SB 1108 — VEH CD-TOW ZONE SIGN-6x12

093_SB1108SB1108 Engrossed LRB093 10874 DRH 11372 b AN ACT toin amendrelation theto Illinoisvehicles. Vehicle Code by changing Section 4-203.

The Illinois Vehicle Code is amended by changing Section 4-20318a-302 as follows:

(625 ILCS 5/4-203)5/18a-302) (from Ch.

4-203)18a-302) Sec.

4-203.18a-302.

RemovalOwner ofor motorother vehiclesperson in lawful possession or othercontrol vehicles;of private property - Right to employ relocation service.

Towing_a__ It shall be unlawful for an owner or haulingother away.person in lawful possession or control of private property to remove or employ a commercial relocator to remove an unauthorized vehicle from such property unless written notice is provided to the effect that such vehicles will be removed, including the name, address and telephone number of the appropriate commercial vehicle relocator, if any.

(a)_b_____________________d______________________,_ Whensuch anotice vehicleshall isconsist abandoned,of ora leftsign, unattended,posted onin a tollconspicuous highway,place interstatein highway,the oraffected expresswayarea, forof 2a hourssize orat more,least its24 removalinches byin aheight towing service may be authorized by a36 lawinches enforcementin agencywidth. having jurisdiction.

(b)Such Whensign ashall vehiclebe isat abandonedleast on4 afeet highwayfrom inthe anground urbanbut districtless 10than hours8 orfeet more,from itsthe removalground byand ashall towing service may be authorizedeither byilluminated aor lawpainted enforcementwith agencyreflective havingpaint, jurisdiction.or both.

(c)Such Whensign ashall vehiclestate isthe abandonedamount or left unattended on a highway other than a toll highway, interstate highway, or expressway, outside of antowing urbancharges districtto forwhich 24the hoursperson orparking more, its removal by a towing service may be authorizedsubject. by a law enforcement agency having jurisdiction.

(d)This Whenprovision anshall abandoned,not unattended,be wrecked,construed burnedas orprohibiting partiallyany dismantledunit vehicle is creating a traffic hazard because of itslocal positiongovernment in relation to the highway or its physical appearance is causing the impeding of traffic, its immediate removal from theimposing highwayadditional or privategreater propertynotice adjacentrequirements. to the highway by a towing service may be authorized by a law enforcement agency having jurisdiction.

(e)_c_____________________n______________________a_____________ Whenever_____,_____________________t______________________s_____________ a_____d_____________________a______________________e_____________ peace_____a_____________________h______________________t_____________ officer______b____________________r______________________s_____________ reasonablySB1108 believesEngrossed that a person under arrest for a violation of Section 11-501 of this -2- LRB093 10874 DRH 11372 b Code_____t_____________________b_______________________o____________ or_____e_____________________i______________________n_____________ a_____a_____________________g______________________n_____________ similar_____b______________________d_____________________a_____________ provision_______g___________________p______________________r_____________ of_____r________ a_d__ localNo ordinanceexpress isnotice likely,shall uponbe release,required tounder committhis a subsequent violation of Section 11-501,upon orresidential aproperty similarwhich, provisionpaying ofdue aregard localto ordinance, the arrestingcircumstances officerand shall have the vehiclesurrounding whicharea, theis personclearly wasreserved operatingor atintended theexclusively timefor of the arrestuse impoundedor foroccupation a period of notresidents moreor thantheir 12vehicles. 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:

(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 (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.

(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:

(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 -3- LRB093 10874 DRH 11372 b of these offenses;

or (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.

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.

(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:

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.

2.

The towing service shall within 30 minutes of completion of such towing or removal, notify the law -4- LRB093 10874 DRH 11372 b 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.

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 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.

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.

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 -5- LRB093 10874 DRH 11372 b requirements:

a.

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.

b.

The notice must:________________i____________ _______________ indicate clearly, in not less than 2 inch high light-reflective,_____________l_____ letters on a contrasting background, that unauthorized vehicles will be towed away at the owner's expense;

_ _________________o______________________b_____________ _________________e_______________________l_________.

c.