unauthorized vehicles from the that private property.
  2. When any owner enters into an agreement with a relocator towing firm to relocate remove unauthorized vehicles from his private parking area, the tewing firm relocator shall post a notice of this arrangement prominently at all entrances and exits to the parking areas, in clear view free from interference from any natural or manmade objects, and positioned with the bottom of the sign not less than 4 feet and not more than 7 feet above ground level. The lettering on these signs shall be in prominent type at least three inches high and in a color that contrasts with the background color ofthe sign. The sign must also be legible at night. This sign shall contain the following information:
  1. A general statement indicating who is allowed to park in the area. The statement may use classes of persons as well as individuals;
  2. A warning that unauthorized vehicles will be relocated towed;
  3. The name, address and telephone number of the relocator towing company, and the location to which the car will be relocated towed, if different;
  4. The fee charged by the towing firm relocator to recover the unauthorized vehicle and whether cash, check or credit cards will be accepted in payment.
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(e)     Subsection (d) shall not apply to driveways or parking areas serving three or fewer cars.
9-84-020 Removal of vehicle by owner or legal possessor of vehicle.
No unauthorized vehicle may be tewed relocated by any pefsen relocator or operator from privato property if the owner or other person entitled to possession of the vehicle is present and offers to remove such vehicle voluntarily prior to the time ouch poroon attempting the relocator or operator attempts to tew relocate removes such vehicle from the premises in quoction; provided that the owner or other person so removes the vehicle immediately thereupon.
9-84-021 Towing Relocating of vehicle containing passenger prohibited.
No unauthorized vehicle may be towed by any person relocator or operator from private property if the vehicle to be tewed relocated contains one or more passengers. Any poroon who violatos thi6 section shall bo-cubject to tho penaltioc doscribod in Soction 9-84-0407
9-84-023 Charges for relocated vehicles.
No relocator shall demand, collect or receive anything of value or compensation from the owner, aoent or lessee of a relocated vehicle other than the amount indicated on the signs posted on the private property from which the vehicle was relocated, or the rate established bv the Commission, whichever is less; provided that this subsection shall not apply to storage fees prescribed bv the Commission which are posted in compliance with the Commission's rules and regulations at the locations where the relocated vehicle may be reclaimed.
9-84-025 Pre-tow Photographs-Required.
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 (iii) the vehicle's license plate. The relocator shall maintain the photographs, in electronic or print format, for a period of two years from the date on which it was taken. The relocator shall provide the photographs, without charge, to the owner ofthe relocated vehicle, upon reguest.
9-84-030 Insurance required.
No pereon relocator shall tow relocate any vehicle from private property nor shall any person accept in storage a an unauthorized vehicle towed from privato proporty unless at the time of the tew relocation thoro-ehall bo the relocator had liability insurance in effect in the name of such person relocator as provided in Section 9-44-050.
9-84-035 Tewing Relocation of unauthorized vehicles.
  1. Unauthorized vehicles shall be tewed relocated directly from the initial point of tow to the towing firm's relocator's facility that is indicated on the sign posted on the private property.
  2. No unauthorized vehicle shall be towod or otherwise relocated to a storage lot or facility that is not identified on signs posted at the location from which the unauthorized vehicle is relocated in compliance with Section 1710.50 of subchapter d of Chapter 92 of the Illinois Administrative Code, codified at 92 III. Adm. Code ยง 1710.50. 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 Section 1710.34 of subchapter d of Chapter 92 of the Illinois Administrative Code, codified at 92 III. Adm. Code ยง 1710.34.
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9-84-040 Violation - Penalty.
Any person or any officer of any corporation, or any partner of any partnership:
  1. making a tow relocating or authorizing a relocation of an unauthorized vehicle tew, or booting a vehicle or authorizing the booting of a vehicle in violation of any provision of Section 9-84-010, 9-84-015, 9-84-020 or 9-84-030A shall be fined not less than $50.00 nor more than $500.00 for the first offense and not less than $100.00 nor more than $500.00 for the second and each subsequent offense; er
  2. towing or otherwise relocating an unauthorized vehicle in violation of Section 9-84-021 or 9-84-035 shall be fined not less than $500.00 nor more than $1,000.00T;_or
  3. relocating an unauthorized vehicle in violation of section 9-84-023 or 9-84-025 shall be fined not less than $500.00 nor more than $1.000.00 and be liable for payment of restitution to the owner or lessee of the relocated vehicle in the amount of the actual costs incurred by such owner or lessee.
Any person, or any officer of any corporation, or any partner of any partnership found liable for or guilty of one or more violations on three or more separate dates may be punished by a period of incarceration for a term not to exceed six months.
 
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Each violation shall be considered a separate and distinct offense.
 
02014-9764
 
 
 
 
 
 
 
 
 
Chicago, April 15, 2015
 
 
To the President and Members of the City Council:
 
Your Committee.on License and Consumer Protection, having under consideration an ordinance introduced by City Clerk Mendoza and Aldermen Cochran, Thompson, Lane, Sawyer, Silverstein, Quinn, Pope, O'Shea, Foulkes, Fioretti, Balcer, Reilly, Brookins, and Graham (which was referred on December 10, 2014), to amend Section 9-84 of the Municipal Code of Chicago regarding towing and relocation of vehicles, begs leave to recommend that Your Honorable Body pass the ordinance which is transmitted herewith.
 
This recommendation was concurred in by a viva voce vote of the members of the committee on January 14, 2014.
 
CHAIRMAN, COMMITTEE ON LICENSE AND CONSUMER PROTECTION
 
 
Respectfully submitted,