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CHAPTER
13
PROHIBITED VEHICLE PARKING
Sec.
13-1 PROHIBITED
PARKING AREAS. The DuPage
Airport Authority may establish tow-away zones in which the parking of
vehicles is prohibited or restricted.
The location of such zones and the prohibition or restriction shall
be clearly designated by signs posted or other conspicuous markings, and
such signs or markings shall indicate that vehicles in violation will be
towed and impounded.
13-2
DEFINITIONS
13-2-1
The term "tow-away zone" shall mean an area
designated by the Board of Commissioners of the DuPage Airport Authority
(hereinafter the "Board of Commissioners") where vehicles may be
impounded upon violation of this chapter. A current list of such zones appears at Appendix 13-A
13-2-2
The term "impounded" shall mean the removal of the
vehicle to a storage facility either by a law enforcement officer or
authorized agent of the DuPage Airport Authority or by a contractor for
towing and storage in response to a request from a law enforcement officer
or authorized agent of the DuPage Airport Authority.
13-3
PROHIBITED PARKING.
Where signs are erected or other markings exist giving notice
thereof, no person shall park or leave standing or unattended a motor
vehicle where prohibited or restricted by such signs or other markings.
Violators of this
chapter may be assessed a fine up to $25 per day, not to exceed
$500. Each calendar day that
such violation continues shall constitute a separate offense.
A vehicle in violation of this
chapter may be impounded, with or without citation and without giving
prior notice to its owner, when the vehicle is illegally parked in a
tow-away zone as established by this chapter.
13-4
IMPOUNDMENT OF VEHICLE. When
impoundment is authorized, a vehicle may be impounded either by a law
enforcement officer or authorized agent of the DuPage Airport Authority or
by a contractor for towing and storage acting at the request of a law
enforcement officer or authorized agent of the DuPage Airport Authority
and in accordance with any contract authorized by the Board of
Commissioners.
13-5
REMOVAL OF VEHICLE. A
law enforcement officer or authorized agent of the DuPage Airport
Authority is authorized to remove, or cause to be removed, a vehicle from
any DuPage Airport Authority property when:
(1) a vehicle is situated in such a manner that it obstructs the
normal movement of traffic or creates a hazard or other traffic on the
airport property and the person in possession of the vehicle is not
present or is unwilling or unable to provide for its immediate removal;
(2) a vehicle driven on DuPage Airport Authority property is so defective
as to pose an immediate hazard; (3) removal of the vehicle is necessary in
the interest of the public health or safety because of fire, flood, snow,
storm or other emergency and the person in possession of the vehicle is
not present or is unwilling or unable to provide for its immediate
removal; (4) a vehicle blocks ingress or egress to or from DuPage Airport
Authority property and the person in possession of the vehicle is not
present or is unwilling or unable to provide for its immediate removal;
(5) the vehicle has been found on DuPage Airport Authority property in a
signed or marked tow-away zone and the person in possession of the vehicle
is not present or is unwilling or unable to provide for its immediate
removal.
13-6
NOTICE TO VEHICLE OWNER. Whenever
any motor vehicle is found in a tow-away zone or in violation of any of
the restrictions imposed by the DuPage Airport Authority, the law
enforcement officer or authorized agent of the DuPage Airport Authority
finding such vehicle shall take its registration number and may take other
information displayed on the vehicle which may identify its user, or
whenever a law enforcement officer or authorized agent of the DuPage
Airport Authority removes a vehicle from a "no parking" zone or
other restricted area and the law enforcement officer knows or is able to
ascertain from the registration records in the vehicle the name and
address of the owner thereof, such law enforcement officer or authorized
agent shall give, or cause to be given, notice in writing to such owner of
the fact of the removal and the reasons therefor and of the place to which
the vehicle has been removed. The
written notice shall be mailed to the registered owner at the address
provided by the Illinois Secretary of State or corresponding agency of any
other state or province. The notice shall contain the full particulars of the
impoundment, redemption and opportunity for hearing to contest the
propriety of the impoundment, as hereinafter provided.
The notice required in this section shall be given by certified or
First Class U.S. Mail to the registered owner of the motor vehicle within
three (3) business days after impoundment of the vehicle. In the event the vehicle is stored in a public garage, a copy
of such notice shall be given to the proprietor of such garage.
13-7
INABILITY TO NOTIFY VEHICLE OWNER.
Whenever a law enforcement officer or authorized agent of the
DuPage Airport Authority impounds a vehicle and does not know, and is
unable to ascertain, the name of the owner, or for any other reason is
unable to give notice to the owner as provided herein, and in the event
the vehicle is not returned to the owner within a period of three (3)
days, the law enforcement officer or authorized agent shall send, or cause
to be sent, a written report of such removal by mail to the State Police
and state department whose duty it is to register motor vehicles and shall
include a complete description of the vehicle, the date, time and place of
removal and the name of the garage or other place where the vehicle is
stored.
13-8
HEARING. Whenever any
vehicle has been impounded, the registered owner, person authorized by the
registered owner or one who has purchased the vehicle from the registered
owner may request, in writing, a hearing to determine the propriety of the
impoundment. The written
request for a hearing shall be submitted to and received by the Executive
Director of the DuPage Airport Authority (“Executive Director”) within
ten (10) business days of the date the vehicle was impounded or the right
to a hearing shall be deemed to have been waived.
Within three (3) days of the
receipt of a request for a hearing, the hearing
shall be conducted by a hearing officer appointed by the Executive
Director. The sole issue to
be determined by the hearing officer shall be whether a violation of the
provisions of this chapter which authorized the impoundment has occurred.
If the hearing officer finds a violation has occurred, all charges,
including, but not limited to, citations, towing and storage charges,
shall be paid by the owner of the vehicle or such person as is authorized
by the owner. If the hearing officer finds that a violation has not
occurred, he or she may, in his or her discretion, order that the DuPage
Airport Authority reimburse the owner of the vehicle or such person as is
authorized by the owner for all impound, storage or citation fees paid by
such person.
13-9
SURRENDER OF TITLE
13-9-1
All motor vehicles towed and impounded shall be surrendered to the
owner or person entitled to custody of the vehicle, subject to the
provisions of subparagraph (b) hereof, upon presentation to the commercial
towing service where the vehicle is impounded of proof of ownership of the
vehicle by lawful title or other proof of lawful entitlement to the
vehicle.
13-9-2
Payment of all storage charges and towing fees incurred in the
impoundment and towing of a vehicle must be paid prior to release of the
vehicle, unless otherwise relieved of that requirement by application of
the hearing provision set forth herein.
13-10
AVAILABILITY OF BOND.
A person who requests a post-impoundment hearing may obtain the
release of the vehicle prior to the hearing date by posting a bond with
the Executive Director in the amount of the towing and storage charges.
Upon showing to the commercial towing service proof of the posting
of a bond, the motor vehicle shall be immediately released.
If a bond is not posted, the vehicle shall remain in storage until
the requested hearing is held. If
the person requesting a hearing fails to appear on the date and at the
time of the scheduled hearing, the request shall be dismissed, with
prejudice, and the bond amount shall be forfeited to the DuPage Airport
Authority.
13-11
UNCLAIMED VEHICLES.
Vehicles remaining unclaimed for more than thirty (30) days after
the notice required has been given shall be disposed of as set forth in
625 ILCS 5/4-208 and 209. |
